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Welfare Reform and Pensions Bill - continued        House of Commons
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  PART V
  WELFARE
  CHAPTER I
  SOCIAL SECURITY BENEFITS
 
Benefits for widows and widowers
Bereavement payments.     44. - (1) For section 36 of the Contributions and Benefits Act there shall be substituted-
 
 
"Bereavement payment.     36. - (1) A person whose spouse dies on or after the appointed day shall be entitled to a bereavement payment if-
 
    (a) either that person was under pensionable age at the time when the spouse died or the spouse was then not entitled to a Category A retirement pension under section 44 below; and
 
    (b) the spouse satisfied the contribution condition for a bereavement payment specified in Schedule 3, Part I, paragraph 4.
      (2) A bereavement payment shall not be payable to a person if that person and a person of the opposite sex to whom that person was not married were living together as husband and wife at the time of the spouse's death.
 
      (3) In this section "the appointed day" means the day appointed for the coming into force of sections 44 to 46 of the Welfare Reform and Pensions Act 1999."
 
      (2) In Schedule 4 to the Contributions and Benefits Act (rates of benefits etc,), for Part II there shall be substituted-
 
 
"PART II
  BEREAVEMENT PAYMENT
 
 
Bereavement payment.		 
£2,000.00."
New allowances for bereaved spouses.     45. - (1) After section 36 of the Contributions and Benefits Act there shall be inserted-
 
"Cases in which sections 37 to 41 apply.     36A. - (1) Sections 37 to 39 and section 40 below apply only in cases where a woman's husband has died before the appointed day, and section 41 applies only in cases where a man's wife has died before that day.
 
    (2) Sections 39A to 39C below apply in cases where a person's spouse dies on or after the appointed day, but section 39A also applies (in accordance with subsection (1)(b) of that section) in cases where a man's wife has died before that day.
 
      (3) In this section, and in sections 39A and 39B below, "the appointed day" means the day appointed for the coming into force of sections 44 to 46 of the Welfare Reform and Pensions Act 1999."
 
      (2) After section 39 of the Contributions and Benefits Act there shall be inserted-
 
 
"Widowed parent's allowance.     39A. - (1) This section applies where-
 
    (a) a person whose spouse dies on or after the appointed day is under pensionable age at the time of the spouse's death, or
 
    (b) a man whose wife died before the appointed day-
 
      (i) has not remarried before that day, and
 
      (ii) is under pensionable age on that day.
      (2) The surviving spouse shall be entitled to a widowed parent's allowance at the rate determined in accordance with section 39C below if the deceased spouse satisfied the contribution conditions for a widowed parent's allowance specified in Schedule 3, Part I, paragraph 5 and-
 
 
    (a) the surviving spouse is entitled to child benefit in respect of a child falling within subsection (3) below; or
 
    (b) the surviving spouse is a woman who either-
 
      (i) is pregnant by her late husband, or
 
      (ii) if she and he were residing together immediately before the time of his death, is pregnant in circumstances falling within section 37(1)(c) above.
      (3) A child falls within this subsection if one of the conditions specified in section 81(2) below is for the time being satisfied with respect to the child and the child is either-
 
 
    (a) a son or daughter of the surviving spouse and the deceased spouse; or
 
    (b) a child in respect of whom the deceased spouse was immediately before his or her death entitled to child benefit; or
 
    (c) if the surviving spouse and the deceased spouse were residing together immediately before his or her death, a child in respect of whom the surviving spouse was then entitled to child benefit.
      (4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries, but, subject to that, the surviving spouse shall continue to be entitled to it for any period throughout which she or he-
 
 
    (a) satisfies the requirements of subsection (2)(a) or (b) above; and
 
    (b) is under pensionable age.
      (5) A widowed parent's allowance shall not be payable-
 
 
    (a) for any period falling before the day on which the surviving spouse's entitlement is to be regarded as commencing by virtue of section 5(1)(k) of the Administration Act; or
 
    (b) for any period during which the surviving spouse and a person of the opposite sex to whom she or he is not married are living together as husband and wife.
Bereavement allowance where no dependent children.     39B. - (1) This section applies where a person whose spouse dies on or after the appointed day is over the age of 45 but under pensionable age at the spouse's death.
 
      (2) The surviving spouse shall be entitled to a bereavement allowance at the rate determined in accordance with section 39C below if the deceased spouse satisfied the contribution conditions for a bereavement allowance specified in Schedule 3, Part I, paragraph 5.
 
      (3) A bereavement allowance shall be payable for not more than 26 weeks beginning with the date of the spouse's death or (if later) the day on which the surviving spouse's entitlement is to be regarded as commencing by virtue of section 5(1)(k) of the Administration Act.
 
