Social Security Act 1979 (c. 18)

SCHEDULES

SCHEDULE 1 Amendment of Principal Act, Pensions Act and Act of 1977

PART II Modification of Certain Provisions in Relation to Events Occurring Before 6th April 1979

9 Expressions used in this Part of this Schedule and in the principal Act shall have the same meaning in this Part as they have in that Act.

Principal Act

10 In section 16 (rates at which invalidity allowance is payable)—

(a) the following paragraphs are substituted for paragraphs (a) and (b) of subsection (2)—

“(a) at the higher rate specified in relation thereto in Schedule 4, Part I, if—

(i) the qualifying date fell before 5th July 1948 ; or

(ii) on the qualifying date the beneficiary was under the age of 35 ; or

(iii) on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979 ;

(b) at the middle rate so specified if paragraph (a) above does not apply and either—

(i) on the qualifying date the beneficiary was under the age of 45 : or

(ii) on the qualifying date the beneficiary was under the age of 50. and had not attained pensionable age before 6th April 1979 ;”; and

(b) the following subsection is inserted after subsection (2)—

“(2A) No payment shall be made by virtue of subsection (2)(a)(iii) or (6)(ii) above in respect of any period before 6th April 1979.”.

11 Section 28(2) (entitlement of married woman to Category A retirement pension) shall, notwithstanding its repeal by section 19(4) of and Schedule 5 to the Pensions Act, continue to apply in relation to any woman who attained pensionable age before 6th April 1979.

12 In section 59 (increase of unemployability supplement) the following words are inserted at the end of subsection (1)—

“Provided that no payment shall be made by virtue of heads (aa) or (bb) of that paragraph in respect of any period before 6th April 1979.”.

13 In paragraph 5 of Part V of Schedule 4 (weekly rates of the increase in unemployability supplement)—

(a) after paragraph (a) there is inserted the following paragraph—

“(aa) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979

£415.”

(b) in paragraph (b) for the words " head (a) above does " there are substituted the words " heads (a) and (aa) above do ";

(c) for paragraph (c) there are substituted the following paragraphs—

“(bb) if heads (a), (aa) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979	£2.60;
(c) in any other case	£1.30”.

Pensions Act

14 Section 8(1) (Category B retirement pension for widower) shall not apply in any case where the death of the wife occurred before 6th April 1979.

15 Section 9 (special provision for surviving spouses) shall not apply in any case where the death of the wife or husband (as the case may be) occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.

16 Section 10 (special provision for married women) shall not apply in any case where both the husband and the wife attained pensionable age before 6th April 1979.

17 Section 15 (invalidity pension for widows) shall not apply in relation to a widow unless she ceased to be entitled to a widow's allowance or a widowed mother's allowance after 5th April 1979.

18 Section 16 (invalidity pension for widowers) shall not apply in any case where the wife died before 6th April 1979.

19 Section 17 (which is superseded by paragraphs 10 and 13 above) is hereby repealed.

20 Section 20 (use of former spouse's contributions) shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his marriage (or, if he had been married more than once, his last marriage) also occurred before that date.

21 In paragraph 2(2)(b) of Schedule 1 (which defines " period of deferment" for the purpose of enabling an increase of pension to be paid where retirement is deferred) for the words from " in relation to " to the end there are substituted the words—

“(i) in relation to any person who attains pensionable age after 5th April 1979, means the period beginning with the date on which he attains that age and ending with the day before that of his retirement;

(ii) in relation to any person who reaches pensionable age before 6th April 1979, means the period beginning with that date and ending with the day before the date of his retirement.”.

22 In paragraph 4 of Schedule 1 (increase of pension where pensioner's deceased spouse had deferred his retirement) the following sub-paragraph is inserted at the end—

“(4) The preceding provisions of this paragraph shall not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.”.