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Social Security Contributions and Benefits Act 1992 (c. 4)(The document as of February, 2008) Page 13 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 (2) For the purposes of this condition, a relevant year is any year ending before the date on which the contributor concerned attained pensionable age or died under that age. Part II Satisfaction of conditions in early years of contribution7 (1) Sub-paragraph (3) below shall apply where a claim is made for a widow's payment and the last complete year before the beginning of the benefit year in which the relevant time falls was either-- (a) the year in which the contributor concerned first became liable for primary Class 1 or Class 2 contributions; or (b) the year preceding that in which he first became so liable. (2) The relevant time for the purposes of this paragraph is the date on which the contributor concerned attained pensionable age or died under that age. (3) For the purposes of satisfaction by the contributor concerned of paragraph (b) of the contribution condition for a widow's payment, all earnings factors falling within sub-paragraph (4) below may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls. (4) The earnings factors referred to in sub-paragraph (3) above are-- (a) the contributor's earnings factors for 1987-88 and each subsequent year derived from the aggregate of his earnings upon which primary Class 1 contributions were paid or treated as paid and from Class 2 contributions actually paid by him before the relevant time; and (b) his earnings factors for each earlier year, derived from his contributions of a relevant class actually paid by him before the relevant time. 8 Where a person claims sickness benefit, he shall be taken to satisfy the first contribution condition for the benefit if on a previous claim for any short-term benefit he has satisfied the first contribution condition for that benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to sickness benefit. 9 Where a woman claims a widow's payment, the contributor concerned for the purposes of the claim shall be taken to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 of Schedule 3 to the 1975 Act, with contributions of a class relevant to widow's payment. SCHEDULE 4 Rates of benefits, etcNote: This Schedule is subject to alteration by orders made by the Secretary of State under Part X of the Administration Act. Part I Contributory periodical benefits
Part II Widow's payment
Part III Non-contributory periodical benefits
Part IV Increases for dependants
Part V Rates of industrial injuries benefit
Table
Section 55. SCHEDULE 5 Increase of pension where entitlement is deferredIncrease of pension where pensioner's entitlement is deferred1 Where a person's entitlement to a Category A or Category B retirement pension is deferred, the rate of his Category A or Category B retirement pension shall be increased by an amount equal to the aggregate of the increments to which he is entitled under paragraph 2 below, but only if that amount is enough to increase the rate of the pension by at least 1 per cent. 2 (1) Subject to paragraph 3 below, a person is entitled to an increment under this paragraph for each complete incremental period in his period of enhancement. (2) In this Schedule--
(3) Subject to paragraph 3 below, the amount of the increment for any such incremental period shall be 1/7th per cent. of the weekly rate of the Category A or Category B retirement pension to which that person would have been entitled for the period if his entitlement had not been deferred. (4) Where an amount is required to be calculated in accordance with the provisions of sub-paragraph (3) above-- (a) the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and (b) where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the Pensions Act or the Administration Act. (5) For the purposes of sub-paragraph (3) above the weekly rate of pension for any period shall be taken-- (a) to include any increase under section 47(1) above and any increase under paragraph 4, 5 or 6 below, but (b) not to include any increase under section 80, 83 or 85 above or any graduated retirement benefit. (6) The reference in sub-paragraph (5) above to any increase under subsection (1) of section 47 above shall be taken as a reference to any increase that would take place under that subsection if subsection (2) of that section and section 29B(2) of the Pensions Act were disregarded. (7) Where one or more orders have come into force under section 150 of the Administration Act during the period of enhancement, 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 enhancement. (8) Where a pensioner's rights premium is paid in respect of a person who is, or if his entitlement had not been deferred would be, entitled to a Category A or Category B retirement pension, then, in calculating any increment under this paragraph which falls to be paid to him in respect of such a pension after the date on which the premium is paid there shall be disregarded any guaranteed minimum pension to which the pensioner was entitled in connection with the employment to which the premium relates. 