2017 No. 410
The Bereavement Support Payment Regulations 2017
Made
Coming into force in accordance with regulation 1(2)
The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 30(1)(c), (2), (3), (4)(a) and (7), 32(1) and (3) and 54(5) and (6) of the Pensions Act 20141.
These Regulations have not been referred to the Social Security Advisory Committee because they are made before the end of the period of six months beginning with the coming into force of the provisions of the Pensions Act 2014 under which they are made2.
A draft of these Regulations has been laid before Parliament in accordance with section 54(2)(a) of the Pensions Act 2014 and approved by a resolution of each House of Parliament.
Citation and commencement1
1
These Regulations may be cited as the Bereavement Support Payment Regulations 2017.
2
These Regulations come into force on the day on which section 30 of the Pensions Act 2014 (bereavement support payment) comes into force for all purposes.
Period for which bereavement support payment is payable2
1
The period for which bereavement support payment is payable F3is determined—
a
in the case mentioned in paragraph (4), in accordance with paragraphs (5) and (6);
b
in the case mentioned in paragraph (7), in accordance with paragraphs (8) and (9); and
c
in any other case, in accordance with paragraphs (2) and (3).
2
The period starts—
a
on the date the person’s F5spouse, civil partner or cohabiting partner died, where the person claims the payment three months or less after that date; or
b
at the beginning of the period of three months preceding the date the person claims the payment, where the person claims the payment—
i
more than three months after the date the person’s F5spouse, civil partner or cohabiting partner died; and
ii
no more than three months after the date the period finishes under paragraph (3).
3
The period finishes at the end of the period of 18 months beginning with the day after the date the person’s F10spouse, civil partner or cohabiting partner died.
F84
Paragraphs (5) and (6) apply where the person is entitled to bereavement support payment—
a
as a result of the amendments made by the 2023 Remedial Order, and
b
as a result of the death of their cohabiting partner occurring on or after 30th August 2018 and before the RO commencement day.
5
The period starts—
a
with the RO commencement day, where the person claims the payment 12 months or less after that date; or
b
at the beginning of the period of three months preceding the date the person claims the payment, where the person claims the payment—
i
more than 12 months after the RO commencement day; and
ii
no more than three months after the date the period finishes under paragraph (6).
6
The period finishes at the end of the period of 18 months beginning with the RO commencement day.
7
Paragraphs (8) and (9) apply where the person is entitled to bereavement support payment—
a
as a result of the amendments made by the 2023 Remedial Order, and
b
as a result of the death of their cohabiting partner occurring on or after 6th April 2017 and before 30th August 2018.
8
The period starts with the RO commencement day.
9
The period finishes—
a
at the end of the period of W months beginning with the RO commencement day, where the person claims the payment 12 months or less after the RO commencement day; and
b
at the end of—
i
the period described in sub-paragraph (a); or
ii
if shorter, the period of X months beginning with the RO commencement day,
where the person claims the payment more than 12 months after but no more than 21 months after the RO commencement day.
10
For the purposes of paragraph (9)—
“W months” means the number of months which is 18 less Y;
“X months” means the number of months which is 21 less Z.
11
For the purposes of paragraph (10)—
“Y” is the number of monthly recurrences of the day of the month on which the person’s cohabiting partner died which occur during the period beginning with the day after the date of the cohabiting partner’s death and ending with 29th August 2018;
“Z” is the number of monthly recurrences of the day of the month on which the RO commencement day occurs during the period beginning with the day after the RO commencement day and ending with the date on which the person claims the payment.
12
In paragraph (11)—
a
for the purposes of the definition of “Y”—
i
paragraph (7) of regulation 3 applies as if the words “for the purposes of paragraphs (1) and (4)” were omitted, and
ii
paragraph (8) of regulation 3 applies as if the words “for those purposes” were omitted;
b
for the purposes of the definition of “Z”—
i
where the 2023 Remedial Order comes into force on the 31st day of a month, the monthly recurrence of the RO commencement day is to be treated as falling on the last day of the month;
ii
where the 2023 Remedial Order comes into force on the 29th or 30th day of a month, the monthly recurrence of the RO commencement day in February is to be treated as falling on the last day of February.
13
In paragraphs (4) to (12)—
“the 2023 Remedial Order” means the Bereavement Benefits (Remedial) Order 2023; and
“the RO commencement day” means the day on which the 2023 Remedial Order comes into force.
Rate of bereavement support payment3
C11
The higher rate of bereavement support payment is £350 for each monthly recurrence of the day of the month on which the person’s F4spouse, civil partner or cohabiting partner died during the period for which bereavement support payment is payable (see regulation 2).
