Social Security Contributions and Benefits Act 1992 (c. 4)

(The document as of February, 2008)

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(b) prescribe circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission;

but, subject to any such regulations, in determining for the purposes of that subsection whether a person does or does not have good cause for any act or omission, there shall be disregarded any matter relating to the level of remuneration in the employment in question.

(6) For the purposes of this section--

(a) "properly notified", in subsection (1)(b) and (f) above, means notified by the Secretary of State, a local education authority or some other recognised agency, or by or on behalf of an employer;

(b) "official recommendations", in subsection (1)(d) above, means recommendations in writing made by an officer of a local education authority or the Secretary of State;

(i) are trained for employment; or

(ii) acquire work-experience for the purpose of becoming or keeping fit for entry to or return to regular employment,

and which is approved by the Secretary of State for the purposes of this section;

(d) "local education authority", in relation to Scotland, means an education authority, that is to say, a regional or islands council; and

(e) "week" means any period of 7 days.

29 Exemptions from disqualification for unemployment benefit

(1) Nothing in section 28 above or in regulations under that section shall be taken to disqualify a person for receiving unemployment benefit by reason only of his refusal--

(a) to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute; or

(b) to seek or accept during the permitted period any employment other than employment in his usual occupation at a level of remuneration not lower than he is accustomed to receive.

(2) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner's employment without being disqualified under--

(a) subsection (1)(a) of section 28 above, so far as it relates to a person who voluntarily leaves such employment without just cause, or

(b) subsection (1)(c) of that section,

should he leave that employment voluntarily and without just cause at any time after the end of the sixth week, but not later than the end of the twelfth week, of a trial period.

(3) In this section--

"permitted period", in relation to any person, means such period, whether expired or not, as may be determined in accordance with regulations by an adjudication officer on the submission of the question whether that person is disqualified under section 28 above for receiving unemployment benefit; and any such regulations may prescribe--
(a)
the day on which any such period shall be regarded as having commenced in any case;
(b)
the shortest and longest periods which may be so determined in any case; and
(c)
criteria to which the adjudication officer is to have regard in determining the permitted period in any case; and
"trial period" means a period of 12 weeks beginning with the commencement of the employment in question; but regulations may--
(a)
make provision for the purpose of determining the day on which a person's employment is to be regarded as commencing; and
(b)
provide that, for the purpose of determining the time at which the sixth or twelfth week of a trial period ends, prescribed periods may be disregarded in prescribed circumstances.

30 Abatement of unemployment benefit on account of payments of occupational or personal pension

(1) If payments by way of occupational or personal pension which in the aggregate exceed the maximum sum are made for any week to a person who has attained the age of 55, the rate of any unemployment benefit to which apart from this section he is entitled for that week shall be reduced by 10 pence for each 10 pence of the excess; and in this subsection "the maximum sum" means such sum not less than £35 as is prescribed.

(2) Where a reduction in the rate of unemployment benefit payable to a person falls to be made under this section the reduction shall be made, so far as is necessary--

(a) initially against so much of the benefit as falls to be paid by virtue of section 25(4) or (5) above or of regulations under section 60 below;

(b) then against any increase in the benefit payable under section 82 below; and

(3) Regulations may provide--

(a) for such sums as are specified in or determined under the regulations to be disregarded for the purposes of this section;

(b) for securing that no reduction in pursuance of subsection (1) above is made in the unemployment benefit for any day before the day which in pursuance of the regulations is treated as that on which relevant payments by way of occupational or personal pension begin;

(i) a lump sum is paid to a person in connection with a former employment of his or arrangements are made for a lump sum to be so paid; or

(ii) benefits of any description are made available to a person in connection with a former employment of his or arrangements are made for them to be made so available; or

(iii) payments by way of occupational or personal pension to a person are assigned, reduced or postponed or are made otherwise than weekly,

as if there were made to the person such weekly payments by way of occupational or personal pension as are specified in or determined under the regulations;

(d) for the method of determining whether payments by way of occupational or personal pension are made to a person for any week and the amount of any such payments which are so made;

(e) for section 26(1) above and section 57(1) below to have effect, in relation to a person whose rate of unemployment benefit is reduced by virtue of this section, with such modifications as are prescribed.

