Incapacity Benefit and Widows and Widowers

Claimants whose husband or wife died after April 5th 1979 but before July 9th 2001 may be subject to the special rules for incapacity benefit. Women who

• were entitled to widowed mothers' allowance at that date and
• are entitled to a reduced-rate widow's pension or don't get a pension because their husband died before they were 45 and
• were incapable of work before their husband died and have been continuously incapable of work since

are entitled to incapacity benefit without having to meet the NI contribution conditions.

Men can qualify for incapacity benefit if they were widowed in the same period and were incapable of work on their wife's death or within 13 weeks of it.

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