SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975

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SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 17



17.(1) This Article applies to a woman who

(a)ceases to be entitled to a widow's allowance without becoming entitled to a
widowed mother's allowance or ceases to be entitled to a widowed mother's
allowance; and

(b)when she so ceases is incapable of work; and

(c)either

(i)would have been entitled to a widow's pension if she had been over the age
of 40 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 26(2) of the
principal Act.

(2) Subject to paragraph (5), a woman to whom this Article applies shall be
entitled to an invalidity pension under this Article for any day of incapacity
for work which

(a)falls in a period of interruption of employment that began before the time
when she ceased to be entitled as mentioned in paragraph (1)(a); 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 Article shall be payable at

(a)the weekly rate that would apply if the pension were payable under
section 15 of the principal Act; or

(b)the weekly rate specified in paragraph (4),

(4) The weekly rate mentioned in paragraph (3)(b) 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 50 when her husband died; and

(b)if she is entitled to a widow's pension with a reduction under the said
section 26(2), a weekly rate equal to the difference between the weekly rate
of that pension and what it would have been without the reduction.

(5) A woman shall not be entitled to an invalidity pension under this Article
if she is over pensionable age and has retired from regular employment; but if
she retires from regular employment, having attained pensionable age, and the
period of interruption of employment mentioned in sub-paragraph (2)(a) 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 sub-paragraph (a) or otherwise) shall be
determined in [the prescribed manner].

(6) No invalidity pension shall be payable under section 15 of the principal
Act for any day of incapacity for which an invalidity pension is payable under
this Article.

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Northern Irish Legislation

SOCIAL SECURITY PENSIONS (NORTHERN IRELAND) ORDER 1975 - SECT 17