(4) In this section--

"employer" means--
(a)
in relation to an employment under a contract of service, the employer under the contract;
(b)
in relation to an employment in an office with emoluments, the person responsible for paying the emoluments;
"employment" means an employment under a contract of service or in an office with emoluments;
"modifications" includes additions, omissions and amendments;

and the reference in subsection (1) above to unemployment benefit includes any increase of the benefit on account of dependants.

Sickness benefit

31 Sickness benefit

(1) Subject to the provisions of this section, a person who satisfies any of the three conditions of subsection (2) below shall be entitled to sickness benefit in respect of any day of incapacity for work which forms part of a period of interruption of employment.

(2) The conditions of this subsection are that--

(a) the person is under pensionable age on the day in question and satisfies the contribution conditions specified for sickness benefit in Schedule 3, Part I, paragraph 2; or

(b) on that day the person--

(i) is over pensionable age, but not more than 5 years over that age; and

(ii) would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below; or

(i) is over pensionable age, but not more than 5 years over that age; and

(ii) would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.

(3) Subsection (1) above is subject to the provision made by section 102 below in relation to entitlement to sickness benefit in cases of industrial injury.

(4) A person shall not be entitled to sickness benefit for the first 3 days of any period of interruption of employment.

(5) In the case of a person entitled under paragraph (a) of subsection (2) above (including a person entitled by virtue of that paragraph and section 102 below) sickness benefit shall be payable at the weekly rate specified in Schedule 4, Part I, paragraph 2.

(6) In the case of any person over pensionable age who is entitled under paragraph (b) or (c) of subsection (2) above, sickness benefit shall be payable at the weekly rate at which the retirement pension referred to in the applicable paragraph of that subsection would have been payable; but in determining that rate for the purposes of this subsection any increase specified in subsection (7) below shall be disregarded.

(7) The increases to be disregarded for the purposes of subsection (6) above are the following--

(a) any increase (for married women) under section 53(2) below or (for deferred retirement) under Schedule 5 to this Act;

(b) any increase (for dependants) under section 80, 83 or 85 below; and

(c) any increase (for Category A or Category B pensioners) under section 150 of the Administration Act (annual up-rating).

(8) The amount payable by way of benefit under this section for any day of incapacity for work shall be one-sixth of the appropriate weekly rate.

32 Sickness benefit - disqualifications etc

(1) Regulations may provide for disqualifying a person for receiving sickness benefit for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act if--

(a) he has become incapable of work through his own misconduct; or

(b) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(2) Regulations may also provide for imposing, in the case of any prescribed category of persons--

(a) additional conditions with respect to the receipt of sickness benefit; and

(b) restrictions on the rate and duration of sickness benefit,

if, having regard to special circumstances, it appears to the Secretary of State necessary to do so for the purpose of preventing inequalities, or injustice to the general body of employed earners, or of earners generally, as the case may be.

(3) For the purposes of this section "week" means any period of 7 days.

Invalidity benefits

33 Invalidity pension

(1) Where in respect of any period of interruption of employment a person has been entitled to sickness benefit for 168 days (including, in the case of a woman, any day for which she was entitled to a maternity allowance) then--

(a) he shall cease to be entitled to that benefit for any subsequent day of incapacity for work falling within that period; and

(b) he shall be entitled to an invalidity pension under this section for any day of incapacity for work in that period for which, by virtue only of paragraph (a) above, he is not entitled to sickness benefit if on that day either--

(i) he is under pensionable age, or

(ii) being over that age but not more than 5 years over it he satisfies either of the conditions of subsection (2) below;

and any day in the first 3 days of a period of interruption of employment which was a day of incapacity for work shall be treated for the purposes of this subsection as a day on which he was so entitled.

