Section 39A Widowed parent’s allowance.F1

a person's F3spouse, civil partner or cohabiting partner has died before the day on which section 29 of the Pensions Act (Northern Ireland) 2015 comes into operation (but see subsection (1A)),

the person has not married or formed a civil partnership F4or a cohabiting partnership after the death but before that day, and

the person is under pensionable age on that day.

the surviving spouse, civil partner or cohabiting partner is entitled to child benefit in respect of a child F5or qualifying young person falling within subsection (3) below; F6...

the surviving spouse F7or cohabiting partner is a woman who either—

the surviving civil partner F11or cohabiting partner is a woman who—

a son or daughter of the surviving spouse, civil partner or cohabiting partner and the deceased spouse, civil partner or cohabiting partner; or

a child F15or qualifying young person in respect of whom the deceased spouse, civil partner or cohabiting partner was immediately before his or her death entitled to child benefit; or

if the surviving spouse, civil partner or cohabiting partner and the deceased spouse F16or civil partner were residing together immediately before his or her death, a child or qualifying young person in respect of whom the surviving spouse, civil partner or cohabiting partner was then entitled to child benefit.

if one of those persons is the deceased’s spouse or civil partner and is pregnant or entitled to child benefit in accordance with subsection (2), that person is entitled;

if there is no spouse or civil partner entitled under paragraph (a), the deceased’s cohabiting partner who is pregnant or entitled to child benefit in accordance with subsection (2) is entitled (but this is subject to paragraphs (c) and (d));

if there is more than one cohabiting partner within paragraph (b), the cohabiting partner who has been a member of the same household as the deceased for longest is entitled;

if there is more than one cohabiting partner within paragraph (b) and each partner has been a member of the same household as the deceased for the same length of time, the Department must determine who is entitled.

satisfies the requirements of subsection (2)(a) or (b) above; and

is under pensionable age.

satisfies the requirements of subsection (2)(a) or (b) above; and

is under pensionable age.

satisfies the requirements of subsection (2)(a), (b) or (c) above; and

is under pensionable age.

for any period falling before the day on which the surviving F23spouse’s, civil partner’s or cohabiting partner’s entitlement is to be regarded as commencing by virtue of section 5(1)(l) of the Administration Act; F24or

for any period during which—

are living together as if spouses of each other.

circumstances in which the fact that two persons are married to each other, or are civil partners or cohabiting partners of each other, is to be disregarded;

circumstances in which two persons are to be treated as if they were married to each other or were civil partners or cohabiting partners of each other (or as marrying or forming a civil partnership or a cohabiting partnership);

circumstances in which people are to be treated as being, or as not being, members of the same household.