(1) Subject to subsections (2) and (3), a person in receipt of or entitled to widow's (contributory) pension, widower's (contributory) pension, surviving civil partner's (contributory) pension or State pension (contributory) or a person in respect of whom an increase of State pension (contributory) is payable by virtue of section 112(1) shall be disqualified for receipt of State pension (non-contributory).

(2) Notwithstanding subsection (1), a person may be paid State pension (non-contributory) for any period during which the rate of pension payable would be greater than the rate of widow's (contributory) pension, widower's (contributory) pension, surviving civil partner's (contributory) pension, State pension (contributory) or the increase thereof, as the case may be, payable.

(3) Notwithstanding subsection (1), in any case where State pension (non-contributory) is so paid, entitlement to widow's (contributory) pension, widower's (contributory) pension, surviving civil partner's (contributory) pension, State pension (contributory) or the increase thereof, as the case may be, shall continue but the amount of any such pension or increase payable during any such period shall not be paid to or in respect of the person.