Social Security Act 1985

14 Special hardship allowance

In section 60 of the [1975 c. 14.] Social Security Act 1975 (increase of disablement benefit for special hardship)—

(a) the following subsection shall be inserted after subsection (1)—

“(1A) The Secretary of State may by regulations provide that in prescribed circumstances employed earner's employment in which a claimant was engaged when the relevant accident took place but which was not his regular occupation is to be treated as if it had been his regular occupation.”;

(b) in subsection (2)(a), for the words " of his " there shall be substituted the words " , except to the extent that it falls to be treated as including such an occupation by virtue of regulations under subsection (1A) above,";

(c) in subsection (6)—

(i) after the word " above", in the first place where it occurs, there shall be inserted the words " and to subsection (6A) below,"; and

(ii) for the words " his regular occupation within the meaning of subsection (1) above " there shall be substituted the words " the relevant occupation"; and

(d) the following subsections shall be inserted after that subsection—

“(6A) A person who is entitled to an increase of pension under this section by virtue of regulations under subsection (1A) above shall not be paid such an increase for any period during which he would not normally be engaged in full-time employed earner's employment.

(6B) In subsection (6) above " the relevant occupation " means—

(a) in relation to a person who is entitled, to an increase of pension under this section by virtue of regulations under subsection (1 A) above, the occupation in which he was engaged when the relevant accident took place; and

(b) in relation to any other person who is entitled to an increase of pension under this section, his regular occupation within the meaning of subsection (1) above.”.