Social Security Contributions and Benefits Act 1992 (c. 4)

Modifications etc. (not altering text)

C1 Pts. 1, 6 modified (6.4.2001) by S.I. 2001/1004, regs. 1(1), 113, 114(2) (with reg. 138)

Part X E+W+S Christmas bonus for pensioners

148 Entitlement of pensioners to Christmas bonus. E+W+S

(1) Any person who in any year—

(a) is present or ordinarily resident in the United Kingdom [F1 , an EEA state or Switzerland] 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 Part of this Act and to section 1 of the Administration Act, be entitled to payment under this subsection in respect of that year.

(2) Subject to the following provisions of this Part of this Act, any person who is a member of a couple and is entitled to a payment under subsection (1) above in respect of a year shall also be entitled to payment under this subsection in respect of that year if—

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

(b) the other member satisfies the condition mentioned in subsection (1)(a) above; and

(c) either—

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

(ii) the only qualifying benefit to which he is entitled is [F2 state pension credit].

[F3 (2ZA) In a case where a person is entitled to a payment of armed forces independence payment, the reference in subsection (1) to section 1 of the Administration Act is to be read as a reference to article 43 of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517).]

[F4 (2A) In a case falling within paragraph (c)(ii) of subsection (2) above, paragraph (a) of that subsection has effect with the substitution of “qualifying age for state pension credit” for “pensionable age”.]

(3) A payment under subsection (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.

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Textual Amendments

F1 Words in s. 148(1)(a) substituted (3.12.2021) by The Social Security (Amendment) Regulations 2021 (S.I. 2021/1152), regs. 1(2), 2

F2 Words in s. 148(2)(c)(ii) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 5(2); S.I. 2003/1766, art. 2(a)

F3 S. 148(2ZA) inserted (8.4.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013 (S.I. 2013/796), arts. 1, 3(3)

F4 S. 148(2A) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 5(3); S.I. 2003/1766, art. 2(a)

F5 S. 148(4) repealed (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 5(4), Sch. 3; S.I. 2003/1766, art. 2(a)

Modifications etc. (not altering text)

C2 S. 148 modified (29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), ss. 33(1), 87(2); S.I. 1999/3178, art. 2(1)(a)(2), Sch. 1 (with Schs. 21-23)

149 Provisions supplementary to section 148. E+W+S

(1) For the purposes of section 148 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 section 148(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 [F6 other than state pension credit], but for the fact that he or, if he is a member of a couple, the other member is entitled to receive some other payment out of public funds;

(b) in the case of [F7 state pension credit], but for the fact that his income or, if he is a member of a couple, the income of the other member was exceptionally of an amount which resulted in his having ceased to be entitled to [F7 state pension credit].

(3) A person shall be treated for the purposes of section 148(2)(c)(i) above as entitled in respect of the other member of the couple to an increase in a payment of a 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 F8 ... paragraph 6(4) of Schedule 7 to this Act or any regulations made under paragraph 6(3) of that Schedule whereby entitlement to benefit is affected by the amount of a person’s earnings in a given period.

(4) For the purposes of section 148 above a person shall be taken not to be entitled to a payment of a war disablement pension unless not later than the end of the relevant week he has attained [F9 pensionable age].

(5) A sum payable under section 148 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 section 148 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 section,

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.

Textual Amendments

F6 Words in s. 149(2)(a) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 6(2)(a); S.I. 2003/1766, art. 2(a)

F7 Words in s. 149(2)(b) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 6(2)(b); S.I. 2003/1766, art. 2(a)

F8 Words in s. 149(3)(b) repealed (6.4.2010 with savings until 6.4.2020) by Pensions Act 2007 (c. 22), ss. 4(4), 27(4)(b), Sch. 1 para. 17, Sch. 7 Pt. 2 (with s. 4(5)-(8))

F9 Words in s. 149(4) substituted (6.12.2018) by Pensions Act 2007 (c. 22), s. 13(3), Sch. 1 para. 43

150 Interpretation of Part X. E+W+S

(1) In this Part of this Act “qualifying benefit” means—

(a) a retirement pension;

[F10 (b) long-term incapacity benefit;]

[F11 (ba) a qualifying employment and support allowance;]

[F12 (bb) personal independence payment;]

[F13 (bc) armed forces independence payment;]

[F14 (bd) adult disability payment,]

(c) a widowed mother’s allowance[F15 , widowed parent’s allowance] or widow’s pension;

F16 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) [F17 a carer’s allowance];

[F18 (ea) carer support payment;]

(f) industrial death benefit;

(g) an attendance allowance;

(h) an unemployability supplement or allowance;

(i) a war disablement pension;

(j) a war widow’s pension;

(k) [F19 state pension credit];

[F20 (l) a mobility supplement].

