Law

Social Security Contributions and Benefits Act 1992

United Kingdom · statute

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In force since 2026-07-08, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 330 provisions
  1. Title and introductory text
  2. 1 Outline of contributory system.
  3. 2 Categories of earners.
  4. 3 “Earnings" and “earner".
  5. 4 Payments treated as remuneration and earnings.
  6. 4A Earnings of workers supplied by service companies etc.
  7. 4AA Limited liability partnerships
  8. 4B Earnings: power to make retrospective provision in consequence of retrospective tax legislation
  9. 4C Power to make provision in consequence of provision made by or by virtue of section 4B(2) etc
  10. 5 Earnings limits and thresholds for Class 1 contributions.
  11. 6 Liability for Class 1 contributions.
  12. 6A Notional payment of primary Class 1 contribution where earnings not less than lower earnings limit.
  13. 7 “Secondary contributor".
  14. 8 Calculation of primary Class 1 contributions.
  15. 9 Calculation of secondary Class 1 contributions.
  16. 9A The age-related secondary percentage
  17. 9B Zero-rate secondary Class 1 contributions for certain apprentices
  18. 10 Class 1A contributions ...
  19. 10ZA Liability of third party provider of benefits in kind.
  20. 10ZB Non-cash vouchers provided by third parties.
  21. 10ZBA Liability of third party controller of sporting testimonial
  22. 10ZC Class 1A contributions: power to make provision in consequence of retrospective tax legislation
  23. 10A Class 1B contributions
  24. 11 Class 2 contributions
  25. 11A Relevant profits to be included in self assessment tax return
  26. 12 Late paid Class 2 contributions.
  27. 13 Class 3 contributions.
  28. 13A Right to pay additional Class 3 contributions in certain cases
  29. 14 Restriction on right to pay Class 3 contributions.
  30. 14A Class 3A contributions in return for units of additional pension
  31. 14B Class 3A contributions: repayment
  32. 14C Class 3A contributions: power to change eligibility or remove the option to pay
  33. 15 Class 4 contributions recoverable under the Income Tax Acts.
  34. 16 Application of Income Tax Acts and destination of Class 4 contributions.
  35. 17 Exceptions, deferment and incidental matters relating to Class 4 contributions.
  36. 18 Class 4 contributions recoverable under regulations.
  37. 18A Class 4 contributions: partnerships
  38. 19 General power to regulate liability for contributions.
  39. 19A Class 1, 1A or 1B contributions paid in error
  40. 19B Extended meaning of “benefit” etc in Part 1
  41. 20 Descriptions of contributory benefits.
  42. 21 Contribution conditions.
  43. 22 Earnings factors.
  44. 23 Provisions supplemental to sections 21 and 22.
  45. 23A Contributions credits for relevant parents and carers
  46. 24 Records of earnings and calculation of earnings factors in absence of records.
  47. 25 Unemployment benefit.
  48. 25A Determination of days for which unemployment benefit is payable.
  49. 25B Power to amend provisions as to days of entitlement.
  50. 26 Duration of unemployment benefit.
  51. 27 Interruption of employment in connection with trade dispute.
  52. 28 Unemployment benefit - other disqualifications etc.
  53. 29 Exemptions from disqualification for unemployment benefit.
  54. 30 Abatement of unemployment benefit on account of payments of occupational or personal pension.
  55. 30A Incapacity benefit: entitlement.
  56. 30B Incapacity benefit: rate.
  57. 30C Incapacity benefit: days and periods of incapacity for work.
  58. 30D Incapacity benefit: construction of references to days of entitlement.
  59. 30DD Incapacity benefit: reduction for pension payments and PPF periodic payments.
  60. 30E Incapacity benefit: reduction for councillor’s allowance.
  61. 31 Sickness benefit.
  62. 32 Sickness benefit - disqualifications etc.
  63. 33 Invalidity pension.
  64. 34 Invalidity allowance.
  65. 35 State maternity allowance for employed or self-employed earner.
  66. 35A Appropriate weekly rate of maternity allowance under section 35.
  67. 35B State maternity allowance for participating wife or civil partner of self-employed earner
  68. 36 Bereavement payment.
  69. 36A Cases in which sections 37 to 41 apply.
  70. 37 Widowed mother’s allowance : deaths before 9 April 2001.
  71. 38 Widow’s pension : deaths before 9 April 2001.
  72. 39 Rate of widowed mother’s allowance and widow’s pension.
  73. 39A Widowed parent’s allowance.
  74. 39B Bereavement allowance where no dependent children.
  75. 39C Rate of widowed parent’s allowance ...
  76. 40 Long-term incapacity benefit for widows.
  77. 41 Long-term incapacity benefit for widowers.
  78. 42 Entitlement under s. 40 or 41 after period of employment or training for work.
  79. 43 Persons entitled to more than one retirement pension.
  80. 44 Category A retirement pension.
  81. 44A Deemed earnings factors.
  82. 44B Deemed earnings factors: 2010-11 onwards
  83. 44C Earnings factor credits
  84. 45 The additional pension in a Category A retirement pension.
  85. 45AA Effect of working families' tax credit and disabled person's tax credit on earnings factor
  86. 45A Effect of family credit and disability working allowance on earnings factor
  87. 45B Reduction of additional pension in Category A retirement pension: pension sharing.
  88. 46 Modifications of section 45 for calculating the additional pension in certain benefits.
  89. 47 Increase of Category A retirement pension for invalidity.
  90. 48 Use of former spouse’s contributions.
  91. 48A Category B retirement pension for married person or civil partner
  92. 48AA Category B retirement pension for divorcee or former civil partner
  93. 48B Category B retirement pension for widows and widowers.
  94. 48BB Category B retirement pension: entitlement by reference to benefits under section 39A or 39B.
  95. 48C Category B retirement pension: general.
  96. 49 Category B retirement pension for women.
  97. 50 Rate of Category B retirement pension for women.
