Social Security Contributions and Benefits Act 1992

• (c) in sub-paragraph (4), after paragraph (a), there were inserted—

(b) one half of the appropriate amount; and

.

• (4) Paragraph 6A applies as if in sub-paragraph (2), after paragraph (a), there were inserted—

(b) one half of the appropriate amount; and

.

• (5) In paragraphs 5A to 6A as modified by this paragraph, the “appropriate amount” means the greater of—

• (a) the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 150(1)(e) of the Administration Act; or

• (b) the amount by which his or her Category A or Category B retirement pension would have been so increased had he or she died immediately before the surviving spouse or civil partner became entitled to a Category A or Category B retirement pension.

• (6) In sub-paragraph (1)(a) the reference to becoming entitled to a pension before 6 April 2012 includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day.

Entitlement to lump sum where pensioner’s deceased spouse or civil partner has deferred entitlement

7A

• (1) This paragraph applies where a person to whom paragraph 3C applies (“W”) has made (or is treated as having made) an election under paragraph 3C(2)(b).

• (2) W is entitled to an amount calculated in accordance with paragraph 7B (a “widowed person’s or surviving civil partner's lump sum”).

Calculation of widowed person’s or surviving civil partner's lump sum

7B

• (1) The widowed person’s or surviving civil partner's lump sum is the accrued amount for the last accrual period beginning during the period which—

• (a) began at the beginning of S’s period of deferment, and

• (b) ended on the day before S’s death.

• (2) In this paragraph—

• ‘S’ means the other party to the marriage or civil partnership;

• ‘accrued amount’ means the amount calculated in accordance with sub-paragraph (3);

• ‘accrual period’ means any period of seven days beginning with a prescribed day of the week, where that day falls within S’s period of deferment.

• (3) The accrued amount for an accrual period for W is—

$$(A+P)×(1+R100)52$where—A is the accrued amount for the previous accrual period (or, in the case of the first accrual period beginning during the period mentioned in sub-paragraph (1), zero);P is—the basic pension, andhalf of the additional pension,to which S would have been entitled for the accrual period if his entitlement had not been deferred during the period mentioned in sub-paragraph (1);R is—a percentage rate two per cent. higher than the Bank of England base rate, orif regulations so provide, such higher rate as may be prescribed.$

• (4) For the purposes of sub-paragraph (3), any change in the Bank of England base rate is to be treated as taking effect—

• (a) at the beginning of the accrual period immediately following the accrual period during which the change took effect, or

• (b) if regulations so provide, at such other time as may be prescribed.

• (5) For the purposes of the calculation of the widowed person’s or surviving civil partner's lump sum, the amount of Category A or Category B retirement pension to which S would have been entitled for an accrual period—

• (a) includes any increase under section 47(1) and any increase under paragraph 4 of this Schedule, but

• (b) does not include—

• (i) any increase under section 83A or 85 or paragraphs 5 to 6A of this Schedule ... ,

• (ii) any graduated retirement benefit, or

• (iii) in prescribed circumstances, such other amount of Category A or Category B retirement pension as may be prescribed.

• (6) The reference in sub-paragraph (5)(a) to any increase under subsection (1) of section 47 shall be taken as a reference to any increase that would take place under that subsection if subsection (2) of that section and section 46(5) of the Pensions Act were disregarded.

• (7) In any case where—

• (a) there is a period between the death of S and the date on which W becomes entitled to a Category A or Category B retirement pension, and

• (b) one or more orders have come into force under section 150 of the Administration Act during that period,

the amount of the lump sum shall be increased in accordance with that order or those orders.

Supplementary

7C

• (1) Any lump sum calculated under paragraph 3B or 7B must be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above.

• (2) In prescribing a percentage rate for the purposes of paragraphs 3B and 7B, the Secretary of State must have regard to—

• (a) the national economic situation, and

• (b) any other matters which he considers relevant.

Married couples and civil partners

8

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The conditions in paragraph 3C(1)(c) and 4(1)(a) are not satisfied by a Category B retirement pension to which S was or would have been entitled by virtue of W’s contributions.

• (5) Where the Category A retirement pension to which S was or would have been entitled includes an increase under section 51A(2) attributable to W’s contributions, the increase or lump sum to which W is entitled under paragraph 4(1A) or 7A(2) is to be calculated as if there had been no increase under that section.

• (6) In sub-paragraphs (4) and (5), “W” and “S” have the same meaning as in paragraph 3C, 4 or 7A, as the case requires.

Uprating

9

The sums which are the increases in the rates of retirement pensions under this Schedule are subject to alteration by order made by the Secretary of State under section 150 of the Administration Act.

SCHEDULE 5A

Choice between pension increase and lump sum where entitlement to shared additional pension is deferred

1

• (1) Where a person’s entitlement to a shared additional pension is deferred and the period of deferment is at least 12 months, the person shall, on claiming his pension or within a prescribed period after claiming it, elect in the prescribed manner either—

• (a) that paragraph 2 (entitlement to increase of pension) is to apply in relation to the period of deferment, or

• (b) that paragraph 4 (entitlement to lump sum) is to apply in relation to the period of deferment.

• (2) If no election under sub-paragraph (1) is made within the period prescribed under that sub-paragraph, the person is to be treated as having made an election under sub-paragraph (1)(b).

• (3) Regulations—

• (a) may enable a person who has made an election under sub-paragraph (1) (including one that the person is treated by sub-paragraph (2) as having made) to change the election within a prescribed period and in a prescribed manner, if prescribed conditions are satisfied, and

• (b) if they enable a person to make an election under sub-paragraph (1)(b) in respect of a period of deferment after receiving any increase of pension under paragraph 2 by reference to that period, may for the purpose of avoiding duplication of payment—

• (i) enable an amount determined in accordance with the regulations to be recovered from the person in a prescribed manner and within a prescribed period, or

• (ii) provide for an amount determined in accordance with the regulations to be treated as having been paid on account of the amount to which the person is entitled under paragraph 4.

Increase of pension where entitlement deferred

2

• (1) This paragraph applies where a person’s entitlement to a shared additional pension is deferred and either—

• (a) the period of deferment is less than 12 months, or

• (b) the person has made an election under paragraph 1(1)(a) in relation to the period of deferment.

• (2) The rate of the person’s shared additional pension shall be increased by an amount equal to the aggregate of the increments to which he is entitled under paragraph 3, but only if that amount is enough to increase the rate of the pension by at least 1 per cent.

Calculation of increment

3

• (1) A person is entitled to an increment under this paragraph for each complete incremental period in his period of deferment.

• (2) The amount of the increment for an incremental period shall be 1/ 5th per cent. of the weekly rate of the shared additional pension to which the person would have been entitled for the period if his entitlement had not been deferred.

• (3) Amounts under sub-paragraph (2) shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny.

• (4) Where an amount under sub-paragraph (2) would, apart from this sub-paragraph, be a sum less than 1/2p, the amount shall be taken to be zero, notwithstanding any other provision of this Act, the Pensions Act or the Administration Act.

