Social Security Benefits Act 1975

Section 11.

SCHEDULE 3 Amendments of Parts I and III of Schedule 2 to [1966 c. 20.] Supplementary Benefit Act 1966

Negligible and fractional amounts

1 In paragraph 2 of Schedule 2 to the Supplementary Benefit Act 1966—

(a) sub-paragraph (2) (rounding of benefit to multiple of 5p) shall be omitted;

(b) for sub-paragraph (3) (cases where benefit is combined with other payments) there shall be substituted—

“(3) Sub-paragraph (1) of this paragraph shall not apply where the person claiming or in receipt of benefit is entitled to such other payments as may be specified for the purposes of this paragraph by regulations made by the Secretary of State and the circumstances are such as may be specified in the regulations.”

Capital resources

2 In paragraph 21 of that Schedule (capital (resources under £300 to be disregarded) for " £300 " there shall be substituted " £1,200 ".

3 In paragraph 22 of that Schedule (capital resources treated as equivalent to weekly income of 5p for each complete £25 between £300 and £800 and 12 p for each complete £25 of excess over £800) for the words from " as equivalent to a weekly income of" onwards there shall be substituted the words " as equivalent to a weekly income of 25p for each complete £50 of the excess of the value of the capital resources over £1,200. "

Earnings

4 (1) In paragraph 23(1) of that Schedule (weekly earnings to be treated as reduced by £1 in case of a person subject to section 11 of that Act or person under the age of sixteen and by £2 in other cases) for paragraphs (a) and (b) there shall be substituted—

“(a) if he is the person claiming or in receipt of benefit and his right thereto is subject to the condition of section 11 of this Act, by £2;

(b) in any other case, by £4.”;

and the words " and any amount by which those weekly earnings exceed a multiple of 5 new pence shall be disregarded " shall be omitted.

(2) In paragraph 23 of that Schedule—

(a) in subparagraph (1) for the words " subparagraph (2)" there shall be substituted the words " subparagraphs (1A) and (2) ";

(b) after subparagraph (1) there shall be added—

“(1A) The weekly earnings of—

(a) a child ; and

(b) a person disentitled to benefit by virtue of section 9 of this Act;

whose resources are aggregated by virtue of paragraph 3(2) of this Schedule with those of the person having to provide for his requirements, shall be wholly disregarded.”

Disregards

5 For paragraphs 24 and 25 of that Schedule there shall be substituted—

“Disregard of £4 a week of certain income

24 (1) Subject to the provisions of this paragraph and of paragraph 25 of this Schedule, there shall be disregarded £4 a week of the income taken into account except so far as it consists of earnings or of any sum taken into account under paragraph 22 of this Schedule.

(2) This paragraph does not apply to income so far as it consists of—

(a) allowances under the [1965 c. 53.] Family Allowances Act 1965 ;

(b) any family income supplement under the [1970 c. 55.] Family Income Supplements Act 1970 ;

(c) any graduated retirement benefit under section 36 of the [1965 c. 51.] National Insurance Act 1965 ;

(d) any payment for the maintenance of a person whose requirements are taken into account in ascertaining the amount of benefit, being a payment made under the order of a court or a payment made by a person who for the purposes of this Act is liable to maintain the first mentioned person.

(3) This paragraph does not apply to income so far as it consists of any benefit under Part I of the [1973 c. 38.] Social Security Act 1973 except—

(a) £0.38 of—

(i) any increase of widow's allowance or widowed mother's allowance, being an increase in respect of an only, or the elder or eldest, qualifying child or a second qualifying child ; or

(ii) any child's special allowance or any increase thereof in respect of a second qualifying child ;

(b) £0.28 of—

(i) any increase of a widow's allowance or widowed mother's allowance, being an increase in respect of any additional qualifying child beyond the first two ; or

(ii) any increase of a child's special allowance in respect of any additional qualifying child beyond the second.

(4) This paragraph does not apply to income so far as it consists of industrial injury benefit under the National Insurance (Industrial Injuries) Acts 1965 to 1974 or of industrial death benefit under those Acts except—

(a) so much of—

(i) any widow's pension payable at the higher permanent rate under section 19 of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 ; or

(ii) any widower's pension under section 20 of that Act,

as exceeds the rate specified in Part I of Schedule 4 to the [1973 c. 38.] Social Security Act 1973 for a widow's pension under that Act;

(b) £0.38 of any allowance under section 21 of the said Act of 1965 in respect of—

(i) an only, or the elder or eldest, qualifying child ; or

(ii) a second qualifying child ;

(c) £0.28 of any allowance under section 21 of that Act in respect of any additional qualifying child beyond the first two;

(d) any parent's pension under section 22 of that Act;

(e) any relative's pension under section 23 of that Act.

(5) This paragraph does not apply to income so far as it consists of any pension or allowance for a widow or widower or in respect of children granted in respect of a death due to service or war injury under powers conferred by or under any of the Acts mentioned in paragraph (a) of sub-paragraph (6) of this paragraph or under any such scheme as is mentioned in paragraph (b) of that sub-paragraph except—

(a) so much of any pension or allowance for a widow or widower as exceeds the rate specified in Part I of Schedule 4 to the Social Security Act 1973 for a widow's pension under that Act;

(b) £0.38 of any allowance in respect of an only, or the elder or eldest, child or a second child ;

(c) £0.28 of any allowance in respect of any additional , child beyond the first two.

(6) The Acts and schemes mentioned in sub-paragraph (5) of this paragraph are—

(a) the [1916 c. 65.] Ministry of Pensions Act 1916, the [1917 c. 51.] Air Force (Constitution) Act 1917, the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939, the [1939 c. 83.] Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the [1947 c. 19.] Polish Resettlement Act 1947, the [1951 c. 8 (15 & 16 Geo. 6 & 1 Eliz. 2).] Home Guard Act 1951 and the [1969 c. 65.] Ulster Defence Regiment Act 1969 ;

(b) any scheme made under the [1914 c. 30.] Injuries in War (Compensation) Act 1914, or the [1914 c. 18 (5 & 6 Geo. 5).] Injuries in War Compensation Act 1914 (Session 2) and any War Risk Compensation Scheme for the Mercantile Marine ;

and that sub-paragraph applies in relation to a pension or allowance for a woman who was living with a deceased person as his wife as it applies in relation to a pension or allowance for a widow.

(7) In this paragraph any reference to an allowance, pension, benefit or other payment of any description includes a reference to any analogous allowance, pension, benefit or payment.

Limited disregard of occupational pensions etc.

25 (1) There shall not be disregarded under paragraph 24 of this Schedule more than £1 a week of any income so far as it consists of one or more payments of any kind to which this paragraph applies.

(2) This paragraph applies to—

(a) any pension or other periodical sum paid to, or to the widow of, a person by reason of any service or employment in which he was formerly engaged ;

(b) any periodical sum paid to a person on account of his employment having terminated by reason of redundancy.

(3) Paragraphs (a) and (b) of sub-paragraph (2) above apply whether or not the payment is made by a former employer and whether or not there is any right to receive it; but paragraph (a) shall not be construed as applying to—

(a) any pension or allowance mentioned in paragraph 24(4) or (5) of this Schedule or any other payment by way of compensation for injury, disease, disablement or death suffered by a person by reason of the service or employment in which he was engaged ; or

(b) any payment out of a trust fund established for relieving hardship in particular cases and made at the discretion of the trustees of the fund.”.

6 In paragraph 25A(1) of that Schedule for the words " paragraph 25 of this Schedule" there shall be substituted the words " paragraph 24 of this Schedule ".