The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001

Statutory Instruments

2001 No. 2618

SOCIAL SECURITY

The Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001

Made

18th July 2001

Laid before Parliament

26th July 2001

Coming into force

20th August 2001

The Secretary of State for Work and Pensions, in exercise of powers conferred by section 85(6)(a) of the Welfare Reform and Pensions Act 1999(1) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Welfare Reform and Pensions (Persons Abroad: Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2001 and shall come into force on 20th August 2001.

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

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

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

““bereavement payment” means a payment under section 36 of the Contributions and Benefits Act 1992(3);”.

(3) In regulation 4(2B)(4) (which specifies the circumstances in which a person shall not be disqualified for receiving a bereavement payment by reason of being absent from Great Britain) for sub-paragraph (a), substitute—

“(a) the deceased spouse or the surviving spouse was in Great Britain at the time of the deceased spouse’s death;”.

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm Wicks

Parliamentary Under-Secretary of State,

Department for Work and Pensions

18th July 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations make consequential amendments to the Social Security Benefit (Persons Abroad) Regulations 1975 (“the 1975 Regulations”) due to the substitution of section 36 of, and Part II of Schedule 4 to, the Social Security Contributions and Benefits Act 1992 (c. 4) (which deal with a bereavement payment), by section 54 of the Welfare Reform and Pensions Act 1999 (c. 30).

Regulation 2(2) amends the 1975 Regulations by inserting a definition of “bereavement payment”. Regulation 2(3) amends regulation 4(2B) of the 1975 Regulations so that a person is not to be disqualified for receiving a bereavement payment by reason of being absent from Great Britain where, at the date of the deceased spouse’s death, either the deceased spouse or the surviving spouse was in Great Britain.

These Regulations do not impose any costs on business.

(1)

1999 c. 30.

(2)

S.I.1975/563: the relevant amending instrument is S.I.2000/2876.

(3)

1992 c. 4. Section 36 of the Social Security Contributions and Benefits Act 1992 was substituted by section 54(1) of the Welfare Reform and Pensions Act 1999.

(4)

Paragraph (2B) was added by regulation 2(3) of S.I.2000/2876.