Pensions Bill (HL Bill 55)

(ii) the widow, widower or surviving civil partner did
not marry or form a civil partnership after the death
and before attaining state pension age, and

(iii) the widow, widower or surviving civil partner
5attained state pension age on or after the second
abolition date;”.

(3) After subsection (9) insert—

“(10) For the purposes of subsection (4A)(aa) and (ab) a person attains
state pension age when he or she attains pensionable age within the
10meaning given by the rules in paragraph 1 of Schedule 4 to the
Pensions Act 1995.”

18 In section 20 (transfer of accrued rights), in subsection (1)(a)—

(a) in sub-paragraph (i), after “under a” insert “scheme that was a”;

(b) in sub-paragraph (ii)—

(i) 15omit “which is not contracted-out,”;

(ii) after “under a” insert “scheme that was a”.

19 In section 23 (securing of benefits), in subsection (2), omit paragraph (d).

20 In section 24A—

(a) the existing text becomes subsection (1), and

(b) 20after that subsection insert—

“(2) The Secretary of State must give such guidance (if any) as he
or she thinks appropriate about GMP conversion.”

21 In section 25 (power for HMRC to impose conditions as to investments and
resources), in subsection (2), after “A” insert “scheme that was a”.

22 25Sections 34 to 36 (cancellation, variation, surrender and refusal of
certificates) are repealed.

23 In the italic heading above section 37, for “scheme rules after certification”
substitute “rules by former salary related contracted-out schemes”.

24 In section 37 (alteration of rules of contracted-out schemes) for subsections
30(1) to (3) substitute—

“(1) Except in prescribed cases, the rules of a scheme that was a salary
related contracted-out scheme cannot be altered unless the alteration
is of a prescribed description.

(2) Regulations made by virtue of subsection (1) may operate so as to
35validate with retrospective effect any alteration of the rules which
would otherwise be void under this section.

(3) Subsection (1) does not apply to a scheme if no person is entitled to
receive, or has accrued rights to, any benefits under the scheme
attributable to a period when the scheme was contracted-out.”

25 40After section 37 insert—

“37A Transfer of liabilities etc: schemes contracted-out on or after 6 April
1997

(1) Regulations may prohibit or restrict—

(a) the transfer of any liability—

(i) for the payment of pensions under a relevant scheme,
or

(ii) in respect of accrued rights to such pensions,

(b) 5the discharge of any liability to provide pensions under a
relevant scheme, or

(c) the payment of a lump sum instead of a pension payable
under a relevant scheme,

except in prescribed circumstances or on prescribed conditions.

(2) 10In this section “relevant scheme” means a scheme that was a salary
related contracted-out scheme by virtue of section 9(2B) and
references to pensions and accrued rights under the scheme are to
such pensions and rights so far as attributable to an earner’s service
on or after the principal appointed day (including, in a case where
15there has been a transfer payment, any pensions or rights deriving
(directly or indirectly) from—

(a) an earner’s service on or after the principal appointed day in
employment that was contracted-out employment by
reference to another scheme, or

(b) 20in a case where the transfer payment was made before the
first abolition date, protected rights under another
occupational pension scheme or under a personal pension
scheme which derive from payments or contributions in
respect of employment on or after the principal appointed
25day.)

(3) Regulations under subsection (1) may provide that any provision of
this Part shall have effect subject to such modifications as may be
specified in the regulations.”

26 For the heading to Chapter 2 of Part 3 substitute “Reduction in social
30security benefits for members of schemes that were contracted-out”.

27 In section 40 (scope of Chapter 2)—

(a) omit paragraph (a);

(b) in paragraph (c) for “such schemes” substitute “schemes that were
contracted-out pension schemes”.

28 35The italic heading above section 41 is repealed.

29 Section 41 (reduced rates of Class 1 contributions) is repealed.

30 (1) Section 42 (review and alteration of reduced rates of Class 1 contributions)
is repealed.

(2) There is no duty, before the repeal of section 42 comes into force, to lay
40before Parliament any reports under that section.

