SOCIAL SECURITY Citation and commencement 1 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 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security (Credits) Regulations 3 1 The Social Security (Credits) Regulations (Northern Ireland) 1975 shall be amended in accordance with paragraphs (2) to (7). 2 In regulation 2(1) (interpretation)— a after the definition of “benefit” there shall be inserted— “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 ) of the Contributions and Benefits Act (list of contributory benefits); ; b after the definition of “relevant past year” there shall be inserted— “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act; . 3 In regulation 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) after “widowed mother’s allowance,” there shall be inserted “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) after “ a widowed mother’s allowance” there shall be inserted “, a widowed parent’s allowance, a bereavement allowance”. 5 In regulation 7A(1) (credits for invalid care allowance) after— a “widow” there shall be inserted “or widower”; b “widow’s benefit” there shall be inserted “, 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) after “a widowed mother’s allowance” there shall be inserted “, a widowed parent’s allowance, a bereavement allowance”. 7 After regulation 8B (credits for incapacity for work) there shall be inserted— 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 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 ) of the Jobseekers Order (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 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of the Social Security Benefit (Dependency) Regulations 5 1 The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977 shall be amended in accordance with paragraph (2). 2 For regulation 4B (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled), there shall be substituted— 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 the following provisions of the Contributions and Benefits Act — a section 56 (child’s special allowance); b section 77 (guardian’s allowance); c section 80 (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 (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 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 6 1 The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 shall be amended in accordance with paragraphs (2) to (5). 2 In regulation 1(2) (interpretation)— a after the definition of “the Contributions Regulations” there shall be inserted— “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 ) of the Contributions and Benefits Act;“???”; b after the definitions of “ “widow’s benefit” and “widow’s pension” ” there shall be inserted— “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act; . 3 In regulation 4 (modification of the Act in relation to widow’s benefit, child’s special allowance, guardian’s allowance and retirement pension)— a in the heading and in paragraph (1) after “widow’s benefit,” there shall be inserted “bereavement benefit”, b after paragraph (2A) there shall be inserted— 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 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 are satisfied in relation to the surviving spouse. . 4 In regulation 5(3)( d ) (which provides that a person’s disqualification from receiving any additional widow’s benefit shall not be affected where the widow’s husband had become entitled to a Category A retirement pension or died before the appointed date) for “if her husband” there shall be substituted “or bereavement benefit if the deceased spouse”. 5 In regulation 5A(1) (rate of guaranteed minimum pension for certain purposes) after “additional widowed mother’s allowance” there shall be inserted “, bereavement allowance, widowed parent’s allowance”. Amendment of the Social Security (Overlapping Benefits) Regulations 7 1 The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979 shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 2(1) (interpretation)— a after the definition of “benefit under Chapters I and II of Part II of the Act” there shall be inserted— “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act ; ; b after the definition of “war pension death benefit” there shall be inserted— “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 (personal benefits which are required to be adjusted) after “Widow’s benefit” there shall be inserted “, bereavement allowance, widowed parent’s allowance”. Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 8 1 The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979 shall be amended in accordance with paragraphs (2) to (5). 2 In regulation 1(2) (interpretation)— a after the definition of “the Act of 1970” there shall be inserted— “the Administration Act ” means the Social Security Administration (Northern Ireland) Act 1992 ; “the Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992; ; b after the definition of “the Pensions Order” there shall be inserted— “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act; ; c after the definition of “unemployability supplement” there shall be inserted— “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act; . 3 In regulation 6 (benefit at reduced rates for those who do not satisfy the contribution conditions in full)— a in paragraph (1), after sub-paragraph ( a ) there shall be inserted— aa widowed parent’s allowance; or ab bereavement allowance; or ; b in paragraph (2), after sub-paragraph ( a ) there shall be inserted— aa widowed parent’s allowance; or ; c in paragraph (4)( b ), after “widow’s pension” there shall be inserted “, a bereavement allowance, a widowed parent’s allowance”. 4 After regulation 7 (Category B retirement pension for certain widows by virtue of husband’s contributions) there shall be inserted— Category B retirement pension for surviving spouses by virtue of deceased spouse’s contributions 7A 1 For the purposes of entitlement of any person (“the pensioner”) to a Category B retirement pension under section 48BB 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 of the Contributions and Benefits Act (disqualification and suspension) or section 71 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. . 5 In regulation 8(1) (which specifies who is entitled to a Category A retirement pension by virtue of the substitution of a former spouse’s contribution record) for sub-paragraph ( b ) there shall be substituted— 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 9 1 The Social Security (General Benefit) Regulations (Northern Ireland) 1984 shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 1(2) (interpretation) after the definition of “the Child Benefit Order” there shall be inserted— “bereavement benefit” means a benefit referred to in section 20(1)( ea ) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; . 3 In regulation 2(2) (which provides that a person is not to be disqualified for receiving certain benefits in cases of imprisonment or detention pending criminal proceedings unless a penalty is imposed in respect of such proceedings) after “widow’s benefit,” there shall be inserted “bereavement benefit,”. Amendment of the Social Security (Claims and Payments) Regulations 10 1 The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 shall be amended in accordance with paragraphs (2) to (7). 2 In regulation 2(1) (interpretation)— a after the definition of “benefit orders” there shall be inserted— “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 ) of the Contributions and Benefits Act ; ; b in the definition of “long term benefits” after “a widow’s pension,” there shall be inserted “a widowed parent’s allowance, bereavement allowance,”; c after the definition of “week” there shall be added— “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act . . 3 In regulation 3 (claims not required for entitlement to benefit in certain cases)— a in paragraph ( a ), after sub-paragraph (iii) there shall be added— or iv bereavement benefit; ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 In Schedule 1, in the Table in Part I (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative)— a in column (1) after “Widow’s benefit” there shall be inserted “or bereavement benefit”; b in column (2) after “Widow’s benefit” there shall be inserted “or bereavement benefit”. 6 In Schedule 6 (days for payment of long term benefits)— a in paragraph 5, for sub-paragraph ( b ) there shall be substituted— b where— i a woman was entitled to a widow’s benefit, or ii a person was entitled to a bereavement benefit, immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays; ; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In Schedule 7 (manner and time of payment and commencement of entitlement in income support cases)— a in paragraph 2( c ), after “widow’s benefit” there shall be inserted “or bereavement benefit”; b in paragraph 4 , in the definition of “relevant social security benefit” after “retirement pension” there shall be inserted “, bereavement benefit”. Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 11 1 The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 1(2) (interpretation) after the definition of “benefit” there shall be inserted— “bereavement benefit” means a benefit referred to in section 20(1)( ea ) of the Contributions and Benefits Act ; “bereavement payment” means the sum specified in Part II of Schedule 4 to the Contributions and Benefits Act (amount of widow’s payment) and referred to in section 36 of that Act ; . 3 In regulation 8(1) (which specifies payments which can be recovered because they were not made on a prescribed date), after sub-paragraph ( g ) there shall be added— h any bereavement benefit other than a bereavement payment. . Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 12 1 The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 shall be amended in accordance with paragraphs (2) and (3). 2 In regulation 1(2) (interpretation)— a before the definition of “claimant” there shall be inserted— “bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act; ; b at the end there shall be added— “widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act. . 3 In paragraph 3( g ) of Schedule 2A (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker’s allowance) after “retirement pension” there shall be inserted “, bereavement allowance, widowed parent’s allowance”. Sealed with the Official Seal of the Department for Social Development on 13th March 2001. John O'Neill Senior Officer of the Department for Social Development