Social Security Benefits Act 1975

7 Invalid care allowance

(1) Subject to the provisions of this section, a person shall be entitled to an invalid care allowance for any day on which he is engaged in caring for a severely disabled person if—

(a) he is regularly and substantially engaged in caring for that person; and

(b) he is not gainfully employed ; and

(c) the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.

(2) A person shall not be entitled to an allowance under this section if he is under the age of sixteen or receiving full-time education; and a woman shall not be entitled to any such allowance if—

(a) she is married and either—

(i) she is residing with her husband ; or

(ii) he is contributing to her maintenance at a weekly rate not less than the weekly rate of such an allowance; or

(b) she is cohabiting with a man as his wife.

(3) A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain.

(4) A person who has attained pensionable age shall not be entitled to an allowance under this section unless he was entitled (or is treated by regulations as having been entitled) to such an allowance immediately before attaining that age ; and regulations may make provision whereby a person who has attained retiring age and was entitled to such an allowance immediately before attaining that age continues to be entitled to such an allowance notwithstanding that he is not caring for a severely disabled person or no longer satisfies the requirements of subsection (1)(a) or (b) above.

(5) No person shall be entitled for the same day to more than one allowance under this section; and where, apart from this subsection, two or more persons would be entitled for the same day to such an allowance in respect of the same severely disabled person, one of them only shall be entitled, being such one of them as they may jointly elect in the prescribed manner or as may, in default of such election, be determined by the Secretary of State in his discretion.

(6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.

(7) An allowance under this section shall be payable at the weekly rate specified in relation thereto in Part I of Schedule 4 to the [1973 c. 38.] Social Security Act 1973 ; and that rate shall, in such circumstances as may be prescribed, be increased for child or adult dependants by the appropriate amount specified in relation thereto in Part III of that Schedule.

(8) In this section—

• " severely disabled person " means a person in respect of whom there is payable either an attendance allowance or such other payment out of public funds on account of his need for attendance as may be prescribed;

• " relative " includes a person who is a relative by marriage or adoption and a person who would be a relative if some person born illegitimate had been born legitimate ;

• " retiring age " has the same meaning as in section 6 above.

(9) Any question' which under subsection (5) above falls to be determined by the Secretary of State in his discretion shall be included among the questions to which subsection (1) of section 84 of the said Act of 1973 applies; and in subsection (3) of that section, section 66(2) of the [1965 c. 51.] National Insurance Act 1965 and section 65(2) of the [1966 c. 6 (N.I.).] National Insurance Act (Northern Ireland) 1966 references to questions within section 84(1)(d) shall include references to any such question as aforesaid.