The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017

Made: at 9.00 a.m. on 16th March 2017

Laid before Parliament: at 2.00 p.m. on 16th March 2017

Coming into force in accordance with articles 1(2), 2 and 3

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 53 and 54(5) of the Pensions Act 2014[^f00001].

Citation and commencement

1

• (1) This Order may be cited as the Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017.

• (2) This Order comes into force on the day on which section 30 of the Pensions Act 2014 (bereavement support payment) comes into force for all purposes (this is subject to articles 2 and 3).

Later commencement for abolition of bereavement payment and bereavement allowance

2

• (1) This Order does not come into force in accordance with article 1(2) for a person to whom this article applies (this is subject to article 3).

• (2) This article applies to a person who, on the day before the day on which section 30 of the Pensions Act 2014 comes into force for all purposes—

• (a) was entitled to—

• (i) a bereavement payment under section 36 of the Social Security Contributions and Benefits Act 1992 (bereavement payment)[^f00002]; or

• (ii) a bereavement allowance under section 39B of that Act (bereavement allowance where no dependent children)[^f00003]; or

• (b) would have been entitled to such a benefit if they made a claim for it.

• (3) But this article ceases to apply to a person if—

• (a) they were entitled to a benefit in accordance with paragraph (2)(a) and they are no longer entitled to that benefit; or

• (b) they would have been entitled to a benefit in accordance with paragraph (2)(b) and they would no longer be entitled to that benefit if they made a claim for it.

• (4) On the date this article ceases to apply to a person, this Order comes into force for that person.

Commencement for entitlement to bereavement payment and bereavement support payment

3

• (1) This Order does not come into force in accordance with article 1(2) for a person to whom this article applies.

• (2) This article applies to a person—

• (a) whose spouse or civil partner died in the 12 months before the day on which section 30 of the Pensions Act 2014 came into force for all purposes;

• (b) who would have been entitled to a bereavement payment under section 36 of the Social Security Contributions and Benefits Act 1992 if they had made a claim for it;

• (c) who formed a new marriage or civil partnership; and

• (d) whose new spouse or civil partner died—

• (i) on or after the day on which section 30 of the Pensions Act 2014 came into force for all purposes; and

• (ii) within 12 months of the death referred to in sub-paragraph (a).

• (3) This Order comes into force for a person to whom this article applies—

• (a) at the end of the period of 12 months starting on the day on which the death referred to in paragraph (2)(a) occurred, for the purposes of entitlement to bereavement payment for the death referred to in paragraph (2)(a); and

• (b) on the day on which section 30 of the Pensions Act 2014 comes into force for all purposes, for the purposes of entitlement to bereavement support payment for the death referred to in paragraph (2)(d).

Amendment of the Social Security (Credits) Regulations 1975

4

• (1) The Social Security (Credits) Regulations 1975[^f00004] are amended as follows.

• (2) In regulation 2(1) (interpretation)[^f00005]—

• (a) omit the definitions of “bereavement allowance” and “bereavement benefit”; and

• (b) in the definition of “reckonable year”, omit “bereavement benefits,”.

• (3) In regulation 3(1)(ab) (general provisions relating to the crediting of contributions and earnings)[^f00006], omit paragraph (iii) except for the “and” immediately after it.

• (4) In regulation 4(1) (starting credits for the purposes of various benefits)[^f00007] and in the heading to regulation 4, omit “, a bereavement allowance”.

• (5) In regulation 7A(1) (credits for carer’s allowance)[^f00008], for “bereavement benefit” substitute “widowed parent’s allowance”.

• (6) In regulation 7C(1) (credits for working tax credit)[^f00009], omit “, a bereavement allowance”.

• (7) In regulation 8C (credits on termination of bereavement benefits)[^f00010], after paragraph (2) insert—

(3) In this regulation, “bereavement benefit” means— (a) a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014; (b) a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; and (c) widowed parent’s allowance.

• (8) In regulation 8E(3) (credits for the purposes of entitlement to retirement pension following official error)[^f00011], after “bereavement allowance” insert “referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014”.

• (9) In regulation 8G(2) (credits for persons entitled to universal credit)[^f00012], omit sub-paragraph (d).

• (10) In regulation 9F (credits for persons providing care for a child under the age of 12)[^f00013]—

• (a) in paragraph (2)(b), omit “or bereavement allowance”; and

• (b) omit paragraph (3)(e).

Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

5

• (1) The Social Security Benefit (Persons Abroad) Regulations 1975[^f00014] are amended as follows.

• (2) In regulation 1(2) (interpretation)[^f00015], omit the definitions of “bereavement allowance”, “bereavement benefit” and “bereavement payment”.

