The Social Security Amendment (Bereavement Benefits) Regulations 2000

Amendment of the Council Tax Benefit Regulations

[F1 5.— (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

F1 Regs. 4, 5 revoked (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 1 (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal Citations

M1 Paragraph 4 was amended by S.I. 1996/1803.