The Welfare Reform and Pensions (Northern Ireland) Order 1999

PART I BEREAVEMENT BENEFITS

Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7)

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

2.—(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;”.

3.—(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 allowance	Class 1, 2 or 3
Bereavement allowance	Class 1, 2 or 3”.

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

4.  In 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)”.

5.  In 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)).”.

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

7.—(1) Section 60 (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”.

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

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

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

(b) after “widow’s pension,” insert—

“(ca) widowed parent’s allowance,”.

10.  In 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)”.

11.  In section 146 (interpretation of provisions relating to Christmas bonus), in subsection (1)(c), after “allowance” insert “, widowed parent’s allowance”.

12.—(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”.

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

“4A. Widowed parent’s allowance

11.35

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Social Security Administration (Northern Ireland) Act 1992 (c. 8)

14.  The Administration Act is amended as follows.

15.  In section 1(2)(a) (entitlement to benefit dependent on claim), for

• “widow’s payment, she” substitute “bereavement payment, the person”.

16.  For section 3 (and the cross-heading preceding it) substitute—

“Bereavement benefits

3.    Late claims for bereavement benefit where death is difficult to establish.

(1) This section applies where a person’s spouse has died or maybe presumed to have died on or after the appointed day and the circumstances are such that—

(a) more than 12 months have elapsed since the date of death; and

(b) either—

(i) the spouse’s body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse does not know that fact; or

(ii) less than 12 months have elapsed since the surviving spouse first knew of the discovery and identification of the body.

(2) Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then—

(a) in any case falling within paragraph (b)(i) of subsection (1) above, where it has been decided under Article 9 of the Social Security (Northern Ireland) Order 1998 that the spouse has died or is presumed to have died; or

(b) in any case falling within paragraph (b)(ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse first knew of the discovery and identification of the body,

such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse first knew of the discovery and identification.

(3) If, in a case where a claim for a bereavement benefit is made or treated as made by virtue of this section, the claimant would, apart from subsection (2) of section 1 above, be entitled to—

(a) a bereavement payment in respect of the spouse’s death more than 12 months before the date on which the claim is made or treated as made; or

(b) any other bereavement benefit in respect of his or her death for a period more than 12 months before that date,

then, notwithstanding anything in that section, the surviving spouse shall be entitled to that payment or, as the case may be, to that other benefit (together with any increase under section 80(5) of the Contributions and Benefits Act).

(4) In subsection (1) above “the appointed day” means the day appointed for the coming into operation of Articles 51 to 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.”.

Pension Schemes (Northern Ireland) Act 1993 (c. 49)

17.—(1) Section 42 of the Pension Schemes Act (effect of entitlement to guaranteed minimum pensions on payment of social security benefit) is amended as follows.

(2) In subsection (1), after “widowed mother’s allowance” insert “, a widowed parent’s allowance”.

(3) In subsection (6)(b)(iii), for “or 48B” substitute “, 48B or 48BB”.

Pensions (Northern Ireland) Order 1995 (NI 22)

18.—(1) Article 125 of the Pensions Order (additional pension: calculation of surpluses) is amended as follows.

(2) In paragraph (4), after “paragraphs (5)” insert “, (5A)”.

(3) After paragraph (5) insert—

“(5A) This Article has effect in the case of additional pension falling to be calculated under sections 44 and 45 of the Contributions and Benefits Act by virtue of section 39C(1) of that Act (widowed parent’s allowance), including Category B retirement pension payable under section 48BB(2), if the pensioner’s spouse—

(a) dies after 5th April 2000, and

(b) has not attained pensionable age on or before that date.”.

(4) In paragraph (6), for “or 48B(2)” substitute “, 48B(2) or 48BB(5)”.