SCHEDULECapital disregards for lump sum payments of bereavement benefits
Amendment of the Employment and Support Allowance Regulations 200811
In Schedule 9 to the Employment and Support Allowance Regulations 2008 (capital to be disregarded)35—
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 2023 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 2023 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.