The Social Security (Child Benefit Consequential) Regulations 1977

Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974

4.  In the Social Security (Widow's Benefit and Retirement Pensions) Regulations 1974, as amended(1), after regulation 13 there shall be inserted the following regulation:—

“Provision in relation to entitlement to child benefit for the purposes of a widowed mother's allowance

13A.— (1) For the purpose of determining whether a woman who has been widowed satisfies the requirements of section 25(1)(a) of the Social Security Act 1975 (requirements relating to entitlement to a widowed mother's allowance under section 25) but for that purpose only—

(a) any person under the age of 19 residing with the widow shall be deemed to be a child falling within section 25(2) of the said Act if the requirement in section 25(2)(a) thereof is satisfied in his case, or if the requirement in section 25(2)(b) or (c) thereof is so satisfied, or could have been so satisfied had he, immediately before the death of the widow's late husband, been under the age of 16 or not absent from Great Britain; and

(b) a widow shall be treated as entitled to child benefit in respect of any person deemed in accordance with sub-paragraph (a) of this paragraph to be a child falling within the said section 25(2).”

(2) In determining whether a woman who has been more than once married and who was not residing with her late husband immediately before his death is entitled to a widowed mother's allowance under section 25 of the Social Security Act 1975, her late husband shall, for the purposes of section 25(2)(b) of that Act, be treated as having been entitled to child benefit in respect of any child in respect of whom—

(a) a previous husband of that woman by a marriage which ended with that husband's death was, immediately before his death, entitled or treated as entitled to child benefit; and

(b) that woman was entitled or treated as entitled to child benefit immediately before the death of her late husband.

(3) For the purposes of sub-paragraph (a) or (b) of paragraph (2), if the death there referred to occurred before 4th April 1977 the previous husband or, as the case may be, the woman, shall be treated as entitled to child benefit in respect of the child in question if he or she satisfied the relevant requirement in section 25(2)(c) of the Social Security Act 1975 as originally enacted.”

(1)

There is no amendment relevant to the subject matter of these regulations.