• (5) In this paragraph “incremental period” means any period of six days which are treated by regulations as days of increment for the purposes of this paragraph in relation to the person and pension in question.

• (6) Where one or more orders have come into force under section 150 of the Administration Act during the period of deferment, the rate for any incremental period shall be determined as if the order or orders had come into force before the beginning of the period of deferment.

• (7) The sums which are the increases in the rates of shared additional pension under this paragraph are subject to alteration by order made by the Secretary of State under section 150 of the Administration Act.

Lump sum where entitlement to shared additional pension is deferred

4

• (1) This paragraph applies where—

• (a) a person’s entitlement to a shared additional pension is deferred, and

• (b) the person has made (or is treated as having made) an election under paragraph 1(1)(b) in relation to the period of deferment.

• (2) The person is entitled to an amount calculated in accordance with paragraph 5 (a “lump sum”).

Calculation of lump sum

5

• (1) The lump sum is the accrued amount for the last accrual period beginning during the period of deferment.

• (2) In this paragraph—

• ‘accrued amount’ means the amount calculated in accordance with sub-paragraph (3);

• ‘accrual period’ means any period of seven days beginning with a prescribed day of the week, where that day falls within the period of deferment.

• (3) The accrued amount for an accrual period for a person is—

$$(A+P)×(1+R100)52$where—A is the accrued amount for the previous accrual period (or, in the case of the first accrual period beginning during the period of deferment, zero);P is the amount of the shared additional pension to which the person would have been entitled for the accrual period if his entitlement had not been deferred;R is—a percentage rate two per cent. higher than the Bank of England base rate, orif a higher rate is prescribed for the purposes of paragraphs 3B and 7B of Schedule 5, that higher rate.$

• (4) For the purposes of sub-paragraph (3), any change in the Bank of England base rate is to be treated as taking effect—

• (a) at the beginning of the accrual period immediately following the accrual period during which the change took effect, or

• (b) if regulations so provide, at such other time as may be prescribed.

• (5) For the purpose of the calculation of the lump sum, the amount of the shared additional pension to which the person would have been entitled for an accrual period does not include, in prescribed circumstances, such amount as may be prescribed.

• (6) The lump sum must be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny.

SCHEDULE 6

General provisions as to method of assessment

1

For the purposes of section ...103 above and Part II of Schedule 7 to this Act, the extent of disablement shall be assessed, by reference to the disabilities incurred by the claimant as a result of the relevant loss of faculty, in accordance with the following general principles—

• (a) except as provided in paragraphs (b) to (d) below, the disabilities to be taken into account shall be all disabilities so incurred (whether or not involving loss of earning power or additional expense) to which the claimant may be expected, having regard to his physical and mental condition at the date of the assessment, to be subject during the period taken into account by the assessment as compared with a person of the same age and sex whose physical and mental condition is normal;

• (b) ...regulations may make provision as to the extent (if any) to which any disabilities are to be taken into account where they are disabilities which, though resulting from the relevant loss of faculty, also result, or without the relevant accident might have been expected to result, from a cause other than the relevant accident;

• (c) the assessment shall be made without reference to the particular circumstances of the claimant other than age, sex, and physical and mental condition;

• (d) the disabilities resulting from such loss of faculty as may be prescribed shall be taken as amounting to 100 per cent. disablement and other disabilities shall be assessed accordingly.

2

Provision may be made by regulations for further defining the principles on which the extent of disablement is to be assessed and such regulations may in particular direct that a prescribed loss of faculty shall be treated as resulting in a prescribed degree of disablement; and, in connection with any such direction, nothing in paragraph 1(c) above prevents the making of different provision, in the case of loss of faculty in or affecting hand or arm, for right-handed and for left-handed persons.

3

Regulations under paragraph 1(d) or 2 above may include provision—

• (a) for adjusting or reviewing an assessment made before the date of the coming into force of those regulations;

• (b) for any resulting alteration of that assessment to have effect as from that date;

so however that no assessment shall be reduced by virtue of this paragraph.

Severe disablement allowance

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disablement benefit

6

• (1) Subject to sub-paragraphs (2) and (3) below, the period to be taken into account by an assessment for the purposes of section 103 above and Part II of Schedule 7 to this Act of the extent of a claimant’s disablement shall be the period (beginning not earlier than the end of the period of 90 days referred to in section 103(6) above and in paragraph 9(3) of that Schedule and limited by reference either to the claimant’s life or to a definite date) during which the claimant has suffered and may be expected to continue to suffer from the relevant loss of faculty.

• (2) If on any assessment the condition of the claimant is not such, having regard to the possibility of changes in that condition (whether predictable or not), as to allow of a final assessment being made up to the end of the period provided by sub-paragraph (1) above, then, subject to sub-paragraph (3) below—

• (a) a provisional assessment shall be made, taking into account such shorter period only as seems reasonable having regard to his condition and that possibility; and

• (b) on the next assessment the period to be taken into account shall begin with the end of the period taken into account by the provisional assessment.

• (3) Where the assessed extent of a claimant’s disablement amounts to less than 14 per cent., then, subject to sub-paragraphs (4) and (5) below, that assessment shall be a final assessment and the period to be taken into account by it shall not end before the earliest date on which it seems likely that the extent of the disablement will be less than 1 per cent.

• (4) Sub-paragraph (3) above does not apply in any case where it seems likely that—

• (a) the assessed extent of the disablement will be aggregated with the assessed extent of any present disablement, and

• (b) that aggregate will amount to 14 per cent. or more.

• (5) Where the extent of the claimant’s disablement is assessed at different percentages for different parts of the period taken into account by the assessment, then—

• (a) sub-paragraph (3) above does not apply in relation to the assessment unless the percentage assessed for the latest part of that period is less than 14 per cent., and

• (b) in any such case that sub-paragraph shall apply only in relation to that part of that period (and subject to sub-paragraph (4) above).

7

An assessment for the purposes of section 103 above and Part II of Schedule 7 to this Act shall—

• (a) state the degree of disablement in the form of a percentage;

• (b) specify the period taken into account by the assessment; and

• (c) where that period is limited by reference to a definite date, specify whether the assessment is provisional or final;

but the percentage and the period shall not be specified more particularly than is necessary for the purpose of determining in accordance with section 103 above and Parts II and IV of Schedule 7 to this Act the claimant’s rights as to disablement pension or gratuity and reduced earnings allowance (whether or not a claim has been made).

Special provision as to entitlement to constant attendance allowance, etc.

8

• (1) For the purpose of determining whether a person is entitled—

• (a) to an increase of a disablement pension under section 104 above; or

• (b) to a corresponding increase of any other benefit by virtue of paragraph 6(4)(b) or 7(2)(b) of Schedule 8 to this Act,

regulations may provide for the extent of the person’s disablement resulting from the relevant injury or disease to be determined in such manner as may be provided for by the regulations by reference to all disabilities to which that person is subject which result either from the relevant injury or disease or from any other injury or disease in respect of which there fall to be made to the person payments of any of the descriptions listed in sub-paragraph (2) below.

