Social Security (Widow's Benefit and Retirement Pensions) Amendment Regulations 2001
| Jurisdiction | UK Non-devolved |
| Citation | SI 2001/1235 |
| Year | 2001 |
2001 No. 1235
SOCIAL SECURITY
The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 2001
Made 28th March 2001
Laid before Parliament 3rd April 2001
Coming into force 9th April 2001
The Secretary of State for Social Security, in exercise of powers conferred by sections 122(5) and 175(1) to (3) of the Social Security Contributions and Benefits Act 19921and sections 1(1C), 189(1) and 191 of the Social Security Administration Act 19922and of all other powers enabling him in that behalf, by this instrument, which contains only regulations made by virtue of, or consequential upon, section 55 of the Welfare Reform and Pensions Act 19993, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 2001 and shall come into force on 9th April 2001.
(2) In these Regulations “the principal Regulations” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 19794.
Amendment of the principal Regulations
2. The principal Regulations shall be amended as follows—
(a) after regulation 165(provisions in relation to entitlement to child benefit for the purposes of a widowed mother’s allowance), insert—
“Provision in relation to entitlement to child benefit for the purposes of a widowed parent’s allowance
16ZA.—(1) For the purpose only of determining whether a man or a woman who has been widowed (“the surviving spouse”) satisfies the requirements of subsection (2)(a) of section 39A of the Social Security Contributions and Benefits Act 19926(“the 1992 Act”)—
(a)
(a) a person shall be treated for the purposes of subsection (3) (b) or (c) of that section as having been entitled to child benefit in respect of a child where that person would have been so entitled had—
(i) that child not been absent from Great Britain, and
(ii) a claim for child benefit been made in respect of the child in the manner prescribed under section 13 of the Social Security Administration Act 19927; and
(b)
(b) the surviving spouse shall be treated, for the purposes of subsection (2)(a) of section 39A, as entitled to child benefit in respect of the child who, by virtue of sub-paragraph (a) above, falls within subsection (3) of that section.
(2) In determining whether a surviving spouse who has been more than once married and who was not residing with the deceased spouse immediately before his or her death is entitled to a widowed parent’s allowance under section 39A of the 1992 Act, the deceased spouse shall, for the purposes of subsection (3)(b) of that section, be treated as having been entitled to child benefit in respect of any...
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