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Social Security Contributions and Benefits (Northern Ireland) Act 1992

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Social Security Contributions and Benefits (Northern Ireland) Act 1992, Section 141A is up to date with all changes known to be in force on or before 13 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1141A Entitlement after death of child [F2or qualifying young person] N.I.

(1)If a child [F3or qualifying young person] dies and a person is entitled to child benefit in respect of him for the week in which his death occurs, that person shall be entitled to child benefit in respect of the child [F4or qualifying young person] for a prescribed period following that week.

(2)If the person entitled to child benefit under subsection (1) dies before the end of that prescribed period and, at the time of his death, was—

(a)a member of a married couple [F5or civil partnership] and living with the person to whom he was married [F5or who was his civil partner], or

(b)a member of an unmarried couple [F6or a cohabiting same-sex couple],

that other member of the [F7couple or partnership] shall be entitled to child benefit for the period for which the dead person would have been entitled to child benefit under subsection (1) above but for his death.

(3)If a child dies before the end of the week in which he is born, subsections (1) and (2) apply in his case as if references to the person entitled to child benefit in respect of a child for the week in which his death occurs were to the person who would have been so entitled if the child had been alive at the beginning of that week (and if any conditions which were satisfied, and any facts which existed, at the time of his death were satisfied or existed then).

(4)Where a person is entitled to child benefit in respect of a child [F8or qualifying young person] under this section, section 77 applies with the omission of subsections (4) to (6).

(5)In this section—

  • [F9civil partnership” means two people of the same sex who are civil partners of each other and are neither—

    (a)

    separated under a court order, nor

    (b)

    separated in circumstances in which the separation is likely to be permanent,]

  • [F9cohabiting same-sex couple” means two people of the same sex who are not civil partners of each other but are living together as if they were civil partners,]

  • married couple” means a man and a woman who are married to each other and are neither—

    (a)

    separated under a court order, nor

    (b)

    separated in circumstances in which the separation is likely to be permanent, and

  • unmarried couple” means a man and a woman who are not a married couple but are living together as husband and wife.

[F10(6)For the purposes of this section, two people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead two people of the opposite sex.]]

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