Section 4: Widow’s basic pension
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Widow’s basic pension
(1) Subject to subsection (2) and section 10, a person who is a widow
shall be qualified to receive a widow’s basic pension as long as—
(a) she is under the age of 60; and
(b) she has not contracted a subsequent civil or religious marriage.
N21 – 7 [Issue 9]
National Pensions Act
(1A) Subject to subsections (1B) and (2) and section 10, a person whose
spouse has disappeared in the circumstances set out in Articles 133 to 135
of the Code Civil Mauricien or in circumstances which may give rise to a declaration of absence under Article 122 of the Code Civil Mauricien, shall be
qualified to receive a widow’s basic pension as long as—
(a) she is under the age of 60;
(b) she does not contract a subsequent civil or religious marriage; and
(c) the spouse remains untraceable.
(1B) In the case of a person referred to in subsection (1A), that person
shall become eligible to the pension after the expiry of 3 months from the
date on which the case of disappearance or missing person, as the case may
be, was reported to the police.
(2) No widow’s basic pension shall be payable unless the National Pensions
Officer is satisfied, by documentary evidence or otherwise, that the partners
had contracted a civil or religious marriage.
[S. 4 amended by s. 12 (b) of Act 37 of 2011 w.e.f. 15 December 2011; s. 17 (b) of
Act 26 of 2012 w.e.f. 22 December 2012.]
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Questions this section answers
- Can I get a widow's basic pension if I remarry?
- Can I get a widow's basic pension if my husband has disappeared rather than died?