(2) The conditions of this subsection are that on that day--

(a) the person would be entitled to a Category A retirement pension if his entitlement had not been deferred or if he had not made an election under section 54(1) below; or

(b) the person would be entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but for any such deferment or election.

(3) Except as provided by subsection (4) below, the weekly rate of an invalidity pension under this section shall for any period of interruption of employment be determined in accordance with the provisions of sections 44 and 45 below as they apply in the case of a Category A retirement pension, but--

(a) with the modification provided by section 46(1) below, and

(b) with the substitution for section 44(7) below of the following--

" (7) In the application of this section for the purpose of determining the weekly rate of a person's invalidity pension for any period of interruption of employment--

(a) "relevant year" means any tax year, being neither earlier than the tax year 1978-79 nor later than the tax year 1990-91, in the period which--

(i) begins with the tax year in which the invalidity pensioner attained the age of 16; and

(ii) ends with the tax year immediately preceding the tax year which includes or included the first day of entitlement to the pension in respect of that period of interruption of employment; and

(b) "final relevant year" means the last tax year which is a relevant year in relation to the invalidity pensioner. " .

(4) In the case of a person (over pensionable age) who is entitled to an invalidity pension under this section under paragraph (a) or (b) of subsection (2) above, the pension shall be payable at the weekly rate at which the retirement pension referred to in the applicable paragraph of that subsection would have been payable, apart from any increase to be disregarded by virtue of subsection (5) below.

(5) The increases to be disregarded for the purposes of subsection (4) above are the following--

(a) if he is also entitled to an invalidity allowance, any increase under section 47(1) or 50(2) below;

(b) any increase (for married women) under section 53(2) below or (for deferred entitlement) under Schedule 5 to this Act;

(d) any increase (for Category A or Category B pensioners) under section 150 of the Administration Act.

(6) The amount payable by way of an invalidity pension under this section shall for any day of incapacity for work be one sixth of the appropriate weekly rate.

(7) Where--

(a) a person who is engaged and normally engaged in remunerative work ceases to be so engaged; and

(b) he is entitled to a disability working allowance for the week in which there falls the last day on which he is so engaged; and

(c) he qualified for a disability working allowance for that week by virtue of an invalidity pension under this section having been payable to him; and

(d) the first relevant day after he ceases to be engaged as mentioned in paragraph (a) above is for him a day of incapacity for work and falls not later than the end of the period of 2 years beginning with the last day for which he was entitled to such a pension,

any day since that day which fell within a week for which he was entitled to a disability working allowance shall be treated for the purposes of any claim for such a pension for a period commencing after he ceases to be engaged as mentioned in paragraph (a) above as having been a day of incapacity for work.

(8) Any day other than a Sunday or a day prescribed under section 57(1)(e) below is a relevant day for the purposes of subsection (7) above.

(9) Regulations may make provision in relation to entitlement to invalidity pension under this section--

(a) corresponding to that made by or under section 102 below in relation to sickness benefit for persons who have attained pensionable age;

(b) restricting entitlement to invalidity pension under this section in cases where in respect of one or more of the 168 days mentioned in subsection (1) above the person claiming invalidity pension (whether or not he has attained pensionable age) would not have been entitled to sickness benefit but for the provision so made.

(10) The Secretary of State may by regulations provide that, for the purpose of entitlement to invalidity pension under this section, such days as may be prescribed, in respect of which a person is or has been entitled to statutory sick pay, shall be days in respect of which he is deemed to be or to have been entitled to sickness benefit.

(11) A person under pensionable age who is deemed in accordance with regulations under subsection (10) above to have been entitled to sickness benefit for the whole or any part of a period of 168 days such as is mentioned in subsection (1) above shall not be entitled to invalidity pension under this section unless he would have satisfied the contribution conditions for sickness benefit had he claimed that benefit on the first of those days.

34 Invalidity allowance

(1) If a person is more than 5 years below pensionable age on the qualifying date in any period of interruption of employment then, subject to the following provisions of this section, in respect of every day of that period in respect of which he is entitled to an invalidity pension, he shall also be entitled to an invalidity allowance at the appropriate weekly rate specified in Schedule 4, Part I, paragraph 3.