• (2) Those payments are—

• (a) payments by way of disablement pension;

• (b) payments by way of benefit under paragraph 4 or 7(1) of Schedule 8 to this Act; or

• (c) payments in such circumstances as may be prescribed by way of such other benefit as may be prescribed (being benefit in connection with any hostilities or with service as a member of Her Majesty’s forces or of such other organisation as may be specified in the regulations).

SCHEDULE 7

Part I — Unemployability supplement

Availability

1

This Part of this Schedule applies only in relation to persons who were beneficiaries in receipt of unemployability supplement under section 58 of the 1975 Act immediately before 6th April 1987.

Rate and duration

2

• (1) The weekly rate of a disablement pension shall, if as the result of the relevant loss of faculty the beneficiary is incapable of work and likely to remain so permanently, be increased by the amount specified in Schedule 4, Part V, paragraph 5.

• (2) An increase of pension under this paragraph is referred to in this Act as an “unemployability supplement”.

• (3) For the purposes of this paragraph a person may be treated as being incapable of work and likely to remain so permanently, notwithstanding that the loss of faculty is not such as to prevent him being capable of work, if it is likely to prevent his earnings in a year exceeding a prescribed amount not less than £104.

• (4) An unemployability supplement shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time.

Increase of unemployability supplement

3

• (1) Subject to the following provisions of this paragraph, if on the qualifying date the beneficiary was—

• (a) a man under the age of 60, or

• (b) a woman under the age of 55,

the weekly rate of unemployability supplement shall be increased by the appropriate amount specified in Schedule 4, Part V, paragraph 6.

• (2) Where for any period the beneficiary is entitled to a Category A or Category B retirement pension ... and the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) above, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under this paragraph and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it.

• (3) In this paragraph “the relevant amount” means an amount equal to the additional pension reduced by the amount of any reduction in the weekly rate of the retirement ... made by virtue of section 46 of the Pensions Act.

• (3A) In sub-paragraphs (2) and (3) above references to additional pension do not include any amount of additional pension attributable to units of additional pension.

• (3B) For units of additional pension, see section 14A.

• (4) In this paragraph references to an additional pension are references to that pension after any increase under section 52(3) above but without any increase under paragraphs 1 and 2 of Schedule 5 to this Act.

• (5) In this paragraph “the qualifying date” means, subject to sub-paragraphs (6) and (7) below, the beginning of the first week for which the beneficiary qualified for unemployability supplement.

• (6) If the incapacity for work in respect of which unemployability supplement is payable forms part of a period of interruption of employment which has continued from a date earlier than the date fixed under sub-paragraph (5) above, the qualifying date means the first day in that period which is a day of incapacity for work, or such earlier day as may be prescribed.

• (7) Subject to sub-paragraph (6) above, if there have been two or more periods for which the beneficiary was entitled to unemployability supplement, the qualifying date shall be, in relation to unemployability supplement for a day in any one of those periods, the beginning of the first week of that period.

• (8) For the purposes of sub-paragraph (7) above—

• (a) a break of more than 8 weeks in entitlement to unemployability supplement means that the periods before and after the break are two different periods; and

• (b) a break of 8 weeks or less is to be disregarded.

• (9) The Secretary of State may by regulations provide that sub-paragraph (8) above shall have effect as if for the references to 8 weeks there were substituted references to a larger number of weeks specified in the regulations.

• (10) In this paragraph “period of interruption of employment” has the same meaning as a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.

• (11) The provisions of this paragraph are subject to section 46(6) and (7) (entitlement to guaranteed minimum pensions and increases of unemployability supplement).

Increase for beneficiary’s dependent children and qualifying young persons

4

• (1) Subject to the provisions of this paragraph and paragraph 5 below, the weekly rate of a disablement pension where the beneficiary is entitled to an unemployability supplement shall be increased for any period during which the beneficiary is entitled to child benefit in respect of one or more children or qualifying young persons.

• (2) The amount of the increase shall be as specified in Schedule 4, Part V, paragraph 7.

• (3) In any case where—

• (a) a beneficiary is one of two persons who are—

• (i) spouses or civil partners residing together, or

• (ii) two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners, and

• (b) the other person had earnings in any week,

the beneficiary’s right to payment of increases for the following week under this paragraph shall be determined in accordance with sub-paragraph (4) below.

• (4) No such increase shall be payable—

• (a) in respect of the first child or qualifying young person where the earnings were £215 or more; and

• (b) in respect of a further child or qualifying young person for each complete £28 by which the earnings exceeded £215.

• (5) The Secretary of State may by order substitute larger amounts for the amounts for the time being specified in sub-paragraph (4) above.

• (6) In this paragraph “week” means such period of 7 days as may be prescribed by regulations made for the purposes of this paragraph.

Additional provisions as to increase under paragraph 4

5

• (1) An increase under paragraph 4 above of any amount in respect of a particular child or qualifying young person shall for any period be payable only if during that period one or other of the following conditions is satisfied with respect to the child or qualifying young person—

• (a) the beneficiary would be treated for the purposes of Part IX of this Act as having the child or qualifying young person living with him; or

• (b) the requisite contributions are being made to the cost of providing for the child or qualifying young person.

• (2) The condition specified in paragraph (b) of sub-paragraph (1) above is to be treated as satisfied if, and only if—

• (a) such contributions are being made at a weekly rate not less than the amount referred to in that sub-paragraph—

• (i) by the beneficiary, or

• (ii) where the beneficiary is one of two spouses or civil partners residing together, by them together; and

• (b) except in prescribed cases, the contributions are over and above those required for the purposes of satisfying section 143(1)(b) above.

Increase for adult dependants

6

• (1) The weekly rate of a disablement pension where the beneficiary is entitled to an unemployability supplement shall be increased under this paragraph for any period during which—

• (a) the beneficiary is—

• (i) residing with his spouse or civil partner, or

• (ii) contributing to the maintenance of his spouse or civil partner at the requisite rate; or

• (b) a person—

• (i) who is neither the spouse or civil partner of the beneficiary nor a child or qualifying young person, and

• (ii) in relation to whom such further conditions as may be prescribed are fulfilled,

has the care of one or more children or qualifying young persons in respect of whom the beneficiary is entitled to child benefit.

• (2) The amount of the increase under this paragraph shall be that specified in Schedule 4, Part V, paragraph 8 and the requisite rate for the purposes of sub-paragraph (1)(a) above is a weekly rate not less than that amount.

• (3) Regulations may provide that, for any period during which—

• (a) the beneficiary is contributing to the maintenance of his or her spouse or civil partner at the requisite rate, and

• (b) the weekly earnings of the spouse or civil partner exceed such amount as may be prescribed,

there shall be no increase of benefit under this paragraph.

