Social Security Act 1975

159 Payments for pre-1948 cases

(1) This section applies to any person who is or has been at any time after 4th July 1948—

(a) entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts, or under any contracting-out scheme duly certified thereunder; or

(b) entitled to payments on account of an injury pension under or by virtue of any enactment in respect of an injury received or disease contracted by him before 5th July 1948 or in respect of his retirement in consequence of such an injury or disease.

(2) In subsection (1) above—

(a) " the Workmen's Compensation Acts " means the [1925 c. 84.] Workmen's Compensation Acts 1925 to 1945 or the enactments repealed by the Workmen's Compensation Act 1925, or those repealed by the [1906 c. 58.] Workmen's Compensation Act 1906; and

(b) " injury pension " includes any pension or similar benefit payable in respect of a person's employment or former employment, being a pension or benefit which would not be payable or would be payable at a less rate but for an injury or disease referable to that employment.

(3) Regulations may provide—

(a) for conferring on persons to whom this section applies who as a result of the injury or disease in question are, or could for the purpose of the provisions of this Act relating to unemployability supplement be treated as being, incapable of work and likely to remain permanently so incapable—

(i) the like right to payments under this Act by way of unemployability supplement, and

(ii) the like right to payments under this Act in respect of a child or adult dependant,

as if the injury or disease were one in respect of which a disablement pension were for the time being payable ;

(b) for conferring on persons to whom this section applies who as a result of the injury or disease in question require constant attendance—

(i) the like right to payments under this Act in respect of the need for constant attendance, and

(ii) the like right to an increase for exceptionally severe disablement,

as if the injury or disease were one in respect of which a disablement pension were for the time being payable in respect of an assessment of 100 per cent.;

(c) for applying in relation to payments under this section the provisions of this Act relating to industrial injuries benefit, and to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to—

(i) an unemployability supplement,

(ii) an increase of a disablement pension in respect of a child or adult dependant, or

(iii) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,

(as the case may be) subject to any additions or modifications.

(4) All payments under this section shall be made out of the National Insurance Fund.