Made | 13th March 2001 | ||
Coming into operation | 9th April 2001 |
(3) At the end of Schedule 2 (personal benefits) there shall be added -
Amendment of the Social Security (Credits) Regulations
3.
- (1) The Social Security (Credits) Regulations (Northern Ireland) 1975[8] shall be amended in accordance with paragraphs (2) to (7).
(2) In regulation 2(1) (interpretation) -
(3) In regulation 3(1)(a)[13] (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)[14] (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)[15] (credits for invalid care allowance) after -
(6) In regulation 7C(1)[16] (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[17] (credits for incapacity for work) there shall be inserted -
(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.".
Amendment of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations
4.
- (1) The Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976[20] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) after the definition of "the General Regulations" there shall be added -
(3) In regulation 2(5)(a)(ii) (which concerns specified benefits qualifying for the weekly rate of child benefit) after "widowed mother's allowance", where those words first occur, there shall be inserted ", widowed parent's allowance".
Amendment of the Social Security Benefit (Dependency) Regulations
5.
- (1) The Social Security Benefit (Dependency) Regulations (Northern Ireland) 1977[21] shall be amended in accordance with paragraph (2).
(2) For regulation 4B[22] (circumstances in which a person entitled to child benefit is to be treated as if he were not so entitled), there shall be substituted -
a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for the periods referred to in paragraph (2).
(2) The periods referred to in paragraph (1) are -
(b) any period throughout which -
(c) any day following the day on which that child died.
(3) Sub-paragraph (b) of paragraph (2) shall not apply in the case of a person who is wholly or mainly maintaining the child referred to in that sub-paragraph.
(4) For the purposes of the following provisions of the Contributions and Benefits Act -
a person who is entitled to child benefit in respect of a child shall be treated as if he were not so entitled for any period for which that benefit is not payable by virtue of any of the provisions referred to in paragraph (5).
(5) The provisions referred to in paragraph (4) are -
of the Child Benefit (General) Regulations (Northern Ireland) 1979[26] or any provision contained in regulations made under section 140(1) of the Contributions and Benefits Act (exclusion from child benefit) in so far as those regulations provide that child benefit is not to be payable by virtue of section 138(1)(b) of that Act (meaning of "child") and regulations made thereunder.".
Amendment of the Social Security Benefit (Persons Abroad) Regulations
6.
- (1) The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978[27] shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) -
(3) In regulation 4 (modification of the Act in relation to widow's benefit, child's special allowance, guardian's allowance and retirement pension) -
(4) In regulation 5(3)(d)[34] (which provides that a person's disqualification from receiving any additional widow's benefit shall not be affected where the widow's husband had become entitled to a Category A retirement pension or died before the appointed date) for "if her husband" there shall be substituted "or bereavement benefit if the deceased spouse".
(5) In regulation 5A(1)[35] (rate of guaranteed minimum pension for certain purposes) after "additional widowed mother's allowance" there shall be inserted ", bereavement allowance, widowed parent's allowance".
Amendment of the Social Security (Overlapping Benefits) Regulations
7.
- (1) The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979[36] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 2(1) (interpretation) -
(3) In paragraph 3 of Column (1) of Schedule 1[38] (personal benefits which are required to be adjusted) after "Widow's benefit" there shall be inserted ", bereavement allowance, widowed parent's allowance".
Amendment of the Social Security (Widow's Benefit and Retirement Pensions) Regulations
8.
- (1) The Social Security (Widow's Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979[39] shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 1(2) (interpretation) -
(3) In regulation 6[41] (benefit at reduced rates for those who do not satisfy the contribution conditions in full) -
(b) in paragraph (2), after sub-paragraph (a) there shall be inserted -
(c) in paragraph (4)(b), after "widow's pension" there shall be inserted ", a bereavement allowance, a widowed parent's allowance".
(4) After regulation 7 (Category B retirement pension for certain widows by virtue of husband's contributions) there shall be inserted -
(3) Where this regulation applies, the weekly rate of a Category B retirement pension shall -
be that specified in section 48BB(5) and (6) of the Contributions and Benefits Act, as the case may be.".
(5) In regulation 8(1) (which specifies who is entitled to a Category A retirement pension by virtue of the substitution of a former spouse's contribution record) for sub-paragraph (b) there shall be substituted -
Amendment of the Social Security (General Benefit) Regulations
9.
- (1) The Social Security (General Benefit) Regulations (Northern Ireland) 1984[45] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) after the definition of "the Child Benefit Order" there shall be inserted -
(3) In regulation 2(2)[46] (which provides that a person is not to be disqualified for receiving certain benefits in cases of imprisonment or detention pending criminal proceedings unless a penalty is imposed in respect of such proceedings) after "widow's benefit," there shall be inserted "bereavement benefit,".
