The Social Security (Claims and Payments) Amendment (No. 2) Regulations 2005

Amendment of regulation 19 of the Claims and Payments Regulations

2.  In regulation 19 of the Claims and Payments Regulations(1) (time for claiming benefit)—

(a) in paragraph (3)—

(i) for sub-paragraph (ga)(2) substitute—

“(ga) subject to paragraphs (3A) and (3B), bereavement benefit;”, and

(ii) in sub-paragraph (h) (increases in respect of a child or adult dependant) omit “except in a case to which section 3(3) of the Social Security Administration Act 1992 applies (late claims for widowhood benefits where death is difficult to establish)”,

(b) in paragraph (3A)(3), after “bereavement payment” insert “within the meaning of section 36 of the Contributions and Benefits Act”, and

(c) after paragraph (3A) insert—

“(3B) The time prescribed for claiming a bereavement benefit in respect of the day on which the claimant’s spouse has died or may be presumed to have died where—

(a) less than 12 months have elapsed since the day of the death; and

(b) the circumstances are as specified in section 3(1)(b) of the Social Security Administration Act 1992(4) (death is difficult to establish),

is that day and the period of 12 months immediately following that day if the other conditions of entitlement are satisfied.”.

(1)

Regulations 19 was substituted by S.I. 1997/793.

(2)

Sub-paragraph (ga) was inserted by S.I. 2000/1483 and amended by S.I. 2002/2660.

(3)

Paragraph (3A) was inserted by S.I. 2002/2660.

(4)

Section 3 was substituted by the Welfare Reform and Pensions Act 1999 (c. 30), Schedule 8, paragraphs 15 and 17.