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

(The document as of February, 2008)

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Disqualification and suspension

113 General provisions as to disqualification and suspension

(1) Except where regulations otherwise provide, a person shall be disqualified for receiving any benefit under Parts II to V of this Act, and an increase of such benefit shall not be payable in respect of any person as the beneficiary's wife or husband, for any period during which the person--

(a) is absent from Great Britain; or

(b) is undergoing imprisonment or detention in legal custody.

(2) Regulations may provide for suspending payment of such benefit to a person during any period in which he is undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(3) Regulations may provide for a person who would be entitled to any such benefit but for the operation of any provision of this Act or the Administration Act to be treated as if entitled to it for the purposes of any rights or obligations (whether his own or another's) which depend on his entitlement, other than the right to payment of the benefit.

Persons maintaining dependants etc.

114 Persons maintaining dependants, etc

(1) Regulations may provide for determining the circumstances in which a person is or is not to be taken, for the purposes of Parts II to V of this Act--

(a) to be wholly or mainly, or to a substantial extent, maintaining, or to be contributing at any weekly rate to the maintenance of, another person; or

(b) to be, or have been, contributing at any weekly rate to the cost of providing for a child.

(2) Regulations under this section may provide, for the purposes of the provisions relating to an increase of benefit under Parts II to V of this Act in respect of a wife or other adult dependant, that where--

(a) a person is partly maintained by each of two or more beneficiaries, each of whom would be entitled to such an increase in respect of that person if he were wholly or mainly maintaining that person, and

(b) the contributions made by those two or more beneficiaries towards the maintenance of that person amount in the aggregate to sums which would, if they had been contributed by one of those beneficiaries, have been sufficient to satisfy the requirements of regulations under this section,

that person shall be taken to be wholly or mainly maintained by such of those beneficiaries as may be prescribed.

(3) Regulations may provide for any sum or sums paid by a person by way of contribution towards either or both of the following, that is to say--

(a) the maintenance of his or her spouse, and

(b) the cost of providing for one or more children,

to be treated for the purposes of any of the provisions of this Act specified in subsection (4) below as such contributions, of such respective amounts equal in the aggregate to the said sum or sums, in respect of such persons, as may be determined in accordance with the regulations so as to secure as large a payment as possible by way of benefit in respect of the dependants.

(4) The provisions in question are sections 56, 81 to 84, 86 and paragraphs 5 and 6 of Schedule 7 to this Act.

Special cases

115 Crown employment - Parts I to VI

(1) Subject to the provisions of this section, Parts I to V and this Part of this Act apply to persons employed by or under the Crown in like manner as if they were employed by a private person.

(2) Subsection (1) above does not apply to persons serving as members of Her Majesty's forces in their capacity as such.

(3) Employment as a member of Her Majesty's forces and any other prescribed employment under the Crown are not, and are not to be treated as, employed earner's employment for any of the purposes of Part V of this Act.

(4) The references to Parts I to V of this Act in this section and sections 116, 117, 119, 120 and 121 below do not include references to section 111 above.

116 Her Majesty's forces

(1) Subject to section 115(2) and (3) above and to this section, a person who is serving as a member of Her Majesty's forces shall, while he is so serving, be treated as an employed earner, in respect of his membership of those forces, for the purposes--

(a) of Parts I to V and this Part of this Act; and

(b) of any provision of the Administration Act in its application to him as an employed earner.

(2) The Secretary of State may make regulations modifying Parts I to V and this Part of this Act, and any provision of Part II of the Administration Act which replaces provisions of Part III of the 1975 Act, in such manner as he thinks proper, in their application to persons who are or have been members of Her Majesty's forces; and regulations under this section may in particular provide--

(a) in the case of persons who are employed earners in respect of their membership of those forces, for reducing the rate of the contributions payable in respect of their employment and for determining--

(i) the amounts payable on account of those contributions by the Secretary of State and the time and manner of payment, and

(ii) the deductions (if any) to be made on account of those contributions from the pay of those persons;

(b) for preventing a person who is discharged from Her Majesty's forces at his own request from being thereby disqualified for receiving unemployment benefit on the ground that he has voluntarily left his employment without just cause.

(3) For the purposes of Parts I to V and this Part of this Act, Her Majesty's forces shall be taken to consist of such establishments and organisations as may be prescribed, being establishments and organisations in which persons serve under the control of the Defence Council.

