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The Social Security (Reciprocal Agreements) Order (Northern Ireland) 2017

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Article 2(a)

SCHEDULE 1PROPOSED ALTERATIONS TO EXISTING AGREEMENTS

This schedule has no associated Explanatory Memorandum

1.  For the purposes of the alterations proposed in this Schedule—

(a)“bereavement benefits” means—

(i)widow’s benefit,

(ii)bereavement benefit,

(iii)survivor’s pension,

(iv)survivor’s benefit,

(v)basic survivor’s benefit,

(vi)death grant,

(vii)benefits in respect of the death of a spouse or civil partner, or

(viii)any equivalent terms;

(b)“the agreements set out in the Schedules” means the agreements set out in the Schedules to the Orders in Council and Orders specified in Schedule 2;

(c)bereavement support payment means payment under Part 5 (bereavement support payment) of the Pensions Act (Northern Ireland) 2015.

2.  Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to bereavement benefits, such references shall be altered to include a reference to bereavement support payment.

3.  Subject to paragraphs 4 to 8 of this Schedule, where in the agreements set out in the Schedules there are references to the legislation to which the agreements apply, such references shall be altered to include a reference to Part 5 of the Pensions Act (Northern Ireland) 2015.

4.  For the purposes of entitlement to bereavement support payment, where in the agreements set out in the Schedules there are references to a person who is entitled to receive bereavement benefits under the legislation of the United Kingdom while that person is in the territory of the other country as if that person were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.

5.  Where in the agreements set out in the Schedules there are references to an increase in the rate of bereavement benefits under the legislation of the United Kingdom such references shall be altered to include a reference to an increase in the rate of bereavement support payment in the case of a person who is ordinarily resident in the territory of the other country when their spouse or civil partner dies as if they were ordinarily resident in Northern Ireland at that time.

6.  For the purposes of entitlement to the higher rate of bereavement support payment by virtue of regulations under section 29(4) (bereavement support payment) of the Pensions Act (Northern Ireland) 2015, where in the agreements set out in the Schedules there are references to a person who is entitled to bereavement benefits or an increase in bereavement benefits under the legislation of the United Kingdom in respect of a child who is in the territory of the other country as if that child were in the territory of the United Kingdom, such references shall be altered to include a reference to a person who is treated as entitled to child benefit in respect of a child when—

(a)the child is ordinarily resident in the territory of the other country, and

(b)that person would be entitled to child benefit in respect of that child if the child were in the territory of the United Kingdom.

7.  Where in the agreements set out in the Schedules there are—

(a)references to the calculation of pro-rata bereavement benefits, or

(b)provisions relating to the calculation of pro-rata bereavement benefits,

such references or provisions shall not be altered to include a reference to bereavement support payment.

8.  Where in the agreements set out in the Schedules there are references to a person being treated as having—

(a)paid contributions,

(b)been credited with contributions,

(c)been credited with earnings, or

(d)completed an insurance period, a contribution period or an equivalent period,

under the legislation of the United Kingdom, for the purpose of calculating entitlement to bereavement support payment such references shall not be altered to apply to bereavement support payment.

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