• (4) Regulations may provide that, for any period during which the beneficiary is residing with his or her spouse or civil partner and the spouse or civil partner has earnings—

• (a) the increase of benefit under this paragraph shall be subject to a reduction in respect of the spouse’s or civil partner's earnings; or

• (b) there shall be no increase of benefit under this paragraph.

• (5) Regulations may, in a case within sub-paragraph (1)(b) above in which the person there referred to is residing with the beneficiary and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this paragraph, but subject, taking account of the earnings of the person residing with the beneficiary, other than such of that person’s earnings from employment by the beneficiary as may be prescribed, to provisions comparable to those that may be made by virtue of sub-paragraph (4) above.

• (6) Regulations under this paragraph may, in connection with any reduction or extinguishment of an increase in benefit in respect of earnings, prescribe the method of calculating or estimating the earnings.

• (7) A beneficiary shall not be entitled to an increase of benefit under this paragraph in respect of more than one person for the same period.

Earnings to include occupational and personal pensions for purposes of disablement pension

7

• (1) Except as may be prescribed, any reference to earnings in paragraph 4 or 6 above includes a reference to payments by way of occupational or personal pension.

• (2) For the purposes of those paragraphs, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational or personal pension are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.

Dependency increases: continuation of awards in cases of fluctuating earnings

8

• (1) Where a beneficiary—

• (a) has been awarded an increase of benefit under paragraph 4 or 6 above, but

• (b) ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount,

then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount.

• (2) In this paragraph the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this paragraph, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.

Part II — Disablement gratuity

9

• (1) An employed earner shall be entitled to a disablement gratuity, if—

• (a) he made a claim for disablement benefit before 1st October 1986;

• (b) he suffered as the result of the relevant accident from loss of physical or mental faculty such that the extent of the resulting disablement assessed in accordance with Schedule 6 to this Act amounts to not less than 1 per cent.; and

• (c) the extent of the disablement is assessed for the period taken into account as amounting to less than 20 per cent.

• (2) A disablement gratuity shall be—

• (a) of an amount fixed, in accordance with the length of the period and the degree of the disablement, by a prescribed scale, but not in any case exceeding the amount specified in Schedule 4, Part V, paragraph 9; and

• (b) payable, if and in such cases as regulations so provide, by instalments.

• (3) A person shall not be entitled to disablement gratuity until after the expiry of the period of 90 days (disregarding Sundays) beginning with the day of the relevant accident.

Part III — Increase of disablement pension during hospital treatment

10

• (1) This Part of this Schedule has effect in relation to a period during which a person is receiving medical treatment as an in-patient in a hospital or similar institution and which—

• (a) commenced before 6th April 1987; or

• (b) commenced after that date but within a period of 28 days from the end of the period during which he last received an increase of benefit under section 62 of the 1975 Act or this paragraph in respect of such treatment for the relevant injury or loss of faculty.

• (2) Where a person is awarded disablement benefit, but the extent of his disablement is assessed for the period taken into account by the assessment at less than 100 per cent., it shall be treated as assessed at 100 per cent. for any part of that period, whether before or after the making of the assessment or the award of benefit, during which he receives, as an in-patient in a hospital or similar institution, medical treatment for the relevant injury or loss of faculty.

• (3) Where the extent of the disablement is assessed for that period at less than 20 per cent., sub-paragraph (2) above shall not affect the assessment; but in the case of a disablement pension payable by virtue of this paragraph to a person awarded a disablement gratuity wholly or partly in respect of the same period, the weekly rate of the pension (after allowing for any increase under Part V of this Act) shall be reduced by the amount prescribed as being the weekly value of his gratuity.

Part IV — Reduced earnings allowance

11

• (1) Subject to the provisions of this paragraph, an employed earner shall be entitled to reduced earnings allowance if—

• (a) he is entitled to a disablement pension or would be so entitled if that pension were payable where disablement is assessed at not less than 1 per cent.; and

• (b) as a result of the relevant loss of faculty, he is either—

• (i) incapable, and likely to remain permanently incapable, of following his regular occupation; and

• (ii) incapable of following employment of an equivalent standard which is suitable in his case,

or is, and has at all times since the end of the period of 90 days referred to in section 103(6) above been, incapable of following that occupation or any such employment;

but a person shall not be entitled to reduced earnings allowance to the extent that the relevant loss of faculty results from an accident happening on or after 1st October 1990 (the day on which section 3 of the Social Security Act 1990 came into force) and a person shall not be entitled to reduced earnings allowance—

• (i) in relation to a disease prescribed on or after 10th October 1994 under section 108(2) above; or

• (ii) in relation to a disease prescribed before 10th October 1994 whose prescription is extended on or after that date under section 108(2) above but only in so far as the prescription has been so extended.

• (2) A person—

• (a) who immediately before that date is entitled to reduced earnings allowance in consequence of the relevant accident; but

• (b) who subsequently ceases to be entitled to that allowance for one or more days,

shall not again be entitled to reduced earnings allowance in consequence of that accident; but this sub-paragraph does not prevent the making at any time of a claim for, or an award of, reduced earnings allowance in consequence of that accident for a period which commences not later than the day after that on which the claimant was last entitled to that allowance in consequence of that accident.

• (3) For the purposes of sub-paragraph (2) above—

• (a) a person who, apart from section 103(6) above, would have been entitled to reduced earnings allowance immediately before 1st October 1990 shall be treated as entitled to that allowance on any day (including a Sunday) on which he would have been entitled to it apart from that provision;

• (b) regulations may prescribe other circumstances in which a person is to be treated as entitled, or as having been entitled, to reduced earnings allowance on any prescribed day.

• (4) The Secretary of State may by regulations provide that in prescribed circumstances employed earner’s employment in which a claimant was engaged when the relevant accident took place but which was not his regular occupation is to be treated as if it had been his regular occupation.

• (5) In sub-paragraph (1) above—

• (a) references to a person’s regular occupation are to be taken as not including any subsidiary occupation, except to the extent that they fall to be treated as including such an occupation by virtue of regulations under sub-paragraph (4) above; and

• (b) employment of an equivalent standard is to be taken as not including employment other than employed earner’s employment;

and in assessing the standard of remuneration in any employment, including a person’s regular occupation, regard is to be had to his reasonable prospect of advancement.

• (6) For the purposes of this Part of this Schedule a person’s regular occupation is to be treated as extending to and including employment in the capacities to which the persons in that occupation (or a class or description of them to which he belonged at the time of the relevant accident) are in the normal course advanced, and to which, if he had continued to follow that occupation without having suffered the relevant loss of faculty, he would have had at least the normal prospects of advancement; and so long as he is, as a result of the relevant loss of faculty, deprived in whole or in part of those prospects, he is to be treated as incapable of following that occupation.

• (7) Regulations may for the purposes of this Part of this Schedule provide that a person is not to be treated as capable of following an occupation or employment merely because of his working thereat during a period of trial or for purposes of rehabilitation or training or in other prescribed circumstances.

