Rates of widow’s, widower’s and child’s pension

(1) Subject to Regulations 31 to 34, the rate of widow’s or widower’s pension and of child’s pension shall be a proportion of the maximum available benefit and such proportion shall be equal to – (a) two–thirds, in the case of a widow or widower; (b) two–fifths, in the case of child who at the date of death of the relevant person was permanently incapable of self–support; (c) one–fourth, in the case of any other child. (2) Where the total rate or amount of benefit payable in respect of all beneficiaries in accordance with paragraph (1) exceeds the maximum available survivor’s benefit, the share of each beneficiary shall be reduced proportionately. Social Security 83 (3) Subject to the provisions of paragraph (2), where no widow or widower is entitled to benefit the maximum available survivors’ benefit shall be payable to or in respect of the children of the deceased: Provided that the rate of pension payable in respect of each child shall not exceed the proportion of the maximum available survivors’ benefit set out in paragraph (1).