      (4) The surviving spouse shall not be entitled to the allowance for any period after she or he remarries, but, subject to that, the surviving spouse shall continue to be entitled to it until-
 
 
    (a) she or he attains pensionable age, or
 
    (b) the period of 26 weeks mentioned in subsection (3) above expires,
  whichever happens first.
 
      (5) The allowance shall not be payable-
 
 
    (a) for any period for which the surviving spouse is entitled to a widowed parent's allowance; or
 
    (b) for any period during which the surviving spouse and a person of the opposite sex to whom she or he is not married are living together as husband and wife.
Rate of widowed parent's allowance and bereavement allowance.     39C. - (1) The weekly rate of a widowed parent's allowance shall be determined in accordance with the provisions of sections 44 to 45A below as they apply in the case of a Category A retirement pension, but subject, in particular, to the following provisions of this section and section 46(2) below.
 
      (2) The weekly rate of a bereavement allowance shall be determined in accordance with the provisions of section 44 below as they apply in the case of a Category A retirement pension so far as consisting only of the basic pension referred to in subsection (3)(a) of that section, but subject, in particular, to the following provisions of this section.
 
      (3) In the application of sections 44 to 45A or (as the case may be) section 44 below by virtue of subsection (1) or (2) above-
 
 
    (a) where the deceased spouse was over pensionable age at his or her death, references in those sections to the pensioner shall be taken as references to the deceased spouse, and
 
    (b) where the deceased spouse was under pensionable age at his or her death, references in those sections to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the deceased spouse and the tax year in which he or she died.
      (4) Where a widowed parent's allowance is payable to a person whose spouse dies after 5th April 2000, the additional pension falling to be calculated under sections 44 to 45A below by virtue of subsection (1) above shall be one half of the amount which it would be apart from this subsection.
 
      (5) Where a bereavement allowance is payable to a person who was under the age of 55 at the time of the spouse's death, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which that person's age at that time was less than 55 (any fraction of a year being counted as a year)."
 
Entitlement to Category B retirement pension by reference to new allowances.     46. After section 48B of the Contributions and Benefits Act there shall be inserted-
 
 
"Category B retirement pension: entitlement by reference to benefits under section 39A or 39B.     48BB. - (1) Subsection (2) below applies where a person ("the pensioner") who has attained pensionable age-
 
    (a) was, immediately before attaining that age, entitled to a widowed parent's allowance in consequence of the death of his or her spouse; and
 
    (b) has not remarried.
      (2) The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse, which shall be payable at the same weekly rate as the widowed parent's allowance.
 
      (3) Subsections (4) to (9) below apply where a person ("the pensioner") who has attained pensionable age-
 
 
    (a) was in consequence of the death of his or her spouse either-
 
      (i) entitled to a bereavement allowance immediately before attaining that age, or
 
      (ii) entitled to such an allowance or a widowed parent's allowance at any time prior to attaining that age (but not immediately before doing so); and
 
    (b) has not remarried.
      (4) The pensioner shall be entitled to a Category B retirement pension by virtue of the contributions of the spouse.
 
      (5) A Category B retirement pension payable by virtue of subsection (4) above shall be payable at a weekly rate corresponding to the weekly rate of the additional pension determined in accordance with the provisions of sections 44 to 45A above as they apply in relation to a Category A retirement pension, but subject, in particular, to the following provisions of this section and section 46(2) above.
 
      (6) Where the spouse died under pensionable age, references in the provisions of sections 44 to 45A above, as applied by subsection (5) above, to the tax year in which the pensioner attained pensionable age shall be taken as references to the tax year in which the spouse died.
 
      (7) Where the spouse dies after 5th April 2000, the pension payable by virtue of subsection (4) above shall (before making any reduction required by subsection (8) below) be one half of the amount which it would be apart from this subsection.
 
      (8) Where the pensioner was under the age of 55 at the time of the spouse's death, the weekly rate of the pension shall be reduced by 7 per cent. of what it would be apart from this subsection multiplied by the number of years by which the pensioner's age at that time was less than 55 (any fraction of a year being counted as a year).
 
      (9) The amount determined in accordance with subsections (5) to (8) as the weekly rate of the pension payable to the pensioner by virtue of subsection (4) shall be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date of the spouse's death until the date when the pensioner attained pensionable age, that weekly rate would have been increased during that period by virtue of any orders under section 150 of the Administration Act (annual up-rating of benefits)."
 