  98. 51 Category B retirement pension for widows, widowers and surviving civil partners who attained pensionable age before 6 April 2010
  99. 51ZA Special provision for married person whose spouse changed gender
  100. 51A Special provision for married people.
  101. 52 Special provision for surviving spouses.
  102. 53 Special provision for married women.
  103. 54 Category A and Category B retirement pensions: supplemental provisions.
  104. 55 Pension increase or lump sum where entitlement to retirement pension is deferred
  105. 55A Shared additional pension because of an old state scheme pension credit
  106. 55AA Shared additional pension because of a new state scheme pension credit
  107. 55B Reduction of shared additional pension: pension sharing.
  108. 55C Pension increase or lump sum where entitlement to shared additional pension is deferred
  109. 56 Child’s special allowance - existing beneficiaries.
  110. 57 Determination of days for which benefit is payable.
  111. 58 Incapacity for work: work as councillor to be disregarded.
  112. 59 Invalidity benefit— disqualifications etc.
  113. 60 Complete or partial failure to satisfy contribution conditions.
  114. 60A Failure to satisfy contribution condition in paragraph 5A of Schedule 3
  115. 61 Exclusion of increase of benefit for failure to satisfy contribution condition.
  116. 61ZA Shortfall in contributions: people with units of additional pension
  117. 61ZB Shortfall in contributions: people whose dead spouse had units of additional pension
  118. 61ZC Entitlement to more than one pension: sections 61ZA and 61ZB
  119. 61A Contributions paid in error
  120. 62 Graduated retirement benefit.
  121. 63 Descriptions of non-contributory benefits.
  122. 64 Entitlement.
  123. 65 Period and rate of allowance.
  124. 66 Attendance allowance for the terminally ill.
  125. 67 Exclusions by regulation.
  126. 68 Entitlement and rate.
  127. 69 Severe disablement allowance: age related addition.
  128. 70 Carer’s allowance.
  129. 71 Disability living allowance.
  130. 72 The care component.
  131. 73 The mobility component.
  132. 74 Mobility component for certain persons eligible for invalid carriages.
  133. 75 Persons who have attained pensionable age
  134. 76 Disability living allowance - supplementary.
  135. 77 Guardian’s allowance.
  136. 78 Category C and Category D retirement pensions and other benefits for the aged.
  137. 79 Age addition.
  138. 80 Beneficiary’s dependent children.
  139. 81 Restrictions on increase - child not living with beneficiary etc.
  140. 82 Short-term benefit: increase for adult dependants.
  141. 83 Pension increase (wife)
  142. 84 Pension increase (husband).
  143. 85 Pension increase (person with care of children).
  144. 86 Increase of woman’s invalidity pension (husband).
  145. 86A Incapacity benefit: increase for adult dependants.
  146. 87 Rate of increase where associated retirement pension is attributable to reduced contributions.
  147. 88 Increases to be in respect of only one adult dependant.
  148. 89 Earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of ... adult dependants.
  149. 90 Beneficiaries under sections 68 and 70.
  150. 91 Effect of trade disputes on entitlement to increases.
  151. 92 Dependency increases: continuation of awards in cases of fluctuating earnings.
  152. 93 Dependency increases on termination of employment after period of entitlement to disability working allowance.
  153. 94 Right to industrial injuries benefit.
  154. 95 Relevant employments.
  155. 95A Employment training schemes etc
  156. 96 Persons treated as employers for certain purposes.
  157. 97 Accidents in course of illegal employments.
  158. 98 Earner acting in breach of regulations, etc.
  159. 99 Earner travelling in employer’s transport.
  160. 100 Accidents happening while meeting emergency.
  161. 101 Accident caused by another’s misconduct etc.
  162. 102 Sickness benefit in respect of industrial injury.
  163. 103 Disablement pension.
  164. 104 Increase where constant attendance needed.
  165. 105 Increase for exceptionally severe disablement.
  166. 106 Benefits and increases subject to qualifications as to time.
  167. 107 Adjustments for successive accidents.
  168. 108 Benefit in respect of prescribed industrial diseases, etc.
  169. 109 General provisions relating to benefit under section 108.
  170. 110 Respiratory diseases.
  171. 111 Workmen’s compensation etc.
  172. 112 Certain sums to be earnings.
  173. 113 General provisions as to disqualification and suspension.
  174. 114 Persons maintaining dependants, etc.
  175. 115 Crown employment - Parts I to VI.
  176. 116 Her Majesty’s forces.
  177. 117 Mariners, airmen, etc.
  178. 118 Married women and widows.
  179. 119 Persons outside Great Britain.
  180. 120 Employment at sea (continental shelf operations).
  181. 121 Treatment of certain marriages.
  182. 122 Interpretation of Parts I to VI and supplementary provisions.
  183. 123 Income-related benefits.
  184. 124 Income support.
  185. 125 Severe hardship cases.
  186. 126 Trade disputes.
  187. 127 Effect of return to work.
  188. 128 Family credit.
  189. 129 Disability working allowance.
  190. 130 Housing benefit.
  191. 130A Appropriate maximum housing benefit
  192. 130B Loss of housing benefit following eviction on certain grounds
  193. 130C Relevant orders for possession
  194. 130D Loss of housing benefit: supplementary
  195. 130E Couples
  196. 130F Information provision
  197. 130G Pilot schemes relating to loss of housing benefit
  198. 131 Council tax benefit.
  199. 132 Couples.
  200. 133 Polygamous marriages.
  201. 134 Exclusions from benefit.
  202. 135 The applicable amount.
  203. 136 Income and capital.
  204. 136A Effect of attaining qualifying age for state pension credit
  205. 137 Interpretation of Part VII and supplementary provisions.
  206. 138 Payments out of the social fund.
  207. 139 Awards by social fund officers.
  208. 140 Principles of determination.
  209. 140A Entitlement
  210. 140B Amount
  211. 141 Child benefit.