31 In section 48A (additional pension and other benefits), in subsection (1), for
the words from the beginning to the end of paragraph (b) substitute “In
relation to—

“(a) any tax week falling before the first abolition date where the
45amount of a Class 1 contribution attributable to
section 8(1)(a) of the Social Security Contributions and
Benefits Act 1992 in respect of the earnings paid to or for the

benefit of an earner in that week was reduced under section
42A of this Act (as it then had effect),

(b) any tax week falling before the second abolition date where
the amount of a Class 1 contribution attributable to
5section 8(1)(a) of the Social Security Contributions and
Benefits Act 1992 in respect of the earnings paid to or for the
benefit of an earner in that week was reduced under section
41 of this Act (as it then had effect), or

(c) any tax week falling before the first abolition date where an
10amount was paid under section 45(1) of this Act (as it then
had effect) in respect of the earnings paid to or for the benefit
of an earner,”.

32 Section 49 (women, married women and widows) is repealed.

33 Section 50 (powers of HMRC to approve arrangements for scheme ceasing
15to be certified) is repealed.

34 In section 51 (calculation of guaranteed minimum pensions under approved
arrangements), in subsection (1)(b), for “ceases” substitute “ceased”.

35 For section 52 substitute—

“52 Supervision of former salary related contracted-out schemes

20Section 53 shall apply for the purpose of making provision for
securing the continued supervision of any scheme that was a salary
related contracted-out scheme, other than a public service pension
scheme, if any person is entitled to receive or has accrued rights to—

(a) a guaranteed minimum pension under the scheme, or

(b) 25a pension under the scheme attributable to service on or after
the principal appointed day but before the scheme ceased to
be contracted-out.”

36 In section 53 (supervision: former contracted-out schemes), omit
subsection (3).

37 30Sections 55 to 68 (state scheme premiums) are repealed.

38 In section 87 (general protection principle), in subsection (1)(a), for sub-
paragraph (i) substitute—

“(i) the date (“the cessation date”) which is the earlier of—

(a) the date on which an earner ceases to be in
35pensionable service under a scheme that was,
before the second abolition date, a salary
related contracted-out scheme; and

(b) the date on which the earner attains
pensionable age;”.

39 40In section 96 (further provisions concerning exercise of option to take cash
equivalent in a particular way), in subsection (2), in paragraph (a)(i) omit
“which is not a contracted-out scheme”.

40 In section 109 (annual increase of guaranteed minimum pensions), in
subsection (3A)(b), omit “for the purposes of Part 3 of the Pensions Act
451995”.

41 In section 171 (questions arising in proceedings), in subsection (1), omit
paragraph (b) and the “or” before it.

42 In section 178 (trustees and managers of schemes), in paragraph (a)—

(a) after “1985” insert “or”;

(b) 5omit “or Part II of Schedule 5 to the Child Support, Pensions and
Social Security Act 2000”.

43 (1) Section 181(1) (general interpretation) is amended as follows.

(2) In the appropriate places insert—

• ““the first abolition date” has the meaning given by section 7A;”

• 10““the second abolition date” has the meaning given by section 7A;”

• ““the principal appointed day” means 6 April 1997 (which is the day
  designated as the principal appointed day for the purposes of Part 3
  of the Pensions Act 1995);”

• ““salary related contracted-out scheme” is to be construed in
  15accordance with section 7B;”.

(3) Omit the definition of “abolition date”.

(4) In the definition of “appropriate scheme” and “appropriate scheme
certificate”, for “section 181A” substitute “section 7B”.

(5) In the definition of “contracting-out certificate”, for “section 7 and section
20181A” substitute “section 7B”.

(6) In the definition of “contributions equivalent premium”, for “has the
meaning given in” substitute “means a premium that was paid under”.

(7) In the definition of “earner” and “earnings”, after “in accordance with” insert
“section 8(1B) of this Act and”.

(8) 25In the definition of “money purchase contracted-out scheme”, for “section
181A” substitute “section 7B”.

44 Section 181A (interpretation of references to money purchase contracted-out
schemes or appropriate schemes after first abolition date) is repealed.

45 In section 185 (consultation about other regulations), omit subsection (9).

46 (1) 30Schedule 2 (certification regulations) is amended as follows.

(2) Omit paragraphs 1 to 4.

(3) In paragraph 5(3A), for “a contracted-out occupational pension scheme
which is being wound up if,” substitute “a scheme which was a contracted-
out occupational pension scheme and which was being wound up before the
35second abolition date”.

(4) Omit paragraphs 6 to 8.

