The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017

This Order may be cited as the Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2017.

Subject to Articles 2 and 3, this Order shall come into operation—

Subject to Article 3, this Order shall not come into operation in accordance with Article 1(2) for a person to whom this Article applies.

This Article applies to a person who, on 5th April 2017—

But this Article ceases to apply to a person if—

On the date this Article ceases to apply to a person, this Order shall come into operation for that person.

This Order shall not come into operation in accordance with Article 1(2) for a person to whom this Article applies.

This Article applies to a person—

This Order shall come into operation for a person to whom this Article applies—

The Social Security (Credits) Regulations (Northern Ireland) 1975^f1 are amended in accordance with paragraphs (2) to (9).

In regulation 2(1) (interpretation)—

In regulation 3(1)(ab)^f4 (general provisions relating to the crediting of contributions and earnings) omit head (iii) except for the “and” immediately after it.

In regulation 4(1)^f5 and in the heading to regulation 4 (starting credits for the purposes of a retirement pension, a widowed mother’s allowance, a bereavement allowance and a widow’s pension) omit “, a bereavement allowance”.

In regulation 7A(1)^f6 (credits for carer’s allowance) for “bereavement benefit” substitute “widowed parent’s allowance”.

In regulation 7C(1)^f7 (credits for working tax credits) omit “, a bereavement allowance”.

In regulation 8C^f8 (credits on termination of bereavement benefits) after paragraph (2) insert—

“(3)

In this regulation, “bereavement benefit” means—

(a)

a bereavement payment referred to in section 36 of the Contributions and Benefits Act as in operation immediately before it was repealed by paragraph 8 of Schedule 16 to the Pensions Act (Northern Ireland) 2015;

(b)

a bereavement allowance referred to in section 39B of the Contributions and Benefits Act as in operation immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act (Northern Ireland) 2015; and

(c)

widowed parent’s allowance.”.

In regulation 8E(3)^f9 (credits for the purposes of entitlement to retirement pension following official error) after “bereavement allowance” insert “referred to in section 39B of the Contributions and Benefits Act as in operation immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act (Northern Ireland) 2015”.

In regulation 9F^f10 (credits for persons providing care for a child under the age of 12)—

The Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978^f1 are amended in accordance with paragraphs (2) to (6).

In regulation 1(2)^f2 (citation, commencement and interpretation) omit the definitions of “bereavement allowance”, “bereavement benefit” and “bereavement payment”.

In regulation 4(1) (modification of the Contributions and Benefits Act) and in the heading to regulation 4, for “bereavement benefit” substitute “widowed parent’s allowance”.

Omit regulation 4(2B)^f3.

In regulation 5(3)(d)^f4 (application of disqualification in respect of up-rating of benefit) for “bereavement benefit” substitute “widowed parent’s allowance”.

In regulation 5A^f5 (rate of guaranteed minimum pension) omit “, bereavement allowance”.

The Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 2(1) (interpretation) omit the definition of “bereavement allowance”.

In Schedule 1 (personal benefits which are required to be adjusted by certain benefits) in paragraph 3 of column (1)^f2 omit “, bereavement allowance”.

The Social Security (Widow’s Benefit and Retirement Pensions) Regulations (Northern Ireland) 1979^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 1(2) (interpretation) in the definition of “bereavement allowance”^f2 after “Benefits Act” insert “(as in operation immediately before it was repealed by paragraph 13 of Schedule 16 to the Pensions Act (Northern Ireland) 2015^f3”.

In regulation 6(1) (rate of benefit where the second contribution condition in paragraph 5 of Schedule 3 to the Contributions and Benefits Act is not satisfied) omit sub-paragraph (ab)^f4.

After regulation 7A^f5 (Category B retirement pension for surviving spouses and surviving civil partners by virtue of deceased spouse’s or deceased civil partner’s contributions) insert—

“Notional entitlement to Category B retirement pension for new State Pension purposes

7B.

(1)

This regulation applies for the purposes of determining whether, in accordance with paragraph 3(1)(d) of Schedule 3 to the Pensions Act (Northern Ireland) 2015 (survivor’s pension under section 7: inherited amount: dead spouse or civil partner in old state pension scheme etc.)^f6, a person (“the pensioner”) would have been entitled to a Category B retirement pension.

(2)

The pensioner shall be treated as being entitled to bereavement support payment if the pensioner would have been so entitled but for one or both of the circumstances specified in paragraph (3).

(3)

The circumstances referred to in paragraph (2) are—

(a)

the pensioner’s failure to make, or the pensioner’s delay in making, a claim for that bereavement support payment;

(b)

the operation of section 31 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment: prisoners) or any regulations made under that section.”.

The Social Security (General Benefit) Regulations (Northern Ireland) 1984^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 1(2) (citation, commencement and interpretation) omit the definition of “bereavement benefit”^f2.

In regulation 2(2) (exceptions from disqualification for imprisonment etc.) for “bereavement benefit”^f3 substitute “widowed parent’s allowance”.

The Income Support (General) Regulations (Northern Ireland) 1987^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 2(1) (interpretation) in the definition of “the benefits Acts”^f2 for “Part 1 of the Pensions Act (Northern Ireland) 2015” substitute “Parts 1 and 5 of the Pensions Act (Northern Ireland) 2015”.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) after paragraph 72A^f3 insert—

“72B.