  212. 142 “Child” and “qualifying young person”
  213. 143 Meaning of “person responsible for child or qualifying young person".
  214. 144 Exclusions and priority.
  215. 145 Rate of child benefit.
  216. 145A Entitlement after death of child or qualifying young person
  217. 146 Presence in Great Britain
  218. 146A Persons subject to immigration control
  219. 147 Interpretation of Part IX and supplementary provisions.
  220. 148 Entitlement of pensioners to Christmas bonus.
  221. 149 Provisions supplementary to section 148.
  222. 150 Interpretation of Part X.
  223. 151 Employer’s liability.
  224. 152 Period of incapacity for work.
  225. 153 Period of entitlement.
  226. 154 Qualifying days.
  227. 155 Limitations on entitlement.
  228. 156 Notification of incapacity for work.
  229. 157 Rates of payment.
  230. 158 Recovery by employers of amounts paid by way of statutory sick pay.
  231. 159 Power to substitute provisions for s. 158(2).
  232. 159A Power to provide for recovery by employers of sums paid by way of statutory sick pay.
  233. 159B Funding of employers' statutory sick pay liabilities in relation to coronavirus
  234. 160 Relationship with benefits and other payments, etc.
  235. 161 Crown employment - Part XI.
  236. 162 Special classes of persons.
  237. 163 Interpretation of Part XI and supplementary provisions.
  238. 164 Statutory maternity pay - entitlement and liability to pay.
  239. 165 The maternity pay period.
  240. 166 Rate of statutory maternity pay
  241. 167 Funding of employers’ liabilities in respect of statutory maternity pay
  242. 168 Relationship with benefits and other payments etc.
  243. 169 Crown employment - Part XII.
  244. 170 Special classes of persons.
  245. 171 Interpretation of Part XII and supplementary provisions.
  246. 171ZA Entitlement: birth
  247. 171ZB Entitlement: adoption
  248. 171ZC Entitlement: general
  249. 171ZD Liability to make payments
  250. 171ZE Rate and period of pay
  251. 171ZEA Entitlement to additional statutory paternity pay: birth
  252. 171ZEB Entitlement to additional statutory paternity pay: adoption
  253. 171ZEC Entitlement to additional statutory paternity pay: general
  254. 171ZED Liability to make payments of additional statutory paternity pay
  255. 171ZEE Rate and period of pay: additional statutory paternity pay
  256. 171ZF Restrictions on contracting out
  257. 171ZG Relationship with contractual remuneration
  258. 171ZH Crown employment-Part 12ZA
  259. 171ZI Special classes of person
  260. 171ZJ Part 12ZA: supplementary
  261. 171ZK Power to apply Part 12ZA ...
  262. 171ZL Entitlement
  263. 171ZM Liability to make payments
  264. 171ZN Rate and period of pay
  265. 171ZO Restrictions on contracting out
  266. 171ZP Relationship with benefits and other payments etc
  267. 171ZQ Crown employment-Part 12ZB
  268. 171ZR Special classes of person
  269. 171ZS Part 12ZB: supplementary
  270. 171ZT Power to apply Part 12ZB ...
  271. 171ZU Entitlement: birth
  272. 171ZV Entitlement: adoption
  273. 171ZW Entitlement: general
  274. 171ZX Liability to make payments
  275. 171ZY Rate and period of pay
  276. 171ZZ Restrictions on contracting out
  277. 171ZZ1 Relationship with contractual remuneration
  278. 171ZZ2 Crown employment
  279. 171ZZ3 Special classes of person
  280. 171ZZ4 Part 12ZC: supplementary
  281. 171ZZ5 Power to apply Part 12ZC
  282. 171ZZ6 Entitlement
  283. 171ZZ7 Entitlement: supplementary
  284. 171ZZ8 Liability to make payments
  285. 171ZZ9 Rate and period of pay
  286. 171ZZ10 Restrictions on contracting out
  287. 171ZZ11 Relationship with contractual remuneration
  288. 171ZZ12 Crown employment
  289. 171ZZ13 Special classes of person
  290. 171ZZ14 Supplementary
  291. 171ZZ15 Application in relation to stillbirths
  292. 171ZZ16 Entitlement
  293. 171ZZ17 Entitlement: supplementary
  294. 171ZZ18 Liability to make payments
  295. 171ZZ19 Rate and period of pay
  296. 171ZZ20 Restrictions on contracting out
  297. 171ZZ21 Relationship with contractual remuneration
  298. 171ZZ22 Crown employment
  299. 171ZZ23 Special classes of person
  300. 171ZZ24 Supplementary
  301. 171A Test of incapacity for work.
  302. 171B The own occupation test.
  303. 171C Personal capability assessments.
  304. 171D Incapacity for work: persons to be treated as incapable or capable of work.
  305. 171E Incapacity for work: disqualification, &c.
  306. 171F Incapacity for work: work as councillor to be disregarded.
  307. 171G Incapacity for work: supplementary provisions.
  308. 172 Application of Act in relation to territorial waters.
  309. 173 Age.
  310. 174 References to Acts.
  311. 175 Regulations, orders and schemes.
  312. 176 Parliamentary control.
  313. 177 Short title, commencement and extent.
  314. SCHEDULE 1 Supplementary provisions relating to contributions of Classes 1, 1A, 1B, 2 , 3 and 3A
  315. SCHEDULE 2 Levy of Class 4 contributions with income tax
  316. SCHEDULE 3 Contribution conditions for entitlement to benefit
  317. 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.
  318. SCHEDULE 4A Additional pension: accrual rates for purposes of section 45(2)(c)
  319. SCHEDULE 4B Additional pension: accrual rates for purposes of section 45(2)(d)
  320. SCHEDULE 5 PENSION INCREASE OR LUMP SUM WHERE ENTITLEMENT TO RETIREMENT PENSION IS DEFERRED
  321. SCHEDULE 5A Pension increase or lump sum where entitlement to shared additional pension is deferred
  322. SCHEDULE 6 Assessment of extent of disablement
  323. SCHEDULE 7 Industrial injuries benefits
  324. SCHEDULE 8 Industrial injuries and diseases (Old Cases)
  325. SCHEDULE 9 Exclusions from entitlement to child benefit
  326. SCHEDULE 10 Priority between persons entitled to child benefit
  327. SCHEDULE 11 Circumstances in which periods of entitlement to statutory sick pay do not arise
  328. SCHEDULE 12 Relationship of statutory sick pay with benefits and other payments, etc
  329. SCHEDULE 13 Relationship of statutory maternity pay with benefits and other payments etc
  330. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