117 Mariners, airmen, etc

(1) The Secretary of State may make regulations modifying provisions of Parts I to V and this Part of this Act, and any provision of Part II of the Administration Act which replaces provisions of Part III of the 1975 Act, in such manner as he thinks proper, in their application to persons who are or have been, or are to be, employed on board any ship, vessel, hovercraft or aircraft.

(2) Regulations under subsection (1) above may in particular provide--

(a) for any such provision to apply to such persons, notwithstanding that it would not otherwise apply;

(b) for excepting such persons from the application of any such provision where they neither are domiciled nor have a place of residence in any part of Great Britain;

(c) for requiring the payment of secondary Class 1 contributions in respect of such persons, whether or not they are (within the meaning of Part I of this Act) employed earners;

(d) for the taking of evidence, for the purposes of any claim to benefit, in a country or territory outside Great Britain, by a British consular official or such other person as may be prescribed;

(e) for enabling persons who are or have been so employed to authorise the payment of the whole or any part of any benefit to which they are or may become entitled to such of their dependants as may be prescribed.

118 Married women and widows

The Secretary of State may make regulations modifying any of the following provisions of this Act, namely--

(a) Part I;

(b) Part II (except section 60); and

in such manner as he thinks proper, in their application to women who are or have been married.

119 Persons outside Great Britain

The Secretary of State may make regulations modifying Parts I to V of this Act, and any provision of Part II of the Administration Act which replaces provisions of Part III of the 1975 Act, in such manner as he thinks proper, in their application to persons who are or have been outside Great Britain at any prescribed time or in any prescribed circumstances.

120 Employment at sea (continental shelf operations)

(1) The Secretary of State may make regulations modifying Parts I to V and this Part of this Act, and any provision of Part II of the Administration Act which replaces provisions of Part III of the 1975 Act, in such manner as he thinks proper, in their application to persons in any prescribed employment (whether under a contract of service or not) in connection with continental shelf operations.

(2) "Continental shelf operations" means any activities which, if paragraphs (a) and (d) of subsection (6) of section 23 of the [1982 c. 23.] Oil and Gas (Enterprise) Act 1982 (application of civil law to certain offshore activities) were omitted, would nevertheless fall within subsection (2) of that section.

(3) In particular (but without prejudice to the generality of subsection (1) above), the regulations may provide for any prescribed provision of Parts I to V and this Part of this Act to apply to any such person notwithstanding that he does not fall within the description of an employed or self-employed earner, or does not fulfil the conditions prescribed under section 1(6) above as to residence or presence in Great Britain.

121 Treatment of certain marriages

(1) Regulations may provide--

(a) for a voidable marriage which has been annulled, whether before or after the date when the regulations come into force, to be treated for the purposes of the provisions to which this subsection applies as if it had been a valid marriage which was terminated by divorce at the date of annulment;

(b) as to the circumstances in which, for the purposes of the enactments to which this section applies--

(i) a marriage celebrated under a law which permits polygamy; or

(ii) any marriage during the subsistence of which a party to it is at any time married to more than one person,

is to be treated as having, or not having, the consequences of a marriage celebrated under a law which does not permit polygamy.

(2) Subsection (1) above applies--

(a) to any enactment contained in Parts I to V or this Part of this Act; and

(b) to regulations under any such enactment.

Interpretation

122 Interpretation of Parts I to VI and supplementary provisions

(1) In Parts I to V above and this Part of this Act, unless the context otherwise requires--

