Social Security Act 1986

Section 66.

SCHEDULE 6 Christmas Bonus for Pensioners

Interpretation

1 (1) In this Schedule " qualifying benefit" means—

(a) any of the following benefits under the [1975 c. 14.] Social Security Act 1975.—

(i) a retirement pension;

(ii) an invalidity pension ;

(iii) a widowed mother's allowance or widow's pension ;

(iv) a severe disablement allowance;

(v) an invalid care allowance;

(vi) an industrial death benefit by way of widow's or widower's pension;

(b) an attendance allowance ;

(c) an unemployability supplement or allowance ;

(d) a war disablement pension ;

(e) a war widow's pension;

(f) income support.

(2) In this Schedule—

• " attendance allowance " means—

  (a)

  an attendance allowance under section 35 of the Social Security Act 1975 ;

  (b)

  an increase of disablement pension under section 61 or 63 of that Act (increases in respect of the need for constant attendance);

  (c)

  a payment under regulations made in exercise of the power in section 159(3X6) of that Act (constant attendance allowance and an increase for exceptionally severe disablement for certain pre-1948 cases) ;

  (d)

  an increase of allowance under Article 8 of the [S.I. 1983/136.] Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (constant attendance allowance for certain persons to whom that Scheme applies) or under the corresponding provision of any Scheme which may replace that Scheme ;

  (e)

  an allowance in respect of constant attendance on account of disablement for which a person is in receipt of war disablement pension, including an allowance in respect of exceptionally severe disablement;

• " married couple " and " unmarried couple" are to be construed in accordance with Part II of this Act and any regulations made under it.

• " pensionable age " means—

  (a)

  in the case of a man, the age of 65 ;

  (b)

  in the case of a woman, the age of 60 ;

• " retirement pension " includes graduated retirement benefit, if paid periodically ;

• " unemployability supplement or allowance " means—

  (a)

  an unemployability supplement payable under section 58 of the [1975 c. 14.] Social Security Act 1975 by virtue of paragraph 4 of Schedule 3 to this Act; or

  (b)

  any corresponding allowance payable—

  (i)

  by virtue of section 7(3)(a) of the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975 ;

  (ii)

  by way of supplement to retired pay or pension exempt from income tax under section 365(1) of the [1970 c. 10.] Income and Corporation Taxes Act 1970;

  (iii)

  under the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939 ; or

  (iv)

  by way of supplement to retired pay or pension under the [1947 c. 19.] Polish Resettlement Act 1947 ;

  and each of the following expressions, namely "attendance allowance ", " unemployability supplement or allowance", " war disablement pension" and "war widow's pension", includes any payment which the Secretary of State accepts as being analogous to it.

(3) In this Schedule " the relevant week ", in relation to any year, means the week beginning with the first Monday in December or such other week as may be specified in an order made by the Secretary of State.

Entitlement

2 (1) Any person who in any year—

(a) is present or ordinarily resident in the United Kingdom or any other member state at any time during the relevant week; and

(b) is entitled to a payment of a qualifying benefit in respect of a period which includes a day in that week or is to be treated as entitled to a payment of a qualifying benefit in respect of such a period,

shall, subject to the following provisions of this Schedule, be entitled to payment under this sub-paragraph in respect of that year.

(2) Subject to the following provisions of this Schedule, any person who is a member of a married or unmarried couple and is entitled to a payment under sub-paragraph (1) above in respect of a year shall also be entitled to payment under this sub-paragraph in respect of that year if—

(a) both members of the couple have attained pensionable age not later than the end of the relevant week ; and

(b) the other member of the couple satisfies the condition mentioned in sub-paragraph (1)(a) above; and

(c) either—

(i) he is entitled or treated as entitled, in respect of the other member of the couple to an increase in the payment of the qualifying benefit; or

(ii) the only qualifying benefit to which he is entitled is income support.

(3) A payment under sub-paragraph (1) or (2) above—

(a) is to be made by the Secretary of State ; and

(b) is to be of £10 or such larger sum as the Secretary of State may by order specify.

(4) Where the only qualifying benefit to which a person is entitled is income support, he shall not be entitled to a payment under sub-paragraph (1) above unless he has attained pensionable age not later than the end of the relevant week.

(5) Only one sum shall be payable in respect of any person.

3 (1) For the purposes of paragraph 2 above the Channel Islands, the Isle of Man and Gibraltar shall be treated as though they were part of the United Kingdom.

(2) A person shall be treated for the purposes of paragraph 2(1)(b) above as entitled to a payment of a qualifying benefit if he would be so entitled—

(a) in the case of a qualifying benefit other than income support—

(i) but for the fact that he or, if he is a member of a married or unmarried couple, the other member is entitled to receive some other payment out of public funds ;

(ii) but for the operation of section 30(1) of the [1975 c. 14.] Social Security Act 1975 ;

(iii) but for the fact that he has not made a claim for the payment;

(b) in the case of income support, but for the fact that his income or, if he is a member of a married or unmarried couple, the income of the other member of the couple was exceptionally of an amount which resulted in his having ceased to be entitled to income support.

(3) A person shall be treated for the purposes of paragraph 2(2)(c)(i) above as entitled in respect of the other member of the couple to an increase in a payment of qualifying benefit if he would be so entitled—

(a) but for the fact that he or the other member is entitled to receive some other payment out of public funds ;

(b) but for the operation of any provision of section 30(1), 45(2) or (2A) or 66(4) of the [1975 c. 14.] Social Security Act 1975 or any regulations made under section 66(3) of that Act whereby entitlement to benefit is affected by the amount of a person's earnings in a given period ; or

(c) but for such terms as are mentioned in sub-paragraph (2)(a)(iii) above ; or

(d) but for the fact that he has not made a claim for the increase.

(4) For the purposes of paragraph 2 above a person shall be deemed not to be entitled to a payment of a war disablement pension unless not later than the end of the relevant week—

(a) he has attained the age of 70 in the case of a man or 65 in the case of a woman ; or

(b) he is treated under section 27(3) of the Social Security Act 1975 as having retired from regular employment.

(5) A sum payable under paragraph 2 above shall not be treated as benefit for the purposes of any enactment or instrument under which entitlement to the relevant qualifying benefit arises or is to be treated as arising.

(6) A payment and the right to receive a payment—

(a) under paragraph 2 above or any enactment corresponding to it in Northern Ireland ; or

(b) under regulations relating to widows which are made by the Secretary of State under any enactment relating to police and which contain a statement that the regulations provide for payments corresponding to payments under that paragraph,

shall be disregarded for all purposes of income tax and for the purposes of any enactment or instrument under which regard is had to a person's means.

Administration of payments

4 (1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of paragraph 2 above; and in this sub-paragraph " competent authority " means, in relation to a payment of any description of qualifying benefit, an authority who ordinarily determines whether a person is entitled to such a payment

(2) Any question arising under this Schedule other than one determined or falling to be determined under sub-paragraph (1) above shall be determined by the Secretary of State whose decision shall except as provided by the following sub-paragraph be final.

(3) The Secretary of State may reverse a decision under sub-paragraph (2) above on new facts being brought to his notice or if he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.