Part IE+W+S Amendments of the Contributions and Benefits Act
1E+W+SIn section 4 of the M1Social Security Contributions and Benefits Act 1992 (payments treated as remuneration and earnings), in subsection (3) (meaning of “sickness payment") omit the words “within the meaning of section 57 below".
2(1)Section 20 of the M2Social Security Contributions and Benefits Act 1992 (descriptions of contributory benefits) is amended as follows.E+W+S
(2)In subsection (1) (list of benefits), for paragraphs (b) and (c) substitute—
“(b)incapacity benefit, comprising—
(i)short-term incapacity benefit, and
(ii)long-term incapacity benefit;”.
(3)In subsection (2)—
(a)in the definition of “long-term benefit" for paragraph (a) substitute—
“(a)long-term incapacity benefit;”;
(b)in the definition of “short-term benefit" for paragraph (b) substitute—
“(b)short-term incapacity benefit; and”.
3(1)Section 21 of the M3Social Security Contributions and Benefits Act 1992 (contribution conditions) is amended as follows.E+W+S
(2)In subsection (1) (benefits which are subject to contribution conditions being satisfied) for “other than invalidity benefit" substitute “ other than long-term incapacity benefit under section 30A below or short-term or long-term incapacity benefit under section 40 or 41 below ”.
(3)In subsection (2), in the first part of the table (classes of contributions relevant in relation to benefits), for “Sickness benefit" substitute “ Short-term incapacity benefit under section 30A below ”.
F14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 4 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F25E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 1 para. 5 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F36E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 1 para. 6 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
7E+W+SOmit sections 31 to 34 of the M4Social Security Contributions and Benefits Act 1992 (sickness benefit and invalidity benefit).
8E+W+SFor section 40 of the M5Social Security Contributions and Benefits Act 1992 (invalidity pension for widows) substitute—
“40 Long-term incapacity benefit for widows.
(1)Subject to subsection (2) below, this section applies to a woman who—
(a)on her late husband’s death is not entitled to a widowed mother’s allowance or subsequently ceases to be entitled to such an allowance;
(b)is incapable of work at the time when he dies or when she subsequently ceases to be so entitled;
(c)either—
(i)would have been entitled to a widow’s pension if she had been over the age of 45 when her husband died or when she ceased to be entitled to a widowed mother’s allowance; or
(ii)is entitled to such a pension with a reduction under section 39(4) above; and
(d)is not entitled to incapacity benefit apart from this section.
(2)This section does not apply to a woman unless—
(a)her husband died after 5th April 1979; or
(b)she ceased to be entitled to a widowed mother’s allowance after that date (whenever her husband died).
(3)A woman to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance; and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(4)A woman to whom this section applies who is not entitled to long-term incapacity benefit under subsection (3) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when her late husband died or she subsequently ceased to be entitled to a widowed mother’s allowance, and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a woman is terminally ill if she suffers from a progressive disease and her death in consequence of that disease can reasonably be expected within 6 months.
(5)The weekly rate of incapacity benefit payable under this section is—
(a)if the woman is not entitled to a widow’s pension, that which would apply if she were entitled to long-term incapacity benefit under section 30A above; and
(b)if she is entitled to a widow’s pension with a reduction under section 39(4) above, the difference between the weekly rate of that pension and the weekly rate referred to in paragraph (a) above.
(6)A woman is not entitled to incapacity benefit under this section if she is over pensionable age; but if she has attained pensionable age and the period of incapacity for work mentioned in subsection (3)(a) or (4)(a) above did not terminate before she attained that age—
(a)she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension, and
(b)the weekly rate of the Category A retirement pension to which she is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(7)Where a woman entitled to short-term incapacity benefit under subsection (4) above attains pensionable age and defers her entitlement to a Category A pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(8)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (4) above.”.
9E+W+SFor section 41 of the M6Social Security Contributions and Benefits Act 1992 (invalidity pension for widowers) substitute—
“41 Long-term incapacity benefit for widowers.
(1)This section applies to a man whose wife has died on or after 6th April 1979 and who either—
(a)was incapable of work at the time when she died, or
(b)becomes incapable of work within the prescribed period after that time,
and is not entitled to incapacity benefit apart from this section.
(2)A man to whom this section applies is entitled to long-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time, and
(b)is after that time and after the first 364 days of incapacity for work in that period.