"beneficiary", in relation to any benefit, means the person entitled to that benefit;
"benefit" means--
(a)
benefit under Parts II to V of this Act other than Old Cases payments;
(b)
as respects any period before 1st July 1992 but not before 6th April 1975, benefit under Part II of the 1975 Act; or
(c)
as respects any period before 6th April 1975, benefit under--
(d)
the [1946 c. 67.] National Insurance Act 1946 or [1965 c. 51.] 1965; or
(ii)
the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 or [1965 c. 52.] 1965;
"child" means a person under the age of 19 who would be treated as a child for the purposes of Part IX of this Act or such other person under that age as may be prescribed;
"claim" is to be construed in accordance with "claimant";
"claimant", in relation to benefit other than industrial injuries benefit, means a person who has claimed benefit;
"claimant", in relation to industrial injuries benefit, means a person who has claimed industrial injuries benefit;
"contract of service" means any contract of service or apprenticeship whether written or oral and whether express or implied;
"current", in relation to the lower and upper earnings limits under section 5(1) above, means for the time being in force;
"day of incapacity for work" and "day of interruption of employment" have the meanings assigned to them by section 57 above;
"deferred" and "period of deferment" have the meanings assigned to them by section 55 above;
"earner" and "earnings" are to be construed in accordance with sections 3, 4 and 112 above;
"employed earner" has the meaning assigned to it by section 2 above;
"employment" includes any trade, business, profession, office or vocation and "employed" has a corresponding meaning;
"entitled", in relation to any benefit, is to be construed in accordance with--
(a)
the provisions specifically relating to that benefit;
(b)
in the case of a benefit specified in section 20(1) above, section 21 above; and
(c)
sections 1 to 3 and 68 of the Administration Act;
"industrial injuries benefit" means benefit under Part V of this Act, other than under Schedule 8;
"initial primary percentage" is to be construed in accordance with section 8(1) and (2) above and as referring to the percentage rate from time to time specified in section 8(2)(a) above as the initial primary percentage;
"the Inland Revenue" means the Commissioners of Inland Revenue;
"late husband", in relation to a woman who has been more than once married, means her last husband;
"long-term benefit" has the meaning assigned to it by section 20(2) above;
"loss of physical faculty" includes disfigurement whether or not accompanied by any loss of physical faculty;
"lower earnings limit" and "upper earnings limit" are to be construed in accordance with section 5(1) above and references to the lower or upper earnings limit of a tax year are to whatever is (or was) for that year the limit in force under that subsection;
"main primary percentage" is to be construed in accordance with section 8(1) and (2) above and as referring to the percentage rate from time to time specified in section 8(2)(b) above as the main primary percentage;
"medical examination" includes bacteriological and radiographical tests and similar investigations, and "medically examined" has a corresponding meaning;
"medical treatment" means medical, surgical or rehabilitative treatment (including any course or diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
"the Northern Ireland Department" means the Department of Health and Social Services for Northern Ireland;
"Old Cases payments" means payments under Part I or II of Schedule 8 to this Act;
"payments by way of occupational or personal pension" means, in relation to a person, periodical payments which, in connection with the coming to an end of an employment of his, fall to be made to him-
(a)
out of money provided wholly or partly by the employer or under arrangements made by the employer; or
(b)
out of money provided under an enactment or instrument having the force of law in any part of the United Kingdom or elsewhere; or
(c)
under a personal pension scheme as defined in section 84(1) of the 1986 Act; or
(d)
under a contract or trust scheme approved under Chapter III of Part XIV of the [1988 c. 1.] Income and Corporation Taxes Act 1988; or
(e)
under a personal pension scheme approved under Chapter IV of that Part of that Act,

and such other payments as are prescribed;
"pensionable age" means--
(a)
the age of 65, in the case of a man; and
(b)
the age of 60, in the case of a woman;
"pneumoconiosis" means fibrosis of the lungs due to silica dust, asbestos dust, or other dust, and includes the condition of the lungs known as dust-reticulation;
"prescribe" means prescribe by regulations;
"primary percentage" is to be construed in accordance with section 8(1) and (2) above;
"qualifying earnings factor" means an earnings factor equal to the lower earnings limit for the tax year in question multiplied by 52;
"relative" includes a person who is a relative by marriage;
"relevant accident" means the accident in respect of which industrial injuries benefit is claimed or payable;
"relevant injury" means the injury in respect of which industrial injuries benefit is claimed or payable;
"relevant loss of faculty" means--
(a)
in relation to severe disablement allowance, the loss of faculty which results in the disablement; or
(b)
in relation to industrial injuries benefit, the loss of faculty resulting from the relevant injury;
"self-employed earner" has the meaning assigned to it by section 2 above;
"short-term benefit" has the meaning assigned to it by section 20(2) above;
"tax week" means one of the successive periods in a tax year beginning with the first day of that year and every seventh day thereafter, the last day of a tax year (or, in the case of a tax year ending in a leap year, the last two days) to be treated accordingly as a separate tax week;
"tax year" means the 12 months beginning with 6th April in any year, the expression "1978-79" meaning the tax year beginning with 6th April 1978, and any correspondingly framed reference to a pair of successive years being construed as a reference to the tax year beginning with 6th April in the earlier of them;
"trade or business" includes, in relation to a public or local authority, the exercise and performance of the powers and duties of that authority;
"trade union" means an association of employed earners;
"week", except in relation to disability working allowance, means a period of 7 days beginning with Sunday.