47 (1) Schedule 4 (priority in bankruptcy) is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1), after “contributions to a” insert “Northern
40Ireland”;

(b) in sub-paragraph (5), at the appropriate place insert—

• ““Northern Ireland salary related contracted-out
  scheme” means a salary related contracted-out
  scheme within the meaning of the Pension Schemes
  5(Northern Ireland) Act 1993 (and references to
  employment that is contracted-out by reference to a
  scheme are to be read accordingly);”.

(3) In paragraph 3—

(a) in sub-paragraph (1), after “on account of a” insert “Northern
10Ireland”;

(b) after sub-paragraph (5) insert—

“(6) In this paragraph “Northern Ireland contributions
equivalent premium” means a contributions equivalent
premium within the meaning of the Pension Schemes
15(Northern Ireland) Act 1993.”

(4) Omit paragraph 4(2).

Part 2 Other Acts: amendments

Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

48 20The Contributions and Benefits Act is amended as follows.

49 In section 1 (outline of contributory system), in subsection (3), omit the
words after paragraph (b).

50 In section 4C (power to make provision in consequence of provision made
by virtue of section 4B(2) etc), in subsection (5), in each of paragraphs (a)
25and (b) omit the words from “, including” to the end.

51 In section 8 (calculation of primary Class 1 contributions), in subsection (3),
omit paragraph (c) and the “and” before it.

52 In section 9 (calculation of secondary Class 1 contributions), in
subsection (3), omit paragraph (c) and the “and” before it.

53 30In section 20 (descriptions of contributory benefits), in subsection (3), for
“(reduction in state scheme contributions and benefits for members of
certified schemes)” substitute “(reduction in benefits for members of
schemes that were contracted-out)”.

54 In Schedule 1 (supplementary provisions relating to national insurance
35contributions), in paragraph 1, omit sub-paragraphs (2), (3), (6) and (9)
to (11).

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

55 The Administration Act is amended as follows.

56 In section 150 (annual up-rating of benefits), in subsection (10A), for “the
40abolition date, as defined by section 181(1) of the Pensions Act,” substitute
“6 April 2012 (the date appointed for the commencement of section 15(1) of
the Pensions Act 2007)”.

57 In section 191 (interpretation - general)—

(a) in the definition of “money purchase contracted-out scheme”, for
“section 181A” substitute “section 7B”;

(b) in the definition of “personal pension scheme” etc, for “section
5181A(6)” substitute “section 7B(6)”.

Pensions Act 1995 (c. 26)Pensions Act 1995 (c. 26)

58 The Pensions Act 1995 is amended as follows.

59 (1) Section 51 (annual increase in rate of pension) is amended as follows.

(2) For “the appointed day” (in each place) substitute “6 April 1997”.

(3) 10For subsection (8) substitute—

“(8) An occupational pension scheme is a “relevant occupational pension
scheme” if—

(a) it has not, at any time on or after 6 April 1997, been a salary
related contracted-out scheme (see section 7B of the Pension
15Schemes Act 1993), or

(b) it has, at any time on or after 6 April 1997, been a salary
related contracted-out scheme but no person is entitled to
receive, or has accrued rights to, benefits under the scheme
attributable to a period on or after that day when it was such
20a scheme.”

60 In section 54 (sections 51 to 53: supplementary), in subsection (3), omit the
definition of “the appointed day”.

61 For section 69 substitute—

“69 Grounds for applying for modifications: winding up registered
25schemes

(1) The Authority may, on an application made to them by the trustees
of a registered pension scheme which is being wound up, make an
order—

(a) modifying the scheme for the purpose of enabling assets
30remaining after the liabilities of the scheme have been fully
discharged to be distributed to the employer, or

(b) authorising the trustees to modify the scheme for that
purpose.

(2) But the Authority may act under subsection (1) only if prescribed
35requirements in relation to the distribution are satisfied.

(3) Regulations may make provision requiring applications under
subsection (1) to meet prescribed requirements.

(4) Regulations may provide that in prescribed circumstances this
section does not apply to schemes falling within a prescribed class or
40description or applies to them with prescribed modifications.

(5) In this section “registered pension scheme” means an occupational
pension scheme registered under section 153 of the Finance Act 2004
(other than a public service pension scheme).”

62 In section 70 (section 69: supplementary), omit subsection (3).

63 In section 71 (effect of orders under section 69), in subsection (1)—

(a) for “paragraph (a)” substitute “paragraph (b)”;

(b) for “paragraph (b)” substitute “paragraph (a)”;

(64) 5In section 72 (modification of public service pension schemes), in subsection (1), for “section 69(1)(b)” substitute “section 69(1)(a)”.

