Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000
| Jurisdiction | UK Non-devolved |
| Citation | SI 2000/1483 |
2000 No. 1483
SOCIAL SECURITY
The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000
Made 5th June 2000
Laid before Parliament 12th June 2000
Coming into force 9th April 2001
The Secretary of State for Social Security, in exercise of powers conferred by sections 22(5)1, 48B(5)2, 54(1) and (2)3, 604, 81, 122(1)5, 144(1), 145 and 175(1) to (3)6of the Social Security Contributions and Benefits Act 19927and sections 1(1), 5(1)(i) and (k), 718, 739, 7410and 189(1) and (3)11of the Social Security Administration Act 199212and of all other powers enabling him in that behalf, by this instrument, which contains only regulations consequential upon sections 54 to 56 of the Welfare Reform and Pensions Act 199913, makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 and shall come into force on 9th April 2001.
Amendment of the Social Security (Hospital In-Patients) Regulations 1975
2.—(1) The Social Security (Hospital In-Patients) Regulations 197514shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (definitions) at the appropriate places in the alphabetical order, insert—
““bereavement allowance” means an allowance referred to in section 39B of the Social Security Contributions and Benefits Act 199215; “widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 199216;”.
(3) In Schedule 2 (personal benefits)17after “Widower’s pension under section 69 of the Act”, add—
“Bereavement allowance
Widowed parent’s allowance”.
Amendment of the Social Security (Credits) Regulations 1975
3.—(1) The Social Security (Credits) Regulations 197518shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (definitions) at the appropriate places in the alphabetical order, insert—
““bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act;
“bereavement benefit” means a benefit referred to in section 20(1)(ea)19of the Contributions and Benefits Act;
“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;”.
(3) In regulaton 3(1)(a) (which provides that contributions or earnings shall be credited only for the purpose of satisfying the second contribution condition in relation to certain benefits)20after “widowed mother’s allowance,”, insert “widowed parent’s allowance, bereavement allowance,”.
(4) In regulation 4 in the heading and in paragraph (1) (which provides for the crediting of Class 3 contributions for the purpose of entitlement to certain benefits)21after “widowed mother’s allowance”, insert “, a widowed parent’s allowance, a bereavement allowance”.
(5) In regulation 7A(1) (credits for invalid care allowance)22after—
(a)
(a) “widow”, insert “or widower”;
(b)
(b) “widow’s benefit”, insert “, bereavement benefit”.
(6) In regulation 7C(1) (which provides for the crediting of earnings equal to the prevailing weekly lower earnings limit in certain cases where working families' tax credit is being paid)23after “a widowed mother’s allowance”, insert “, a widowed parent’s allowance, a bereavement allowance”.
(7) After regulation 8B (credits for incapacity for work)24, insert—
“Credits on termination of bereavement benefits
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)
(a) paragraph 2(3)(b) of Schedule 3 to the Contributions and Benefits Act in relation to short-term incapacity benefit; or
(b)
(b) section 2(1)(b) of the Jobseekers Act 1995 in relation to contribution-based jobseeker’s 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 or living together with a person of the opposite sex as husband and wife, the recipient shall be credited with such earnings as may be required to enable the condition referred to above to be satisfied.”.
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976
4.—(1) The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 197625shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 1(2) (definitions) at the appropriate place in the alphabetical order, insert—
““widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992;”.
(3) In regulation 2(5)(a)(ii) (which concerns “specified benefits” qualifying for the weekly rate of child benefit) after “widowed mother’s allowance” where those words first occur, insert “, widowed parent’s allowance”.
Amendment of the Social Security (Dependency) Regulations 1977
5.—(1) The Social Security Benefit (Dependency) Regulations 197726shall be amended in accordance with the following paragraph of this regulation.
(2) For regulation 4B (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled)27, substitute—
“Circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled
4B.—(1) For the purposes of—
(a)
(a) section 56 (child’s special allowance);
(b)
(b) section 77 (guardian’s allowance);
(c)
(c) section 80 (increase in benefit for beneficiary’s dependent children)28;
(d)
(d) section 82(4) (short-term benefits—increase for adult dependents);
(e)
(e) section 85(2) (pension increase (person with care of children));
(f)
(f) section 90 (increase in benefits for beneficiaries under sections 68 and 70),
of the Contributions and Benefits Act, and
(g)
(g) paragraphs 4(1) (unemployability supplement: increase for beneficiary’s dependent children) and 6(1) (unemployability supplement: increase for dependent adults) of Schedule 7 to,
that Act, a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for the periods referred to in paragraph (2) below.
(2) The periods referred to in paragraph (1) above are—
(a)
(a) any period throughout which—
(i) the person referred to in that paragraph, not being a parent of the child, does not fall to be treated as responsible for the child under section 143(1)(a) of the Contributions and Benefits Act, and
(ii) a parent of that child falls to be treated as responsible for the child under the said section 143(1)(a); or
(b)
(b) any period throughout which—
(i) that person, not being a parent of that child, falls to be treated as responsible for the child under section 143(1)(a) of the Contributions and Benefits Act, and
(ii) a parent of that child also falls to be treated as responsible for the child under the said section 143(1)(a); or
(c)
(c) any day following the day on which that child died.
(3) Sub-paragraph (b) of paragraph (2) shall not apply in the case of a person who is wholly or mainly maintaining the child referred to in that sub-paragraph.
(4) For the purposes of—
(a)
(a) section 37(1) (entitlement to a widowed mother’s allowance);
(b)
(b) section 39A(2) (entitlement to a widowed parent’s allowance);
(c)
(c) section 56(1)(b);
(d)
(d) section 77(1);
(e)
(e) section 80;
(f)
(f) section 82(4);
(g)
(g) section 85(2);
(h)
(h) section 90;
of the Contributions and Benefits Act, and
(i)
(i) paragraphs 4(1), 6(1) and 18(1)(a)(ii) of Schedule 7 (industrial death benefit: child of deceased’s family) to,
that Act, a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for any period for which that benefit is not payable by virtue of any of the provisions referred to in paragraph (5) below.
(5) The provisions referred to in paragraph (4) above are—
(a)
(a) regulation 7 (circumstances in which a person who has ceased to receive full-time education is to continue to be treated as a child);
(b)
(b) regulation 7A (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education);
(c)
(c) regulation 7B (child receiving training under the youth training scheme); or
(d)
(d) regulation 7C (child receiving income support),
of the Child Benefit (General) Regulations 197629 or any provision contained in regulations made under section 144(1) of the Contributions and Benefits Act in so far as those regulations provide that child benefit is not to be payable by virtue of section 142(1)(b) of that Act and regulations made thereunder.”.
Amendment of the Social Security (Overlapping Benefits) Regulations 1979
6.—(1) The Social Security (Overlapping Benefits) Regulations 197930shall be amended in accordance with the following provisions of this regulation.
(2) In regulation 2(1) (definitions) at the appropriate places in the alphabetical order, insert—
““bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act;
“widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;”.
(3) In paragraph 3 of Column (1) of Schedule 1 after “Widow’s benefit”, insert “, bereavement allowance, widowed parent’s allowance”.
Amendment...
To continue reading
Request your trial