Regulation 4 Amendment of the Housing Benefit RegulationsF1

in paragraph 4 M1, for the words “paragraphs 9" there shall be substituted the words “ paragraphs 8A ”;

after paragraph 7 there shall be inserted the following paragraph—

“ Bereavement Premium

8A

(1)

Subject to sub-paragraphs (2) and (3), the condition is that the claimant—

(a)

had, as at 9th April 2001, attained the age of 55 but not the age of 60;

(b)

was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Contributions and Benefits Act in respect of the death of a spouse who died on or after 9th April 2001; and

(c)

is claiming housing benefit as a single claimant.

(2)

A premium under sub-paragraph (1) shall, except in a case to which sub-paragraph (4) applies, not be applicable in respect of a claimant who claims housing benefit more than 8 weeks after the last day on which he was entitled to a bereavement allowance.

(3)

Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to housing benefit or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims housing benefit as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to housing benefit or, as the case may be, to be a single claimant.

(4)

Where a premium under sub-paragraph (1) becomes applicable to a claimant, it shall again be applicable to that claimant where he claims housing benefit as a single claimant at the end of the benefit period in which it first became applicable and at the end of each subsequent benefit period provided, where he ceases to be a single claimant during the course of any benefit period, he does not cease to be a single claimant for more than 8 weeks.

(5)

For the purposes of this paragraph, where the claimant—

(a)

was entitled to council tax benefit at any time in the period of 8 weeks before becoming entitled or re-entitled to housing benefit; and

(b)

satisfied the conditions in respect of a bereavement premium under paragraph 8A of Schedule 1 to the Council Tax Benefit (General) Regulations 1992,

for the purpose of establishing entitlement or re-entitlement for housing benefit, he shall be treated as satisfying the equivalent conditions for a bereavement premium under this paragraph.”;

immediately before sub-paragraph (2) in the table in paragraph 15 there shall be inserted the following sub-paragraph respectively in each column—

“

(1A)Bereavement Premium. c> (1A)£15.30.

”.

after paragraph 14, there shall be inserted the following paragraph—

“

14A

Subject to paragraph 33, £15 of any—

(a)

widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;

(b)

widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.”;

in paragraph 33, for the words “and 14" there shall be substituted the words “ , 14 and 14A ”.