65 Sections 136(1), (3) and (5), 137(3) and (4) and 148 (amendments to do with
contracting-out) are repealed.

Employment Rights Act 1996 (c. 18)Employment Rights Act 1996 (c. 18)

66 The Employment Rights Act 1996 is amended as follows.

67 10In section 3 (note to be included in statement of initial employment
particulars), omit subsection (5).

68 In section 11 (references to employment tribunals), in subsection (3), omit
paragraph (a) (including the “and” at the end of it).

Child Support, Pensions and Social Security Act 2000 (c. 19)Child Support, Pensions and Social Security Act 2000 (c. 19)

69 15The Child Support, Pensions and Social Security Act 2000 is amended as
follows.

70 (1) Section 42 (disclosure of state pension information) is amended as follows.

(2) In subsection (3)(d), omit “which is not contracted-out employment”.

(3) In subsection (11), omit the definition of “contracted-out employment”.

71 20Part 2 of Schedule 5 (alternative to anti-franking rules) is repealed.

Employment Act 2002 (c. 22)Employment Act 2002 (c. 22)

72 In section 15 of the Employment Act 2002 (use of information by HMRC), in
subsection (2)(c), for “(certification of pension schemes etc)” substitute
“(schemes that were contracted-out etc)”.

25Companies Act 2006 (c. 46)Companies Act 2006 (c. 46)

73 The Companies Act 2006 is amended as follows.

74 In section 140 (interests to be disregarded: employer’s rights of recovery
under pension scheme or employee’s share scheme), in subsection (2), omit
“section 61 of the Pension Schemes Act 1993 or”.

75 30In section 673 (interests to be disregarded in determining whether company
has beneficial interest: employer’s charges and other rights of recovery), in
subsection (1)(b), omit sub-paragraph (ii).

Pensions Act 2007 (c. 22)Pensions Act 2007 (c. 22)

76 The Pensions Act 2007 is amended as follows.

77 (1) 35Section 15 (abolition of contracting-out for defined contribution pension
schemes) is amended as follows.

(2) In subsection (1), for “the abolition date” substitute “6 April 2012”.

(3) In subsection (2), omit the definition of “the abolition date”.

(4) In subsection (4), for “the abolition date” (in each place) substitute “6 April
2012”.

78 5In section 27 (consequential provision, repeals and revocations), in
subsection (6), for “the abolition date (within the meaning of section 15)”
substitute “6 April 2012”.

79 (1) Schedule 4 (abolition of contracting-out for defined contribution pension
schemes) is amended as follows.

(2) 10In paragraphs 61, 62(1), (2)(a) and (b)(i) and (3), 65 and 66(2) for “the
abolition date” (in each place) substitute “6 April 2012”.

(3) In paragraph 67(1) omit the definition of “the abolition date”.

Pensions Act 2008 (c. 30)2008 (c. 30)

80 The Pensions Act 2008 is amended as follows.

81 15For section 21 substitute—

“21 Quality requirement: UK defined benefits schemes

A defined benefits scheme that has its main administration in the
United Kingdom satisfies the quality requirement in relation to a
jobholder if it satisfies the test scheme standard in relation to that
20jobholder.”

82 In section 22 (test scheme standard), for subsection (2) substitute—

“(2) Subject to subsection (3), the relevant members are J and all active
members who are jobholders of the same employer as J.”

Section 24

SCHEDULE 14 25Power to amend schemes to reflect abolition of contracting-out

Introduction

1 This Schedule is about the power under section 24(2) to amend an
occupational pension scheme in relation to some or all of its members.

What can the power be used to do?

2 (1) 30The power may be used—

(a) to increase the employee contributions of the relevant members;

(b) to alter the future accrual of benefits for or in respect of them.

(2) But the power may not be used in a way that would—

(a) increase the amount of the total annual employee contributions of
35the relevant members by more than the annual increase in the
employer’s national insurance contributions in respect of them,

(b) reduce the amount of the scheme’s liabilities in respect of the benefits
that accrue annually for or in respect of the relevant members by
more than the annual increase in the employer’s national insurance
contributions in respect of them, or

(c) 5result in the sum of the amount of any increase in the total annual
employee contributions of the relevant members and the amount of
any reduction in the scheme’s liabilities in respect of the benefits that
accrue annually for or in respect of the relevant members being more
than the annual increase in the employer’s national insurance
10contributions in respect of the relevant members.