• (8) Reduced earnings allowance shall be awarded—

• (a) for such period as may be determined at the time of the award; and

• (b) if at the end of that period the beneficiary submits a fresh claim for the allowance, for such further period, commencing as mentioned in sub-paragraph (2) above, as may be determined.

• (9) The award may not be for a period longer than the period to be taken into account under paragraph 4 or 6 of Schedule 6 to this Act.

• (10) Reduced earnings allowance shall be payable at a rate determined by reference to the beneficiary’s probable standard of remuneration during the period for which it is granted in any employed earner’s employments which are suitable in his case and which he is likely to be capable of following as compared with that in the relevant occupation, but in no case at a rate higher than 40 per cent. of the maximum rate of a disablement pension or at a rate such that the aggregate of disablement pension (not including increases in disablement pension under any provision of this Act) and reduced earnings allowance awarded to the beneficiary exceeds 140 per cent. of the maximum rate of a disablement pension.

• (11) Sub-paragraph (10) above shall have effect in the case of a person who retired from regular employment before 6th April 1987 with the substitution for “140 per cent." of “ 100 per cent. ”.

• (12) In sub-paragraph (10) above “the relevant occupation” means—

• (a) in relation to a person who is entitled to reduced earnings allowance by virtue of regulations under sub-paragraph (4) above, the occupation in which he was engaged when the relevant accident took place; and

• (b) in relation to any other person who is entitled to reduced earnings allowance, his regular occupation within the meaning of sub-paragraph (1) above.

• (12A) The reference in sub-paragraph (11) above to a person who has retired from regular employment includes a reference—

• (a) to a person who under subsection (3) of section 27 of the 1975 Act was treated for the purposes of that Act as having retired from regular employment; and

• (b) to a person who under subsection (5) of that section was deemed for those purposes to have retired from it.

• (13) On any award except the first the probable standard of his remuneration shall be determined in such manner as may be prescribed; and, without prejudice to the generality of this sub-paragraph, regulations may provide in prescribed circumstances for the probable standard of remuneration to be determined by reference—

• (a) to the standard determined at the time of the last previous award of reduced earnings allowance; and

• (b) to scales or indices of earnings in a particular industry or description of industries or any other data relating to such earnings.

• (14) In this paragraph “maximum rate of a disablement pension” means the rate specified in the first entry in column (2) of Schedule 4, Part V, paragraph 1 and does not include increases in disablement pension under any provision of this Act.

Supplementary

12

• (1) A person who on 10th April 1988 or 9th April 1989 satisfies the conditions—

• (a) that he has attained pensionable age;

• (b) that he has retired from regular employment; and

• (c) that he is entitled to reduced earnings allowance,

shall be entitled to that allowance for life.

• (2) In the case of any beneficiary who is entitled to reduced earnings allowance by virtue of sub-paragraph (1) above, the allowance shall be payable, subject to any enactment contained in Part V or VI of this Act or in the Administration Act and to any regulations made under any such enactment, at the weekly rate at which it was payable to the beneficiary on the relevant date or would have been payable to him on that date but for any such enactment or regulations.

• (3) For the purpose of determining under sub-paragraph (2) above the weekly rate of reduced earnings allowance payable in the case of a qualifying beneficiary, it shall be assumed that the weekly rate at which the allowance was payable to him on the relevant date was—

• (a) £25.84, where that date is 10th April 1988, or

• (b) £26.96, where that date is 9th April 1989.

• (4) In sub-paragraph (3) above “qualifying beneficiary” means a person entitled to reduced earnings allowance by virtue of sub-paragraph (1) above who—

• (a) did not attain pensionable age before 6th April 1987, or

• (b) did not retire from regular employment before that date,

and who, on the relevant date, was entitled to the allowance at a rate which was restricted under paragraph 11(10) above by reference to 40 per cent. of the maximum rate of disablement pension.

• (5) For a beneficiary who is entitled to reduced earnings allowance by virtue of satisfying the conditions in sub-paragraph (1) above on 10th April 1988 the relevant date is that date.

• (6) For a beneficiary who is entitled to it by virtue only of satisfying those conditions on 9th April 1989 the relevant date is that date.

• (7) The reference in sub-paragraph (1) above to a person who has retired from regular employment includes a reference—

• (a) to a person who under subsection (3) of section 27 of the 1975 Act was treated for the purposes of that Act as having retired from regular employment; and

• (b) to a person who under subsection (5) of that section was deemed for those purposes to have retired from it.

Part V — Retirement allowance

13

• (1) Subject to the provisions of this Part of this Schedule, a person who—

• (a) has attained pensionable age; and

• (b) gives up regular employment on or after 10th April 1989; and

• (c) was entitled to reduced earnings allowance (by virtue either of one award or of a number of awards) on the day immediately before he gave up such employment,

shall cease to be entitled to reduced earnings allowance as from the day on which he gives up regular employment.

• (2) If the day before a person ceases under sub-paragraph (1) above to be entitled to reduced earnings allowance he is entitled to the allowance (by virtue either of one award or of a number of awards) at a weekly rate or aggregate weekly rate of not less than £2.00, he shall be entitled to a benefit, to be known as “retirement allowance”.

• (3) Retirement allowance shall be payable to him (subject to any enactment contained in Part V or VI of this Act or in the Administration Act and to any regulations made under any such enactment) for life.

• (4) Subject to sub-paragraph (6) below, the weekly rate of a beneficiary’s retirement allowance shall be—

• (a) 25 per cent. of the weekly rate at which he was last entitled to reduced earnings allowance; or

• (b) 10 per cent. of the maximum rate of a disablement pension,

whichever is the less.

• (5) For the purpose of determining under sub-paragraph (4) above the weekly rate of retirement allowance in the case of a beneficiary who—

• (a) retires or is deemed to have retired on 10th April 1989, and

• (b) on 9th April 1989 was entitled to reduced earnings allowance at a rate which was restricted under paragraph 11(10) above by reference to 40 per cent. of the maximum rate of disablement pension,

it shall be assumed that the weekly rate of reduced earnings allowance to which he was entitled on 9th April 1989 was £26.96.

• (6) If the weekly rate of the beneficiary’s retirement allowance—

• (a) would not be a whole number of pence; and

• (b) would exceed the whole number of pence next below it by 1/2p or more,

the beneficiary shall be entitled to retirement allowance at a rate equal to the next higher whole number of pence.

• (7) The sums falling to be calculated under sub-paragraph (4) above are subject to alteration by orders made by the Secretary of State under section 150 of the Administration Act.

• (8) Regulations may—

• (a) make provision with respect to the meaning of “regular employment” for the purposes of this paragraph; and

• (b) prescribe circumstances in which, and periods for which, a person is or is not to be regarded for those purposes as having given up such employment.

• (9) Regulations under sub-paragraph (8) above may, in particular—

• (a) provide for a person to be regarded—

• (i) as having given up regular employment, notwithstanding that he is or intends to be an earner; or

• (ii) as not having given up regular employment, notwithstanding that he has or may have one or more days of interruption of employment; and

• (b) prescribe circumstances in which a person is or is not to be regarded as having given up regular employment by reference to—

• (i) the level or frequency of his earnings during a prescribed period; or

• (ii) the number of hours for which he works during a prescribed period calculated in a prescribed manner.

