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The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001

Type Ni-Statutory-Rule
Publication 2001-03-13
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
articles 1
Reform history JSON API PDF

Made: 13th March 2001

Coming into operation: 9th April 2001

The Department for Social Development, in exercise of the powers conferred by Articles 73(3) and (4)(a) and 75(5)(a) of the Welfare Reform and Pensions (Northern Ireland) Order 1999[^f00001], and now vested in it[^f00002], and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

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These Regulations may be cited as the Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001 and shall come into operation on 9th April 2001.

Amendment of the Social Security (Hospital In-Patients) Regulations

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Amendment of the Social Security (Credits) Regulations

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  • “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act[^f00010];
  • “bereavement benefit” means a benefit referred to in section 20(1)(ea)[^f00011] of the Contributions and Benefits Act (list of contributory benefits);
  • “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;

(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 (second contribution condition for short-term incapacity benefit) in relation to short-term incapacity benefit; or (b) Article 4(1)(b)[^f00018] of the Jobseekers Order[^f00019] (contribution based condition) 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 in paragraph (1) to be satisfied.

Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations

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Amendment of the Social Security Benefit (Dependency) Regulations

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(4B) (1) For the purposes of the following provisions of the Contributions and Benefits Act[^f00023]— (a) section 56 (child’s special allowance); (b) section 77 (guardian’s allowance); (c) section 80[^f00024] (increase in benefit for beneficiary’s dependent children); (d) section 82(4) (short-term benefits — increase for adult dependants); (e) section 85(2) (pension increase (person with care of children)); (f) section 90[^f00025] (increase in benefits for beneficiaries under sections 68 and 70), and (g) paragraphs 4(1) (unemployability supplement: increase for beneficiary’s dependent children) and 6(1) (unemployability supplement: increase for dependent adults) of Schedule 7, 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). (2) The periods referred to in paragraph (1) are— (a) any period throughout which— (i) the person referred to in paragraph (1), not being a parent of the child, does not fall to be treated as responsible for the child under section 139(1)(a) of the Contributions and Benefits Act (meaning of “person responsible for child”), and (ii) a parent of that child falls to be treated as responsible for the child under the said section 139(1)(a); (b) any period throughout which— (i) the person referred to in paragraph (1), not being a parent of that child, falls to be treated as responsible for the child under the said section 139(1)(a), and (ii) a parent of that child also falls to be treated as responsible for the child under the said section 139(1)(a); or (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 the following provisions of the Contributions and Benefits Act— (a) section 37(1) (entitlement to a widowed mother’s allowance); (b) section 39A(2) (entitlement to a widowed parent’s allowance); (c) section 56(1)(b); (d) section 77(1); (e) section 80; (f) section 82(4); (g) section 85(2); (h) section 90, and (i) paragraphs 4(1), 6(1) and 18(1)(a)(ii) of Schedule 7 (industrial death benefit: child of deceased’s family), 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). (5) The provisions referred to in paragraph (4) are— (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) regulation 8 (exclusion from benefit of children aged 16 but under the age of 19 who are receiving advanced education); (c) regulation 9 (child receiving training under a relevant training scheme); (d) regulation 9A (child receiving income support, income-based jobseeker’s allowance or incapacity benefit); or (e) regulation 9C (child receiving financial support for vocational training), of the Child Benefit (General) Regulations (Northern Ireland) 1979[^f00026] or any provision contained in regulations made under section 140(1) of the Contributions and Benefits Act (exclusion from child benefit) in so far as those regulations provide that child benefit is not to be payable by virtue of section 138(1)(b) of that Act (meaning of “child”) and regulations made thereunder.

Amendment of the Social Security Benefit (Persons Abroad) Regulations

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  • “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act[^f00029];

“bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Contributions and Benefits Act;“???”;

  • “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;

(2B) In the case of a bereavement payment, paragraph (1) above shall apply only where— (a) the deceased spouse was in Northern Ireland at the time of his or her death; (b) sub-paragraph (a) above does not apply but the surviving spouse returned to Northern Ireland within 4 weeks of the deceased spouse’s death; or (c) the contribution conditions for widowed parent’s allowance and bereavement allowance set out in paragraph 5[^f00032] of Schedule 3 to the Contributions and Benefits Act or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[^f00033] are satisfied in relation to the surviving spouse.

Amendment of the Social Security (Overlapping Benefits) Regulations

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  • “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act[^f00037];
  • “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations

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  • “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992[^f00040];
  • “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
  • “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;

(aa) widowed parent’s allowance; or (ab) bereavement allowance; or

(aa) widowed parent’s allowance; or

(7A) (1) For the purposes of entitlement of any person (“the pensioner”) to a Category B retirement pension under section 48BB[^f00042] of the Contributions and Benefits Act (Category B retirement pension: entitlement by reference to benefits under section 39A or 39B), the pensioner shall be treated as being entitled to a widowed parent’s allowance or a bereavement allowance, as the case may be, if he would have been so entitled but for any one or more of the circumstances specified in paragraph (2). (2) The circumstances referred to in paragraph (1) are— (a) the pensioner’s failure to make, or his delay in making, a claim for that widowed parent’s allowance or bereavement allowance; (b) the operation of section 113[^f00043] of the Contributions and Benefits Act (disqualification and suspension) or section 71[^f00044] of the Administration Act (overlapping benefits) or any regulations made under either of those sections, except for the operation of section 113(1)(a) of the Contributions and Benefits Act (absence from Northern Ireland); (c) the operation of any provision of the Contributions and Benefits Act or any regulations made under that Act disqualifying the pensioner from receipt of that widowed parent’s allowance or bereavement allowance for any period, except for the operation of the said section 113(1)(a); (d) the pensioner’s having attained pensionable age; (e) the pensioner’s having remarried. (3) Where this regulation applies, the weekly rate of a Category B retirement pension shall— (a) in the case of a pensioner treated as being entitled to widowed parent’s allowance immediately before attaining pensionable age in consequence of the death of his or her spouse, be that specified in section 48BB(2) of the Contributions and Benefits Act; (b) in the case of a pensioner treated as being entitled to— (i) widowed parent’s allowance at any time when over the age of 45 but not immediately before attaining pensionable age, or (ii) bereavement allowance at any time prior to attaining pensionable age, be that specified in section 48BB(5) and (6) of the Contributions and Benefits Act, as the case may be.

(b) any man or woman widowed on or after attaining pensionable age, his or her former spouse, as the case may be, being under pensionable age when she or he died; and

Amendment of the Social Security (General Benefit) Regulations

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  • “bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

Amendment of the Social Security (Claims and Payments) Regulations

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  • “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act[^f00048];
  • “bereavement benefit” means a benefit referred to in section 20(1)(ea) of the Contributions and Benefits Act;
  • “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act.

or (iv) bereavement benefit;

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