330 provisions

63 Descriptions of non-contributory benefits.

Non-contributory benefits under this Part of this Act are of the following descriptions, namely— (a) attendance allowance; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) carer’s allowance...; (d) disability living allowance; (e) guardian’s allowance; (f) retirement pensions of the following categories— (i) Category C, payable in certain cases to a widow whose husband was over pensionable age on 5 July 1948 or to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death (with increase for adult ... dependants), and (ii) Category D, payable to persons over the age of 80; (g) age addition payable, in the case of persons over the age of 80, by way of increase of a retirement pension of any category under this Act or of some other pension or allowance from the Secretary of State.

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64 Entitlement.

(1) A person shall be entitled to an attendance allowance if he has attained pensionable age, he is not entitled to an allowance within subsection (1A) and he satisfies either— (a) the condition specified in subsection (2) below (“the day attendance condition”), or (b) the condition specified in subsection (3) below (“the night attendance condition”), and prescribed conditions as to residence and presence in Great Britain. (1A) The following allowances are within this subsection— (a) personal independence payment; (aa) adult disability payment; (b) the care component of a disability living allowance. (c) pension age disability payment. (d) the care component of Scottish adult disability living allowance. (2) A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either— (a) frequent attention throughout the day in connection with his bodily functions, or (b) continual supervision throughout the day in order to avoid substantial danger to himself or others. (3) A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,— (a) he requires from another person prolonged or repeated attention in connection with his bodily functions, or (b) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him. (4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.

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65 Period and rate of allowance.

(1) Subject to the following provisions of this Act, the period for which a person is entitled to an attendance allowance shall be— (a) a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and (b) a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions. (2) For the purposes of subsection (1) above a person who suffers from renal failure and is undergoing such form of treatment as may be prescribed shall, in such circumstances as may be prescribed, be deemed to satisfy or to be likely to satisfy the day or the night attendance condition or both. (3) The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (1)(b) above he has satisfied or is likely to satisfy both the day and the night attendance conditions, and shall be the lower rate in any other case. (4) A person shall not be entitled to an attendance allowance for any period preceding the date on which he makes or is treated as making a claim for it. (5) Notwithstanding anything in subsection (4) above, provision may be made by regulations for a person to be entitled to an attendance allowance for a period preceding the date on which he makes or is treated as making a claim for it if such an allowance has previously been paid to or in respect of him. (6) Except in so far as regulations otherwise provide and subject to section 66(1) below— (a) a claim for an attendance allowance may be made during the period of 6 months immediately preceding the period for which the person to whom the claim relates is entitled to the allowance; and (b) an award may be made in pursuance of a claim so made, subject to the condition that, throughout that period of 6 months, that person satisfies— (i) both the day and the night attendance conditions, or (ii) if the award is at the lower rate, one of those conditions. (7) A person to whom either Regulation (EC) No 1408/71 or Regulation /(EC) No 883/2004 applies shall not be entitled to an attendance allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

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66 Attendance allowance for the terminally ill.

(1) If a terminally ill person makes a claim expressly on the ground that he is such a person, then— (a) he shall be taken— (i) to satisfy, or to be likely to satisfy, both the day attendance condition and the night attendance condition for so much of the period for which he is terminally ill as does not fall before the date of the claim; and (ii) to have satisfied those conditions for the period of 6 months immediately preceding the date of the claim or, if later, the first date on which he is terminally ill (so however that no allowance shall be payable by virtue of this sub-paragraph for any period preceding that date); and (b) the period for which he is entitled to attendance allowance shall be so much of the period for which he is terminally ill as does not fall before the date of the claim. (2) For the purposes of subsection (1) above— (a) a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 12 months; and (b) where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.

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67 Exclusions by regulation.

(1) Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them. (2) Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment. (3) The reference in subsection (2) to a care home is to an establishment that provides accommodation together with nursing or personal care. (4) The following are qualifying services for the purposes of subsection (2)— (a) accommodation, (b) board, and (c) personal care. (5) The reference in subsection (2) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations. (6) The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose. (7) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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68 Entitlement and rate.

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69 Severe disablement allowance: age related addition.

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70 Carer’s allowance.

(1) A person shall be entitled to a carer’s allowance for any day on which he is engaged in caring for a severely disabled person if— (a) he is regularly and substantially engaged in caring for that person; (b) he is not gainfully employed; and (c) the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed. (1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until— (a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or (b) the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday), whichever occurs first. (2) In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) or adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rate or Scottish adult disability living allowance by virtue of entitlement to the care component at the middle or highest rate or pension age disability payment or such other payment out of public funds on account of his need for attendance as may be prescribed. (3) A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education. (4) A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain. (4A) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) No person shall be entitled for the same day to— (a) more than one allowance under this section; or (b) both an allowance under this section and carer support payment. (7ZA) Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them— (a) as they may jointly elect in the prescribed manner; or (b) as may, in default of such an election, be determined by the Secretary of State in the Secretary of State’s discretion. (7ZB) Subsection (7ZC) applies where a person (A)— (a) (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or (b) has, or would have, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions, for a day in respect of a severely disabled person. (7ZC) Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless— (a) A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or (b) in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that— (i) the Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB); and (ii) B shall have the relevant entitlement, for that day in respect of that severely disabled person. (7A) For the purposes of subsections (7ZA) and (7ZC) a person has a “relevant entitlement” if— (a) the person is entitled to a carer’s allowance in respect of which the Secretary of State has the power to make decisions , or (b) the person is entitled under section 12 of the Welfare Reform Act 2012 to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person. (7B) In subsections (7) and (7ZB), “carer support payment” means carer’s assistance the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023. (8) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education. (9) A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4. (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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71 Disability living allowance.

(1) Disability living allowance shall consist of a care component and a mobility component. (2) A person’s entitlement to a disability living allowance may be an entitlement to either component or to both of them. (3) A person may be awarded either component for a fixed period or for an indefinite period, but if his award of a disability living allowance consists of both components, he may not be awarded the components for different fixed periods. (4) The weekly rate of a person’s disability living allowance for a week for which he has only been awarded one component is the appropriate weekly rate for that component as determined in accordance with this Act or regulations under it. (5) The weekly rate of a person’s disability living allowance for a week for which he has been awarded both components is the aggregate of the appropriate weekly rates for the two components as so determined. (6) A person shall not be entitled to a disability living allowance unless he satisfies prescribed conditions as to residence and presence in Great Britain. (7) A person shall not be entitled to a disability living allowance while they are entitled to pension age disability payment, adult disability payment , Scottish adult disability living allowance or child disability payment.

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72 The care component.

