CHAPTER 14 SURVIVOR'S BENEFIT

92. —(1) Subject to this Act, on the death of a woman to whom an old age (contributory) pension or retirement pension was payable at an increased weekly rate by virtue of section 87(1) or 91(1) in respect of a period ending on such death, her husband shall be entitled to survivor's benefit:

Provided that he is incapable of self-support by reason of some mental or physical infirmity.

(2) Survivor's benefit shall not be payable for any period after—

( a ) the remarriage of the beneficiary, or

( b ) the beneficiary ceases to be incapable of self-support by reason of some physical or mental infirmity.

(3) A man shall be disqualified for receiving survivor's benefit if and so long as he and any other person are cohabiting as husband and wife.

(4) Where, but for the provisions of this subsection, benefit under this section and old age (contributory) pension or retirement pension would be payable to a person in respect of any period—

(i) benefit under this section shall not be payable in respect of that period unless the rate thereof is greater than the rate of the pension,

(ii) the pension shall not be payable in respect of that period unless the rate thereof is equal to or greater than the rate of benefit under this section.

93. —Subject to this Act, the weekly rate of survivor's benefit shall be as set out in column (2) of Part I of the Second Schedule.

94. —(1) The weekly rate of survivor's benefit shall be increased by the appropriate amount set out in column (4) or (5) of Part I of the Second Schedule in respect of each qualified child who normally resides with the beneficiary.

(2) The weekly rate of survivor's benefit shall be increased by the amount set out in column (7) of Part I of the Second Schedule where the beneficiary has attained pensionable age and is living alone.

(3) The weekly rate of survivor's benefit shall be increased by the amount set out in column (8) of Part I of the Second Schedule where the beneficiary has attained the age of 80 years.