(3) Regulations are to define what is meant by—

(a) the total annual employee contributions of the relevant members;

(b) the annual increase in an employer’s national insurance
contributions in respect of the relevant members;

(c) 15a scheme’s liabilities in respect of the benefits that accrue annually
for or in respect of the relevant members.

(4) The regulations may make provision about the calculation of those amounts,
including provision requiring them to be calculated in accordance with
specified methods or assumptions.

(5) 20Regulations may create exceptions to sub-paragraph (2).

3 (1) The power may not be used in a way that would or might adversely affect
the subsisting rights of—

(a) a member of the scheme, or

(b) a survivor of a member of the scheme.

(2) 25“Subsisting right” and “survivor” have the meanings given by section 67A of
the Pensions Act 1995.

4 Regulations may impose further restrictions on the use of the power.

Creation of exceptions

5 The power may not be used to amend a scheme in relation to a member of a
30description specified in regulations under this paragraph.

Requirement for actuary’s certificate

6 (1) The power may be used only if an actuary has certified that the proposed
amendments would comply with such of the requirements imposed by or
under this Schedule as are specified in regulations under this paragraph.

(2) 35“Actuary” means—

(a) a person of a description specified in regulations, or

(b) a person approved by the Secretary of State.

When can the power be used?

7 The power may be used before or after the repeal of section 41 of the Pension
40Schemes Act 1993 comes into force (but amendments made under it must
not be framed so as to take effect before the repeal comes into force).

8 An amendment made before the repeal of section 41 of the Pension Schemes
Act 1993 comes into force does not take effect in relation to any relevant
members who have ceased to be in contracted-out employment by reference
to the scheme before the repeal comes into force.

5Can the power be used more than once?

9 (1) The power may be used to amend a scheme in relation to the same members
on more than one occasion.

(2) For the purposes of paragraph 2 as it applies in relation to the use of the
power on the second or subsequent occasion, all of the amendments are to
10be treated as if they were being made on that occasion.

(3) Regulations may make further provision modifying section 24(2) to (6) or
this Schedule (including paragraph 2) where the power is used to amend the
scheme in relation to the same members on more than one occasion.

Modifications for multi-employer or sectionalised schemes

10 (1) 15Regulations may modify section 24(2) to (6) or this Schedule as it applies in
relation to—

(a) multi-employer schemes, or

(b) schemes that have different rules for different members.

(2) “Multi-employer scheme” means a scheme in relation to which there is more
20than one employer.

The power overrides other legislation

11 An amendment under section 24 and this Schedule may be made in relation
to any member, and has effect, despite anything in any other enactment to
the contrary.

25Procedural requirements and supplementary matters

12 Regulations may impose procedural requirements about the use of the
power and the manner in which any amendments must be made.

13 Regulations under this Schedule may confer a discretion on a person.

Information

14 (1) 30Regulations may require the trustees or managers of an occupational
pension scheme to provide information requested by an employer in
connection with the powers given by section 24(2).

(2) The regulations may provide for section 10 of the Pensions Act 1995 (civil
penalties) to apply to a person who fails to comply with a requirement.

(3) 35In this paragraph “managers”, in relation to a pension scheme (other than a
scheme established under a trust), means the persons responsible for the
management of the scheme.

Definitions

15 In this Schedule—

Pensions BillPage 80

• “employee contributions” means, in relation to a member of a scheme,
  contributions made to the scheme by or on behalf of the member on
  his or her own account;

• “relevant member”, in relation to a scheme, means a current member in
  5relation to whom the scheme has been or is to be amended under
  section 24(2).

Section 30

SCHEDULE 15 Bereavement support payment: amendments

Forfeiture Act 1982 (c. 34)Forfeiture Act 1982 (c. 34)

1 10In section 4 of the Forfeiture Act 1982 (Upper Tribunal to decide whether
forfeiture rule applies to social security benefits), in the definition of
“relevant enactment” in subsection (5), after the entry relating to Part 1 of
this Act (inserted by Schedule 12 to this Act) insert—

• “section 29 of that Act,”.

15Social Security Contributions and Benefits Act 1992 (c. 4)Social Security Contributions and Benefits Act 1992 (c. 4)

2 The Social Security Contributions and Benefits Act 1992 is amended as
follows.

3 (1) Section 20 (descriptions of contributory benefits) is amended as follows.

