Social Security Legislation (Benefits) (Application) Order 2017 SOCIAL SECURITY LEGISLATION (BENEFITS) (APPLICATION) ORDER 2017

Transcription

1 Soial Seurity Legislation (Benefits) (Appliation) Order 2017 Index SOCIAL SECURITY LEGISLATION (BENEFITS) (APPLICATION) ORDER 2017 Index Artile Page 1 Title Commenement Interpretation Effet Appliation to the Island of the applied legislation... 4 SCHEDULE 5 THE BEREAVEMENT SUPPORT PAYMENT REGULATIONS SD No. 2017/0140 Page 1

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3 Soial Seurity Legislation (Benefits) (Appliation) Order 2017 Artile 1 Statutory Doument No. 2017/0140 Soial Seurity At 2000 SOCIAL SECURITY LEGISLATION (BENEFITS) (APPLICATION) ORDER 2017 Approved by Tynwald: 16 May 2017 Coming into Operation in aordane with artile 2 The Treasury makes the following Order under setion 1 of the Soial Seurity At Title This Order is the Soial Seurity Legislation (Benefits) (Appliation) Order Commenement This Order omes into operation on the day after it is approved by Tynwald 1. 3 Interpretation (1) In this Order the applied legislation means the Bereavement Support Payment Regulations (2) Unless the ontext otherwise requires or it is expressly provided, a referene in the applied legislation to a provision of any suh legislation or of any other legislation applied to the Island by an order under setion 1 of the Soial Seurity At 2000 shall be onstrued as a referene to that legislation as it has effet in the Island. 4 Effet The applied legislation is deemed to have had effet from the day on whih it ame into fore in Great Britain 3. 1 Under setion 2(1) of the Soial Seurity At 2000 an order under setion 1(1) of that At shall be laid before Tynwald as soon as may be after it is made and unless it is approved by Tynwald at the sitting at whih it is laid or the next following sitting, it eases to have effet, but without prejudie to anything done under it or the making of a new order. 2 S.I. 2017/ Any provision of an order under setion 1(1) of the Soial Seurity At 2000 may be made retrospetive and be deemed to have had effet from suh day or days speified in the order, SD No. 2017/0140 Page 3

4 Artile 5 Soial Seurity Legislation (Benefits) (Appliation) Order Appliation to the Island of the applied legislation The applied legislation, inorporating the exeptions, adaptations and modifiations subjet to whih it applies to the Island, is set out in the Shedule and applies to the Island as part of the law of the Island. MADE 5 TH APRIL 2017 A L CANNAN Minister for the Treasury not being earlier than the date from whih the orresponding legislation had effet in the United Kingdom. Page 4 SD No. 2017/0140

5 Soial Seurity Legislation (Benefits) (Appliation) Order 2017 SCHEDULE SCHEDULE [Artile 5] This Shedule sets out the text of the Bereavement Support Payment Regulations 2017 (S.I. 2017/410) as applied by this Order, with suh exeptions, adaptations and modifiations made where neessary, whih appear in bold itali type. STATUTORY INSTRUMENTS 2017 No. 410 SOCIAL SECURITY The Bereavement Support Payment Regulations 2017 Made th Marh 2017 Coming into fore in aordane with regulation 1(2) The Seretary of State for Work and Pensions makes the following Regulations in exerise of the powers onferred by setions 30(1)(), (2), (3), (4)(a) and (7), 32(1) and (3) and 54(5) and (6) of the Pensions At These Regulations have not been referred to the Soial Seurity Advisory Committee beause they are made before the end of the period of six months beginning with the oming into fore of the provisions of the Pensions At 2014 under whih they are made 5. A draft of these Regulations has been laid before Parliament in aordane with setion 54(2)(a) of the Pensions At 2014 and approved by a resolution of eah House of Parliament. 1. Citation [...] (1) These Regulations may be ited as the Bereavement Support Payment Regulations (2) Omitted. 2. Period for whih bereavement support payment is payable (1) The period for whih bereavement support payment is payable is as follows. (2) The period starts (a) on the date the person s spouse or ivil partner died, where the person laims the payment three months or less after that date; or See setion 173(5) of the Soial Seurity Administration At 1992 (.5) as that At of Parliament has effet in Great Britain. SD No. 2017/0140 Page 5