• (10) “Day of interruption of employment” means a day which forms part of—

• (a) a jobseeking period (as defined by the Jobseekers Act 1995), or

• (b) a linked period (as defined by that Act).

• (11) In this paragraph “maximum rate of a disablement pension” means the rate specified in the first entry in column (2) of Schedule 4, Part V, paragraph 1 and does not include increases in disablement pension under any provision of this Act.

Part VI — Industrial death benefit

Introductory

14

• (1) This Part of this Schedule only has effect in relation to deaths before 11th April 1988.

• (1A) No claim may be made for industrial death benefit after the coming into force of this sub-paragraph.

• (2) In this Part of this Schedule “the deceased” means the person in respect of whose death industrial death benefit is claimed or payable.

Widow’s benefit (entitlement)

15

• (1) The widow of the deceased shall be entitled to death benefit if at his death either—

• (a) she was residing with him; or

• (b) she was receiving or entitled to receive, or would but for the relevant accident have been receiving or entitled to receive, from him periodical payments for her maintenance of not less than the prescribed amount.

• (2) In the case of a widow, death benefit shall be a pension commencing from the death of the deceased and payable, at the weekly rate for the time being applicable under paragraph 16 below for life or until she remarries or forms a civil partnership.

• (3) A pension under this paragraph shall not be payable for any period during which the beneficiary is living as a married couple with a person whom she is not married to or in a civil partnership with.

• (4) In this paragraph—

• (a) references to a widow receiving or being entitled to receive payments from the deceased are only to her receiving or being entitled to receive (whether from him or from another) payments provided or procured by the deceased; and

• (b) “entitled” means, in relation to any such payments, entitled under any order of a court, trust or agreement which the widow has taken reasonable steps to enforce.

Widow’s benefit (rate)

16

• (1) The weekly rate of a pension payable under paragraph 15 above shall, for the period of 26 weeks next following the deceased’s death, be the initial rate specified in Schedule 4, Part V, paragraph 10.

• (2) The weekly rate of the pension shall, after the end of that period, be the higher permanent rate specified in that paragraph—

• (a) for any period for which the widow is entitled, or is treated by regulations as entitled, to an allowance for children or qualifying young persons under paragraph 18 below; or

• (b) where the widow was over the age of 50 at the deceased’s death or was over the age of 40 at the end of the period for which she was entitled to such an allowance; or

• (c) where the widow at the deceased’s death was permanently incapable of self-support; or

• (d) while the widow is pregnant by the deceased.

• (3) After the end of the period of 26 weeks referred to in sub-paragraph (1) above, the weekly rate of the pension shall, in any case not within sub-paragraph (2) above, be the lower permanent rate specified in Schedule 4, Part V, paragraph 10.

Widower’s benefit (entitlement and rate)

17

• (1) The widower of the deceased shall be entitled to death benefit if at her death he—

• (a) was being wholly or mainly maintained by her or would but for the relevant accident have been so maintained; and

• (b) was permanently incapable of self-support.

• (2) In the case of a widower, death benefit shall be a pension at the weekly rate specified in Schedule 4, Part V, paragraph 11 commencing from the death of the deceased and payable for life.

Deceased's family

18

• (1) Subject to paragraph 19 below, where at his death the deceased was entitled to child benefit in respect of one or more children or qualifying young persons, then, for any period for which—

• (a) the widow of the deceased is entitled—

• (i) to death benefit (other than a gratuity) under paragraphs 15 and 16 above; and

• (ii) to child benefit in respect of that child or qualifying young person or one or more of those children or qualifying young persons; or

• (b) such other person as may be prescribed is entitled to child benefit in respect of that child or qualifying young person or one or more of those children or qualifying young persons,

the widow or, as the case may be, the person so prescribed shall be entitled in respect of that child or qualifying young person, or in respect of each respectively of those children or qualifying young persons, to death benefit by way of an allowance at the weekly rate specified in Schedule 4, Part V, paragraph 12.

• (2) Paragraph 5 above applies in relation to an allowance under this paragraph as it applies in relation to an increase of benefit under paragraph 4 above.

Limits of entitlement to industrial death benefit in respect of children and qualifying young persons

19

Where two or more persons satisfy the conditions, in respect of the same death, for receipt of an allowance or allowances under paragraph 18 above for any period—

• (a) not more than one of those persons shall be entitled for that period to such an allowance in respect of the same child or qualifying young person;

• (b) where the deceased leaves a widow or widower, then for any period for which she or he is entitled to death benefit as the deceased’s widow or widower and satisfies the conditions for receipt of such an allowance in respect of a child or qualifying young person, she or he shall be entitled to the allowance in respect of that child;

• (c) subject to sub-paragraph (b) above, regulations may make provision as to the priority in any prescribed circumstances of two or more persons satisfying the said conditions.

Death of person with constant attendance allowance

20

• (1) If a person dies at a time when—

• (a) he is entitled to an increase under section 104 above of a disablement pension and the amount of the increase is not less than the amount which at that time is specified in Schedule 4, Part V, paragraph 2(a); or

• (b) he would have been so entitled but for having received medical or other treatment as an in-patient in a hospital or similar institution,

he is to be regarded for the purposes of entitlement to industrial death benefit as having died as a result of the injury in respect of which the disablement pension was payable.

• (2) The reference in sub-paragraph (1) above to an increase under section 104 above includes only a payment by way of increase of a disablement pension, and in particular does not include any payment for constant attendance under paragraph 7(2)(b) of Schedule 8 to this Act.

• (3) Sub-paragraph (1) above does not affect death benefit where the death occurred before 26th July 1971.

Pulmonary disease

21

• (1) If a person dies as a result of any pulmonary disease and—

• (a) he was entitled, for a period which includes the date of his death, to disablement pension or gratuity in respect of pneumoconiosis or byssinosis or pneumoconiosis accompanied by tuberculosis; and

• (b) the extent of the disablement in respect of which the benefit was payable was assessed for such a period at not less than 50 per cent.,

then, subject to sub-paragraph (2) below, his death shall be treated, for the purposes of this Part of this Schedule, as having been caused by the disease in respect of which the benefit was payable.

• (2) Unless regulations provide otherwise, the requirements of paragraph (b) of sub-paragraph (1) above shall be treated as unsatisfied in a case where, had the physical condition of the deceased at the time of the assessment been normal, apart from the diseases mentioned in paragraph (a) of that sub-paragraph, the extent of the disablement in question would have been assessed at less than 50 per cent.

• (3) This paragraph does not affect death benefit where the death occurred before 30th March 1977.

SCHEDULE 8

Part I — Workmen’s compensation and industrial diseases benefit in respect of employment before 5th July 1948

Continuation of workmen’s compensation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schemes for supplementing workmen’s compensation

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions supplementary to paragraph 2

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial diseases benefit schemes

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on scope of schemes under paragraph 4

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Nature and amount of benefit under paragraph 4

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Regulations providing for benefit

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Interpretation

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Children and qualifying young persons in detention, care, etc.