(1) Subject to the provisions of this Act, a person shall be entitled to the care component of a disability living allowance for any period throughout which— (a) he is so severely disabled physically or mentally that— (i) he requires in connection with his bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods); or (ii) he cannot prepare a cooked main meal for himself if he has the ingredients; or (b) he is so severely disabled physically or mentally that, by day, he requires from another person— (i) frequent attention throughout the day in connection with his bodily functions; or (ii) continual supervision throughout the day in order to avoid substantial danger to himself or others; or (c) he is so severely disabled physically or mentally that, at night,— (i) he requires from another person prolonged or repeated attention in connection with his bodily functions; or (ii) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him. (1A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the following modifications— (a) the condition mentioned in subsection (1)(a)(ii) shall not apply, and (b) none of the other conditions mentioned in subsection (1) shall be taken to be satisfied unless— (i) he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or (ii) he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have. (2) Subject to the following provisions of this section, a person shall not be entitled to the care component of a disability living allowance unless— (a) throughout— (i) the period of 3 months immediately preceding the date on which the award of that component would begin; or (ii) such other period of 3 months as may be prescribed, he has satisfied or is likely to satisfy one or other of the conditions mentioned in subsection (1)(a) to (c) above; and (b) he is likely to continue to satisfy one or other of those conditions throughout— (i) the period of 6 months beginning with that date; or (ii) (if his death is expected within the period of 6 months beginning with that date) the period so beginning and ending with his death. (2A) The modifications mentioned in subsection (1A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (2), but only— (a) in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and (b) in relation to so much of any period mentioned in subsection (2) as falls before the day on which he reaches the age of 16. (3) Three weekly rates of the care component shall be prescribed. (4) The weekly rate of the care component payable to a person for each week in the period for which he is awarded that component shall be— (a) the highest rate, if he falls within subsection (2) above by virtue of having satisfied or being likely to satisfy both the conditions mentioned in subsection (1)(b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (2) above and that mentioned in paragraph (b) of that subsection; (b) the middle rate, if he falls within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout both those periods; and (c) the lowest rate in any other case. (5) For the purposes of this section, a person who is terminally ill, as defined in section 66(2) above, and makes a claim expressly on the ground that he is such a person, shall (notwithstanding subsection (1A)(b)) be taken— (a) to have satisfied the conditions mentioned in subsection (1)(b) and (c) above for the period of 3 months immediately preceding the date of the claim, or, if later, the first date on which he is terminally ill (so however that the care component shall not be payable by virtue of this paragraph for any period preceding that date); and (b) to satisfy or to be likely to satisfy those conditions for for so much of the period for which he is terminally ill as does not fall before the date of the claim. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Subject to subsection (5) above, circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsection (1)(a) to (c) above as may be prescribed. (7A) Subsection (1A) has effect subject to regulations made under subsection (7) (except as otherwise prescribed). (7B) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to the care component of a disability living allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question. (8) Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment. (9) The reference in subsection (8) to a care home is to an establishment that provides accommodation together with nursing or personal care. (10) The following are qualifying services for the purposes of subsection (8)— (a) accommodation, (b) board, and (c) personal care. (11) The reference in subsection (8) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations. (12) The power to specify an enactment for the purposes of subsection (8) includes power to specify it only in relation to its application for a particular purpose. (13) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

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73 The mobility component.

(1) Subject to the provisions of this Act, a person shall be entitled to the mobility component of a disability living allowance for any period in which he is over the relevant age and throughout which— (a) he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so; or (ab) he falls within subsection (1AB) below; or (b) he does not fall within that subsection but does fall within subsection (2) below; or (c) he falls within subsection (3) below; or (d) he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time. (1A) In subsection (1) above “the relevant age” means— (a) in relation to the conditions mentioned in paragraph (a), (ab), (b) or (c) of that subsection, the age of 3; (b) in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5. (1AB) A person falls within this subsection if— (a) he has such severe visual impairment as may be prescribed; and (b) he satisfies such other conditions as may be prescribed. (2) A person falls within this subsection if— (a) he is both blind and deaf; and (b) he satisfies such other conditions as may be prescribed. (3) A person falls within this subsection if— (a) he is severely mentally impaired; and (b) he displays severe behavioural problems; and (c) he satisfies both the conditions mentioned in section 72(1)(b) and (c) above. (4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the modification that the condition mentioned in paragraph (d) shall not be taken to be satisfied unless— (a) he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or (b) persons of his age in normal physical and mental health would not require such guidance or supervision. (5) ... circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy a condition mentioned in subsection (1)(a) or (d) or subsection (2)(a) above. (5A) Subsection (4A) has effect subject to regulations made under subsection (5) (except as otherwise prescribed). (6) Regulations shall specify the cases which fall within subsection (3)(a) and (b) above. (7) A person who is to be taken for the purposes of section 72 above to satisfy or not to satisfy a condition mentioned in subsection (1)(b) or (c) of that section is to be taken to satisfy or not to satisfy it for the purposes of subsection (3)(c) above. (8) A person shall not be entitled to the mobility component for a period unless during most of that period his condition will be such as permits him from time to time to benefit from enhanced facilities for locomotion. (9) A person shall not be entitled to the mobility component of a disability living allowance unless— (a) throughout— (i) the period of 3 months immediately preceding the date on which the award of that component would begin; or (ii) such other period of 3 months as may be prescribed, he has satisfied or is likely to satisfy one or other of the conditions mentioned in subsection (1)(a) to (d) above; and (b) he is likely to continue to satisfy one or other of those conditions throughout— (i) the period of 6 months beginning with that date; or (ii) (if his death is expected within the period of 6 months beginning with that date) the period so beginning and ending with his death. (9A) The modifications mentioned in subsection (4A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (9), but only— (a) in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and (b) in relation to so much of any period mentioned in subsection (9) as falls before the day on which he reaches the age of 16. (10) Two weekly rates of the mobility component shall be prescribed. (11) The weekly rate of the mobility component payable to a person for each week in the period for which he is awarded that component shall be— (a) the higher rate, if he falls within subsection (9) above by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (ab), (b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (9) above and that mentioned in paragraph (b) of that subsection; and (b) the lower rate in any other case. (12) For the purposes of this section in its application to a person who is terminally ill, as defined in section 66(2) above, and who makes a claim expressly on the ground that he is such a person— (a) subsection (9)(a) above shall be omitted; and (b) subsection (11)(a) above shall have effect as if for the words from “both" to “subsection", in the fourth place where it occurs, there were substituted the words “ the period mentioned in subsection (9)(b) above ”. (13) Regulations may prescribe cases in which a person who has the use— (a) of an invalid carriage or other vehicle provided by the Welsh Ministers under paragraph 9 of Schedule 1 to the National Health Service (Wales) Act 2006, or the Secretary of State under paragraph 9 of Schedule 1 to the National Health Service Act 2006 or under section 46 of the National Health Service (Scotland) Act 1978 or provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972; or (b) of any prescribed description of appliance supplied under the enactments relating to the National Health Service being such an appliance as is primarily designed to afford a means of personal and independent locomotion out of doors, is not to be paid any amount attributable to entitlement to the mobility component or is to be paid disability living allowance at a reduced rate in so far as it is attributable to that component. (14) A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.