 
Work-focused interviews
Claim or full entitlement to certain benefits conditional on work-focused interview.     47. After section 2 of the Administration Act there shall be inserted-
 
 
"Claim or full entitlement to certain benefits conditional on work-focused interview.     2A. - (1) Regulations may make provision for or in connection with-
 
    (a) imposing, as a condition falling to be satisfied by a person making a claim for a benefit to which this section applies, a requirement to take part in a work-focused interview;
 
    (b) imposing, in a case where-
 
      (i) a person is entitled to such a benefit, and
 
      (ii) any prescribed circumstances exist,
 
    a requirement to take part in such an interview as a condition of that person continuing to be entitled to the full amount which is payable to him in respect of the benefit apart from the regulations.
      (2) The benefits to which this section applies are-
 
 
    (a) income support;
 
    (b) housing benefit;
 
    (c) council tax benefit;
 
    (d) widow's and bereavement benefits falling within section 20(1)(e) and (ea) of the Contributions and Benefits Act (other than a bereavement payment);
 
    (e) incapacity benefit;
 
    (f) severe disablement allowance; and
 
    (g) invalid care allowance.
      (3) Regulations under this section may, in particular, make provision-
 
 
    (a) for securing, where a person would otherwise be required to take part in interviews relating to two or more benefits-
 
      (i) that he is only required to take part in one interview, and
 
      (ii) that any such interview is capable of counting for the purposes of all those benefits;
 
    (b) for determining the persons by whom interviews are to be conducted;
 
    (c) conferring power on such persons or the designated authority to determine when and where interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);
 
    (d) prescribing the circumstances in which persons attending interviews are to be regarded as having or not having taken part in them;
 
    (e) for securing that the appropriate consequences mentioned in subsection (4)(a) or (b) below ensue if a person who has been notified that he is required to take part in an interview-
 
      (i) fails to take part in the interview, and
 
      (ii) does not show, within the prescribed period, that he had good cause for that failure;
 
    (f) prescribing-
 
      (i) matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any failure to comply with the regulations, or
 
      (ii) circumstances in which a person is or is not to be regarded as having or not having good cause for any such failure.
      (4) For the purposes of subsection (3)(e) above the appropriate consequences of a failure falling within that provision are-
 
 
    (a) where the requirement to take part in an interview applied by virtue of subsection (1)(a) above, that the person in question is to be regarded as not having made a claim for any relevant benefit;
 
    (b) where the requirement to take part in an interview applied by virtue of subsection (1)(b) above, that the amount payable to the person in question in respect of any relevant benefit is to be reduced by the specified amount.
      (5) Regulations under this section may, in relation to any such reduction, provide-
 
 
    (a) for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
 
    (b) for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;
 
    (c) where the person in question is entitled to two or more relevant benefits, for determining the extent, and the order, in which those benefits are to be reduced in order to give effect to the reduction required in his case;
 
    (d) for restoring to a person in prescribed circumstances the whole or part of the amount by which any relevant benefit has been reduced.
      (6) Regulations under this section may provide that any requirement to take part in an interview that would otherwise apply to a person by virtue of such regulations-
 
 
    (a) is, in any prescribed circumstances, either not to apply or not to apply until such time as is specified;
 
    (b) is not to apply if the designated authority determines that an interview-
 
      (i) would not be of assistance to that person, or
 
      (ii) would not be appropriate in the circumstances;
 
    (c) is not to apply until such time as the designated authority determines, if that authority determines that an interview-
 
      (i) would not be of assistance to that person, or
 
      (ii) would not be appropriate in the circumstances,
 
    until that time;
 
    and the regulations may make provision for treating a person in relation to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.
      (7) In this section-
 
 
    "the designated authority" means such of the following as may be specified, namely-
 
      (a) the Secretary of State,
 
      (b) a local authority, or
 
      (c) a person providing services to the Secretary of State or a local authority;
 
    "interview" (in subsections (3) to (6)) means a work-focused interview;
 
    "relevant benefit", in relation to any person required to take part in a work-focused interview, means any benefit in relation to which that requirement applied by virtue of subsection (1)(a) or (b) above;
 
    "specified" means prescribed by or determined in accordance with regulations;
 
    "work-focused interview", in relation to a person, means an interview conducted for such purposes connected with employment or training in the case of that person as may be specified.
Supplementary provisions relating to work-focused interviews.     2B. - (1) Regulations under section 2A above shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the Social Security Act 1998 against a decision under the regulations that a person-
 
 
    (a) has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or
 
    (b) has not shown, within the prescribed period mentioned in section 2A(3)(e)(i), that he had good cause for such a failure, or
 
    (c) is liable to suffer any particular consequences of such a failure.
      (2) Regulations made by virtue of subsection (1) above may make provision for treating, for the purposes of section 12 of that Act, any such decision made by or on behalf of a local authority as a decision of the Secretary of State made under section 8 of that Act.
 
      (3) In the following provisions, namely-
 
 
    (a) section 3(1) of the Social Security Act 1998 (use of information), and
 
    (b) section 60(7) of the Welfare Reform and Pensions Act 1999 (supply of information)
  any reference to information relating to social security includes any information supplied by a person for the purposes of an interview which he is required to take part in by virtue of section 2A above.
 
      (4) In this section "interview" means a work-focused interview within the meaning of section 2A above."
 
 
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