
1 

(1) These Regulations may be cited as the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 2001 and shall come into force on 9th April 2001.
(2) In these Regulations “the principal Regulations” means the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979.
2 
The principal Regulations shall be amended as follows—
(a) after regulation 16 (provisions in relation to entitlement to child benefit for the purposes of a widowed mother’s allowance), insert—“
16ZA 

(1) For the purpose only of determining whether a man or a woman who has been widowed (“the surviving spouse”) satisfies the requirements of subsection (2)(a) of section 39A of the Social Security Contributions and Benefits Act 1992 (“the 1992 Act”)—
(a) a person shall be treated for the purposes of subsection (3) (b) or (c) of that section as having been entitled to child benefit in respect of a child where that person would have been so entitled had—
(i) that child not been absent from Great Britain, and
(ii) a claim for child benefit been made in respect of the child in the manner prescribed under section 13 of the Social Security Administration Act 1992; and
(b) the surviving spouse shall be treated, for the purposes of subsection (2)(a) of section 39A, as entitled to child benefit in respect of the child who, by virtue of sub-paragraph (a) above, falls within subsection (3) of that section.
(2) In determining whether a surviving spouse who has been more than once married and who was not residing with the deceased spouse immediately before his or her death is entitled to a widowed parent’s allowance under section 39A of the 1992 Act, the deceased spouse shall, for the purposes of subsection (3)(b) of that section, be treated as having been entitled to child benefit in respect of any child in respect of whom—
(a) a previous spouse of that surviving spouse by a marriage which ended with that previous spouse’s death was, immediately before his or her death, entitled or treated as entitled to child benefit; and
(b) that surviving spouse was entitled or treated as entitled to child benefit immediately before the death of the deceased spouse.”;
(b) in regulation 16A (which disapplies to claims for widowed mother’s allowance certain requirements under section 1(1A) of the Social Security Administration Act 1992 regarding the claimant’s national insurance number), and in the heading, after “widowed mother’s allowance” insert “or widowed parent’s allowance”.
Signed by authority of the Secretary of State for Social Security.
Angela Eagle
Parliamentary Under-Secretary of State,
Department of Social Security
28th March 2001