The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations (Northern Ireland) 2001

Amendment of the Social Security (Credits) Regulations

3.—(1) The Social Security (Credits) Regulations (Northern Ireland) 1975(1) shall be amended in accordance with paragraphs (2) to (7).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “benefit”(2) there shall be inserted—

““bereavement allowance” means an allowance referred to in section 39B of the Contributions and Benefits Act(3);

“bereavement benefit” means a benefit referred to in section 20(1)(ea)(4) of the Contributions and Benefits Act (list of contributory benefits);”;

(b) after the definition of “relevant past year”(5) there shall be inserted—

““widowed parent’s allowance” means an allowance referred to in section 39A of the Contributions and Benefits Act;”.

(3) In regulation 3(1)(a)(6) (which provides that contributions or earnings shall be credited only for the purpose of satisfying the second contribution condition in relation to certain benefits) after “widowed mother’s allowance,” there shall be inserted “widowed parent’s allowance, bereavement allowance,”.

(4) In regulation 4, in the heading and in paragraph (1)(7) (which provides for the crediting of Class 3 contributions for the purpose of entitlement to certain benefits) after “ a widowed mother’s allowance” there shall be inserted “, a widowed parent’s allowance, a bereavement allowance”.

(5) In regulation 7A(1)(8) (credits for invalid care allowance) after—

(a) “widow” there shall be inserted “or widower”;

(b) “widow’s benefit” there shall be inserted “, bereavement benefit”.

(6) In regulation 7C(1)(9) (which provides for the crediting of earnings equal to the prevailing weekly lower earnings limit in certain cases where working families' tax credit is being paid) after “a widowed mother’s allowance” there shall be inserted “, a widowed parent’s allowance, a bereavement allowance”.

(7) After regulation 8B(10) (credits for incapacity for work) there shall be inserted—

“Credits on termination of bereavement benefits

8C.— (1) This regulation applies for the purpose only of enabling a person who previously received a bereavement benefit (“the recipient”) to satisfy, as the case may be, the condition referred to in—

(a) paragraph 2(3)(b) of Schedule 3 to the Contributions and Benefits Act (second contribution condition for short-term incapacity benefit) in relation to short-term incapacity benefit; or

(b) Article 4(1)(b)(11) of the Jobseekers Order(12) (contribution based condition) in relation to contribution-based jobseeker’s allowance.

(2) For every year up to and including that in which the recipient ceased to be entitled to a bereavement benefit otherwise than by reason of remarriage or living together with a person of the opposite sex as husband and wife, the recipient shall be credited with such earnings as may be required to enable the condition referred to in paragraph (1) to be satisfied.”.

(1)

S.R. 1975 No. 113; relevant amending regulations are S.R. 1976 No. 99, S.R. 1987 No.153, S.R. 1988 No. 326, S.R. 1995 Nos. 150 and 479, S.R. 1996 No. 430 and S.R. 1999 No. 385

(2)

The definition of “benefit” was inserted by regulation 2(2)(b) of S.R. 1996 No. 430

(3)

The definition of “the Contributions and Benefits Act” was inserted by regulation 6(2) of S.R. 1995 No. 150

(4)

Section 20(1)(ea) is inserted by paragraph 2(2)(b) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(5)

The definition of “relevant past year” was substituted by regulation 2(2) of S.R. 1988 No. 326

(6)

Regulation 3(1) was substituted by regulation 2(3) of S.R. 1996 No. 430

(7)

Regulation 4(1) was amended by regulation 2(5)(a) of S.R. 1988 No. 326

(8)

Regulation 7A(1) was inserted by regulation 19 of S.R. 1976 No. 99 and paragraph (1) was amended by regulation 6(a) of S.R. 1987 No. 153 and regulation 2(5)(c) of S.R. 1988 No. 326

(9)

Regulation 7C was inserted by regulation 2 of S.R. 1995 No. 479 and amended by regulation 2(1) of, and Part I of Schedule 2 to, S.R. 1999 No. 385

(10)

Regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430

(11)

Article 4(1)(b) was modified by regulations 159 and 166 of S.R. 1996 No. 198 and is amended by paragraph 4 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999

(12)

The definition of “the Jobseeker’s Order” was inserted by regulation 2(2)(b) of S.R. 1996 No. 430