The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000

Amendment of the Social Security Benefit (Persons Abroad) Regulations 1975

2.—(1) The Social Security Benefit (Persons Abroad) Regulations 1975(1) shall be amended in accordance with the following provisions of this regulation.

(2) In regulation 1(2) (definitions) at the appropriate places in the alphabetical order, insert—

““bereavement allowance” means an allowance referred to in section 39B of the Social Security Contributions and Benefits Act 1992(2);

“bereavement benefit” means a benefit referred to in section 20(1)(ea)(3) of the Contributions and Benefits Act;

“widowed parent’s allowance” means an allowance referred to in section 39A of the Social Security Contributions and Benefits Act 1992(4);”.

(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)(5) after “widow’s benefit,”, insert “bereavement benefit,”;

(b) after paragraph (2A)(6), add—

“(2B) In the case of a bereavement payment, paragraph (1) above shall apply only where—

(a) the deceased spouse was in Great Britain at the time of his or her death;

(b) sub-paragraph (a) above does not apply but the surviving spouse returned to Great Britain 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 of Schedule 3 to the Act(7) or in regulation 6 of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979(8) are satisfied in relation to the surviving spouse.”.

(4) In regulation 5(3)(d)(9) (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”, substitute “or bereavement benefit if the deceased spouse”.

(5) For regulation 5A (rate of guaranteed minimum pension for the purposes of section 29 of the Pensions Act)(10) after “widowed mother’s allowance”, insert “, bereavement allowance, widowed parent’s allowance”.

(1)

S.I. 1975/563: the relevant amending instruments are S.I. 1989/1642, 1990/621, 1992/1700 and 1998/435.

(2)

Section 39B was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999.

(3)

Section 20(1)(ea) was inserted by paragraph 3(2)(b) of Schedule 8 to the Welfare Reform and Pensions Act 1999.

(4)

Section 39A was inserted by section 55(2) of the Welfare Reform and Pensions Act 1999.

(5)

Paragraph (1) was amended by regulation 2 of S.I. 1992/1700.

(6)

Paragraph (2A) was added by regulation 2 of S.I. 1998/435.

(7)

Paragraph 5 was amended by paragraph 38(3) of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 129 and 134(5) of, and paragraph 4 of Schedule 4 and Part II of Schedule 7 to, the Pensions Act 1995 (c. 26), and paragraph 13(3) of Schedule 8 to the Welfare Reform and Pensions Act 1999.

(8)

S.I. 1979/642: Regulation 6 was amended by regulation 2(2) of S.I. 1990/2642 and regulation 7(3) of S.I. 2000/1483.

(9)

Regulation 5(3) was amended by regulation 8(3)(a) of S.I. 1989/1642.

(10)

Regulation 5A was added by regulation 2(4) of S.I. 1990/621.