(2) Regulations may make provision modifying the meaning of "employment" for the purposes of any provision of Parts I to V and this Part of this Act.

(3) Provision may be made by regulations as to the circumstances in which a person is to be treated as residing or not residing with another person for any of the purposes of Parts I to V and this Part of this Act and as to the circumstances in which persons are to be treated for any of those purposes as residing or not residing together.

(4) A person who is residing with his spouse shall be treated for the purposes of Parts I to V and this Part of this Act as entitled to any child benefit to which his spouse is entitled.

(5) Regulations may, for the purposes of any provision of those Parts under which the right to any benefit or increase of benefit depends on a person being or having been entitled to child benefit, make provision whereby a person is to be treated as if he were or had been so entitled or as if he were not or had not been so entitled.

(6) For the purposes of Parts I to V and this Part of this Act a person is "permanently incapable of self-support" if (but only if) he is incapable of supporting himself by reason of physical or mental infirmity and is likely to remain so incapable for the remainder of his life.

Part VII Income-Related Benefits

General

123 Income-related benefits

(1) Prescribed schemes shall provide for the following benefits (in this Act referred to as "income-related benefits")--

(a) income support;

(b) family credit;

(d) housing benefit; and

(e) community charge benefits.

(2) The Secretary of State shall make copies of schemes prescribed under subsection (1)(a), (b) or (c) above available for public inspection at local offices of the Department of Social Security at all reasonable hours without payment.

(3) Every authority granting housing benefit--

(a) shall take such steps as appear to them appropriate for the purpose of securing that persons who may be entitled to housing benefit from the authority become aware that they may be entitled to it; and

(b) shall make copies of the housing benefit scheme, with any modifications adopted by them under the Administration Act, available for public inspection at their principal office at all reasonable hours without payment.

(4) Each charging authority shall take such steps as appear to it appropriate for the purpose of securing that any person who may be entitled to a community charge benefit as regards a personal or collective community charge of the authority becomes aware that he may be entitled to it.

(5) Each levying authority shall take such steps as appear to it appropriate for the purpose of securing that any person who may be entitled to a community charge benefit in respect of a personal community charge payable to the authority becomes aware that he may be entitled to it.

(6) Each charging authority and each levying authority shall make copies of the community charge benefits scheme, with any modifications adopted by it under the Administration Act, available for public inspection at its principal office at all reasonable hours without payment.

Income support

124 Income support

(1) A person in Great Britain is entitled to income support if--

(a) he is of or over the age of 18 or, in prescribed circumstances and for a prescribed period, of or over the age of 16 or he is a person to whom section 125(1) below applies;

(b) he has no income or his income does not exceed the applicable amount;

(c) he is not engaged in remunerative work and, if he is a member of a married or unmarried couple, the other member is not so engaged; and

(d) except in such circumstances as may be prescribed--

(i) he is available for, and actively seeking, employment;

(ii) he is not receiving relevant education.

(2) In subsection (1)(a) above "period" includes--

(a) a period of a determinate length;

(b) a period defined by reference to the happening of a future event; and

(3) Circumstances may be prescribed in which a person must not only satisfy the condition specified in subsection (1)(d)(i) above but also be registered in the prescribed manner for employment.

(4) Subject to subsection (5) below, where a person is entitled to income support, then--

(a) if he has no income, the amount shall be the applicable amount; and

(b) if he has income, the amount shall be the difference between his income and the applicable amount.

(5) Where a person is entitled to income support for a period to which this subsection applies, the amount payable for that period shall be calculated in such manner as may be prescribed.

(6) Subsection (5) above applies--

(a) to a period of less than a week which is the whole period for which income support is payable; and

(b) to any other period of less than a week for which it is payable.

125 Severe hardship cases

(1) If it appears to the Secretary of State--

(a) that a person of or over the age of 16 but under the age of 18 is not entitled to income support; and

(b) that severe hardship will result to that person unless income support is paid to him,

the Secretary of State may direct that this subsection shall apply to him.

(2) Any such direction may specify a period for which subsection (1) above is to apply to the person to whom the direction relates.

(3) The person to whom such a direction relates shall be treated in accordance with it, but if at any time it appears to the Secretary of State that there has been a change of circumstances as a result of which failure to receive income support need no longer result in severe hardship to him, he may revoke the direction.

