Regulation 7 Death of a person with care of a childF1
England, Wales and Scotland
In a case where—
the person (A) with care of a F2qualifying child to whom child maintenance is payable dies;
on the date of her death, the person (A) was entitled or, where she has a partner, her partner was entitled to a qualifying benefit or had been so entitled within the 12 weeks ending on the date of her death;
after the death, another person (B), who is a close relative of the person (A) and who was not before the death a person with the care of the child, becomes the person with care; and
that other person was entitled or, where the other person has a partner, the other person or her partner was entitled to a qualifying benefit on the day the person (A) died or becomes entitled to a qualifying benefit within 12 weeks of the day on which the person (A) was last entitled to a qualifying benefit,
then any weeks forming part of the bonus period of the person (A) which was current at the date of her death or within 12 weeks of the date on which she died shall be treated as part of the bonus period of the person (B) to the extent that those weeks are not otherwise a part of her bonus period.
In this Regulation, “close relative" means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, F3or if any of the preceding persons is one member of a couple, the other member of that couple.
Annotations
Textual amendments
- F1
Reg. 2-13 revoked by SI 2000/3176 reg. 4(1)(a) (as substituted) (3.3.2003 for specified purposes) by The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Amendment Regulations 2003 (S.I. 2003/231), regs. 1, 2
- F2
Words in reg. 7(1)(a) substituted (6.4.1997) by The Social Security (Miscellaneous Amendments) Regulations 1997 (S.I. 1997/454), regs. 1(b), 8(7)
- F3
Words in reg. 7(2) substituted (5.12.2005) by The Civil Partnership (Pensions, Social Security and Child Support) (Consequential, etc. Provisions) Order 2005 (S.I. 2005/2877), art. 1, Sch. 3 para. 28(3) (with art. 3)
Notes on the whole SI
Textual amendments
- F1
Regs. 2-13 revoked (3.3.2003 for specified purposes) by The Social Security (Child Maintenance Premium and Miscellaneous Amendments) Regulations 2000 (S.I. 2000/3176), regs. 1, 4(1)(a) (with reg. 4(2)(3)(4))