Welfare Reform and Pensions Act 1999

Social Security Contributions and Benefits Act 1992 (c. 4)

2The Contributions and Benefits Act has effect subject to the following amendments.

3(1)Section 20 (descriptions of contributory benefits) is amended as follows.

(2)In subsection (1)—

(a)in paragraph (e), omit sub-paragraph (i); and

(b)after that paragraph insert—

(ea)bereavement benefits, comprising—

(i)bereavement payment;

(ii)widowed parent’s allowance (with increase for child dependants);

(iii)bereavement allowance;.

(3)In subsection (2), in the definition of “long-term benefit”, after paragraph (b) insert—

(ba)a widowed parent’s allowance;

(bb)a bereavement allowance;.

4(1)Section 21 (contribution conditions) is amended as follows.

(2)In subsection (2)—

(a)for “Widow’s payment” substitute “Bereavement payment”; and

(b)after the entry relating to widowed mother’s allowance insert—

Widowed parent’s allowanceClass 1, 2 or 3
Bereavement allowanceClass 1, 2 or 3

(3)In subsection (4), for “widow’s payment” substitute “bereavement payment”.

5In section 46(2) (modifications of s. 45 for calculating additional pension in certain benefits)—

(a)after “section 39(1)” insert “or 39C(1)”; and

(b)for “or 48B(2)” substitute “, 48B(2) or 48BB(5)”.

6In section 48B (Category B retirement pension for widows and widowers), at the end add—

(8)Nothing in subsections (4) to (7) above applies in a case where the spouse dies on or after the appointed day (as defined by section 36A(3)).

7In section 48C(4) (category B retirement pension: general), for “or 48B(2)” substitute “, 48B(2) or 48BB(5)”.

8(1)Section 60 (complete or partial failure to satisfy contribution conditions) is amended as follows.

(2)In subsection (1), after paragraph (a) insert—

(aa)a widowed parent’s allowance,

(ab)a bereavement allowance.

(3)In subsection (3)—

(a)for paragraph (a) substitute—

(a)a bereavement payment;; and

(b)after paragraph (b) insert—

(ba)a widowed parent’s allowance;

(bb)a bereavement allowance;; and

(c)in paragraph (d), after “48B” insert “or 48BB”.

9In section 61(1) (exclusion of increase of benefit for failure to satisfy contribution condition), after “widowed mother’s allowance” insert “or widowed parent’s allowance”.

10In section 61A(3) (contributions paid in error)—

(a)at the end of paragraph (b) insert “(payable by virtue of section 48B or 48BB above)”; and

(b)after “widow’s pension,” insert—

(ca)widowed parent’s allowance,.

11In section 80(5) (beneficiary’s dependent children)—

(a)for “payable by virtue of subsection (1)(a) of section 37” substitute “or a widowed parent’s allowance payable by virtue of section 37(1)(a) or (as the case may be) section 39A(2)(a)”; and

(b)for “subsection (2)(a), (b) or (c) of that section” substitute “section 37(2)(a), (b) or (c) or (as the case may be) section 39A(3)(a), (b) or (c)”.

12In section 150 (interpretation of provisions relating to Christmas bonus), in subsection (1)(c), after “allowance” insert “, widowed parent’s allowance”.

13(1)Schedule 3 (contribution conditions for entitlement to benefit) is amended as follows.

(2)In paragraph 4(1) (contribution condition for widow’s payment) and in the cross-heading preceding paragraph 4, for “widow’s payment” and “Widow’s payment” substitute “bereavement payment” and “Bereavement payment” respectively.

(3)In paragraph 5(1) (contribution conditions for widowed mother’s allowance, widow’s pension etc.), after “allowance,” insert “ a widowed parent’s allowance, a bereavement allowance,”; and in the cross-heading preceding paragraph 5, after “allowance” insert “, widowed parent’s allowance, bereavement allowance”.

(4)In paragraph 7(1) and (3) (satisfaction of conditions in early years of contribution), for “widow’s payment” substitute “bereavement payment”.

(5)In paragraph 9 (satisfaction of condition where condition for short-term benefit satisfied)—

(a)for “a woman claims a widow’s payment” substitute “a claim is made for a bereavement payment”; and

(b)for “widow’s payment” (in the second place where it occurs) substitute “bereavement payment”.

14In Part IV of Schedule 4 (increases for dependants), after the entry relating to widowed mother’s allowance insert—

4A. Widowed parent’s allowance11.35—.