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74 Mobility component for certain persons eligible for invalid carriages.

(1) Regulations may provide for the issue, variation and cancellation of certificates in respect of prescribed categories of persons to whom this section applies; and a person in respect of whom such a certificate is issued shall, during any period while the certificate is in force, be deemed for the purposes of section 73 above to satisfy the condition mentioned in subsection (1)(a) of that section and to fall within paragraphs (a) and (b) of subsection (9) by virtue of having satisfied or being likely to satisfy that condition throughout both the periods mentioned in those paragraphs. (2) This section applies to any person whom the Secretary of State considers— (a) was on 1st January 1976 in possession of an invalid carriage or other vehicle provided in pursuance of section 33 of the Health Services and Public Health Act 1968 (which related to vehicles for persons suffering from physical defect or disability) or receiving payments in pursuance of subsection (3) of that section; or (b) had at that date, or at a later date specified by the Secretary of State, made an application which the Secretary of State approved for such a carriage or vehicle or for such payments; or (c) was, both at some time during a prescribed period before that date and at some time during a prescribed period after that date, in possession of such a carriage or vehicle or receiving such payments; or (d) would have been, by virtue of any of the preceding paragraphs, a person to whom this section applies but for some error or delay for which in the opinion of the Secretary of State the person was not responsible and which was brought to the attention of the Secretary of State within the period of one year beginning with 30th March 1977 (the date of the passing of the Social Security (Miscellaneous Provisions) Act 1977, section 13 of which made provision corresponding to the provision made by this section).

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75 Persons who have attained pensionable age

(1) Except to the extent to which regulations provide otherwise, no person shall be entitled to either component of a disability living allowance for any period after he attains pensionable age otherwise than by virtue of an award made before he attains that age. (2) Regulations may provide in relation to persons who are entitled to a component of a disability living allowance by virtue of subsection (1) above that any provision of this Act which relates to disability living allowance, other than section 74 above, so far as it so relates, and any provision of the Administration Act which is relevant to disability living allowance— (a) shall have effect subject to modifications, additions or amendments; or (b) shall not have effect.

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76 Disability living allowance - supplementary.

(1) Subject to subsection (2) below, a person shall not be entitled to a disability living allowance for any period preceding the date on which a claim for it is made or treated as made by him or on his behalf. (2) Notwithstanding anything in subsection (1) above, provision may be made by regulations for a person to be entitled to a component of a disability living allowance for a period preceding the date on which a claim for such an allowance is made or treated as made by him or on his behalf if he has previously been entitled to that component. (3) For the purposes of sections 72(5) and 73(12) above where— (a) a person purports to make a claim for a disability living allowance on behalf of another; and (b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill, that person shall be regarded as making the claim notwithstanding that it is made without his knowledge or authority.

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77 Guardian’s allowance.

(1) A person shall be entitled to a guardian’s allowance in respect of a child or qualifying young person if— (a) he is entitled to child benefit in respect of that child or qualifying young person, and (b) the circumstances are any of those specified in subsection (2) below. ... (2) The circumstances referred to in subsection (1)(b) above are— (a) that both of the parents of the child or qualifying young person are dead; or (b) that one of the parents of the child or qualifying young person is dead and the person claiming a guardian’s allowance shows that he was at the date of the death unaware of, and has failed after all reasonable efforts to discover, the whereabouts of the other parent; or (c) that one of the parents of the child or qualifying young person is dead and the other is in prison. (3) There shall be no entitlement to a guardian’s allowance in respect of a child or qualifying young person unless at least one of the parents of the child or qualifying young person satisfies, or immediately before his death satisfied, such conditions as may be prescribed as to nationality, residence, place of birth or other matters. (4) Where, apart from this subsection, a person is entitled to receive, in respect of a particular child or qualifying young person, payment of an amount by way of a guardian’s allowance, that amount shall not be payable unless one of the conditions specified in subsection (5) below is satisfied. (5) Those conditions are— (a) that 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) that the requisite contributions are being made to the cost of providing for the child or qualifying young person. (6) The condition specified in subsection (5)(b) above is to be treated as satisfied if, but only if— (a) such contributions are being made at a weekly rate not less than the amount referred to in subsection (4) above— (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 purpose of satisfying section 143(1)(b) below. (7) A guardian’s allowance in respect of a child or qualifying young person shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 5. (8) Regulations— (a) may modify subsection (2) or (3) above in relation to cases in which a child or qualifying young person has been adopted or is illegitimate, or the marriage of the parents of a child or qualifying young person has been terminated by divorce or the civil partnership of the child’s parents has been dissolved; (b) shall prescribe the circumstances in which a person is to be treated for the purposes of this section as being in prison (by reference to his undergoing a sentence of imprisonment for life or of a prescribed minimum duration, or to his being in legal custody in prescribed circumstances); and (c) may, for cases where entitlement to a guardian’s allowance is established by reference to a person being in prison, provide— (i) for requiring him to pay to the National Insurance Fund sums paid by way of a guardian’s allowance; (ii) for suspending payment of an allowance where a conviction, sentence or order of a court is subject to appeal, and for matters arising from the decision of an appeal; (iii) for reducing the rate of an allowance in cases where the person in prison contributes to the cost of providing for the child or qualifying young person. (9) Where a man and woman are married to, or civil partners of, each other and are residing together, and, apart from this subsection, they would each be entitled to a guardian’s allowance in respect of the same child or qualifying young person, only the woman shall be entitled, but payment may be made either to her or to him unless she elects in the prescribed manner that payment is not to be made to him. (10) Subject to subsection (11) below, no person shall be entitled to a guardian’s allowance in respect of a child or qualifying young person of which he or she is the parent. (11) Where a person— (a) has adopted a child or qualifying young person ; and (b) was entitled to guardian’s allowance in respect of the child or qualifying young person immediately before the adoption, subsection (10) above shall not terminate his entitlement.