• (3) In regulation 4(1) (modification of the Social Security Contributions and Benefits Act 1992)[^f00016] and in the heading to regulation 4, for “bereavement benefit” substitute “widowed parent’s allowance”.

• (4) Omit regulation 4(2B)[^f00017].

• (5) In regulation 5(3)(d) (application of disqualification in respect of up-rating of benefit)[^f00018], for “bereavement benefit” substitute “widowed parent’s allowance”.

• (6) In regulation 5A (rate of guaranteed minimum pension)[^f00019], omit “, bereavement allowance”.

Amendment of the Social Security (Overlapping Benefits) Regulations 1979

6

• (1) The Social Security (Overlapping Benefits) Regulations 1979[^f00020] are amended as follows.

• (2) In regulation 2(1) (interpretation)[^f00021], omit the definition of “bereavement allowance”.

• (3) In the Schedule (personal benefits which are required to be adjusted)[^f00022] in paragraph 3 of column (1), omit “, bereavement allowance”.

Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

7

• (1) The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979[^f00023] are amended as follows.

• (2) In regulation 1(2) (interpretation)[^f00024] in the definition of “bereavement allowance”, insert at the end “(as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014)”.

• (3) In regulation 6(1) (rate of benefit where the second contribution condition is not satisfied)[^f00025], omit sub-paragraph (ab).

• (4) After regulation 7A (Category B retirement pension for surviving spouses and surviving civil partners)[^f00026], insert—

(7B) (1) This regulation applies for the purposes of determining whether, in accordance with paragraph 3(1)(d) of Schedule 3 to the Pensions Act 2014 (survivor’s pension inherited amount: dead spouse or civil partner in old state pension scheme)[^f00027], a person (“the pensioner”) would have been entitled to a Category B retirement pension. (2) The pensioner shall be treated as being entitled to bereavement support payment if the pensioner would have been so entitled but for one or both of the circumstances specified in paragraph (3). (3) The circumstances referred to in paragraph (2) are— (a) the pensioner’s failure to make, or the pensioner’s delay in making, a claim for that bereavement support payment; (b) the operation of section 32 of the Pensions Act 2014 (bereavement support payment: prisoners) or any regulations made under that section.

Amendment of the Social Security (General Benefit) Regulations 1982

8

• (1) The Social Security (General Benefit) Regulations 1982[^f00028] are amended as follows.

• (2) In regulation 1(2) (interpretation)[^f00029], omit the definition of “bereavement benefit”.

• (3) In regulation 2(2) (exceptions from disqualification for imprisonment etc.)[^f00030], for “bereavement benefit” substitute “widowed parent’s allowance”.

Amendment of the Income Support (General) Regulations 1987

9

• (1) The Income Support (General) Regulations 1987[^f00031] are amended as follows.

• (2) In regulation 2(1) (interpretation) in the definition of “the benefits Acts”[^f00032], for “Part 1 of the Pensions Act 2014” substitute “Parts 1 and 5 of the Pensions Act 2014”.

• (3) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)[^f00033], after paragraph 79 insert—

(80) Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 7(1)(f) or 72 of Schedule 10.

• (4) In Schedule 10 (capital to be disregarded)[^f00034]—

• (a) in paragraph 7(1), after paragraph (e) insert—

(f) bereavement support payment under section 30 of the Pensions Act 2014,

; and

• (b) after paragraph 71, insert—

(72) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment)[^f00035], but only for a period of 52 weeks from the date of receipt of the payment.

Amendment of the Social Security (Claims and Payments) Regulations 1987

10

• (1) The Social Security (Claims and Payments) Regulations 1987[^f00036] are amended as follows.

• (2) In regulation 2 (interpretation)[^f00037]—

• (a) in paragraph (1)—

• (i) for the definitions of “bereavement allowance” and “bereavement benefit” substitute—

• “bereavement benefit” means—a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act 2014;a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in force immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act 2014; andwidowed parent’s allowance;
• “bereavement support payment” means bereavement support payment under section 30 of the Pensions Act 2014;

• (ii) in the definition of “long-term benefits”, omit “bereavement allowance,”; and

• (iii) in the definition of “working age benefit”, omit paragraph (a); and

• (b) in paragraph (2)(b), after “a shared additional pension” insert “, bereavement support payment”.

• (3) In regulation 3(1) (claims not required for entitlement to benefit in certain cases)[^f00038]—

• (a) for sub-paragraph (a)(iv), substitute—

(iv) widowed parent’s allowance;

• (b) in sub-paragraph (d)(ii), omit “or bereavement allowance”; and

• (c) omit sub-paragraph (da).

