The Social Security Amendment (Bereavement Benefits) Regulations 2000

Amendment of the Housing Benefit Regulations

[F14.—(1) The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.

(2) In Schedule 2 (applicable amounts)—

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

(b)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.”;

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

(3) In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)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.”;

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