The Social Security (Bereavement Benefits Amendment) Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Income Support (General) Regulations (Northern Ireland) 1987, the Jobseeker’s Allowance Regulations (Northern Ireland) 1996 and the Housing Benefit (General) Regulations (Northern Ireland) 1987.

In particular, they provide that—

• certain persons aged between 55 and 60 whose spouse has died may be entitled to income support (regulation 2(2));

• subject to certain conditions, an additional premium is payable in those benefits to such persons where a person’s entitlement to a bereavement allowance has expired, the premium only being payable until 9th April 2006 (regulations 2(3), 3(2) and 4(2));

• certain amounts of a widowed mother’s allowance and widowed parent’s allowance are disregarded for the purpose of ascertaining entitlement to those benefits (regulations 2(4), 3(3) and 4(3)(a)).

Regulation 4(3)(b) makes a consequential amendment.

Regulation 5 provides for the provisions of these Regulations (apart from those relating to the disregard of widowed mother’s allowance and widowed parent’s allowance) to cease to have effect on 10th April 2006. By this date, all those entitled to income support by virtue of the amendment made by regulation 2(2), will be eligible to claim that benefit because they have attained the age of 60 when the premium payable under regulations 2(3), 3(2) and 4(2) will be replaced by a pensioner premium of a higher value.

In so far as these Regulations are required, for the purposes of regulation 4 and regulation 5, in so far as it relates to regulation 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Social Security Administration (Northern Ireland) Act 1992, (“the 1992 Act”), after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the 1992 Act, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.