[F136 Bereavement payment.E+W+S
(1)A person whose spouse [F2or civil partner] dies on or after the appointed day shall be entitled to a bereavement payment if—
(a)either that person was under pensionable age at the time when the spouse [F2or civil partner] died or the spouse [F2or civil partner] was then not entitled to a Category A retirement pension under section 44 below; and
(b)the spouse [F2or civil partner] satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.
[F3(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 this section “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.]
Textual Amendments
F1S. 36 substituted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 54(1), 89(1); S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I
F2Words in s. 36(1) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 16(2); S.I. 2005/3175, art. 2(1), Sch. 1
F3S. 36(2) substituted (E.W.) (13.3.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) Order 2014 (S.I. 2014/560), art. 1(2), Sch. 1 para. 22(2); and substituted (S.) (16.12.2014) by The Marriage and Civil Partnership (Scotland) Act 2014 and Civil Partnership Act 2004 (Consequential Provisions and Modifications) Order 2014 (S.I. 2014/3229), art. 1(2), Sch. 4 para. 2(2)
Modifications etc. (not altering text)
C1S. 36(1) modified (with effect in accordance with art. 1(3)(a), 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(d), 12(1)