8C.—(1) This regulation applies for the purpose only of enabling a person who previously received a bereavement benefit (“the recipient”) to satisfy, as the case may be, the condition referred to in—
(a)paragraph 2(3)(b) of Schedule 3 to the Contributions and Benefits Act in relation to short-term incapacity benefit; F2...
(b)section 2(1)(b) of the Jobseekers Act 1995 in relation to contribution-based jobseeker’s allowance[F3; or]
[F3(c)paragraph 2(1) of Schedule 1 to the Welfare Reform Act in relation to a contributory employment and support allowance.]
(2) For every year up to and including that in which the recipient ceased to be entitled to a bereavement benefit otherwise than by reason of remarriage[F4, forming a civil partnership,] or living together with [F5another person [F6as if they were a married couple or civil partners]], the recipient shall be credited with such earnings as may be required to enable the condition referred to above to be satisfied.]
[F7(3) In this regulation, “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payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014;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allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; and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.]
Textual Amendments
F1Reg. 8C inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 3(7)
F2Word in reg. 8C(1)(a) omitted (27.10.2008) by virtue of The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 48(7)(a)
F3Reg. 8C(1)(c) added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 48(7)(b)
F4Words in reg. 8C(2) inserted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 4(4) (with art. 3)
F5Words in reg. 8C(2) substituted (10.12.2014 for E.W, 16.12.2014 for S) by The Marriage (Same Sex Couples) Act 2013 and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3061), art. 1(2)(3), Sch. 1 para. 4(2)
F6Words in reg. 8C(2) substituted (2.12.2019) by The Civil Partnership (Opposite-sex Couples) Regulations 2019 (S.I. 2019/1458), reg. 1(2), Sch. 3 para. 37(2)
F7Reg. 8C(3) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 4(7)