The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000

Amendment of the Social Security (Claims and Payments) Regulations 1987

9.—(1) The Social Security (Claims and Payments) Regulations 1987(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 2(1) (definitions)—

(a) at the appropriate places in the alphabetical order, insert—

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

“bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Contributions and Benefits Act;

“Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992;

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

(b) in the definition of “long-term benefits” after “a widow’s pension,”, insert “widowed parent’s allowance, bereavement allowance,”.

(3) In regulation 3 (claims not required for entitlement to benefit in certain cases)—

(a) in paragraph (a) after sub-paragraph (iii), add—

“or

(iv) bereavement benefit under Part II of the Contributions and Benefits Act;”;

(b) in paragraph (d)—

(i) in sub-paragraph (i) after “widowed mother’s allowance”, insert “or widowed parent’s allowance”,

(ii) in sub-paragraph (ii) after “widow’s pension”, insert “or bereavement allowance”.

(4) In regulation 19(3) (which specifies which benefits have to be claimed within the period specified in paragraph (2) of that regulation)(2) after sub-paragraph (g), insert—

“(ga) bereavement benefit;”.

(5) In Schedule 1, Part I (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative)—

(a) in column (1) after “Widow’s benefit”(3), insert “or bereavement benefit”;

(b) in column (2) after “Widow’s benefit”, insert “or bereavement benefit”.

(6) In Schedule 6 (days for payment of long-term benefits)—

(a) in paragraph 5, for sub-paragraph (b), substitute—

“(b) where—

(i) a woman was entitled to a widow’s benefit, or

(ii) a man or a woman was entitled to a bereavement benefit,

immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays;”

(b) in paragraph 6 after “Widowed mother’s allowance” insert, “, widowed parent’s allowance, bereavement allowance”.

(7) In Schedule 7 (manner and time of payment, effective date of change of circumstances and commencement of entitlement in income support cases)—

(a) in paragraph 2(c) after “widow’s benefit”, insert “or bereavement benefit”;

(b) in paragraph 4 in the definition of “relevant social security benefit”(4) after “retirement pension”, insert “, bereavement benefit”.

(1)

S.I. 1987/1968; the relevant amending instruments are S.I. 1990/2208 and 1997/793.

(2)

Regulation 19 was substituted by regulations 1(1)(c), 6 and 20(1) of S.I. 1997/793.

(3)

The entry for “widow’s benefit” was added by regulation 14 of S.I. 1990/2208.

(4)

The definition of “relevant social security benefit” was amended by regulation 14(4) of S.I. 1994/2943 and regulation 2(24)(b) of S.I. 1996/1460.