The Bereavement Benefits (Remedial) Order 2022

Amendment of the Employment and Support Allowance Regulations 2008

11.  In Schedule 9 to the Employment and Support Allowance Regulations 2008 (capital to be disregarded)(1)—

(a) after paragraph 11 insert—

“11A.   Any payment of a widowed parent’s allowance made pursuant to section 39A of the Contributions and Benefits Act (widowed parent’s allowance)—

(a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Contributions and Benefits Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2022 comes into force, and

(b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

but only for a period of 52 weeks from the date of receipt of the payment.”;

(b) in paragraph 60—

(i) the existing text becomes sub-paragraph (1);

(ii) after that sub-paragraph insert—

“(2) Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2022 comes into force, any amount of that payment which is—

(a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and

(b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,

but only for a period of 52 weeks from the date of receipt of the payment.”.

(1)

S.I. 2008/794, which is amended by S.I. 2017/422.