(2) In subsection (1), for paragraph (ea) substitute—

“(ea) 20widowed parent’s allowance;”.

(3) In subsection (2), in the definition of “long-term benefit” omit paragraph
(bb).

4 (1) Section 21 (contribution conditions) is amended as follows.

(2) In the table in subsection (2) omit the entries for bereavement payment and
25bereavement allowance.

(3) Omit subsection (4).

5 In section 22 (earnings factors), in subsection (2), after paragraph (c)
(inserted by Schedule 12 to this Act) insert “and

(d) establishing entitlement to bereavement support payment
30under section 29 of the Pensions Act 2013.”

6 (1) Section 23A (contributions credits for relevant parents and carers) is
amended as follows.

(2) In subsection (1) omit paragraph (e).

(3) In subsection (6)(b) omit “or (e)”.

7 35For the italic heading above section 36 substitute “Bereavement benefits:
deaths before the day on which section 29 of the Pensions Act 2013 comes
into force”.

8 Section 36 (bereavement payment) is repealed.

9 Section 36A (cases in which sections 37 to 41 apply) is repealed.

10 (1) Section 37 (widowed mother’s allowance) is amended as follows.

(2) Before subsection (1) insert—

“(A1) This section applies only in cases where a woman’s husband has
5died before 9 April 2001.”

(3) At the end of the heading insert “: deaths before 9 April 2001”.

11 (1) Section 38 (widow’s pension) is amended as follows.

(2) Before subsection (1) insert—

“(A1) This section applies only in cases where a woman’s husband has
10died before 9 April 2001.”

(3) At the end of the heading insert “: deaths before 9 April 2001”.

12 In section 39A (widowed parent’s allowance), for subsection (1) substitute—

“(1) This section applies where—

(a) a person’s spouse or civil partner has died before the day on
15which section 29 of the Pensions Act 2013 comes into force
(but see subsection (1A)),

(b) the person has not married or formed a civil partnership after
the death but before that day, and

(c) the person is under pensionable age on that day.

(1A) 20This section does not apply in cases where a woman’s husband has
died before 9 April 2001.”

13 Section 39B (bereavement allowance where no dependent children) is
repealed.

14 (1) Section 39C (rate of widowed parent’s allowance and bereavement
25allowance) is amended as follows.

(2) Omit subsection (2).

(3) Omit subsection (5).

(4) In the heading omit “and bereavement allowance”.

15 In section 48B (Category B retirement pension for widows and widowers),
30in subsection (8), for “the appointed day (as defined by section 36A(3))”
substitute “9 April 2001”.

16 In section 48BB (Category B retirement pension: entitlement by reference to
benefits under section 39A or 39B), in subsection (3)(a)(i), after “bereavement
allowance” insert “under section 39B (before that section was repealed)”.

17 (1) 35Section 60 (complete or partial failure to satisfy contribution condition) is
amended as follows.

(2) In subsection (1) omit paragraph (ab).

(3) In subsection (3) omit paragraphs (a) and (bb).

18 (1) Schedule 3 (contribution conditions for entitlement to benefit) is amended as
40follows.

(2) Omit paragraph 4 and the italic heading above it.

(3) Omit paragraphs 7 and 9.

19 In Schedule 4 (rates of benefits etc) omit Part 2.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

20 5The Social Security Administration Act 1992 is amended as follows.

21 (1) Section 1 (entitlement to benefit dependent on claim) is amended as follows.

(2) For subsection (2) substitute—

“(2) Where under subsection (1) a person is required to make a claim or
to be treated as making a claim for a benefit in order to be entitled to
10it, the person is not entitled to it in respect of any period more than
12 months before the date on which the claim is made or treated as
made.

(2A) But subsection (2) does not apply—

(a) to disablement benefit or reduced earnings allowance, or

(b) 15in a case where a claim for the benefit is made or treated as
made by virtue of section 3(2).”

(3) In subsection (4), after paragraph (zb) (inserted by Schedule 12 to this Act)
insert—

“(zc) bereavement support payment under section 29 of the
20Pensions Act 2013;”.

22 In section 2A (claim or full entitlement to certain benefits conditional on
work-focused interview), in subsection (2)(d), omit “(other than a
bereavement payment)”.