6 SCHEDULE Soial Seurity Legislation (Benefits) (Appliation) Order 2017 (b) at the beginning of the period of three months preeding the date the person laims the payment, where the person laims the payment (i) (ii) more than three months after the date the person s spouse or ivil partner died; and no more than three months after the date the period finishes under paragraph (3). (3) The period finishes at the end of the period of 18 months beginning with the day after the date the person s spouse or ivil partner died. 3. Rate of bereavement support payment (1) The [...] rate of bereavement support payment is for eah week [...]. This is subjet to paragraph (2). (2) Where the person laims bereavement support payment 12 months or less after the date their spouse or ivil partner died, an additional sum of 3,000 is payable with the first payment of [...] bereavement support payment [...]. (3) to (8) Omitted. 4. Persons entitled to the higher rate of bereavement support payment (Omitted) 5. Persons entitled to the standard rate of bereavement support payment (Omitted) 6. Prisoners who are not to be paid bereavement support payment (1) Subjet to regulation 7, a person is not to be paid bereavement support payment for any period during whih the person is a prisoner 6. (2) [...] A person is a prisoner for the purposes of paragraph (1) where the person is (a) (b) a prisoner in the Island or elsewhere who is imprisoned or detained in legal ustody in onnetion with, or as a result of, riminal proeedings; a prisoner in the Island or elsewhere who is unlawfully at large; () a prisoner in the Island who is being detained (d) (i) (ii) (3) Omitted. omitted. under setion 53 of the Mental Health At (removal to hospital of persons serving sentenes of ustody); and on or before the day whih the Department of Home Affairs ertifies to be the expiration of a person s sentene (if any) within the meaning in setion 57(4) of that At (further provisions as to prisoners under sentene); 7. Paying bereavement support payment to persons who are remanded in ustody (1) Where a person is remanded in ustody for an offene, regulation 6(1) does not apply unless a sentene desribed in paragraph (2) is later imposed on the person for the offene. 6 See setion 32(2) of the Pensions At 2014 (.19) (see SD 2017/077) for the meaning of prisoner. 7 AT 8 of Page 6 SD No. 2017/0140

7 Soial Seurity Legislation (Benefits) (Appliation) Order 2017 SCHEDULE (2) [...] The sentenes desribed for the purposes of paragraph (1) are (a) (b) a sentene of imprisonment or detention in legal ustody as a result of riminal proeedings; a sentene of detention where the provisions mentioned in regulation 6(2)()(i) [...] apply; () a suspended sentene within the meaning in Shedule 1 to the Custody At (suspended sentenes of ustody). (3) Omitted. 8. Territory in whih a person may be entitled to bereavement support payment Omitted. Signed by authority of the Seretary of State for Work and Pensions. 15th Marh 2017 Caroline Nokes Parliamentary Under-Seretary of State Department for Work and Pensions ` 8 AT 1 of SD No. 2017/0140 Page 7

8 Explanatory Note Soial Seurity Legislation (Benefits) (Appliation) Order 2017 EXPLANATORY NOTE (This note is not part of the Order) Setion 1 of the Soial Seurity At 2000 (of Tynwald) enables the Treasury by Order to apply to the Island, as part of the law of the Island and inorporating suh exeptions, adaptations and modifiations as may be speified by the Order, any legislation to whih that setion applies. Setion 1 of that At applies to (inter alia) Part 5 of, and Shedule 16 to, the Pensions At of the UK Parliament and to any statutory instrument made or having effet as if made under those provisions. This Order applies to the Island the Bereavement Support Payment Regulations 2017, the provisions of whih are summarised in the following paragraphs. The Bereavement Support Payment Regulations 2017 (S.I. 2017/410) The Pensions At 2014 (.19) reates a new bereavement support payment for people whose spouse or ivil partner dies on or after 6 th April It replaes the existing soial seurity benefits for the bereaved (bereavement allowane, widow s pension, widowed mother s allowane, widowed parent s allowane and bereavement payment). These Regulations set out some of the detailed rules relating to the new bereavement support payment. Regulation 2 speifies the period for whih bereavement support payment is payable. The period lasts for a maximum of 18 months. If the person laims bereavement support payment within three months of the death of their spouse or ivil partner, the period starts on the date of death and lasts for up to 18 months. If the person laims bereavement support payment more than three months after the death, the period starts three months before the laim is made and ends 18 months after the date of death. Regulation 3 sets the rate of bereavement support payment. The rate is per week. In addition, if the person has laimed bereavement support payment within 12 months of the date of the death of their spouse or ivil partner, an additional sum of 3,000 is payable with the first payment. Regulations 6 and 7 ontain provisions about prisoners. For these purposes, prisoners are people who are imprisoned, detained in legal ustody or unlawfully at large. They an be a prisoner in the Island or elsewhere. These prisoners may not be entitled to be paid any bereavement support payment under the Pensions At Regulation 6 lists the prisoners who are not entitled to be paid bereavement support payment. Regulation 7 provides that prisoners on remand are not to be paid bereavement support payment if they later reeive ertain types of sentene. 9 See SD 2016/0364. Page 8 SD No. 2017/0140