(2) In this section "the qualifying date" means the first day in the period of interruption of employment in question (whether that day falls before the coming into force of this section or later) which is a day of incapacity for work or such earlier day as may be prescribed.

(3) An invalidity allowance shall be payable--

(a) at the higher rate specified in Schedule 4, Part I, paragraph 3, if--

(i) the qualifying date fell before 5th July 1948; or

(ii) on the qualifying date the beneficiary was under the age of 35; or

(iii) on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979;

(b) at the middle rate so specified if paragraph (a) above does not apply and either--

(i) on the qualifying date the beneficiary was under the age of 45; or

(ii) on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979;

(c) at the lower rate so specified if paragraphs (a) and (b) above do not apply, and on the qualifying date the beneficiary was a man under the age of 60 or a woman under the age of 55.

(4) Where for any period the weekly rate of the invalidity pension to which the beneficiary is entitled includes an additional pension such as is mentioned in section 44(3)(b) below, for that period the relevant amount shall be deducted from the appropriate weekly rate of invalidity allowance and he shall be entitled to invalidity allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

(5) In this section "the relevant amount" means an amount equal to the additional pension reduced by the amount of any reduction in the weekly rate of the invalidity pension made by virtue of section 29 of the Pensions Act.

(6) In this section references to an additional pension are references to that pension after any increase under section 52(3) below but without any increase under paragraphs 1 and 2 of Schedule 5 to this Act.

(7) The amount payable by way of invalidity allowance shall for any day of incapacity for work be one sixth of the appropriate weekly rate or, where subsection (4) above applies, of the weekly rate payable under that subsection.

Maternity

35 State maternity allowance

(1) A woman shall be entitled to a maternity allowance at the weekly rate specified in Schedule 4, Part I, paragraph 4, if--

(a) she has become pregnant and has reached, or been confined before reaching, the commencement of the 11th week before the expected week of confinement; and

(b) she has been engaged in employment as an employed or self-employed earner for at least 26 weeks in the 52 weeks immediately preceding the 14th week before the expected week of confinement; and

(d) she is not entitled to statutory maternity pay for the same week in respect of the same pregnancy.

(2) Subject to the following provisions of this section, a maternity allowance shall be payable for the period ("the maternity allowance period") which, if she were entitled to statutory maternity pay, would be the maternity pay period under section 165 below.

(3) Regulations may provide--

(a) for disqualifying a woman for receiving a maternity allowance if--

(i) during the maternity allowance period she does any work in employment as an employed or self-employed earner, or fails without good cause to observe any prescribed rules of behaviour; or

(ii) at any time before she is confined she fails without good cause to attend for, or submit herself to, any medical examination required in accordance with the regulations;

(b) that this section and Schedule 3, Part I, paragraph 3 shall have effect subject to prescribed modifications in relation to cases in which a woman has been confined and--

(i) has not made a claim for a maternity allowance in expectation of that confinement (other than a claim which has been disallowed); or

(ii) has made a claim for a maternity allowance in expectation of that confinement (other than a claim which has been disallowed), but she was confined more than 11 weeks before the expected week of confinement.

(4) A woman who has become entitled to a maternity allowance shall cease to be entitled to it if she dies before the beginning of the maternity allowance period; and if she dies after the beginning, but before the end, of that period, the allowance shall not be payable for any week subsequent to that in which she dies.

(5) Where for any purpose of this Part of this Act or of regulations it is necessary to calculate the daily rate of a maternity allowance--

(a) Sunday or such other day in each week as may be prescribed shall be disregarded; and

(b) the amount payable by way of that allowance for any other day shall be taken as one sixth of the weekly rate of the allowance.

(6) In this section "confinement" means--

(a) labour resulting in the issue of a living child, or

(b) labour after 28 weeks of pregnancy resulting in the issue of a child whether alive or dead,

and "confined" shall be construed accordingly; and where a woman's labour begun on one day results in the issue of a child on another day she shall be taken to be confined on the day of the issue of the child or, if labour results in the issue of twins or a greater number of children, she shall be taken to be confined on the day of the issue of the last of them.

