The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

8.—(1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Act of 1970” there shall be inserted—

““the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992(2);

“the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;”;

(b) after the definition of “the Pensions Order” there shall be inserted—

““bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act;”;

(c) after the definition of “unemployability supplement” there shall be inserted—

““widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;”.

(3) In regulation 6(3) (benefit at reduced rates for those who do not satisfy the contribution conditions in full)—

(a) in paragraph (1), after sub-paragraph (a) there shall be inserted—

“(aa) widowed parent’s allowance; or

(ab) bereavement allowance; or”;

(b) in paragraph (2), after sub-paragraph (a) there shall be inserted—

“(aa) widowed parent’s allowance; or”;

(c) in paragraph (4)(b), after “widow’s pension” there shall be inserted “, a bereavement allowance, a widowed parent’s allowance”.

(4) After regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions) there shall be inserted—

“Category B retirement pension for surviving spouses by virtue of deceased spouse’s contributions

7A.— (1) For the purposes of entitlement of any person (“the pensioner”) to a Category B retirement pension under section 48BB(4) of the Contributions and Benefits Act (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B), the pensioner shall be treated as being entitled to a widowed parent’s allowance or a bereavement allowance, as the case may be, if he would have been so entitled but for any one or more of the circumstances specified in paragraph (2).

(2) The circumstances referred to in paragraph (1) are—

(a) the pensioner’s failure to make, or his delay in making, a claim for that widowed parent’s allowance or bereavement allowance;

(b) the operation of section 113(5) of the Contributions and Benefits Act (disqualification and suspension) or section 71(6) of the Administration Act (overlapping benefits) or any regulations made under either of those sections, except for the operation of section 113(1)(a) of the Contributions and Benefits Act (absence from Northern Ireland);

(c) the operation of any provision of the Contributions and Benefits Act or any regulations made under that Act disqualifying the pensioner from receipt of that widowed parent’s allowance or bereavement allowance for any period, except for the operation of the said section 113(1)(a);

(d) the pensioner’s having attained pensionable age;

(e) the pensioner’s having remarried.

(3) Where this regulation applies, the weekly rate of a Category B retirement pension shall—

(a) in the case of a pensioner treated as being entitled to widowed parent’s allowance immediately before attaining pensionable age in consequence of the death of his or her spouse, be that specified in section 48BB(2) of the Contributions and Benefits Act;

(b) in the case of a pensioner treated as being entitled to—

(i) widowed parent’s allowance at any time when over the age of 45 but not immediately before attaining pensionable age, or

(ii) bereavement allowance at any time prior to attaining pensionable age,

be that specified in section 48BB(5) and (6) of the Contributions and Benefits Act, as the case may be.”.

(5) In regulation 8(1) (which specifies who is entitled to a Category A retirement pension by virtue of the substitution of a former spouse’s contribution record) for sub-paragraph (b) there shall be substituted—

“(b) any man or woman widowed on or after attaining pensionable age, his or her former spouse, as the case may be, being under pensionable age when she or he died; and”.

(1)

S.R. 1979 No. 243, relevant amending regulations are S.R. 1990 No. 452

(2)

1992 c. 8

(3)

Regulation 6 was amended by regulation 2 of S.R. 1990 No. 452

(4)

Section 48BB is inserted by Article 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and amended by sections 31 and 35 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000

(5)

Section 113 was amended by paragraph 48 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))

(6)

Section 71 was amended by paragraph 32 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995