(4) The Secretary of State may also revoke the direction if--

(a) he is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact; and

(b) he considers that but for his ignorance or mistake he would not have determined that failure to receive income support would result in severe hardship.

(5) In this section "period" includes--

(a) a period of a determinate length;

(b) a period defined by reference to the happening of a future event; and

126 Trade disputes

(1) This section applies to a person, other than a child or a person of a prescribed description--

(a) who is disqualified under section 27 above for receiving unemployment benefit; or

(b) who would be so disqualified if otherwise entitled to that benefit,

except during any period shown by the person to be a period of incapacity for work by reason of disease or bodily or mental disablement or to be within the maternity period.

(2) In subsection (1) above "the maternity period" means the period commencing at the beginning of the 6th week before the expected week of confinement and ending at the end of the 7th week after the week in which confinement takes place.

(3) For the purpose of calculating income support--

(a) so long as this section applies to a person who is not a member of a family, the applicable amount shall be disregarded;

(b) so long as it applies to a person who is a member of a family but is not a member of a married or unmarried couple, the portion of the applicable amount which is included in respect of him shall be disregarded;

(i) if the applicable amount consists only of an amount in respect of them, it shall be reduced to one half; and

(ii) if it includes other amounts, the portion of it which is included in respect of them shall be reduced to one-half and any further portion of it which is included in respect of the member of the couple to whom this section applies shall be disregarded;

(d) so long as it applies to both the members of a married or unmarried couple--

(i) if neither of them is responsible for a child or person of a prescribed description who is a member of the same household, the applicable amount shall be disregarded; and

(ii) in any other case, the portion of the applicable amount which is included in respect of them and any further portion of it which is included in respect of either of them shall be disregarded.

(4) Where a reduction under subsection (3)(c) above would not produce a sum which is a multiple of 5p, the reduction shall be to the nearest lower sum which is such a multiple.

(5) Where this section applies to a person for any period, then, except so far as regulations provide otherwise--

(a) in calculating the entitlement to income support of that person or a member of his family the following shall be treated as his income and shall not be disregarded--

(i) any payment which he or a member of his family receives or is entitled to obtain by reason of the person to whom this section applies being without employment for that period; and

(ii) without prejudice to the generality of sub-paragraph (i) above, any amount which becomes or would on an application duly made become available to him in that period by way of repayment of income tax deducted from his emoluments in pursuance of section 203 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (PAYE); and

(b) any payment by way of income support for that period or any part of it which apart from this paragraph would be made to him, or to a person whose applicable amount is aggregated with his--

(i) shall not be made if the weekly rate of payment is equal to or less than the relevant sum; or

(ii) if it is more than the relevant sum, shall be at a weekly rate equal to the difference.

(6) In respect of any period less than a week, subsection (5) above shall have effect subject to such modifications as may be prescribed.

(7) Subject to subsection (8) below, "the relevant sum" for the purposes of subsection (5) above shall be £22.50.

(8) If an order under section 150 of the Administration Act (annual up-rating) has the effect of increasing payments of income support, from the time when the order comes into force there shall be substituted, in subsection (5)(b) above, for the references to the sum for the time being mentioned in it references to a sum arrived at by--

(a) increasing that sum by the percentage by which the personal allowance under paragraph 1(1) of Part I of Schedule 2 to the [S.I. 1987/1967.] Income Support (General) Regulations 1987 for a single person aged not less than 25 has been increased by the order; and

(b) if the sum as so increased is not a multiple of 50p, disregarding the remainder if it is 25p and, if it is not, rounding it up or down to the nearest 50p,

and the order shall state the substituted sum.

127 Effect of return to work

If a person returns to work with the same employer after a period during which section 126 above applies to him, and whether or not his return is before the end of any stoppage of work in relation to which he is or would be disqualified for receiving unemployment benefit--

(a) that section shall cease to apply to him at the commencement of the day on which he returns to work; and

(b) until the end of the period of 15 days beginning with that day, section 124(1) above shall have effect in relation to him as if the following paragraph were substituted for paragraph (c)--

"(c) in the case of a member of a married or unmarried couple, the other member is not engaged in remunerative work; and"; and

(c) any sum paid by way of income support for that period of 15 days to him or, where he is a member of a married or unmarried couple, to the other member of that couple, shall be recoverable in accordance with the regulations from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a married or unmarried couple, from the other member of the couple.