(3)A man to whom this section applies who is not entitled to long-term incapacity benefit under subsection (2) above, but who is terminally ill, is entitled to short-term incapacity benefit under this section for any day of incapacity for work which—
(a)falls in a period of incapacity for work that began before the time when his wife died or within the prescribed period after that time, and
(b)is after that time and after the first 196 days of incapacity for work in that period.
For the purposes of this subsection a man is terminally ill if he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months.
(4)The weekly rate of incapacity benefit payable under this section is that which would apply if he were entitled to long-term incapacity benefit under section 30A above.
(5)A man is not entitled to incapacity benefit under this section if he is over pensionable age; but if he has attained pensionable age, and the period of incapacity for work mentioned in subsection (2)(a) or (3)(a) above did not terminate before he attained that age—
(a)he shall, if not otherwise entitled to a Category A retirement pension and also not entitled to a Category B retirement pension by virtue of section 51 below, be entitled to a Category A retirement pension; and
(b)the weekly rate of the Category A retirement pension to which he is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the prescribed manner.
(6)Where a man entitled to short-term incapacity benefit under subsection (3) above attains pensionable age and defers his entitlement to a Category A pension or makes an election under section 54(1) below, the days of incapacity for work falling within the period of incapacity for work mentioned in that subsection shall, for the purpose of determining any subsequent entitlement to incapacity benefit under section 30A above or the rate of that benefit, be treated as if they had been days of entitlement to short-term incapacity benefit.
(7)References to short-term incapacity benefit at the higher rate shall be construed as including short-term incapacity benefit payable under subsection (3) above.”.
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Textual Amendments
F4Sch. 1 para. 11 repealed (29.11.1999) by 1998 c. 14, s. 86(2), Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1 (subject to transitional provisions in Schs. 21-23)
12E+W+SIn section 46 of the M8Social Security Contributions and Benefits Act 1992 (modifications of section 45 for calculating additional pension in certain cases), omit—
(a)subsection (1); and
(b)in subsection (2), the words “or 41(4)".
13E+W+SIn section 47 of the M9Social Security Contributions and Benefits Act 1992 (increase of Category A retirement pension for invalidity), in subsections (1) and (5) for “invalidity allowance" substitute “ age addition to long-term incapacity benefit by virtue of regulations under section 30B(7) above ”.
Modifications etc. (not altering text)
C1Sch. 1 para. 13 restricted (13.4.1995) by S.I. 1995/310, reg. 23
Marginal Citations
14E+W+SOmit section 57 of the M10Social Security Contributions and Benefits Act 1992 (determination of days for which benefit is payable).
15E+W+SOmit section 58 of the M11Social Security Contributions and Benefits Act 1992 (incapacity for work: work as councillor to be disregarded).
16E+W+SOmit section 59 of the M12Social Security Contributions and Benefits Act 1992 (invalidity benefit: disqualifications, &c.).
17(1)Section 61 of the M13Social Security Contributions and Benefits Act 1992 (exclusion of increase of benefit in case of failure to satisfy contribution conditions) is amended as follows.E+W+S
(2)In subsection (2) for paragraph (b) substitute—
“(b)to short-term incapacity benefit at a rate determined under section 30B(3) above.”.
(3)In the same subsection omit—
(a)paragraph (c) and the word “or" preceding it; and
(b)the words “or invalidity pension" (twice).
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Textual Amendments
F5Sch. 1 para. 18 repealed (3.11.2000 for specified purposes, otherwise 6.4.2001) by 1999 c. 30, s. 88, Sch. 13 Pt. IV; S.I. 2000/2958, art. arts. 2(3)(g)(4)(5) (with art. 4)
F619E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 1 para. 19 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F720E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7Sch. 1 para. 20 repealed (19.7.1995 with effect on or after 6.4.2010 in accordance with Sch. 4 paras. 19, 20 of the repealing Act) by 1995 c. 26, ss. 177, 126, Sch. 7 Pt. II Note; and Sch. 1 para. 20 also expressed to be repealed (26.9.2007 with effect on 6.4.2010 in accordance with s. 27(4)(b) of the repealing Act) by Pensions Act 2007 (c. 22), ss. 27(2), 30(3), Sch. 7 Pt. 2 (with s. 4(5))
F821E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 1 para. 21 repealed (19.7.1995 with effect on or after 6.4.2010 in accordance with Sch. 4 paras. 19, 20 of the repealing Act) by 1995 c. 26, s. 177, Sch. 7 Pt. II Note; and Sch. 1 para. 21 also expressed to be repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
22E+W+SF9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F9Sch. 1 para. 20 repealed (26.9.2007 with effect on 6.4.2010 in accordance with s. 27(4)(b) of the repealing Act) by Pensions Act 2007 (c. 22), ss. 27(2), 30, Sch. 7 Pt. 2 (with s. 4(5))
23E+W+SOmit section 86 of the M14Social Security Contributions and Benefits Act 1992 (increase of wife’s invalidity pension for dependent husband).
