The Social Security (Social Fund and Claims and Payments) (Miscellaneous Amendments) Regulations 1997

Amendment of regulation 3 of the General Regulations

2.—(1) Regulation 3 of the General Regulations(1) (interpretation) shall be amended in accordance with the following paragraphs.

(2) In paragraph (1)–

(a) after the definition of “the Jobseeker’s Allowance Regulations” there shall be inserted the following definition–

• ““absent parent” means a parent of a child who has died or of a still-born child where–

  (a)

  the parent was not living in the same household with the child at the date of that child’s death or at the date the child was still-born; and

  (b)

  that child had at the date of death, or would have had, his home with a person who was responsible for that child for the purposes of Part IX of the Social Security Contributions and Benefits Act 1992;”;

(b) after the definition of “funeral payment” there shall be inserted the following definition–

““immediate family member” means a parent, son or daughter;”;

(c) after the definition of “occupational pension scheme”, there shall be inserted the following definition–

““prescribed time for claiming” means the appropriate period during which a maternity payment or, as the case may be, a funeral payment, may be claimed pursuant to regulation 19 of, and Schedule 4 to, the Social Security (Claims and Payments) Regulations 1987(2);”;

(d) in the definition of “responsible person” for “7(1) (b)” there shall be substituted “7(1) (a)”.

(3) For paragraph (1A) there shall be substituted the following paragraph–

“(1A) For the purposes of Part III of these Regulations, persons are to be treated as members of the same household where those persons–

(a) are married to each other and are living in the same residential accommodation, residential care home or nursing home as defined for the purposes of the Income Support Regulations or, as the case may be, of the Jobseeker’s Allowance Regulations; or

(b) were partners immediately before either or both or any or all of those persons moved permanently into such accommodation or home as is referred to in sub-paragraph (a) above,

and that person is or, as the case may be, those persons are resident in such accommodation or home at the date of death of the person in respect of whom a funeral payment is claimed.”.

(1)

Regulation 3 was amended by S.I. 1988/36, 1989/379, 1990/580, 1992/2149, 1994/506, 1995/1229 and 1996/1443.

(2)

S.I. 1987/1968; the relevant amending instrument are S.I. 1988/522, 1989/1686, 1991/2741, 1992/247 and 2595, 1993/2113 and 1996/425, 1460 and 2306.