The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000

Amendment of the Social Security (Credits) Regulations 1975

3.—(1) The Social Security (Credits) Regulations 1975(1) shall be amended in accordance with the following provisions of this regulation.

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

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

“bereavement benefit” means a benefit referred to in section 20(1)(ea)(2) of the Contributions and Benefits Act;

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

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

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

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

(a) “widow”, insert “or widower”;

(b) “widow’s benefit”, insert “, bereavement benefit”.

(6) In regulation 7C(1) (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)(6) after “a widowed mother’s allowance”, insert “, a widowed parent’s allowance, a bereavement allowance”.

(7) After regulation 8B (credits for incapacity for work)(7), insert—

“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 in relation to short-term incapacity benefit; or

(b) section 2(1)(b) of the Jobseekers Act 1995 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 above to be satisfied.”.

(1)

S.I. 1975/556; the relevant amending instruments are S.I. 1976/409, 1987/414, 1988/1545, 1995/2558, 1996/2367 and 1999/2566.

(2)

Section 20(1)(ea) was inserted by paragraph 3(2)(b) of Schedule 8 to the Welfare Reform and Pensions Act 1999.

(3)

Regulation 3(1) was substituted by regulation 2(3) of S.I. 1996/2367.

(4)

Regulation 4(1) was amended by regulation 2(5) of S.I. 1988/1545.

(5)

Regulation 7A was inserted by regulation 19 of S.I. 1976/409 and paragraph (1) was amended by regulation 6(a) of S.I. 1987/414 and regulation 2(5) of S.I. 1988/1545.

(6)

Regulation 7C was inserted by regulation 2 of S.I. 1995/2558 and paragraph (1) was amended by Part I of Schedule 2 to S.I. 1999/2566.

(7)

Regulation 8B was inserted by regulation 2(6) of S.I. 1996/2367.