• (4) In regulation 4 (making a claim for benefit)[^f00039]—

• (a) in paragraph (6A)(a)(i), for “a bereavement benefit” substitute “widowed parent’s allowance”; and

• (b) for paragraph (11)(e), substitute—

(e) widowed parent’s allowance; (ea) bereavement support payment;

• (5) In regulation 4ZC(2) (electronic claims for benefit)[^f00040], after sub-paragraph (b) insert—

(ba) bereavement support payment;

• (6) In regulation 16 (date of entitlement under an award for the purpose of payability of benefit and effective date of change of rate)[^f00041]—

• (a) in paragraph (2A), omit “bereavement allowance,”;

• (b) in paragraph (3)(c)(i), for “bereavement allowance” substitute “bereavement support payment”; and

• (c) in paragraph (4), for “bereavement allowance” substitute “bereavement support payment”.

• (7) In regulation 19 (time for claiming benefit)[^f00042]—

• (a) for paragraph (3)(ga), substitute—

(ga) subject to paragraph (3B), widowed parent’s allowance; (gb) subject to paragraph (3BA), bereavement support payment;

• (b) omit paragraph (3A);

• (c) in paragraph (3B), for “a bereavement benefit” substitute “widowed parent’s allowance”; and

• (d) after paragraph (3B), insert—

(3BA) The prescribed time for claiming bereavement support payment in respect of— (a) the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment); and (b) the date on which the claimant’s spouse or civil partner died, is 12 months beginning with that date of death.

• (8) In regulation 22A(1) (bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension)[^f00043] and in the heading to regulation 22A, omit “bereavement allowance,”.

• (9) Omit—

• (a) “bereavement allowance,” in the heading to regulation 22B (payment of bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate)[^f00044];

• (b) “bereavement allowance or” in regulation 22B(1); and

• (c) regulation 22B(5)(a).

• (10) In regulation 32ZA(2) (information given electronically)[^f00045], after sub-paragraph (a) insert—

(aa) bereavement support payment;

• (11) In regulation 32B(3) (information relating to awards of benefit)[^f00046], omit sub-paragraphs (b) and (c).

• (12) In Part 1 of Schedule 1 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative)[^f00047]—

• (a) in column (1)—

• (i) after the entry for “working families’ tax credit”, insert “bereavement benefit”; and

• (ii) after that new entry, insert “bereavement support payment”; and

• (b) in column (2)—

• (i) after the entry for “disabled person’s tax credit”, insert “bereavement support payment”; and

• (ii) after that new entry, insert “bereavement benefit”.

• (13) In Schedule 7 (time of payment and commencement of entitlement in income support cases)[^f00048], for “bereavement benefit” substitute “widowed parent’s allowance” in the following places—

• (a) paragraph 2(c);

• (b) paragraph 2ZA; and

• (c) paragraph 4 in the definition of “relevant social security benefit”.

• (14) In paragraph 2(1) of Schedule 9ZC (conditions for the use of electronic communication)[^f00049], after paragraph (b) insert—

(ba) bereavement support payment;

Amendment of the Social Fund (Recovery by Deductions from Benefits) Regulations 1988

11

In regulation 3 of the Social Fund (Recovery by Deductions from Benefits) Regulations 1988 (benefits from which an award may be recovered)[^f00050], omit paragraph (ff).

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992

12

In Schedule 2 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (amounts to be disregarded when calculating or estimating N and M)[^f00051], after paragraph 7A insert—

(7B) Any payment of bereavement support payment under section 30 of the Pensions Act 2014.

Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

13

• (1) The Social Security (Payments on account, Overpayments and Recovery) Regulations 1998[^f00052] are amended as follows.

• (2) In regulation 1(2) (interpretation)[^f00053], omit the definitions of “bereavement benefit” and “bereavement payment”.

• (3) In regulation 8(1) (duplication and prescribed payments)[^f00054], for sub-paragraph (i) substitute—

(i) any widowed parent’s allowance under section 39A of the Contributions and Benefits Act;

Amendment of the Jobseeker’s Allowance Regulations 1996

14

• (1) The Jobseeker’s Allowance Regulations 1996[^f00055] are amended as follows.

• (2) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)[^f00056], after paragraph 75 insert—

(76) Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 65 of Schedule 8.

• (3) In Schedule 8 (capital to be disregarded)[^f00057]—

• (a) in paragraph 12(1), after paragraph (d) insert—

(e) bereavement support payment under section 30 of the Pensions Act 2014,

; and

• (b) after paragraph 64, insert—

(65) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.