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Paragraph 13

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The widower of a woman who—

(a)

died during the period beginning on 6th April 1988 and ending with 31st March 1989 without having made an election under paragraph 10, and

(b)

either was in pensionable employment when she died or had ceased during that period to be in such employment,

may make a corresponding election under this paragraph.

(2)

A married woman who—

(a)

ceased to be in pensionable employment during the period mentioned in sub-paragraph (1), and

(b)

on ceasing to be in such employment did not immediately become entitled to payment of retirement benefits,

may make a corresponding election under this paragraph if the conditions in sub-paragraph (3) are satisfied.

(3)

The conditions referred to in sub-paragraph (2) are that—

(a)

the woman did not again enter pensionable employment, and

(b)

she has become entitled to payment of retirement benefits.

(4)

Where a woman to whom sub-paragraphs (2) and (3) would otherwise have applied dies before becoming entitled to payment of retirement benefits, her widower may make a corresponding election under this paragraph.

(5)

An election under this paragraph—

(a)

must be made by giving written notice to the Secretary of State within the appropriate period,

(b)

must specify the period in respect of which it is made, and

(c)

is to be treated as an election to make payment by Method B.

(6)

The appropriate period referred to in sub-paragraph (5)(a) is—

(a)

where sub-paragraph (1) applies, the period beginning on 1st October 1988 and ending with 31st March 1989,

(b)

where sub-paragraphs (2) and (3) apply, 6 months from the date on which the woman became entitled to payment of retirement benefits, and

(c)

where sub-paragraph (4) applies, 3 months from the date of her death.