Amendment of the Social Security (Claims and Payments) Regulations
10.
- (1) The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987[47] shall be amended in accordance with paragraphs (2) to (7).
(2) In regulation 2(1) (interpretation) -
(3) In regulation 3 (claims not required for entitlement to benefit in certain cases) -
(b) in paragraph (d) -
(4) In regulation 19(3)[50] (which specifies which benefits have to be claimed within the period specified in paragraph (2) of that regulation) after sub-paragraph (g) there shall be inserted -
(5) In Schedule 1, in the Table in Part I[51] (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) -
(6) In Schedule 6 (days for payment of long term benefits) -
immediately before becoming entitled to a retirement pension, that pension shall be payable on Tuesdays;";
(b) in paragraph 6, after "Widowed mother's allowance" there shall be inserted ", widowed parent's allowance, bereavement allowance".
(7) In Schedule 7[52] (manner and time of payment and commencement of entitlement in income support cases) -
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations
11.
- (1) The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988[54] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) after the definition of "benefit" there shall be inserted -
(3) In regulation 8(1)[57] (which specifies payments which can be recovered because they were not made on a prescribed date), after sub-paragraph (g) there shall be added -
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations
12.
- (1) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[58] shall be amended in accordance with paragraphs (2) and (3).
(2) In regulation 1(2) (interpretation) -
(3) In paragraph 3(g) of Schedule 2A[59] (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support or a jobseeker's allowance) after "retirement pension" there shall be inserted ", bereavement allowance, widowed parent's allowance".
Sealed with the Official Seal of the Department for Social Development on
13th March 2001.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
[2] See Article 8(b) of S.R. 1999 No. 481back
[3] S.R. 1975 No. 109; relevant amending regulations are S.R. 1977 No. 316, S.R. 1979 No. 68 and S.R. 1987 No. 391back
[4] The definition of "basic pension" was substituted by regulation 2(2)(a)(i) of S.R. 1987 No. 391back
[5] 1992 c. 7; section 39B is inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[6] The definition of "week" was inserted by regulation 2 of S.R. 1977 No. 316back
[7] Section 39A is inserted by Article 52(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[8] 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. 385back
[9] The definition of "benefit" was inserted by regulation 2(2)(b) of S.R. 1996 No. 430back
[10] The definition of "the Contributions and Benefits Act" was inserted by regulation 6(2) of S.R. 1995 No. 150back
[11] Section 20(1)(ea) is inserted by paragraph 2(2)(b) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[12] The definition of "relevant past year" was substituted by regulation 2(2) of S.R. 1988 No. 326back
[13] Regulation 3(1) was substituted by regulation 2(3) of S.R. 1996 No. 430back
[14] Regulation 4(1) was amended by regulation 2(5)(a) of S.R. 1988 No. 326back
[15] 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. 326back
[16] 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. 385back
[17] Regulation 8B was inserted by regulation 2(6) of S.R. 1996 No. 430back
[18] 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 1999back
[19] The definition of "the Jobseeker's Order" was inserted by regulation 2(2)(b) of S.R. 1996 No. 430back
[20] S.R. 1976 No. 223; to which there are amendments not relevant to these regulationsback
[21] S.R. 1977 No. 74; relevant amending regulations are S.R. 1980 No. 144, S.R. 1984 No. 373, S.R. 1987 No. 129, S.R. 1988 No. 138, S.R. 1989 No. 103 and S.R. 1992 No. 521back
[22] Regulation 4B was inserted by regulation 2 of S.R. 1980 No. 144 and amended by S.R. 1984 No. 373, S.R. 1987 No. 129, S.R. 1988 No. 138 and S.R. 1989 No. 103back
[23] The definition of "the Contributions and Benefits Act" was inserted by regulation 2(2) of S.R. 1992 No. 521back
[24] Section 80 was amended by Article 4(3) of the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I.15)) and is amended by paragraph 10 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and Article 8 of S.R. 2001 No. 41back
