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Statutory Rules of Northern Ireland

2010 No. 407

Social Security

The Rate of Bereavement Benefits Regulations (Northern Ireland) 2010

Made

7th December 2010

Coming into operation

1st January 2011

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 39(2A), 39C(1A) and 171(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1), and now vested in it(2).

Citation and commencement

1.  These Regulations may be cited as the Rate of Bereavement Benefits Regulations (Northern Ireland) 2010 and shall come into operation on 1st January 2011.

Rate of widowed mother’s allowance and widow’s pension

2.  The amount prescribed for the purposes of section 39(2A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (rate of widowed mother’s allowance and widow’s pension), is £97.65.

Rate of widowed parent’s allowance and bereavement allowance

3.  The amount prescribed for the purposes of section 39C(1A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (rate of widowed parent’s allowance and bereavement allowance), is £97.65.

Sealed with the Official Seal of the Department for Social Development on 7th December 2010

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations prescribe the rate of bereavement benefits which are provided for under Part 2 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (“the 1992 Act”).

Regulation 2 prescribes the amount of widowed mother’s allowance and widow’s pension for the purposes of section 39(2A) of the 1992 Act.

Regulation 3 prescribes the amount of widowed parent’s allowance and bereavement allowance for the purposes of section 39C(1A) of the 1992 Act.

The amounts prescribed are, in accordance with section 6(4) of the Pensions Act (Northern Ireland) 2008, equal to the amount of the basic pension before the coming into operation of the first provision made under section 132A of the Social Security Administration (Northern Ireland) Act 1992 uprating the amount of the basic pension.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 7; section 39(2A) was inserted by section 6(1) of the Pensions Act (Northern Ireland) 2008 (c. 1 (N.I.)); section 39C was inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) and subsection (1A) was substituted by section 6(2)(a) of the Pensions Act (Northern Ireland) 2008; section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21), see also section 6(4) of the Pensions Act (Northern Ireland) 2008

(2)

See Article 8(b) of S.R. 1999 No. 481