C2F92
Where the person claims bereavement support payment 12 months or less after—
a
the date their spouse or civil partner died;
b
in the case of a claim in respect of their cohabiting partner who died on or after 30th August 2018 and before the RO commencement day, the RO commencement day;
c
in the case of a claim in respect of their cohabiting partner who died on or after the RO commencement day, the date their cohabiting partner died,
the higher rate of bereavement support payment is £3,500 for the first month of the period for which bereavement support payment is payable.
3
Any higher rate mentioned in paragraph (2) is in addition to any higher rate mentioned in paragraph (1).
C34
The standard rate of bereavement support payment is £100 for each monthly recurrence of the day of the month on which the person’s spouse or civil partner died during the period for which bereavement support payment is payable.
C45
Where the person claims bereavement support payment 12 months or less after the date their spouse or civil partner died, the standard rate of bereavement support payment is £2,500 for the first month of the period for which bereavement support payment is payable.
6
Any standard rate mentioned in paragraph (5) is in addition to any standard rate mentioned in paragraph (4).
7
Where a person’s spouse or civil partner died on the 31st day of a month, the monthly recurrence of the day of death is to be treated for the purposes of paragraphs (1) and (4) as falling on the last day of the month F7(the same applies where a cohabiting partner dies for the purposes of paragraph (1)).
8
Where a person’s F2spouse, civil partner or cohabiting partner died on the 29th or 30th day of a month, the monthly recurrence of the day of death in February is to be treated for those purposes as falling on the last day of February.
F69
In this regulation, “the RO commencement day” has the meaning given in regulation 2(13).
Persons entitled to the higher rate of bereavement support payment4
1
A person falling within any of paragraphs (2) to (4) is entitled to the higher rate of bereavement support payment under regulation 3(1) to (3).
2
A person who was pregnant when their F11spouse, civil partner or cohabiting partner died.
3
4
A person who, after their F11spouse, civil partner or cohabiting partner died, becomes entitled to child benefit under section 141 of that Act for a child or qualifying young person who was residing with the person or their deceased F11spouse, civil partner or cohabiting partner immediately before the F11spouse, civil partner or cohabiting partner died.
5
Paragraph (4) applies to a person whether or not they later cease to be entitled to child benefit for that child or qualifying young person.
6
In this regulation, “child” and “qualifying young person” have the same meaning as in section 142 of the Social Security Contributions and Benefits Act 1992 (definitions of “child” and “qualifying young person”)4.
Persons entitled to the standard rate of bereavement support payment5
A person is entitled to the standard rate of bereavement support payment under regulation 3(4) to (6) if they are not entitled to the higher rate of bereavement support payment.
Prisoners who are not to be paid bereavement support payment6
1
Subject to regulation 7, a person is not to be paid bereavement support payment for any period during which the person is a prisoner5.
2
Except where paragraph (3) applies, a person is a prisoner for the purposes of paragraph (1) where the person is—
a
a prisoner in Great Britain or elsewhere who is imprisoned or detained in legal custody in connection with, or as a result of, criminal proceedings;
b
a prisoner in Great Britain or elsewhere who is unlawfully at large;
c
a prisoner in Great Britain who is being detained—
i
under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc)6; and
ii
on or before the day which the Secretary of State certifies to be the person’s release date (if any) within the meaning in section 50(3) of that Act (further provisions as to prisoners under sentence)7;
d
a prisoner in Great Britain who is being detained under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder)8.
3
Where a person outside Great Britain is a prisoner within paragraph (2)(a) or (b) and, in similar circumstances in Great Britain, the person would not have been a prisoner, the person is not a prisoner within paragraph (2)(a) or (b).
Paying bereavement support payment to persons who are remanded in custody7
1
Where a person is remanded in custody for an offence, regulation 6(1) does not apply unless a sentence described in paragraph (2) is later imposed on the person for the offence.
2
Subject to paragraph (3), the sentences described for the purposes of paragraph (1) are—
a
a sentence of imprisonment or detention in legal custody as a result of criminal proceedings;
b
a sentence of detention where the provisions mentioned in regulation 6(2)(c)(i) or (d) apply;
3
A sentence described in paragraph (2)(a) which is imposed outside Great Britain is not a sentence described for the purposes of paragraph (1) if, in similar circumstances in Great Britain, a sentence described in paragraph (2)(a) would not have been imposed.
Territory in which a person may be entitled to bereavement support payment8
For the purposes of section 30(1)(c) of the Pensions Act 2014 (bereavement support payment), the territory specified is any part of the Channel Islands which is not subject to an Order made under section 179 of the Social Security Administration Act 1992 (reciprocal agreements with countries outside the United Kingdom)10.
Signed by authority of the Secretary of State for Work and Pensions.
(This note is not part of the Regulations)