The Social Security (Contributions) (Amendment No. 6) Regulations 2001

Statutory Instruments

2001 No. 3728

SOCIAL SECURITY

The Social Security (Contributions) (Amendment No. 6) Regulations 2001

Made

20th November 2001

Laid before Parliament

20th November 2001

Coming into force

12th December 2001

The Treasury, in exercise of the powers conferred upon them by section 13(1) of the Social Security Contributions and Benefits Act 1992(1) and section 13(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2) hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Social Security (Contributions) (Amendment No. 6) Regulations 2001 and shall come into force on 12th December 2001.

Amendment of the Social Security (Contributions) Regulations 2001

2.—(1) Amend regulation 49 of the Social Security (Contributions) Regulations 2001(3) as follows.

(2) At the end of paragraph (1) add—

• “Sub-paragraphs (a), (b) and (c) are subject to the following qualification.”.

(3) In paragraph (2)—

(a) omit “Notwithstanding paragraph (1)(a), (b) or (c),”;

(b) in sub-paragraph (a) for “or widow’s pension or widowed mother’s allowance” substitute “widowed mother’s allowance, widowed parent’s allowance, bereavement allowance(4) or widow’s pension”; and

(c) in sub-paragraph (b) after “contribution condition for” insert “bereavement payment(5) or”.

(4) In paragraph (3), after “widowed mother’s allowance” insert “, widowed parent’s allowance, bereavement allowance”.

Nick Ainger

John Heppell

Two of the Lords Commissioners of Her Majesty’s Treasury

20th November 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 49 of the Social Security (Contributions) Regulations 2001 (S.I. 2001/1004).

Regulation 1 provides for the citation and commencement of these Regulations.

Regulation 2 amends regulation 49. The effect of the amendments is to permit a person who wishes to do so to pay a Class 3 contribution for the purpose of satisfying the contribution conditions for the new bereavement benefits introduced by sections 54 and 55 of the Welfare Reform and Pensions Act 1999 (c. 30) and Articles 51 and 52 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I.11)). These provisions respectively substituted a new section 36 and inserted sections 39A to 39C of the Social Security Contributions and Benefits Act 1992 (c. 4) and the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7). The purpose of the amendments is to secure equal treatment between men and women in respect of benefits connected with bereavement.

(1)

1992 c. 4. Section 13(1) was amended by paragraph 14(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2).

(2)

1992 c. 7. Section 13(1) was amended by paragraph 15(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671).

(3)

S.I. 2001/1004. There are amendments, which are not relevant for present purposes.

(4)

Widowed parent’s allowance and bereavement allowance are introduced by sections 39A and 39B of the Social Security Contributions and Benefits Act 1992, inserted by section 55(2) of the Welfare Reform and Pensions Act 1999 (c. 30) (“the Welfare Reform Act”) and sections 39A and 39B of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11)) (“the Welfare Reform Order”).

(5)

Bereavement payment is introduced by section 36 of the Social Security Contributions and Benefits Act 1992 as substituted by section 54(1) of the Welfare Reform Act and section 36 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as substituted by Article 51(1) of the Welfare Reform Order.