(7) The fact that the mother of a child is being paid maternity allowance shall not be taken into consideration by any court in deciding whether to order payment of expenses incidental to the birth of the child.

Benefits for widows and widowers

36 Widow's payment

(1) A woman who has been widowed shall be entitled to a widow's payment of the amount specified in Schedule 4, Part II if--

(a) she was under pensionable age at the time when her late husband died, or he was then not entitled to a Category A retirement pension under section 44 below; and

(b) her late husband satisfied the contribution condition for a widow's payment specified in Schedule 3, Part I, paragraph 4.

(2) The payment shall not be payable to a widow if she and a man to whom she is not married are living together as husband and wife at the time of her husband's death.

(3) A widow's payment is payable only in cases where the husband dies on or after 11th April 1988 (the coming into force of section 36(1) of the 1986 Act, which introduced the widow's payment by making provision corresponding to this section).

37 Widowed mother's allowance

(1) A woman who has been widowed shall be entitled to a widowed mother's allowance at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widowed mother's allowance specified in Schedule 3, Part I, paragraph 5 and either--

(a) the woman is entitled to child benefit in respect of a child falling within subsection (2) below; or

(b) the woman is pregnant by her late husband; or

(c) if the woman and her late husband were residing together immediately before the time of his death, the woman is pregnant as the result of being artificially inseminated before that time with the semen of some person other than her husband, or as the result of the placing in her before that time of an embryo, of an egg in the process of fertilisation, or of sperm and eggs.

(2) A child falls within this subsection if one of the conditions specified in section 81(2) below is for the time being satisfied with respect to the child and the child is either--

(a) a son or daughter of the woman and her late husband; or

(b) a child in respect of whom her late husband was immediately before his death entitled to child benefit; or

(c) if the woman and her late husband were residing together immediately before his death, a child in respect of whom she was then entitled to child benefit.

(3) The widow shall not be entitled to the allowance for any period after she remarries, but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above.

(4) A widowed mother's allowance shall not be payable--

(a) for any period falling before the day on which the widow's entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act; or

(b) for any period during which she and a man to whom she is not married are living together as husband and wife.

38 Widow's pension

(1) A woman who has been widowed shall be entitled to a widow's pension at the rate determined in accordance with section 39 below if her late husband satisfied the contribution conditions for a widow's pension specified in Schedule 3, Part I, paragraph 5 and either--

(a) she was, at the husband's death, over the age of 45 but under the age of 65; or

(b) she ceased to be entitled to a widowed mother's allowance at a time when she was over the age of 45 but under the age of 65.

(2) The widow shall not be entitled to the pension for any period after she remarries, but, subject to that, she shall continue to be entitled to it until she attains the age of 65.

(3) A widow's pension shall not be payable--

(a) for any period falling before the day on which the widow's entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act;

(b) for any period for which she is entitled to a widowed mother's allowance; or

(4) In the case of a widow whose late husband died before 11th April 1988 and who either--

(a) was over the age of 40 but under the age of 55 at the time of her husband's death; or

(b) is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother's allowance,

subsection (1) above shall have effect as if for "45" there were substituted "40".

39 Rate of widowed mother's allowance and widow's pension

(1) The weekly rate of--

(a) a widowed mother's allowance,

(b) a widow's pension,

shall be determined in accordance with the provisions of sections 44 and 45 below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section 46(2) below.

(2) In the application of sections 44 and 45 below by virtue of subsection (1) above--

(a) where the woman's husband was over pensionable age when he died, references in those sections to the pensioner shall be taken as references to the husband, and

(b) where the husband was under pensionable age when he died, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the husband and the tax year in which he died.

(3) In the case of a woman whose husband dies after 5th April 2000, the additional pension falling to be calculated under sections 44 and 45 below by virtue of subsection (1) above shall (before making any reduction required by subsection (4) below) be one half of the amount which it would be apart from this subsection.

