Section 39 Retirement benefits for the aged

(1)

Subject to the provisions of this Act—

(a)

a person who was over pensionable age on 5th July 1948 and satisfies such conditions as may be prescribed shall be entitled to a Category C retirement pension at the appropriate weekly rate;

(b)

a woman whose husband is entitled to a Category C retirement pension shall, if she is over pensionable age and has retired from regular employment and satisfies such other conditions as may be prescribed, be entitled to such a pension at the appropriate weekly rate; and

(c)

a person who is over the age of 80 and satisfies such conditions as may be prescribed shall be entitled to a Category D retirement pension at the appropriate weekly rate if—

(i)

he is not entitled to a Category A, Category B or Category C retirement pension; or

(ii)

he is entitled to such a pension but it is payable at a weekly rate which, disregarding any increase (for dependants) under section 41, 45 or 46, is less than the appropriate weekly rate.

(2)

The appropriate weekly rate of a Category C or Category D retirement pension—

(a)

shall be the lower rate specified in relation thereto in Schedule 4, Part III, paragraph 5, where—

(i)

the pensioner is a married woman, and

(ii)

she has not, at any time since she became entitled to her pension, ceased to be a married woman; and

(b)

shall be the higher rate so specified in any other case.

(3)

A Category C or Category D retirement pension shall be payable for the pensioner's life.

(4)

Regulations may provide for the payment—

(a)

to a widow whose husband was over pensionable age on 5th July 1948 ; or

(b)

to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death,

of a Category C retirement pension, or of benefit corresponding to a widow's pension or a widowed mother's allowance; and any such pension or benefit shall be at the prescribed rate.