Social Security Act 1975

95 Other questions for Secretary of State

(1) It shall be for the Secretary of State to determine—

(a) a question which of two or more persons would be entitled for the same day to an invalid care allowance where there has been no joint election by those persons under section 37(7);

(b) a question whether—

(i) an increase of disablement pension under section 61 (constant attendance), or

(ii) a further increase under section 63 (exceptionally severe disablement),

is to be granted or renewed and, if so, for what period and of what amount;

(c) a question how the limitations under Schedule 9 on the benefit payable in respect of any death are to be applied in the circumstances of any case;

(d) a question as to the person to be treated as maintaining a child, or as to the family in which a child is to be treated as included (in a case where, by virtue of the Schedule to the Family Allowances Act, that question falls to be decided by the Secretary of State in his discretion);

(e) a question arising under section 80 (claims in the alternative).

(2) A decision of the Secretary of State on a question within subsection (1)(a) or (d) above may be given so as to have effect with respect to a period before the date of the decision; and he may at any time and from time to time reconsider the exercise of his discretion with respect to such a question and decide it again with such other effect as may seem to him to be proper in the circumstances of the case.