3 (1) Regulations may provide that sub-paragraphs (1) to (3) of paragraph 2 above shall have effect with such additions, omissions and amendments as are prescribed in relation to a person during whose period of enhancement there has been a change, other than a change made by such an order as is mentioned in sub-paragraph (7) of that paragraph, in the rate of the Category A or Category B retirement pension to which he would have been entitled if his entitlement to the pension had commenced on attaining pensionable age. (2) Any regulations under this paragraph may make such consequential additions, omissions and amendments in paragraph 8(3) below as the Secretary of State considers are appropriate in consequence of any changes made by virtue of this paragraph in paragraph 2 above. Increase of pension where pensioner's deceased spouse has deferred entitlement4 (1) Subject to sub-paragraph (3) below, where a woman is entitled to a Category A or Category B retirement pension and-- (a) she has had a husband and he has died, and she was married to him when he died; and (b) the husband either-- (i) was entitled to a Category A or Category B retirement pension with an increase under this Schedule; or (ii) would have been so entitled if his period of deferment had ended on the day before his death, the rate of her pension shall be increased by an amount equal to the increase to which he was or would have been entitled under this Schedule apart from paragraph 6. (2) Subject to sub-paragraph (3) below, where a man is entitled to a Category A or Category B retirement pension and-- (a) he has had a wife and she has died, and he was married to her when she died; (b) he was over pensionable age when she died; and (c) the wife either-- (i) was entitled to a Category A or Category B retirement pension with an increase under this Schedule; or (ii) would have been so entitled if her period of deferment had ended on the day before her death, the rate of his pension shall be increased by an amount equal to the increase to which she was or would have been entitled under this Schedule apart from paragraph 5. (3) If a married person dies after 5th April 2000, the rate of the retirement pension for that person's widow or widower shall be increased by an amount equivalent to the sum of-- (a) the increase in the basic pension to which the deceased spouse was entitled; and (b) one-half of the increase in the additional pension. (4) In any case where-- (a) there is a period between the death of the former spouse and the date on which the surviving spouse 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 increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period. (5) This paragraph does not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date. 5 (1) Where a woman is entitled to a Category A or Category B retirement pension and-- (a) she has had a husband and he has died, and she was married to him when he died; and (b) the husband either-- (i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of the Pensions Act, or (ii) would have been so entitled if he had retired on the date of his death, the rate of her pension shall be increased by an amount equal to the sum of the amounts set out in sub-paragraph (2) or, as the case may be, (3) below. (2) Where the husband dies before 6th April 2000, the amounts referred to in sub-paragraph (1) above are the following-- (a) an amount equal to one-half of the increase mentioned in paragraph (b) of that sub-paragraph; (b) the appropriate amount; and (c) an amount equal to any increase to which he had been entitled under paragraph 6 below. (3) Where the husband dies after 5th April 2000, the amounts referred to in sub-paragraph (1) above are the following-- (a) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of the Pensions Act; and (b) one-half of any increase to which the husband had been entitled under paragraph 6 below. 6 (1) Where a man is entitled to a Category A or Category B retirement pension and-- (a) he has had a wife and she has died, and he was married to her when she died; (b) he was over pensionable age when she died; and (c) the wife either-- (i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of the Pensions Act; or (ii) would have been so entitled if she had retired on the date of her death, the rate of his pension shall be increased by an amount equal to the sum of the amounts set out in sub-paragraph (2) or, as the case may be, (3) or (4) below. (2) Where the wife dies before 6th April 1989, the amounts referred to in sub-paragraph (1) above are the following-- (a) an amount equal to the increase mentioned in paragraph (c) of that sub-paragraph; (b) the appropriate amount; and (c) an amount equal to any increase to which she had been entitled under paragraph 5 above. (3) Where the wife dies after 5th April 1989 but before 6th April 2000, the amounts referred to in sub-paragraph (1) above are the following-- (a) the increase mentioned in paragraph (c) of that sub-paragraph, so far as attributable to employment before 6th April 1988; (b) one-half of that increase, so far as attributable to employment after 5th April 1988; (c) the appropriate amount reduced by the amount of any increases under section 37A of the Pensions Act; and (d) any increase to which she had been entitled under paragraph 5 above. (4) Where the wife dies after 5th April 2000, the amounts referred to in sub-paragraph (1) above are the following-- (a) one-half of the increase mentioned in paragraph (c) of that sub-paragraph, so far as attributable to employment before 6th April 1988; (b) one-half of the appropriate amount after it has been reduced by the amount of any increases under section 37A of the Pensions Act; and (c) one-half of any increase to which she had been entitled under paragraph 5 above. 