Social Security Act 1986

PART III Benefits under Social Security Act 1975

Social Security Act 1975 (c. 14)

62 The Social Security Act 1975 shall have effect subject to the amendments specified in paragraphs 63 to 66 below.

63 In section 12(1) (descriptions of contributory benefits) the following sub-paragraph shall be substituted for sub-paragraph (i) of paragraph (e)—

“(i) widow's payment,”.

64 In section 13 (contribution conditions) in subsection (1), in the Table headed " Other benefits " the following entry shall be inserted before the entry relating to widowed mother's allowance—

“Widow's payment”.

65 The following entry shall be inserted in section 167(1)(a) of that Act (regulations subject to affirmative Parliamentary procedure) immediately after the entry relating to section 20(3)—

“section 61(3) (constant attendance allowance);”

66 In Schedule 3 (contribution conditions)—

(a) in paragraph 4(1) for the words preceding paragraph (a) there shall be substituted the words—

“Widow's payment

4 (1) The contribution condition for a widow's payment is that—”.

(b) " payment" shall be substituted for "allowance"—

(i) in sub-paragraph (2)(b) of paragraph 8 ; and

(ii) in the second place where it occurs in sub-paragraph (3) of that paragraph ; and

(c) the following paragraph shall be substituted for paragraph 13—

“13 Where a woman claims a widow's payment, the contributor concerned for the purposes of the claim shall be deemed to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 above, with contributions of a class relevant to widow's payment.”.

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)

67 The words following " pension rate " shall be omitted from sections 2(6)(b) and 7(2)(c) (weekly rates of benefit) of the Industrial Injuries and Diseases (Old Cases) Act 1975.

68 (1) In section 4(8)(a) of that Act (parliamentary procedure for making of schemes) for the words " an up-rating order under the Social Security Act " there shall be substituted the words "any order or regulations under the Social Security Acts 1975 to 1986 ".

(2) In section 7 of that Act (amount of benefit)—

(a) in subsection (3), the following paragraph shall be substituted for paragraph (d)—

“(d) where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under section 44 of that Act in respect of the spouse if the person were entitled to sickness benefit).”; and

(b) in subsection (4), the following paragraph shall be substituted for the paragraph set out in that subsection—

“(d) where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say. an amount equal to any increase which would be payable under section 66 of that Act in respect of the spouse if the person were entitled to disablement pension plus unemployability supplement).”.

Social Security Pensions Act 1975 (c. 60)

69 In section 13(3) of the Social Security Pensions Act 1975 (rate of widowed mother's allowance and widow's pension) for " 50" there shall be substituted "55 ".

70 In section 15 of that Act (invalidity pension for widows)—

(a) in subsection (1)—

(i) the following paragraphs shall be substituted for paragraphs (a) and (b)—

“(a) is not entitled to a widowed mother's allowance on her late husband's death or subsequently ceases to be entitled to such an allowance; and

(b) is incapable of work at the time when he died or when she subsequently ceases to be so entitled ;”;

(ii) in paragraph (c), for " 40 " there shall be substituted "45 ";

(b) in subsection (2)(a), for the words from " she " to the end there shall be substituted the words "her late husband died or she subsequently ceased to be entitled to a widowed mother's allowance ; "; and

(c) in subsection (4)(a), for " 50 " there shall be substituted "55 ".