1

Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child or qualifying young person for any week if in that week the child or qualifying young person—

• (a) is undergoing imprisonment or detention in legal custody;

• (b) is subject to a compulsory supervision order (within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011) and is residing in a residential establishment (within the meaning of section 202(1) of that Act); or

• (c) is in the care of a local authority in such circumstances as may be prescribed.

...

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Married children and qualifying young persons

3

Except where regulations otherwise provide, no person shall be entitled to child benefit in respect of a child or qualifying young person who is married or is a civil partner.

Persons exempt from tax

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children entitled to severe disablement allowance

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10

Person with prior award

1

• (1) Subject to sub-paragraph (2) below, as between a person claiming child benefit in respect of a child or qualifying young person for any week and a person to whom child benefit in respect of that child or qualifying young person for that week has already been awarded when the claim is made, the latter shall be entitled.

• (2) Sub-paragraph (1) above shall not confer any priority where the week to which the claim relates is later than the third week following that in which the claim is made.

Person having child or qualifying young person living with him

2

Subject to paragraph 1 above, as between a person entitled for any week by virtue of paragraph (a) of subsection (1) of section 143 above and a person entitled by virtue of paragraph (b) of that subsection the former shall be entitled.

Opposite-sex spouses or civil partners

3

Subject to paragraphs 1 and 2 above, as between a man and woman who are married to, or civil partners of, each other and are residing together, the woman shall be entitled.

Parents

4

• (1) Subject to paragraphs 1 to 3 above, as between a person who is and one who is not a parent of the child or qualifying young person the parent shall be entitled.

• (2) Subject as aforesaid, as between two persons residing together who are parents of the child or qualifying young person but do not fall within paragraph 3, the mother shall be entitled.

Other cases

5

As between persons not falling within paragraphs 1 to 4 above, such one of them shall be entitled as they may jointly elect or, in default of election, as the Secretary of State may in his discretion determine.

Supplementary

6

• (1) Any election under this Schedule shall be made in the prescribed manner.

• (2) Regulations may provide for exceptions from and modifications of the provisions of paragraphs 1 to 5 above in relation to such cases as may be prescribed.

SCHEDULE 11

1

A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

1A

Regulations under paragraph 1 above must be made with the concurrence of the Treasury.

2

The circumstances are that—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

• (i) he was entitled to incapacity benefit (or would have been so entitled had he satisfied the contribution conditions mentioned in section 30A(2)(a) above), ...

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (dd) in the period of 85 days ending immediately before the relevant date the employee had at least one day on which he was entitled to an employment and support allowance (or would have been so entitled had he satisfied the requirements in section 1(2) of the Welfare Reform Act 2007.

• (f) the employee has done no work for his employer under his contract of service;

• (g) on the relevant date there is ... a stoppage of work due to a trade dispute at the employee’s place of employment;

• (h) the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 153(12) above).

3

In this Schedule “relevant date” means the date on which a period of entitlement would begin in accordance with section 153 above if this Schedule did not prevent it arising.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5A

• (1) Paragraph 2(d)(i) above does not apply if, at the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

• (2) Paragraph 2(d)(i) above ceases to apply if, at any time after the relevant date, the employee is over pensionable age and is not entitled to incapacity benefit.

• (3) In this paragraph “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995.

6

For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than 8 weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7

Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he have a direct interest in the trade dispute in question.

8

Paragraph 2(h) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (as defined for the purposes of statutory maternity pay in section 171(1) above).

SCHEDULE 12

The general principle

1

Any day which—

• (a) is a day of incapacity for work in relation to any contract of service; and

• (b) falls within a period of entitlement (whether or not it is also a qualifying day),

shall not be treated for the purposes of this Act as a day of incapacity for work for the purposes of determining whether a period is ... a period of incapacity for work for the purposes of incapacity benefit.

Contractual remuneration

2

• (1) Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory sick pay shall not affect any right of an employee in relation to remuneration under any contract of service (“contractual remuneration”).

• (2) Subject to sub-paragraph (3) below—

• (a) any contractual remuneration paid to an employee by an employer of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay statutory sick pay to that employee in respect of that day; and

• (b) any statutory sick pay paid by an employer to an employee of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay contractual remuneration to that employee in respect of that day.

• (3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraph (1) or (2) above.

Incapacity benefit

3

• (1) This paragraph and paragraph 4 below have effect to exclude, where a period of entitlement as between an employee and an employer of his comes to an end, the provisions by virtue of which short-term incapacity benefit is not paid for the first three days.

• (2) If the first day immediately following the day on which the period of entitlement came to an end—

• (a) is a day of incapacity for work in relation to that employee, and

• (b) is not a day in relation to which paragraph 1 above applies by reason of any entitlement as between the employee and another employer,

that day shall, except in prescribed cases, be or form part of a period of incapacity for work notwithstanding section 30C(1)(b) above (by virtue of which a period of incapacity for work must be at least 4 days long).

• (3) Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day to which paragraphs (a) and (b) of sub-paragraph (2) above apply, that sub-paragraph has effect in relation to the second day or, as the case may be, in relation to the second and third days, as it has effect in relation to the first.

4

• (1) Where a period of entitlement as between an employee and an employer of his comes to an end, section 30A(3) above (exclusion of benefit for first 3 days of period) does not apply in relation to any day which—

• (a) is or forms part of a period of incapacity for work (whether by virtue of paragraph 3 above or otherwise), and

• (b) falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.

• (2) Where sub-paragraph (1) above applies in relation to a day, section 30A(3) above does not apply in relation to any later day in the same period of incapacity for work.

Incapacity benefit for widows and widowers

5

Paragraph 1 above does not apply for the purpose of determining whether the conditions specified in section 40(3) or (4) or section 41(2) or (3) above are satisfied.

Unemployability supplement

6

Paragraph 1 above does not apply in relation to paragraph 3 of Schedule 7 to this Act and accordingly the references in paragraph 3 of that Schedule to a period of interruption of employment shall be construed as if the provisions re-enacted in this Part of this Act had not been enacted.

SCHEDULE 13

The general principle

1

Except as may be prescribed, a day which falls within the maternity pay period shall not be treated as a day of incapacity for work for the purposes of determining, for this Act, whether it forms part of a period of incapacity for work for the purposes of incapacity benefit.

Incapacity benefit

2

• (1) Regulations may provide that in prescribed circumstances a day which falls within the ma ternity pay period shall be treated as a day of incapacity for work for the purpose of determin ing entitlement to the higher rate of short-term incapacity benefit or to long-term incapacity benefit.

• (2) Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from any such benefit in respect of the same period and a woman shall be entitled to such benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

Contractual remuneration

3

• (1) Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory maternity pay shall not affect any right of a woman in relation to remuneration under any contract of service (“contractual remuneration”).

