Supplementary Benefits Act 1976

23 (1) Subject to the provisions of this paragraph and of paragraphs 24 and 25 of this Schedule, there shall be disregarded £4 a week of the income which would, but for this paragraph, be taken into account, except so far as it consists of earnings or of any sum taken into account under paragraph 20 of this Schedule.

(2) This paragraph does not apply to income consisting of—

(a) any child benefit;

(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 supplementary 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 ;

(e) any guaranteed minimum pension within the meaning of the [1975 c. 60.] Social Security Pensions Act 1975.

(3) This paragraph does not apply to income consisting of any benefit under Chapters I to III of Part II of the [1975 c. 14.] Social Security Act 1975 or Part II of the Social Security Pensions Act 1975 except as provided in paragraph 24 of this Schedule and subject, in the case of any mobility allowance, to section 37A(8) of the Social Security Act 1975.

(4) Except as provided in paragraph 24 of this Schedule, this paragraph applies to income consisting of injury benefit under Part II of the Social Security Act 1975, or of industrial death benefit under that Part of that Act, only to the extent of—

(a) so much of—

(i) any widow's pension payable at the higher permanent rate under section 68 of the Social Security Act 1975 ; or

(ii) any widower's pension under section 69 of that Act;

as exceeds the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975 ;

(b) any parent's pension under section 71 of the Social Security Act 1975;

(c) any relative's pension under section 72 of that Act.

(5) Except as provided in paragraph 24 of this Schedule, this paragraph applies to income consisting 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 sub-paragraph (6)(a) below, or under any scheme mentioned in sub-paragraph (6)(b) below, only to the extent of so much of any pension or allowance for a widow or widower as exceeds the sum specified in section 6(1)(a) of the [1975 c. 60.] Social Security Pension Act 1975.

(6) The Acts and schemes mentioned in sub-paragraph (5) above 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 & 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.

(7) Sub-paragraph (5) above 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.

(8) In this paragraph and in paragraph 24(1) of this Schedule any reference to an allowance, pension, benefit or other payment of any description includes a reference to any analogous allowance, pension, benefit or payment.

(9) Until—

(a) 4th April 1977, for sub-paragraph (2)(a) above there shall be substituted the following—

“(a) allowances under the Family Allowances Act 1965, or benefit under section 16 of the Child Benefit Act 1975 (interim benefit for unmarried or separated parents);”;

(b) 6th April 1978, in sub-paragraph (2) above, paragraph (e) shall be omitted ; and

(c) 6th April 1979, in sub-paragraph (3) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted, and, in sub-paragraphs (4)(a) and (5) above, for the words " as exceeds the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975 " there shall be substituted the words " as exceeds the orate specified in Part I of Schedule 4 to the Social Security Act 1975 for a widow's pension under that Act ".