24(1)Section 87 of the M15Social Security Contributions and Benefits Act 1992 (rate of increase where associated retirement pension is attributable to reduced contributions) is amended as follows.E+W+S
F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)For the words in subsection (1) following paragraph (b) substitute— “ 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. ”.
Textual Amendments
F10Sch. 1 para. 24(2)(3) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
25E+W+SFor section 88 of the M16Social Security Contributions and Benefits Act 1992 (pension increases to be in respect of only one adult dependant) substitute—
“88 Increases to be in respect of only one adult dependant.
A person shall not under or by virtue of sections 83 to 86A above be entitled for the same period to an increase of benefit in respect of more than one person.”.
26E+W+SIn section 89 of the M17Social Security Contributions and Benefits Act 1992 (references to earnings to include occupational and personal pensions) for “sections 82 to 86 above" substitute “ sections 82 to 86A above, and in regulations under section 86A above, ”.
27E+W+SIn section 91(1) of the M18Social Security Contributions and Benefits Act 1992 (effect of trade disputes on entitlement to increases: increases to which section applies), in paragraph (a) for “under sections 82 to 88 above" substitute “ under or by virtue of sections 82 to 88 above ”.
28E+W+SIn section 93 of the M19Social Security Contributions and Benefits Act 1992 (dependency increases on termination of employment after period of entitlement to disability working allowance)—
(a)for paragraph (a) substitute—
“(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, or
(ii)to severe disablement allowance by virtue of section 68(10) or (10A) above; and”;
(b)in paragraph (b) and the closing words for “pension or" (four times) substitute “ benefit or ”.
29E+W+SOmit section 102 of the M20Social Security Contributions and Benefits Act 1992 (sickness benefit in respect of industrial injury).
F1130E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 1 para. 30 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
31E+W+SIn section 126(1) of the M21Social Security Contributions and Benefits Act 1992 (income support: trade disputes), in the closing words, omit “by reason of disease or bodily or mental disablement".
32E+W+SF12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 1 para. 32 repealed (6.4.2003) by 2002 c. 21, ss. 60, 61, Sch. 6; S.I. 2003/962, art. 2(3)(e), Sch. 1 (subject to savings and transitional provisions in arts 3, 4)
33E+W+SIn section 150(1) of the M22Social Security Contributions and Benefits Act 1992 (qualifying benefits for purposes of Christmas bonus for pensioners), for paragraph (b) substitute—
“(b)long-term incapacity benefit;”.
34E+W+SIn section 151(4) of the M23Social Security Contributions and Benefits Act 1992 (employer’s liability to pay statutory sick pay: days to be treated as days of incapacity for work), for the words from “a day shall not be treated as a day" to “unless on that day" substitute “ a day of incapacity for work in relation to a contract of service means a day on which ”.
F1335E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 1 para. 35 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F1436E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Sch. 1 para. 36 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
F1537E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 1 para. 37 repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
38(1)Schedule 3 to the M24Social Security Contributions and Benefits Act 1992 (contribution conditions for entitlement to benefit) is amended as follows.E+W+S
(2)In paragraph 2(6)(b) (meaning of “relevant benefit year" for purposes of contribution conditions for short-term incapacity benefit), for “period of interruption of employment" substitute “ period of incapacity for work ”.
(3)In paragraph 5(6) (widowed mother’s allowance, widow’s pension and Category A and B retirement pensions), for “an invalidity pension" substitute “ long-term incapacity benefit ”.
(4)In paragraph 8 (persons deemed to satisfy contribution conditions by virtue of entitlement to another short-term benefit) for “sickness benefit" (twice) substitute “ short-term incapacity benefit ”.
39E+W+SIn Schedule 4 to the M25Social Security Contributions and Benefits Act 1992 (rates of benefit, &c.)—
(a)in Part I (contributory periodical benefits), omit paragraph 3; and
F16(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F16Sch. 1 para. 39(b) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
40E+W+SF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 1 para. 40 repealed (6.4.2012) by Pensions Act 2011 (c. 19), ss. 2(6), 38(4), Sch. 2 para. 4(a) (with s. 2(8)); S.I. 2011/3034, art. 4(c)(e)(f)(iv)
41(1)Schedule 7 to the M26Social Security Contributions and Benefits Act 1992 (industrial injuries benefits) is amended as follows.E+W+S
(2)In paragraph 3 (restriction on increase of unemployability supplement)—
(a)in sub-paragraph (2) omit “or an invalidity pension"; and
(b)in sub-paragraph (3) omit “or invalidity pension".