• (2) Subject to sub-paragraph (3) below—

• (a) any contractual remuneration paid to a woman by an employer of hers in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay statutory maternity pay to her in respect of that week; and

• (b) any statutory maternity pay paid by an employer to a woman who is an employee of his in respect of a week in the maternity pay period shall go towards discharging any liability of that employer to pay contractual remuneration to her in respect of that week.

• (2A) In sub-paragraph (2) “week” means a period of seven days beginning with the day of the week on which the maternity pay period begins.

• (3) Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraphs (1) and (2) above.

TABLE OF DERIVATIONS

Note:

The order in which the provisions amended by the Benefits Order are consolidated is not identical with the order in which they appear in the Social Security Act 1975.

Editorial notes

[^c21366881]: Act wholly in force at 1.7.1992 except as provided in Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 4: see s. 177(4)

[^c21366951]: Words in s. 1(1) added (29.1.1993) by Social Security Act 1993 (c. 3), ss. 2(9), 5

[^c21367661]: S. 15(3): power to amend conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 141(4), 192(4)

[^c21367871]: 1977 c.5.

[^c21368091]: 1978 c. 30.

[^c21368441]: 1978 c. 29.

[^c21368451]: S.I.1972/1265 (N.I.14).

[^c21368461]: 1968 c. 46.

[^c21368471]: 1977 c. 5.

[^c21368541]: S.I. 1977/343.

[^c21368551]: S.I. 1984/1696.

[^c21368561]: S.I. 1984/1698.

[^c21368571]: S.I. 1989/1690.

[^c21368631]: S. 116(2) extends to Northern Ireland see s. 177(5)(6)

[^c21368671]: 1946 c. 67.

[^c21368681]: 1965 c. 51.

[^c21368691]: 1946 c. 62.

[^c21368701]: 1965 c. 52.

[^c21368731]: Pt. 7: power to modify conferred (1.7.1992) by Social Security Administration Act 1992 (c. 5), ss. 150(7), 151, 192(4).

[^c21368741]: Ss. 123, 131-137 restricted (temp.) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 11 (with s. 118(1)(2)(4)),

[^c21368811]: S.I. 1987/1967.

[^c21368921]: Words in s. 130(2) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 3 (with s. 118(1)(2)(4))

[^c21369391]: 1989 c. 24.

[^c21369491]: 1989 c. 41.

[^c21369541]: 1939 c. 82.

[^c21369551]: 1947 c. 19.

[^c21369561]: 1917 c. 51.

[^c21369571]: 1939 c. 83.

[^c21369581]: 1980 c. 9.

[^c21369621]: 1978 c.29.

[^c21369691]: 1978 c.29.

[^c21369701]: 1975 c.14.

[^c21369711]: 1986 c.50.

[^c21369721]: 1992 c.5.

[^c21369731]: 1992 c.6.

[^c21369741]: 1992 c.7.

[^c21369751]: 1975 c.16.

[^c21369841]: Words in s. 175(6) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 103, Sch. 9 para. 10 (with s. 118(1)(2)(4))

[^c21369861]: 1989 c. 26.

[^c21369871]: 1970 c. 9.

[^c21369891]: 1970 c. 9.

[^c21369931]: 1974 c. 46.

[^c21369941]: 1988 c. 1.

[^c21370001]: 1970 c. 9.

[^c21371181]: 1990 c. 27.

[^c21371191]: Sch. 7 para. 11(12A) inserted (temp.) (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 6, 7(2), Sch. 4 paras. 1, 10

[^c21371201]: Sch. 7 para. 12(7) inserted (temp.) (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), ss. 6, 7(2), Sch. 4 paras. 1, 11

[^key-00222a60a2018d75df58eba5dc78800f]: Words in Sch. 4B para. 3(a) substituted (3.1.2012) by Pensions Act 2008 (c. 30), s. 149(1), Sch. 4 para. 12(3)(a); S.I. 2011/3033, art. 2(c)(xii)

[^key-006333b79e9c7ec67e168ca097b40393]: Words in Sch. 1 para. 7(1)(a) substituted (with effect in relation to payments made on or after 6.4.2007 under contracts relating to construction operations) by Finance Act 2004 (c. 12), s. 77(1), Sch. 12 para. 13(2) (with s. 77(2)-(8)); S.I. 2006/3240

[^key-008c97cc7baff2bd9dbec7109a5c5e2e]: Word in s. 37(4)(a) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b)(d), Sch. 30; S.I. 2005/3175, art. 2(6)

[^key-00bd92b03c5d50a62d37f453bcc534a6]: Words in s. 43(3) substituted (18.11.2004) by Pensions Act 2004 (c. 35), ss. 296(b), 322(2)(c)(i)

[^key-00c10b7d4fe5c97d48f2edb9ec2698d1]: Words in s. 122(1) substituted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 13(a)

[^key-00d556588210811b1c25b7af37f9d93d]: Words in s. 4A(4)(a) inserted (26.3.2026) by The Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2026 (S.I. 2026/341), arts. 1, 2(c)(i)

[^key-010058f2cf19eef8ef41dcc11bd93c00]: Sch. 1 para. 3A(2A)(b) and preceding word inserted (30.3.2006) by National Insurance Contributions Act 2006 (c. 10), ss. 5(2)(b), 9

[^key-0133f165d8fd5562f49f217d25d78e3f]: S. 15(3)(3ZA) substituted for s. 15(3) (with effect in relation to the tax year 2003-04 and subsequent tax years) by National Insurance Contributions Act 2002 (c. 19), ss. 3(1), 8(2)

[^key-0195d670eb528e539faa426ab597a12f]: Words in s. 15(3) repealed (6.4.2005 with effect in accordance with s. 883(1) of the amending Act) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 420(3), Sch. 3 (with Sch. 2)

[^key-01a1f78a7667e7bd68a4e0c29ea3b431]: Sch. 5 paras. 5, 5A, 6, 6A, 7 omitted (6.4.2012 for specified purposes) by virtue of Pensions Act 2011 (c. 19), ss. 2(5), 38(4) (with s. 2(7)); S.I. 2011/3034, art. 4(b) (note that this amending provision is itself repealed (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 97(a))

[^key-01b5a9ca56a5e3ee6c019888ca75a031]: S. 171ZZ16(2)(d) modified (6.4.2025) by The Statutory Neonatal Care Pay (General) Regulations 2025 (S.I. 2025/376), regs. 1(2), 24 (with reg. 2)

[^key-01f3e5149c20d2a16963efa9f2ae30a9]: Words in s. 52(3) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 66

[^key-02603922d494bd2863c5412ecf2c3f70]: Words in s. 112(1) substituted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 21(2); S.I. 1999/527, art. 2(b), Sch. 2 (with arts. 3-6)

[^key-02612b202591d241fe905a9108bbe4ae]: Words in s. 77(9) inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 4(9)

[^key-02b34c9784752b7d39cd921d85000d6b]: Words in s. 44A(2)(d) inserted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 47(2)(a)