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The Social Security Amendment (Bereavement Benefits) Regulations 2000

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There are currently no known outstanding effects for the The Social Security Amendment (Bereavement Benefits) Regulations 2000, Section 5. Help about Changes to Legislation

Amendment of the Council Tax Benefit Regulations

[F15.(1) The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 1 (applicable amounts)—

(a)in paragraph 4 M1, for the words “paragraphs 9" there shall be substituted the words “ paragraphs 8A ”;

(b)after paragraph 7 there shall be inserted the following paragraph—

Bereavement Premium

8A.(1) Subject to sub-paragraphs (2) and (3), the condition is that the claimant—

(a)had, as at 9th April 2001, attained the age of 55 but not the age of 60;

(b)was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Contributions and Benefits Act 1992 in respect of the death of a spouse who died on or after 9th April 2001; and

(c)is claiming council tax benefit as a single claimant.

(2) A premium under sub-paragraph (1) shall, except in a case to which sub-paragraph (4) applies, not be applicable in respect of a claimant who claims council tax benefit more than 8 weeks after the last day on which he was entitled to a bereavement allowance.

(3) Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to council tax benefit or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims council tax benefit as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to council tax benefit or, as the case may be, to be a single claimant.

(4) Where a premium under sub-paragraph (1) becomes applicable to a claimant, it shall again be applicable to that claimant where he claims council tax benefit as a single claimant at the end of the benefit period in which it first became applicable and at the end of each subsequent benefit period provided, where he ceases to be a single claimant during the course of any benefit period, he does not cease to be a single claimant for more than 8 weeks.

(5) For the purposes of this paragraph, where the claimant—

(a)was entitled to housing benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to council tax benefit; and

(b)satisfied the conditions in respect of a bereavement premium under paragraph 8A of Schedule 2 to the Housing Benefit (General) Regulations 1987,

for the purpose of establishing entitlement or re-entitlement for council tax benefit, he shall be treated as satisfying the equivalent conditions for a bereavement premium under this paragraph.;

(c)immediately before sub-paragraph (2) in the table in paragraph 19 there shall be inserted the following sub-paragraph respectively in each column—

(1A)Bereavement Premium.

(1A)£15.30..

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)after paragraph 14, there shall be inserted the following paragraph—

14A.  Subject to paragraph 34, £15 of any—

(a)widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act 1992;

(b)widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act 1992.;

(b)in paragraph 34, for the words “and 14" there shall be substituted the words “ , 14 and 14A ”.]

Textual Amendments

Marginal Citations

M1Paragraph 4 was amended by S.I. 1996/1803.

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