7 (1) For the purposes of paragraphs 5 and 6 above, 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 Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse became entitled to a Category A or Category B retirement pension. (2) Where an amount is required to be calculated in accordance with the provisions of paragraph 5 or 6 or sub-paragraph (1) above-- (a) the amount so calculated shall be rounded to the nearest penny, taking any 1/2p as nearest to the next whole penny above; and (b) where the amount so calculated would, apart from this sub-paragraph, be a sum less than 1/2p, that amount shall be taken to be zero, notwithstanding any other provision of this Act, the Pensions Act or the Administration Act. Married women8 (1) For the purposes of paragraphs 1 to 3 above in their application to a Category B retirement pension to which a married woman is entitled by virtue of her husband's contributions, a married woman who would have become entitled to such a pension on an earlier day if her husband's entitlement to his Category A retirement pension had not been deferred shall be treated as having (in addition to any other period of enhancement) a period of enhancement which begins on that earlier day and ends on the same day as her husband's period of enhancement. (2) The reference in sub-paragraph (1) above to the day on which the woman's husband's period of enhancement ends shall, where the marriage is terminated before that day, be construed as a reference to the day on which the marriage is terminated. (3) In the case of-- (a) a Category B retirement pension to which a married woman is entitled by virtue of her husband's contributions; or (b) a married woman's Category A retirement pension with an increase under section 53(2) above attributable to her husband's contributions, the reference in paragraph 2(3) above to the pension to which a person would have been entitled if his entitlement had not been deferred shall be construed as a reference to the pension to which she would have been entitled if neither her nor her husband's entitlement to a retirement pension had been deferred. (4) Paragraph 4(2)(c) above shall not apply to a Category B retirement pension to which the wife was or would have been entitled by virtue of the man's contributions; and where the Category A retirement pension to which the wife was or would have been entitled includes an increase under section 53(2) above attributable to his contributions, the increase to which he is entitled under that paragraph shall be calculated as if there had been no increase under that section. Uprating9 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. Sections 68(6) and 103(5). SCHEDULE 6 Assessment of extent of disablementGeneral provisions as to method of assessment1 For the purposes of section 68 or 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) except in the case of an assessment for the purposes of section 68 above, 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 allowance4 (1) In the case of an assessment of any person's disablement for the purposes of section 68 above, the period to be taken into account for any such assessment shall be the period during which that person has suffered and may be expected to continue to suffer from the relevant loss of faculty beginning not later than-- (a) the first claim day, if his entitlement to benefit falls to be determined in accordance with section 68(3)(b) above as modified by regulations under section 68(11)(b); (b) where his disablement has previously been assessed for the purposes of section 68 above at a percentage which is not less than 80 per cent.-- (i) if the period taken into account for that assessment was or included the period of 196 days ending immediately before the first claim day, the first claim day, or (ii) if the period so taken into account included any day falling within that period of 196 days, the day immediately following that day or, if there is more than one such day, the last such day; (c) in any other case, 196 days before the first claim day; and, in any case, ending not later than the day on which that person attains the age of 65, if a woman, or 70, if a man. (2) In this paragraph "the first claim day" means the first day in respect of which the person concerned has made the claim in question for a severe disablement allowance. 5 (1) An assessment of any person's disablement for the purposes of section 68 above shall state the degree of disablement in the form of a percentage and shall specify the period taken into account by the assessment. (2) For the purposes of any such assessment-- (a) a percentage which is not a whole number shall be rounded to the nearest whole number or, if it falls equally near two whole numbers, shall be rounded up to the higher; and (b) a percentage between 5 and 100 which is not a multiple of 10 shall be treated, if it is a multiple of 5, as being the next higher percentage which is a multiple of 10 and, in any other case, as being the nearest percentage which is a multiple of 10. (3) If on the assessment the person's disablement is found to be less than 5 per cent., that degree of disablement shall for the purposes of section 68 above be disregarded and, accordingly, the assessment shall state that he is not disabled. Disablement benefit6 (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). Section 106. SCHEDULE 7 Industrial injuries benefitsPart I Unemployability supplementAvailability1 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 duration2 (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 supplement3 (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 or an invalidity 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. Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 -- Back --
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