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78 Category C and Category D retirement pensions and other benefits for the aged.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) A person who is over the age of 80 , who reached pensionable age before 6 April 2016 and who satisfies such conditions as may be prescribed shall be entitled to a Category D retirement pension at the appropriate weekly rate if— (a) he is not entitled to a Category A, Category B or Category C retirement pension; or (b) he is entitled to such a pension, but it is payable at a weekly rate which, disregarding those elements specified in subsection (4) below, is less than the appropriate weekly rate. (4) The elements referred to in subsection (3)(b) above are— (a) any additional pension; (b) any increase so far as attributable to— (i) any additional pension, or (ii) any increase in a guaranteed minimum pension; (c) any graduated retirement benefit; and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) The appropriate weekly rate of a Category D retirement pension shall be that specified in Schedule 4, Part III, paragraph 7. (7) Entitlement to a ... Category D retirement pension shall continue throughout the pensioner’s life. (8) A ... Category D retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 5(1)(k) of the Administration Act. (9) Regulations may provide for the payment— (a) to a widow whose husband was over pensionable age on 5th July 1948; or (b) to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death, of a Category C retirement pension or of benefit corresponding to a widow’s pension or a widowed mother’s allowance; and any such retirement pension or any such benefit shall be at the prescribed rate.

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79 Age addition.

(1) A person who is over the age of 80 and entitled to a retirement pension of any category under this Act shall be entitled to an increase of the pension, to be known as “age addition”. (2) Where a person is in receipt of a pension or allowance payable by the Secretary of State by virtue of any prescribed enactment or instrument (whether passed or made before or after this Act) and— (a) he is over the age of 80; and (b) he fulfils such other conditions as may be prescribed, he shall be entitled to an increase of that pension or allowance, also known as age addition. (3) Age addition shall be payable for the life of the person entitled, at the weekly rate specified in Schedule 4, Part III, paragraph 8.

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80 Beneficiary’s dependent children.

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81 Restrictions on increase - child not living with beneficiary etc.

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82 Short-term benefit: increase for adult dependants.

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83 Pension increase (wife)

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84 Pension increase (husband).

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85 Pension increase (person with care of children).

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86 Increase of woman’s invalidity pension (husband).

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86A Incapacity benefit: increase for adult dependants.

(1) The weekly rates of short-term and long-term incapacity benefit shall, in such circumstances as may be prescribed, be increased for adult dependants by the appropriate amount specified in relation to benefit of that description in Schedule 4, Part IV, column (3). (2) Regulations may provide that where the person in respect of whom an increase of benefit is claimed has earnings in excess of such amount as may be prescribed there shall be no increase of benefit under this section.

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87 Rate of increase where associated retirement pension is attributable to reduced contributions.

(1) Where a person— (a) is entitled to short-term incapacity benefit under section 30A(2)(b) above; and (b) would have been entitled only by virtue of section 60(1) above to the retirement pension by reference to which the rate of that benefit ... is determined, the amount of any increase of the benefit attributable to sections 82 to 86A above shall be determined in accordance with regulations under this section. (2) The regulations shall not provide for any such increase in a case where the retirement pension by reference to which the rate of the said benefit ... is determined— (a) would have been payable only by virtue of section 60 above; and (b) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension.

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88 Increases to be in respect of only one adult dependant.

A person shall not by virtue of section 86A above be entitled for the same period to an increase of benefit in respect of more than one person.

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89 Earnings to include occupational and personal pensions etc. for purposes of provisions relating to increases of benefits in respect of ... adult dependants.

(1) Except as may be prescribed, in ... sections 82 and 86A above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of occupational or personal pension. (1A) Except as may be prescribed, in sections 82 and 86A above, and in regulations under section 86A above, any reference to earnings includes a reference to payments by way of PPF periodic payments. (2) For the purposes of the provisions mentioned in subsections (1) and (1A) above, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational or personal pension or PPF periodic payments 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. (3) In this section “PPF periodic payments” means— (a) any periodic compensation payments made in relation to a person, payable under the pension compensation provisions as specified in section 162(2) of the Pensions Act 2004 or Article 146(2) of the Pensions (Northern Ireland) Order 2005 (the pension compensation provisions); or (b) any periodic payments made in relation to a person, payable under section 166 of the Pensions Act 2004 or Article 150 of the Pensions (Northern Ireland) Order 2005 (duty to pay scheme benefits unpaid at assessment date etc.), other than payments made to a surviving dependant of a person entitled to such compensation.

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90 Beneficiaries under sections 68 and 70.

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91 Effect of trade disputes on entitlement to increases.

(1) A beneficiary shall not be entitled— (a) to an increase in any benefit under or by virtue of sections 82 to 88 above; or (b) to an increase in benefit ... by virtue of regulations under section 90 above, if the person in respect of whom he would be entitled to the increase falls within subsection (2) below. (2) A person falls within this subsection if— (a) he is prevented from being entitled to a jobseeker’s allowance by section 14 of the Jobseekers Act 1995 (trade disputes); or (b) he would be so prevented if he were otherwise entitled to that benefit.

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92 Dependency increases: continuation of awards in cases of fluctuating earnings.

(1) Where a beneficiary— (a) has been awarded an increase of benefit under this Part of this Act, 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 section the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.

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93 Dependency increases on termination of employment after period of entitlement to disability working allowance.

