SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 18



18.(1) This Article applies to a man whose wife has died and who either

(a)was incapable of work at the time when she died; or

(b)becomes incapable of work within the prescribed period after that time.

(2) Subject to paragraph (5), a man to whom this Article applies shall be
entitled to an invalidity pension under this Article for any day of incapacity
for work which

(a)falls in a period of interruption of employment that began before the time
when his wife died or within the prescribed period after that time; and

(b)is after that time and after the first 168 days of incapacity for work in
that period.

(3) An invalidity pension under this Article shall be payable at

(a)the weekly rate that would apply if the pension were payable under
section 15 of the principal Act; or

(b)the weekly rate specified in paragraph (4),

(4) Where the man's wife was over pensionable age when she died the weekly
rate mentioned in sub-paragraph (b) of paragraph (3) is a rate determined in
the manner specified in Article 8 for a Category A retirement pension, taking
references in that Article to the pensioner as references to the wife; and
where the man's wife was under pensionable age when she died the weekly rate
mentioned in that sub-paragraph is a rate determined in the manner specified
in Article 8 for a Category A retirement pension, taking references in that
Article to the pensioner and the tax year in which he attained pensionable age
as references to the wife and the tax year in which she died.

(5) A man shall not be entitled to an invalidity pension under this Article if
he is over pensionable age and has retired from regular employment; but if he
retires from regular employment, having attained pensionable age, and the
period of interruption of employment mentioned in paragraph (2)(a) did not
terminate earlier than the day before he attained that age

(a)he shall, if not otherwise entitled to a Category A retirement pension, and
also not entitled to a Category B retirement pension by virtue of Article 10,
be entitled to a Category A retirement pension; and

(b)the weekly rate of Category A retirement pension to which he is entitled
(whether by virtue of sub-paragraph (a) or otherwise) shall be determined in
[the prescribed manner].

(6) No invalidity pension shall be payable under section 15 of the principal
Act for any day of incapacity for which an invalidity pension is payable under
this Article.

Art.19 rep. by 1979 NI5 art.6 sch.1 Pt.II

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 18