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Pensions Act 2014

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Part 5E+W+SBereavement support payment

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Modifications etc. (not altering text)

30Bereavement support paymentE+W+S

(1)A person is entitled to a benefit called bereavement support payment if—

(a)the person's spouse or civil partner dies,

(b)the person is under pensionable age when the spouse or civil partner dies,

(c)the person is ordinarily resident in Great Britain, or a specified territory, when the spouse or civil partner dies, and

(d)the contribution condition is met (see section 31).

(2)The Secretary of State must by regulations specify—

(a)the rate of the benefit, and

(b)the period for which it is payable.

(3)The regulations may specify different rates for different periods.

(4)In the case of a person who is pregnant or entitled to child benefit in specified circumstances, the regulations may—

(a)specify a higher rate;

(b)provide for the allowance to be payable for a longer period.

(5)A person is not entitled to bereavement support payment for periods after the person has reached pensionable age.

(6)A person is not entitled to bereavement support payment if the death occurred before this section came fully into force.

(7)In this section—

  • pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;

  • specified territory” means a territory specified in regulations made by the Secretary of State.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1S. 30 in force at 8.3.2017 for specified purposes by S.I. 2017/297, art. 3(1)(a)

I2S. 30 in force at 6.4.2017 in so far as not already in force by S.I. 2017/297, art. 3(1)(b)

31Bereavement support payment: contribution condition and amendmentsE+W+S

(1)For the purposes of section 30(1)(d) the contribution condition is that, for at least one tax year during the deceased's working life—

(a)he or she actually paid Class 1 or Class 2 national insurance contributions, and

(b)those contributions give rise to an earnings factor (or total earnings factors) equal to or greater than 25 times the lower earnings limit for the tax year.

(2)For earnings factors, see sections 22 and 23 of the Social Security Contributions and Benefits Act 1992.

(3)For the purposes of section 30(1)(d) the contribution condition is to be treated as met if the deceased was an employed earner and died as a result of—

(a)a personal injury of the kind mentioned in section 94(1) of the Social Security Contributions and Benefits Act 1992, or

(b)a disease or personal injury of the kind mentioned in section 108(1) of that Act.

(4)In this section the following expressions have the meaning given by section 122(1) of the Social Security Contributions and Benefits Act 1992—

  • “employed earner”,

  • “lower earnings limit”,

  • “tax year”, and

  • “working life”.

(5)Schedule 16 contains amendments to do with bereavement support payment.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3S. 31(1)-(4) in force at 8.3.2017 for specified purposes by S.I. 2017/297, art. 3(1)(a)

I4S. 31(1)-(4) in force at 6.4.2017 in so far as not already in force by S.I. 2017/297, art. 3(1)(b)

I5S. 31(5) in force at 8.2.2017 for specified purposes by S.I. 2017/111, reg. 5(a)

I6S. 31(5) in force at 6.4.2017 in so far as not already in force by S.I. 2017/297, art. 3(2) (with arts. 4, 5)

32Bereavement support payment: prisonersE+W+S

(1)The Secretary of State may by regulations provide that a person is not to be paid bereavement support payment for any period during which the person is a prisoner.

(2)Prisoner” means a person (in Great Britain or elsewhere) who is—

(a)imprisoned or detained in legal custody, or

(b)unlawfully at large.

(3)In the case of a person remanded in custody for an offence, regulations under subsection (1) may be made so as to apply only if a sentence of a specified description is later imposed on the person for the offence.

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7S. 32 in force at 8.3.2017 for specified purposes by S.I. 2017/297, art. 3(1)(a)

I8S. 32 in force at 6.4.2017 in so far as not already in force by S.I. 2017/297, art. 3(1)(b)

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