(4) Where a widow's pension is payable to a woman who was under the age of 55 at the time when the applicable qualifying condition was fulfilled, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which her age at that time was less than 55 (any fraction of a year being counted as a year).

(5) For the purposes of subsection (4) above, the time when the applicable qualifying condition was fulfilled is the time when the woman's late husband died or, as the case may be, the time when she ceased to be entitled to a widowed mother's allowance.

(6) In the case of a widow whose late husband died before 11th April 1988 and who either--

(a) was over the age of 40 but under the age of 55 at the time of her husband's death; or

(b) is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother's allowance,

subsection (4) above shall have effect as if for "55" there were substituted "50", in both places where it occurs.

40 Invalidity pension for widows

(1) Subject to subsection (2) below, this section applies to a woman who--

(a) on her late husband's death is not entitled to a widowed mother's allowance or subsequently ceases to be entitled to such an allowance; and

(b) is incapable of work at the time when he dies or when she subsequently ceases to be so entitled; and

(i) would have been entitled to a widow's pension if she had been over the age of 45 when her husband died or when she ceased to be entitled to a widowed mother's allowance; or

(ii) is entitled to such a pension with a reduction under section 39(4) above.

(2) This section does not apply to a woman unless--

(a) her husband died after 5th April 1979; or

(b) she ceased to be entitled to a widowed mother's allowance after that date (whenever her husband died).

(3) Subject to subsection (7) below, a woman to whom this section applies shall be entitled to an invalidity pension under this section for any day of incapacity for work which--

(a) falls in a period of interruption of employment that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother's allowance; and

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

(4) An invalidity pension under this section shall be payable at the higher of--

(a) the weekly rate which would apply if the pension were payable under section 33 above; or

(b) the weekly rate specified in subsection (5) below.

(5) The weekly rate referred to in subsection (4)(b) above is--

(a) if the woman is not entitled to a widow's pension, a weekly rate equal to that of the widow's pension to which she would have been entitled if she had been over the age of 55 when her husband died; and

(b) if she is entitled to a widow's pension with a reduction under section 39(4) above, a weekly rate equal to the difference between the weekly rate of that pension and what it would have been without the reduction,

but, in calculating the weekly rate of a widow's pension for the purposes of paragraph (a) above, or the weekly rate of a widow's pension without reduction, for the purposes of paragraph (b) above, any additional pension by virtue of section 44(3) below as it applies for the purposes of section 39 above shall be determined without reference to any surpluses in her late husband's earnings factors for tax years after 1990-91.

(6) For the purpose of calculating the rate of an invalidity pension for a woman to whom this section applies by virtue of subsection (1)(c)(ii) above, subsections (4) and (5) above shall have effect with such modifications as are prescribed.

(7) A woman shall not be entitled to an invalidity pension under this section if she is over pensionable age and is entitled to a Category A or Category B retirement pension; but if she has attained pensionable age, and the period of interruption of employment mentioned in subsection (3)(a) above did not terminate earlier than the day before she attained that age--

(a) she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension; and

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

(8) No invalidity pension shall be payable under section 33 above for any day of incapacity for which an invalidity pension is payable under this section.

(9) In subsection (6) above "modifications" includes additions, omissions and amendments.

41 Invalidity pension for widowers

(1) This section applies to a man whose wife has died on or after 6th April 1979 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 subsection (7) below, a man to whom this section applies shall be entitled to an invalidity pension under this section 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 section shall be payable at the higher of--

(a) the weekly rate which would apply if the pension were payable under section 33 above; or

(b) the weekly rate specified in subsection (4) below.

(4) The weekly rate mentioned in subsection (3)(b) above is a rate determined in accordance with the provisions of sections 44 and 45 below as they apply in the case of a Category A retirement pension, but subject, in particular, to subsections (5) and (6) and section 46(2) below.

(5) In the application of sections 44 and 45 below by virtue of subsection (4) above--

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