Social Security Contributions and Benefits Act 1992
This section has no associated Explanatory Memorandum
22.—(1) The Social Security Contributions and Benefits Act 1992() is amended as follows.
(2) For section 36(2)() (bereavement payment) substitute—
“(2) A bereavement payment shall not be payable to a person if that person and a person whom that person was not married to, or in a civil partnership with, were living together as a married couple at the time of the spouse’s or civil partner’s death.”.
(3) In section 37(4)() (widowed mother’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
“(b)for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.”.
(4) In section 38(3)() (widow’s pension), after paragraph (b) insert “or” and for paragraphs (c) and (d) substitute—
“(c)for any period during which she and a person whom she is not married to, or in a civil partnership with, are living together as a married couple.”.
(5) In section 39A(5)() (widowed parent’s allowance), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
“(b)for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.”.
(6) In section 39B(5)() (bereavement allowance where no dependent children), after paragraph (a) insert “or” and for paragraphs (b) and (c) substitute—
“(b)for any period during which the surviving spouse or civil partner and a person whom she or he is not married to, or in a civil partnership with, are living together as a married couple.”.
(7) In section 122 (interpretation of Parts 1 to 6 and supplementary provisions), omit subsection (1A)().
(8) In section 137() (interpretation of Part 7 and supplementary provisions)—
(a)in subsection (1), for the definition of “couple” substitute—
““couple” means—
(a)
two people who are married to, or civil partners of, each other and are members of the same household; or
(b)
two people who are not married to, or civil partners of, each other but are living together as a married couple otherwise than in prescribed circumstances;”, and
(b)omit subsection (1A).
(9) In Schedule 7 (industrial injuries benefits)—
(a)in paragraph 4(3)(a)() (increase for beneficiary’s dependent children and qualifying young persons), after sub-paragraph (i) insert “or” and for sub-paragraphs (ii) and (iii) substitute—
“(ii)two people who are not married to, or civil partners of, each other but are living together as a married couple, and”, and
(b)in paragraph 15(3)() (widow’s benefit (entitlement)), for the words from “husband and wife” to the end substitute “a married couple with a person whom she is not married to or in a civil partnership with.”.