Social Security Administration (Northern Ireland) Act 1992

[F1 3 Late claims for bereavement benefit where death is difficult to establish. N.I.

(1) This section applies where a person’s spouse [F2 or civil partner] has died or maybe presumed to have died on or after the appointed day and the circumstances are such that—

(a) more than 12 months have elapsed since the date of death; and

(b) either—

(i) the spouse’s [F3 or civil partner's] body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse [F2 or civil partner] does not know that fact; or

(ii) less than 12 months have elapsed since the surviving spouse [F2 or civil partner] first knew of the discovery and identification of the body.

(2) Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then—

(a) in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under Article 9 of the Social Security (Northern Ireland) Order 1998 that the spouse [F2 or civil partner] has died or is presumed to have died; or

(b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse [F2 or civil partner] first knew of the discovery and identification of the body,

such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse [F2 or civil partner] first knew of the discovery and identification.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1) above “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.]

[F5 (5) In subsection (2) “bereavement benefit” means—

(a) bereavement support payment, or

(b) widowed parent's allowance.]

Textual Amendments

F1 S. 3 and preceding cross-heading substituted (24.4.2000 for certain purposes, otherwise 9.4.2001) by S.I. 1999/3147 (N.I. 11), art. 67, Sch. 8 para. 16 (with art. 75); S.R. 2000/133, art. 2(3)(a), Sch. Pt. I

F2 Words in s. 3 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 108(a); S.I. 2005/3255, art. 2(1), Sch.

F3 Words in s. 3 inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 108(b); S.I. 2005/3255, art. 2(1), Sch.

F4 S. 3(3) repealed (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 23(2); S.R. 2017/44, art. 2(2) (with arts. 3, 4)

F5 S. 3(5) inserted (6.4.2017) by Pensions Act (Northern Ireland) 2015 (c. 5), s. 53(1), Sch. 16 para. 23(3); S.R. 2017/44, art. 2(2) (with arts. 3, 4)