The Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019

Changes over time for: Section 3

Alternative versions:

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019. Any changes that have already been made by the team appear in the content and are referenced with annotations.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Regulation 3:

reg. 3(1) sum confirmed by S.R. 2023/143 art. 19(a) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
reg. 3(1) sum confirmed by S.R. 2024/73 art. 19(a)
reg. 3(2) sum confirmed by S.R. 2023/143 art. 19(b) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
reg. 3(2) sum confirmed by S.R. 2024/73 art. 19(b)
reg. 3(3) sum confirmed by S.R. 2023/143 art. 19(c) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
reg. 3(3) sum confirmed by S.R. 2023/143 art. 19(d) (This amendment not applied to legislation.gov.uk. S.R. 2023/143 revoked before coming into operation (26.9.2023) by The Social Security Benefits Up-rating (No. 3) Order (Northern Ireland) 2023 (S.R. 2023/150), arts. 1, 33)
reg. 3(4) sum confirmed by S.R. 2024/73 art. 19(c)
reg. 3(5) sum confirmed by S.R. 2024/73 art. 19(d)

Rate of bereavement support paymentN.I.

This section has no associated Explanatory Memorandum

3.—(1) The higher rate of bereavement support payment is £350 for each monthly recurrence of the day of the month on which the person's [F1spouse, civil partner or cohabiting partner] died during the period for which bereavement support payment is payable (see regulation 2).

[F2(2) Where the person claims bereavement support payment 12 months or less after—

(a)the date their spouse or civil partner died;

(b)in the case of a claim in respect of their cohabiting partner who died on or after 30th August 2018 and before the RO commencement day, the RO commencement day;

(c)in the case of a claim in respect of their cohabiting partner who died on or after the RO commencement day, the date their cohabiting partner died,

the higher rate of bereavement support payment is £3,500 for the first month of the period for which bereavement support payment is payable.]

(3) Any higher rate mentioned in paragraph (2) is in addition to any higher rate mentioned in paragraph (1).

(4) The standard rate of bereavement support payment is £100 for each monthly recurrence of the day of the month on which the person's spouse or civil partner died during the period for which bereavement support payment is payable.

(5) Where the person claims bereavement support payment 12 months or less after the date their spouse or civil partner died, the standard rate of bereavement support payment is £2,500 for the first month of the period for which bereavement support payment is payable.

(6) Any standard rate mentioned in paragraph (5) is in addition to any standard rate mentioned in paragraph (4).

(7) Where a person's spouse or civil partner died on the 31st day of a month, the monthly recurrence of the day of death is to be treated for the purposes of paragraphs (1) and (4) as falling on the last day of the month [F3(the same applies where a cohabiting partner dies for the purposes of paragraph (1))].

(8) Where a person's [F4spouse, civil partner or cohabiting partner] died on the 29th or 30th day of a month, the monthly recurrence of the day of death in February is to be treated for those purposes as falling on the last day of February.

[F5(9) In this regulation, “the RO commencement day” has the meaning given in regulation 2(13).]

Textual Amendments

F1Words in reg. 3(1) substituted (retrospective to 29.9.2019) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 9(3)(a) (with art. 2)

F2Reg. 3(2) substituted (retrospective to 29.9.2019) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 9(3)(b) (with art. 2)

F3Words in reg. 3(7) inserted (retrospective to 29.9.2019) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 9(3)(c) (with art. 2)

F4Words in reg. 3(8) substituted (retrospective to 29.9.2019) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 9(3)(a) (with art. 2)

F5Reg. 3(9) inserted (retrospective to 29.9.2019) by The Bereavement Benefits (Remedial) Order 2023 (S.I. 2023/134), arts. 1(3), 9(3)(d) (with art. 2)

Modifications etc. (not altering text)

C1Reg. 3 sums confirmed (6.4.2020) by The Social Security Benefits Up-rating Order (Northern Ireland) 2020 (S.R. 2020/40), arts. 1(1)(c), 20

C2Reg. 3(1): sum comfirmed (12.4.2021) by The Social Security Benefits Up-rating Order (Northern Ireland) 2021 (S.R. 2021/82), arts. 1(1)(c), 20(a)

C3Reg. 3(1): sum confirmed (11.4.2022) by The Social Security Benefits Up-rating Order (Northern Ireland) 2022 (S.R. 2022/143), art. 1(1)(c), reg. 20(a)

C4Reg. 3(1)-(5): sum confirmed (28.9.2022) by The Social Security Benefits Up-rating (No. 2) Order (Northern Ireland) 2022 (S.R. 2022/231), arts. 1, 19(a)-(d)