[25] Section 90 is amended by paragraph 25 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999back
[26] S.R. 1979 No. 5; regulation 7 was substituted by regulation 3 of S.R. 1980 No. 261 and amended by regulation 2 of S.R. 1982 No. 114, regulation 4 of S.R. 1987 No. 130 and regulation 4 of S.R. 1988 No. 273; regulations 9 and 9A were substituted by regulation 2 of S.R. 2000 No. 361 and regulation 9C was inserted by regulation 3 of S.R. 1989 No. 102back
[27] S.R. 1978 No. 114; relevant amending regulations are S.R. 1981 No. 278, S.R. 1988 No. 77, S.R. 1989 No. 373, S.R. 1990 No. 123 and S.R. 1992 Nos. 330 and 453back
[28] The definition of "the Contributions Regulations" was substituted by regulation 3(2) of S.R. 1981 No. 278back
[29] The definition of "the Contributions and Benefits Act" was inserted by regulation 3(2) of S.R. 1992 No. 453back
[30] Paragraph (1) was amended by regulation 2 of S.R. 1992 No. 330back
[31] Paragraph (2A) was inserted by regulation 2 of S.R. 1988 No. 77back
[32] Paragraph 5 was amended by paragraph 38(3) of Schedule 1 to the Social Security (Incapacity for Work) (Northern Ireland) Order 1994 (S.I. 1994/1898 (N.I. 12)), Articles 126 and 131(5) of, and paragraph 4 of Schedule 2 to, the Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22)), paragraph 12(3) of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 36 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.))back
[33] S.R. 1979 No. 243; regulation 6 was amended by regulation 2(3) of S.R. 1990 No. 452back
[34] Regulation 5(3)(d) was amended by regulation 6(3)(a)(iii) of S.R. 1989 No. 373back
[35] Regulation 5A was inserted by regulation 2(3) of S.R. 1990 No. 123back
[36] S.R. 1979 No. 242; relevant amending regulations are S.R. 1983 No. 36 and S.R. 1992 No. 557back
[37] The definition of "the Contributions and Benefits Act" was inserted by regulation 2 of S.R. 1992 No. 557back
[38] Paragraph 3 was amended by regulation 12(3)(a) of S.R. 1983 No. 36back
[39] S.R. 1979 No. 243, relevant amending regulations are S.R. 1990 No. 452back
[41] Regulation 6 was amended by regulation 2 of S.R. 1990 No. 452back
[42] Section 48BB is inserted by Article 53 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and amended by sections 31 and 35 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000back
[43] Section 113 was amended by paragraph 48 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))back
[44] Section 71 was amended by paragraph 32 of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995back
[45] S.R. 1984 No. 92; relevant amending regulations are S.R. 1984 No. 317, S.R. 1992 No. 6, S.R. 1995 No. 150 and S.R. 1996 No. 57back
[46] Regulation 2(2) was amended by regulation 11 of, and Schedule 2 to, S.R. 1984 No. 317, regulation 7(3) of S.R. 1992 No. 6, regulation 16 of S.R. 1995 No. 150 and regulation 2(a) of S.R. 1996 No. 57back
[47] S.R. 1987 No. 465; relevant amending rules are S.R. 1988 No. 141, S.R. 1992 No. 7, S.R. 1994 No. 456, S.R. 1996 No. 354, S.R. 1997 No. 156, S.R. 1999 Nos. 365 and 472 (C. 36) and S.R. 2000 No. 215back
[48] The definition of "the Contributions and Benefits Act" was inserted by regulation 3(2) of S.R. 1997 No. 156back
[49] The definition of "long term benefits" was amended by regulation 2(2) of S.R. 1992 No. 7 and regulation 2 of S.R. 1999 No. 365back
[50] Regulation 19 was substituted by regulation 3(7) of S.R. 1997 No. 156back
[51] The Table in Part I of Schedule 1 was substituted by Schedule 1 to S.R. 1994 No. 456 and amended by regulation 2(19) of S.R. 1996 No. 354back
[52] The heading to Schedule 7 was amended by Article 9(12)(a) of S.R. 1999 No. 472(C. 36) and regulation 3(5)(a) of S.R. 2000 No. 215back
[53] Paragraph 4 was amended by regulation 10(b) of S.R. 1988 No. 141, regulation 2(15)(c) of S.R. 1994 No. 456 and regulation 2(24)(b) of S.R. 1996 No. 354back
[54] S.R. 1988 No. 142; relevant amending regulations are S.R. 1995 No. 150back
[55] The definition of "the Contributions and Benefits Act" was inserted by regulation 21(2)(a) of S.R. 1995 No. 150back
[56] Part II of Schedule 4 is substituted by Article 51(2) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 and section 36 is substituted by paragraph (1) of that Articleback
[57] Regulation 8(1) was amended by regulation 14(4) of S.R. 1992 No. 6back
[58] S.R. 1999 No. 162; relevant amending regulations are S.R. 2000 No. 215back
[59] Schedule 2A was inserted by Schedule 1 to S.R. 2000 No. 215back