Family credit

128 Family credit

(1) Subject to regulations under section 5(1)(a) of the Administration Act, a person in Great Britain is entitled to family credit if, when the claim for it is made or is treated as made--

(a) his income--

(i) does not exceed the amount which is the applicable amount at such date as may be prescribed; or

(ii) exceeds it, but only by such an amount that there is an amount remaining if the deduction for which subsection (2)(b) below provides is made;

(b) he or, if he is a member of a married or unmarried couple, he or the other member of the couple, is engaged and normally engaged in remunerative work;

(c) except in such circumstances as may be prescribed, neither he nor any member of his family is entitled to a disability working allowance; and

(d) he or, if he is a member of a married or unmarried couple, he or the other member, is responsible for a member of the same household who is a child or a person of a prescribed description.

(2) Where a person is entitled to family credit, then--

(a) if his income does not exceed the amount which is the applicable amount at the date prescribed under subsection (1)(a)(i) above, the amount of the family credit shall be the amount which is the appropriate maximum family credit in his case; and

(b) if his income exceeds the amount which is the applicable amount at that date, the amount of the family credit shall be what remains after the deduction from the appropriate maximum family credit of a prescribed percentage of the excess of his income over the applicable amount.

(3) Family credit shall be payable for a period of 26 weeks or such other period as may be prescribed and, subject to regulations, an award of family credit and the rate at which it is payable shall not be affected by any change of circumstances during that period or by any order under section 150 of the Administration Act.

(4) Regulations may provide that an award of family credit shall terminate--

(a) if a person who was a member of the family at the date of the claim becomes a member of another family and some member of that family is entitled to family credit; or

(b) if income support or a disability working allowance becomes payable in respect of a person who was a member of the family at the date of the claim for family credit.

(5) Regulations shall prescribe the manner in which the appropriate maximum family credit is to be determined in any case.

(6) The provisions of this Act relating to family credit apply in relation to persons employed by or under the Crown as they apply in relation to persons employed otherwise than by or under the Crown.

Disability working allowance

129 Disability working allowance

(1) A person in Great Britain who has attained the age of 16 and qualifies under subsection (2) below is entitled to a disability working allowance if, when the claim for it is made or is treated as made--

(a) he is engaged and normally engaged in remunerative work;

(b) he has a physical or mental disability which puts him at a disadvantage in getting a job;

(i) does not exceed the amount which is the applicable amount at such date as may be prescribed; or

(ii) exceeds it, but only by such an amount that there is an amount remaining if the deduction for which subsection (5)(b) below provides is made; and

(d) except in such circumstances as may be prescribed, neither he nor, if he has a family, any member of it, is entitled to family credit.

(2) Subject to subsection (4) below, a person qualifies under this subsection if--

(a) for one or more of the 56 days immediately preceding the date when the claim for a disability working allowance is made or is treated as made there was payable to him one or more of the following--

(i) an invalidity pension under section 33, 40 or 41 above;

(ii) a severe disablement allowance;

(iii) income support, housing benefit or community charge benefit,

or a corresponding benefit under any enactment having effect in Northern Ireland;

(b) when the claim for a disability working allowance is made or is treated as made, there is payable to him one or more of the following--

(i) an attendance allowance;

(ii) a disability living allowance;

(iii) an increase of disablement pension under section 104 above;

(iv) an analogous pension increase under a war pension scheme or an industrial injuries scheme,

or a corresponding benefit under any enactment having effect in Northern Ireland; or

(c) when the claim for a disability working allowance is made or is treated as made, he has an invalid carriage or other vehicle provided by the Secretary of State under section 5(2)(a) of the [1977 c. 49.] National Health Service Act 1977 and Schedule 2 to that Act or under section 46 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 or provided under Article 30(1) of the [S.I.1972/1265 (N.I.14).] Health and Personal Social Services (Northern Ireland) Order 1972.

(3) For the purposes of subsection (1) above a person has a disability which puts him at a disadvantage in getting a job only if he satisfies prescribed conditions or prescribed circumstances exist in relation to him.

(4) If the only benefit mentioned in paragraph (a) of subsection (2) above which is payable to a person as there mentioned is--

(a) a benefit mentioned in sub-paragraph (iii) of that paragraph; or

(b) a corresponding benefit under any enactment having effect in Northern Ireland,

he only qualifies under that subsection in prescribed circumstances.

(5) Where a person is entitled to a disability working allowance, then--

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