# The Social Security (Widow's Benefit and Retirement Pensions) Regulations 1979, Regulation 16: Provision in relation to entitlement to child benefit for the purposes of a widowed mother's allowance


(1) For the sole purpose of determining whether a woman who has been widowed satisfies the requirements of section 25(1)(a) of the Act (entitlement to a widowed mother's allowance)—
(a) any person under the age of 20 residing with the widow shall be deemed to be within section 25(2) of the Act if—
(i) the requirements of section 25(2)(a) are satisfied in his case and child benefit would have been payable in respect of him had he not been absent from Great Britain and had a claim for it been made in the manner prescribed under section 6 of the Child Benefit Act 1975, or
(ii) the requirements of section 25(2)(b) or (c) would have been satisfied, and child benefit would have been payable in respect of him continuously since the date of death of the late husband, had he not been absent from Great Britain and had a claim for child benefit been made in respect of him in the manner prescribed under section 6 of the Child Benefit Act 1975; and
(b) a widow shall be treated as entitled to child benefit in respect of any person deemed, in accordance with sub-paragraph (a), to be ... within the said section 25(2).
(2) In determining whether a woman who has been more than once married and who was not residing with her late husband immediately before his death is entitled to a widowed mother's allowance under section 25 of the Act, her late husband shall, for the purposes of section 25(2)(b) of the Act, be treated as having been entitled to child benefit in respect of any child or qualifying young person in respect of whom—
(a) a previous husband of that woman by a marriage which ended with that husband's death was, immediately before his death, entitled or treated as entitled to child benefit; and
(b) that woman was entitled or treated as entitled to child benefit immediately before the death of her late husband.
(3) For the purposes of paragraph (2)(a) or (b), if the death there referred to occurred before 4th April 1977 the previous husband or, as the case may be, the woman, shall be treated as entitled to child benefit in respect of the child or qualifying young person in question if he or she satisfied the relevant requirement in section 25(2)(c) of the Act as originally enacted.

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Source: https://www.legislation.gov.uk/uksi/1979/642/regulation/16 (the official version)
Page: https://openlegislation.uk/social-security-widows-benefit-and-retirement-pensions-regulations-1979/regulation-16
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.