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 7(1)(ba) or 65 of Schedule 10.”.

In Schedule 10 (capital to be disregarded)—

The Social Security (Claims and Payments) Regulations (Northern Ireland) 1987^f1 are amended in accordance with paragraphs (2) to (14).

In regulation 2(1) (interpretation)—

In regulation 3(1) (claims not required for entitlement to benefit in certain cases)—

In regulation 4 (making a claim for benefit)—

In regulation 4ZC(2)^f11 (electronic claims for benefit) after “attendance allowance,” insert “bereavement support payment,”.

In regulation 16 (date of entitlement under an award for the purpose of determining the day from which benefit is to be payable and effective date of change of rate)—

In regulation 19 (time for claiming benefit)—

In regulation 22A(1)^f17 and in the heading to regulation 22A (bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension) omit “bereavement allowance,”.

In regulation 22B^f18 (payment of bereavement allowance, widowed mother’s allowance, widowed parent’s allowance and widow’s pension at a daily rate)—

In regulation 32ZA(2)^f19 (information given electronically) after sub-paragraph (a) insert—

“(aa)

bereavement support payment;”.

In regulation 32A(3)^f20 (information relating to awards of benefit) omit sub-paragraphs (b) and (c).

In Part I of Schedule 1^f21 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) at the end of the table insert the following entries—

“

Bereavement benefit	Bereavement support payment
Bereavement support payment	Bereavement benefit

”

In Schedule 7 (time of payment and commencement of entitlement in income support cases) for “bereavement benefit” substitute “widowed parent’s allowance” in the following places—

In paragraph 2(1) of Schedule 8D^f23 (electronic communication) after “attendance allowance,” insert “bereavement support payment,”.

The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 1(2) (citation, commencement and interpretation) omit the definitions of “bereavement benefit” and “bereavement payment”^f2.

In regulation 8(1) (duplication and prescribed payments) for sub-paragraph (h)^f3 substitute—

“(h)

any widowed parent’s allowance under section 39A^f4 of the Contributions and Benefits Act;”.

The Jobseeker’s Allowance Regulations (Northern Ireland) 1996^f1 are amended in accordance with paragraphs (2) and (3).

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 68A^f2 insert—

“68B.

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 12(1)(e) or 57B of Schedule 7.”.

In Schedule 7 (capital to be disregarded)—

The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 1(2) (interpretation)—

In regulation 3 (revision of decisions)—

“and bereavement allowance”;

“except in so far as that section relates to the rate of bereavement allowance”.

The State Pension Credit Regulations (Northern Ireland) 2003^f1 are amended in accordance with paragraphs (2) and (3).

In regulation 15(1) (income for the purposes of the Act) for sub-paragraph (m) substitute—

“(m)

bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;”.

In Part 1 of Schedule 5 (income from capital: capital disregarded for the purpose of calculating income)—

The Housing Benefit Regulations (Northern Ireland) 2006^f1 are amended in accordance with paragraphs (2) and (3).

In Schedule 6 (sums to be disregarded in the calculation of income other than earnings) after paragraph 64^f2 insert—

“(65)

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 9(1)(h) or 59 of Schedule 7.”.

In Schedule 7 (capital to be disregarded)—

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 27(1)(h)^f2 (meaning of income) for head (xi) substitute—

“(xi)

bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015;”.

In paragraph 21(2) of Part 1 of Schedule 7 (capital to be disregarded generally) after sub- paragraph (k)^f3 insert—

“(ka)

bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015.”.

After paragraph 28C^f4 insert—

“(28D)

A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017, but only for a period of 52 weeks from the date of receipt of the payment.”.

in paragraph 1(1), in paragraph (i)^f2 of the definition of “excluded benefits” after “Act 2014” insert “or section 29 of the Pensions Act (Northern Ireland) 2015”; and

in sub-paragraph (n)^f3 of paragraph 10 after “Regulations 2017” insert “or regulation 3(2) or (5) of the Bereavement Support Payment Regulations (Northern Ireland) 2017.”

The Employment and Support Allowance Regulations (Northern Ireland) 2008^f1 are amended in accordance with paragraphs (2) to (5).

In regulation 165(3) (entitlement for less than a week – amount of an employment and support allowance payable) in the definition of “Y” for “bereavement allowance” substitute “bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 (bereavement support payment)”.

In regulation 167(d) (modification in the calculation of income) for “bereavement allowance” substitute “bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015”.

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings) after paragraph 62^f2 insert—

“(63)

Any bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 except any such payment which is disregarded as capital under paragraph 11(1)(d) or 56 of Schedule 9.”.

In Schedule 9 (capital to be disregarded)—

The Universal Credit Regulations (Northern Ireland) 2016^f1 are amended in accordance with paragraphs (2) to (4).

In regulation 2 (interpretation) omit the definition of “bereavement allowance”.

In regulation 66(1)(b) (what is included in unearned income) omit head (iv).

In Schedule 10 (capital to be disregarded) after paragraph 19 add—

“(20)

A payment made within the past 12 months of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017.”.