23 (1) Section 3 (late claims for bereavement benefit where death is difficult to
25establish) is amended as follows.

(2) Subsection (3) is repealed.

(3) After subsection (4) insert—

“(5) In subsection (2) “bereavement benefit” means—

(a) bereavement support payment, or

(b) 30widowed parent’s allowance.”

24 In section 5 (regulations about claims for and payments of benefits), in
subsection (2), after paragraph (zb) (inserted by Schedule 12 to this Act)
insert—

“(zc) bereavement support payment under section 29 of the
35Pensions Act 2013;”.

25 In section 71 (overpayments - general), in subsection (11), after paragraph
(ad) insert—

“(ae) bereavement support payment under section 29 of the
Pensions Act 2013;”.

26 40In section 121DA (interpretation of Part 6), in subsection (1), after paragraph
(hl) (inserted by Schedule 12 to this Act) insert—

“(hm) Part 4 of the Pensions Act 2013;”.

27 In section 122B (supply of other government information for fraud
prevention and verification), in subsection (3)(b), after “, Part 1 of the
Pensions Act 2013” (inserted by Schedule 12 to this Act) insert “, section 29
of that Act”.

28 5In section 124 (age, death and marriage), in subsection (1), after
paragraph (af) (inserted by Schedule 12 to this Act) insert—

“(ag) of section 29 of the Pensions Act 2013; and”.

29 In section 125 (regulations as to notification of deaths), in subsection (1),
after “, Part 1 of the Pensions Act 2013” (inserted by Schedule 12 to this Act)
10insert “, section 29 of that Act”.

30 In section 150 (annual up-rating of benefits), in subsection (1), after
paragraph (p) (inserted by Schedule 12 to this Act) insert—

“(q) specified in regulations under section 29 of the Pensions Act
2013 (bereavement support payment).”

31 (1) 15Section 163 (general financial arrangements) is amended as follows.

(2) In subsection (1), after paragraph (za) (inserted by Schedule 12 to this Act)
insert—

“(zb) bereavement support payment under section 29 of the
Pensions Act 2013;”.

(3) 20In subsection (2)(a), after “, Part 1 of the Pensions Act 2013” (inserted by
Schedule 12 to this Act) insert “, section 29 of that Act”.

(4) In subsection (3)(b), after “or Part 1 of the Pensions Act 2013” (inserted by
Schedule 12 to this Act) insert “or section 29 of that Act”.

32 In section 170 (Social Security Advisory Committee), in subsection (5)—

(a) 25in the definition of “the relevant enactments”, after paragraph (am)
(inserted by Schedule 12 to this Act) insert—

• “(an)

  section 29 of the Pensions Act 2013;”;

(b) in the definition of “the relevant Northern Ireland enactments”, after
paragraph (am) (inserted by Schedule 12 to this Act) insert—

• “(an)

  30any provisions in Northern Ireland which
  correspond to section 29 of the Pensions Act
  2013;”.

33 (1) Section 179 (reciprocal agreements) is amended as follows.

(2) In subsection (3)(a), after “Pensions Act 2013” (inserted by Schedule 12 to
35this Act) insert “, Part 4 of that Act”.

(3) In subsection (4), after paragraph (ai) (inserted by Schedule 12 to this Act)
insert—

“(aj) to Part 4 of the Pensions Act 2013;”.

(4) In subsection (5)—

(a) 40after “Pensions Act 2013” (inserted by Schedule 12 to this Act) insert
“or section 29 of that Act”;

(b) after paragraph (ad) (inserted by Schedule 12 to this Act) insert—

“(ae) bereavement support payment;”.

34 In section 187 (inalienability), in subsection (1), after paragraph (ad) insert—

“(ae) bereavement support payment under section 29 of the
Pensions Act 2013;”.

35 In section 191 (interpretation), in the definition of “benefit”, for “and
5personal independence payment” substitute “, personal independence
payment and bereavement support payment under section 29 of the
Pensions Act 2013”.

Social Security Act 1993 (c. 3)Social Security Act 1993 (c. 3)

36 In section 2 of the Social Security Act 1993 (payments into National
10Insurance Fund out of money provided by Parliament), in subsection (4)(a),
after “(za),” (inserted by Schedule 12 to this Act) insert “(zb),”.

Social Security Act 1998 (c. 14)Social Security Act 1998 (c. 14)

37 The Social Security Act 1998 is amended as follows.