Where— (a) a person becomes entitled— (i) to the higher rate of short-term incapacity benefit, or to long-term incapacity benefit, by virtue of section 30C(5) or (6) or section 42 above, ... (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) when he was last entitled to that benefit ... , it was increased in respect of a dependant by virtue of— (i) regulation 8(6) of the Social Security Benefit (Dependency) Regulations 1977; (ii) regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations 1984; (iii) regulation 3 of the Social Security Benefit (Dependency) Amendment Regulations 1984; or (iv) regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989, for the purpose of determining whether his benefit ... should be increased by virtue of that regulation for any period beginning with the day on which he again becomes entitled to his benefit ... , the increase in respect of that dependant shall be treated as having been payable to him on each day between the last day on which his benefit ... was previously payable and the day on which he again becomes entitled to it.

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94 Right to industrial injuries benefit.

(1) Industrial injuries benefit shall be payable where an employed earner suffers personal injury caused ... by accident arising out of and in the course of his employment, being employed earner’s employment. (2) Industrial injuries benefit consists of the following benefits— (a) disablement benefit payable in accordance with sections 103 to 105 below, paragraphs 2 and 3 of Schedule 7 below and Parts II and III of that Schedule; (b) reduced earnings allowance payable in accordance with Part IV; (c) retirement allowance payable in accordance with Part V; and (d) industrial death benefit, payable in accordance with Part VI. (3) For the purposes of industrial injuries benefit an accident arising in the course of an employed earner’s employment shall be taken, in the absence of evidence to the contrary, also to have arisen out of that employment. (4) Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident. (5) Subject to sections 117, 119 and 120 below, industrial injuries benefit shall not be payable in respect of an accident happening while the earner is outside Great Britain. (6) In the following provisions of this Part of this Act “work” in the contexts “incapable of work” and “incapacity for work” means work which the person in question can be reasonably expected to do.

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95 Relevant employments.

(1) In section 94 above, this section and sections 98 to 109 below “employed earner’s employment” shall be taken to include any employment by virtue of which a person is, or is treated by regulations as being for the purposes of industrial injuries benefit, an employed earner. (2) Regulations may provide that any prescribed employment shall not be treated for the purposes of industrial injuries benefit as employed earner’s employment notwithstanding that it would be so treated apart from the regulations. (3) For the purposes of the provisions of this Act mentioned in subsection (1) above an employment shall be an employed earner’s employment in relation to an accident if (and only if) it is, or is treated by regulations as being, such an employment when the accident occurs. (4) Any reference in the industrial injuries and diseases provisions to an “employed earner” or “employed earner’s employment” is to be construed, in relation to any time before 6th April 1975, as a reference respectively to an “insured person” or “insurable employment” within the meaning of the provisions relating to industrial injuries and diseases which were in force at that time. (5) In subsection (4) above “the industrial injuries and diseases provisions” means— (a) this section and sections 96 to 110 below; (b) any other provisions of this Act so far as they relate to those sections; and (c) any provisions of the Administration Act, Chapter II of Part I of the Social Security Act 1998 or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999, so far as they so relate.

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95A Employment training schemes etc

(1) In the industrial injuries and diseases provisions any reference to employed earner's employment shall be taken to include participation in an employment training scheme or employment training course of a prescribed description (and “employed earner” shall be construed accordingly). (2) In those provisions, a reference to an employer, in relation to any such participation, shall be taken to be a prescribed person. (3) In this section “industrial injuries and diseases provisions” has the same meaning as in section 95(4) above.

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96 Persons treated as employers for certain purposes.

In relation to— (a) a person who is an employed earner for the purposes of this Part of this Act otherwise than by virtue of a contract of service or apprenticeship; or (b) any other employed earner— (i) who is employed for the purpose of any game or recreation and is engaged or paid through a club; or (ii) in whose case it appears to the Secretary of State there is special difficulty in the application of all or any of the provisions of this Part of this Act relating to employers, regulations may provide for a prescribed person to be treated in respect of industrial injuries benefit and its administration as the earner’s employer.

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97 Accidents in course of illegal employments.

(1) Subsection (2) below has effect in any case where— (a) a claim is made for industrial injuries benefit in respect of an accident, or of a prescribed disease or injury; or (b) an application is made under section 29 of the Social Security Act 1998 for a declaration that an accident was an industrial accident, or for a corresponding declaration as to a prescribed disease or injury. (2) The Secretary of State may direct that the relevant employment shall, in relation to that accident, disease or injury, be treated as having been employed earner’s employment notwithstanding that by reason of a contravention of, or non-compliance with, some provision contained in or having effect under an enactment passed for the protection of employed persons or any class of employed persons, either— (a) the contract purporting to govern the employment was void; or (b) the employed person was not lawfully employed in the relevant employment at the time when, or in the place where, the accident happened or the disease or injury was contracted or received. (3) In subsection (2) above “relevant employment” means— (a) in relation to an accident, the employment out of and in the course of which the accident arises; and (b) in relation to a prescribed disease or injury, the employment to the nature of which the disease or injury is due.

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98 Earner acting in breach of regulations, etc.

An accident shall be taken to arise out of and in the course of an employed earner’s employment, notwithstanding that he is at the time of the accident acting in contravention of any statutory or other regulations applicable to his employment, or of any orders given by or on behalf of his employer, or that he is acting without instructions from his employer, if— (a) the accident would have been taken so to have arisen had the act not been done in contravention of any such regulations or orders, or without such instructions, as the case may be; and (b) the act is done for the purposes of and in connection with the employer’s trade or business.

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99 Earner travelling in employer’s transport.

(1) An accident happening while an employed earner is, with the express or implied permission of his employer, travelling as a passenger by any vehicle to or from his place of work shall, notwithstanding that he is under no obligation to his employer to travel by that vehicle, be taken to arise out of and in the course of his employment if— (a) the accident would have been taken so to have arisen had he been under such an obligation; and (b) at the time of the accident, the vehicle— (i) is being operated by or on behalf of his employer or some other person by whom it is provided in pursuance of arrangements made with his employer; and (ii) is not being operated in the ordinary course of a public transport service. (2) In this section references to a vehicle include a ship, vessel, hovercraft or aircraft.

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100 Accidents happening while meeting emergency.

An accident happening to an employed earner in or about any premises at which he is for the time being employed for the purposes of his employer’s trade or business shall be taken to arise out of and in the course of his employment if it happens while he is taking steps, on an actual or supposed emergency at those premises, to rescue, succour or protect persons who are, or are thought to be or possibly to be, injured or imperilled, or to avert or minimise serious damage to property.

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