F18(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Sch. 1 para. 41(3) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations
42E+W+SIn Part I of Schedule 8 to the M27Social Security Contributions and Benefits Act 1992 (workmen’s compensation and industrial diseases benefit in respect of employment before 5th July 1948: nature and amount of benefit under industrial diseases benefit schemes), in paragraph 6(4)(d)—
(a)for “section 82" substitute “ section 86A ”; and
(b)for “sickness benefit" substitute “ short-term incapacity benefit ”.
43(1)Schedule 11 to the M28Social Security Contributions and Benefits Act 1992 (circumstances in which entitlement to statutory sick pay does not arise) is amended as follows.E+W+S
(2)In paragraph 2, for sub-paragraphs (d) and (e) substitute—
“(d)in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—
(i)he was entitled to incapacity benefit (or would have been so entitled had he satisfied the contribution conditions mentioned in section 30A(2)(a) above), or
(ii)she was entitled to a maternity allowance, or
(iii)he was entitled to a severe disablement allowance;”.
(3)Omit paragraph 5.
44(1)Schedule 12 to the M29Social Security Contributions and Benefits Act 1992 (relationship of statutory sick pay with benefits and other payments, &c.) is amended as follows.E+W+S
(2)In paragraph 1 (day of entitlement to statutory sick pay not to count as day of incapacity for work for certain purposes), after “period of interruption of employment" insert “ for the purposes of unemployment benefit or a period of incapacity for work for the purposes of incapacity benefit ”.
(3)For paragraphs 3 and 4 (sickness benefit) substitute—
“ Incapacity benefitE+W+S
3(1)This paragraph and paragraph 4 below have effect to exclude, where a period of entitlement as between an employee and an employer of his comes to an end, the provisions by virtue of which short-term incapacity benefit is not paid for the first three days.
(2)If the first day immediately following the day on which the period of entitlement came to an end—
(a)is a day of incapacity for work in relation to that employee, and
(b)is not a day in relation to which paragraph 1 above applies by reason of any entitlement as between the employee and another employer,
that day shall, except in prescribed cases, be or form part of a period of incapacity for work notwithstanding section 30C(1)(b) above (by virtue of which a period of incapacity for work must be at least 4 days long).
(3)Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day to which paragraphs (a) and (b) of sub-paragraph (2) above apply, that sub-paragraph has effect in relation to the second day or, as the case may be, in relation to the second and third days, as it has effect in relation to the first.
4(1)Where a period of entitlement as between an employee and an employer of his comes to an end, section 30A(3) above (exclusion of benefit for first 3 days of period) does not apply in relation to any day which—
(a)is or forms part of a period of incapacity for work (whether by virtue of paragraph 3 above or otherwise), and
(b)falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.
(2)Where sub-paragraph (1) above applies in relation to a day, section 30A(3) above does not apply in relation to any later day in the same period of incapacity for work.”.
(4)For paragraph 5 substitute—
“ Incapacity benefit for widows and widowersE+W+S
5Paragraph 1 above does not apply for the purpose of determining whether the conditions specified in section 40(3) or (4) or section 41(2) or (3) above are satisfied.”.
45(1)Schedule 13 to the M30Social Security Contributions and Benefits Act 1992 (relationship between statutory maternity pay and other benefits) is amended as follows.E+W+S
F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)For paragraph 2 (invalidity) substitute—
“ Incapacity benefitE+W+S
2(1)Regulations may provide that in prescribed circumstances a day which falls within the ma ternity pay period shall be treated as a day of incapacity for work for the purpose of determin ing entitlement to the higher rate of short-term incapacity benefit or to long-term incapacity benefit.
(2)Regulations may provide that an amount equal to a woman’s statutory maternity pay for a period shall be deducted from any such benefit in respect of the same period and a woman shall be entitled to such benefit only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.”.
Textual Amendments
F19Sch. 1 para. 45(2) repealed (7.10.1996) by 1995 c. 18, s. 41(5), Sch. 3; S.I. 1996/2208, art. 2(b)
Marginal Citations