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

Amendment of the Social Security Benefit (Persons Abroad) Regulations

6.—(1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978(1) shall be amended in accordance with paragraphs (2) to (5).

(2) In regulation 1(2) (interpretation)—

(a) after the definition of “the Contributions Regulations”(2) there shall be inserted—

““bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act(3);”;

“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)(4) after “widow’s benefit,” there shall be inserted “bereavement benefit”,

(b) after paragraph (2A)(5) 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(6) 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(7) are satisfied in relation to the surviving spouse.”.

(4) In regulation 5(3)(d)(8) (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)(9) (rate of guaranteed minimum pension for certain purposes) after “additional widowed mother’s allowance” there shall be inserted “, bereavement allowance, widowed parent’s allowance”.

(1)

S.R. 1978 No. 114; relevant amending regulations are S.R. 1981 No. 278, S.R. 1988 No. 77, S.R. 1989 No. 373, S.R. 1990 No. 123 and S.R. 1992 Nos. 330 and 453

(2)

The definition of “the Contributions Regulations” was substituted by regulation 3(2) of S.R. 1981 No. 278

(3)

The definition of “the Contributions and Benefits Act” was inserted by regulation 3(2) of S.R. 1992 No. 453

(4)

Paragraph (1) was amended by regulation 2 of S.R. 1992 No. 330

(5)

Paragraph (2A) was inserted by regulation 2 of S.R. 1988 No. 77

(6)

Paragraph 5 was amended by paragraph 38(3) of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 126 and 131(5) of, and paragraph 4 of Schedule 2 to, the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 12(3) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 36 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))

(7)

S.R. 1979 No. 243; regulation 6 was amended by regulation 2(3) of S.R. 1990 No. 452

(8)

Regulation 5(3)(d) was amended by regulation 6(3)(a)(iii) of S.R. 1989 No. 373

(9)

Regulation 5A was inserted by regulation 2(3) of S.R. 1990 No. 123