The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017

Amendment of the Social Security (Claims and Payments) Regulations 1987 E+W+S

10.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.

(2) In regulation 2 (interpretation)(2)—

(a) in paragraph (1)—

(i) for the definitions of “bereavement allowance” and “bereavement benefit” substitute—

““bereavement benefit” means—

(a)

a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014;

(b)

a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; and

(c)

widowed parent’s allowance;

“bereavement support payment” means bereavement support payment under section 30 of the Pensions Act 2014;”;

(ii) in the definition of “long-term benefits”, omit “bereavement allowance,”; and

(iii) in the definition of “working age benefit”, omit paragraph (a); and

(b) in paragraph (2)(b), after “a shared additional pension” insert “, bereavement support payment”.

(3) In regulation 3(1) (claims not required for entitlement to benefit in certain cases)(3)—

(a) for sub-paragraph (a)(iv), substitute—

“(iv) widowed parent’s allowance;”;

(b) in sub-paragraph (d)(ii), omit “or bereavement allowance”; and

(c) omit sub-paragraph (da).

(4) In regulation 4 (making a claim for benefit)(4)—

(a) in paragraph (6A)(a)(i), for “a bereavement benefit” substitute “widowed parent’s allowance”; and

(b) for paragraph (11)(e), substitute—

“(e) widowed parent’s allowance;

(ea) bereavement support payment;”.

(5) In regulation 4ZC(2) (electronic claims for benefit)(5), after sub-paragraph (b) insert—

“(ba) bereavement support payment;”.

(6) In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate)(6)—

(a) in paragraph (2A), omit “bereavement allowance,”;

(b) in paragraph (3)(c)(i), for “bereavement allowance” substitute “bereavement support payment”; and

(c) in paragraph (4), for “bereavement allowance” substitute “bereavement support payment”.

(7) In regulation 19 (time for claiming benefit)(7)—

(a) for paragraph (3)(ga), substitute—

“(ga) subject to paragraph (3B), widowed parent’s allowance;

(gb) subject to paragraph (3BA), bereavement support payment;”;

(b) omit paragraph (3A);

(c) in paragraph (3B), for “a bereavement benefit” substitute “widowed parent’s allowance”; and

(d) after paragraph (3B), insert—

“(3BA) The prescribed time for claiming bereavement support payment in respect of—

(a) the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment); and

(b) the date on which the claimant’s spouse or civil partner died,

is 12 months beginning with that date of death.”.

(8) In regulation 22A(1) (bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension)(8) and in the heading to regulation 22A, omit “bereavement allowance,”.

(9) Omit—

(a) “bereavement allowance,” in the heading to regulation 22B (payment of bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate)(9);

(b) “bereavement allowance or” in regulation 22B(1); and

(c) regulation 22B(5)(a).

(10) In regulation 32ZA(2) (information given electronically)(10), after sub-paragraph (a) insert—

“(aa) bereavement support payment;”.

(11) In regulation 32B(3) (information relating to awards of benefit)(11), omit sub-paragraphs (b) and (c).

(12) In Part 1 of Schedule 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative)(12)—

(a) in column (1)—

(i) after the entry for “working families’ tax credit”, insert “bereavement benefit”; and

(ii) after that new entry, insert “bereavement support payment”; and

(b) in column (2)—

(i) after the entry for “disabled person’s tax credit”, insert “bereavement support payment”; and

(ii) after that new entry, insert “bereavement benefit”.

(13) In Schedule 7 (time of payment and commencement of entitlement in income support cases)(13), for “bereavement benefit” substitute “widowed parent’s allowance” in the following places—

(a) paragraph 2(c);

(b) paragraph 2ZA; and

(c) paragraph 4 in the definition of “relevant social security benefit”.

(14) In paragraph 2(1) of Schedule 9ZC (conditions for the use of electronic communication)(14), after paragraph (b) insert—

“(ba) bereavement support payment;”.

Commencement Information

I1 Art. 10 in force at 6.4.2017 in accordance with art. 1(2), 2, 3

(1)

S.I. 1987/1968. Those Regulations were revoked by S.I. 2003/492 for the purposes of child benefit and guardian’s allowance.

(2)

The definitions of “bereavement allowance” and “bereavement benefits” were inserted by S.I. 2000/1483. The words “bereavement allowance” were inserted into the definition of “long-term benefits” by S.I. 2000/1483. The definition of “working age benefit” was inserted by S.I. 2009/3229.

(3)

Paragraph (1) of regulation 3 was numbered as paragraph (1) by S.I. 2015/437. Regulation 3(1)(a)(iv) was inserted by S.I. 2000/1483.

(4)

Regulation 4(6A) was inserted by S.I. 2003/1632 and the introductory words of paragraph (6A) were amended by S.I. 2007/2911. Regulation 4(11) was inserted by S.I. 2005/34 and substituted by S.I. 2016/544.

(5)

Regulation 4ZC was inserted by S.I. 2003/2800 and paragraph (2) was substituted by S.I. 2016/544.

(6)

Regulation 16(2A) was inserted by S.I. 2009/604. Regulation 16(3) was substituted by S.I. 1988/522 and sub-paragraph (c) was substituted by S.I. 2009/604. The words “bereavement allowance” were inserted into regulation 16(4) by S.I. 2009/604.

(7)

Regulation 19 was substituted by S.I. 1997/793. Regulation 19(3)(ga) was inserted by S.I. 2000/1483 and substituted by S.I. 2005/777. Paragraph (3A) was inserted by S.I. 2002/2660 and amended by S.I. 2005/777. Paragraph (3B) was inserted by S.I. 2005/777.

(8)

Regulation 22A was inserted by S.I. 2009/604.

(9)

Regulation 22B was inserted by S.I. 2009/604.

(10)

Regulation 32ZA was inserted by S.I. 2003/2800 and paragraph (2) was substituted by S.I. 2001/1498.

(11)

Regulation 32B was inserted by S.I. 2007/2911.

(12)

The entry for “working families’ tax credit” in column (1) was given that label by S.I. 1999/2572 and the entry for “disabled person’s tax credit” in column (2) was given that label by S.I. 1999/2572.

(13)

In paragraphs 2(c) and 4, the words “bereavement benefit” were inserted by S.I. 2000/1483. Paragraph 2ZA was inserted by S.I. 2009/604.

(14)

Schedule 9ZC was inserted by S.I. 2003/2800. Paragraph 2(1) was substituted by S.I. 2016/544.