(2) In this Part of this Act—

• [F21 “adult disability payment” means disability assistance given in accordance with the Disability Assistance for Working Age People (Scotland) Regulations 2022,]

• [F22 “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517);]

• “attendance allowance” means—

  (a)

  an attendance allowance;

  (b)

  a disability living allowance;

  (c)

  an increase of disablement pension under section 104 or 105 above;

  (d)

  a payment under regulations made in exercise of the powers in section 159(3)(b) of the 1975 Act or paragraph 7(2) of Schedule 8 to this Act;

  (e)

  an increase of allowance under Article 8 of the M1 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;

  (f)

  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;

  (g)

  [F23 a child disability payment given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018 (asp 9);]

• [F24 “carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;]

• [F25 “mobility supplement” means a supplement awarded in respect of disablement which affects a person’s ability to walk and for which the person is in receipt of war disablement pension;]

• [F26 “pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995];

• [F27 “the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002)—

  (a)

  in the case of a woman, pensionable age; or

  (b)

  in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;]

• [F28 “qualifying employment and support allowance” means [F29 a contributory allowance] under Part 1 of the Welfare Reform Act 2007 the calculation of the amount of which includes an addition in respect of the support component or the work-related activity component;]

• [F30 “retirement pension” means—

  (a)

  a state pension under Part 1 of the Pensions Act 2014,

  (b)

  a retirement pension under this Act, or

  (c)

  graduated retirement benefit;]

• [F27 “state pension credit” means state pension credit under the State Pension Credit Act 2002;]

• “unemployability supplement or allowance” means—

  (a)

  an unemployability supplement payable under Part I of Schedule 7 to this Act; or

  (b)

  any corresponding allowance payable—

  (i)

  by virtue of paragraph 6(4)(a) of Schedule 8 to this Act;

  (ii)

  by way of supplement to retired pay or pension exempt from income tax under [F31 section 641 of the Income Tax (Earnings and Pensions) Act 2003];

  (iii)

  under the M2 Personal Injuries (Emergency Provisions) Act 1939; F32 ...

  (iv)

  by way of supplement to retired pay or pension under the M3 Polish Resettlement Act 1947; [F33 or

  (v)

  F34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

• “war disablement pension” means—

  (a)

  any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under the M4 Air Force (Constitution) Act 1917, the M5 Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, the Polish Resettlement Act 1947, or Part VII or section 151 of the M6 Reserve Forces Act 1980;

  (b)

  without prejudice to paragraph (a) of this definition, any retired pay or pension to which [F35 any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003] applies;

• “war widow’s pension” means any widow’s [F36 or surviving civil partner's] pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the preceding definition or a pension or allowance for a widow [F37 or surviving civil partner] granted under any scheme mentioned in [F38 section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003];

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.

[F39 (3) In this Part of this Act, “couple” has the meaning given by section 137(1) above.]

(4) In this Part of this Act “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.

Textual Amendments

F10 S. 150(1)(b) substituted (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 33; S.I. 1994/2926, art. 2(4), Sch. Pt. 4

F11 S. 150(1)(ba) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(11)(a); S.I. 2008/787, art. 2(4)(f)

F12 S. 150(1)(bb) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 6; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F13 S. 150(1)(bc) inserted (8.4.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013 (S.I. 2013/796), arts. 1, 3(4)(a)

F14 S. 150(1)(bd) inserted (21.3.2022) by The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 14(2)(a)

F15 Words in s. 150(1)(c) inserted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 12; S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I

F16 S. 150(1)(d) repealed (with savings for those entitled to severe disablement allowance for days immediately before 6.4.2001) (3.11.2000 for specified purposes, 6.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 13 Pt. IV; S.I. 2000/2958, art. 2(3)(g)(4)(5) (with art. 4)

F17 Words in s. 150(1)(e) substituted (1.9.2002 for specified purposes, 1.4.2003 in so far as not already in force) by The Regulatory Reform (Carers Allowance) Order 2002 (S.I. 2002/1457), arts. 1(1)(b), 2(2), Sch. para. 2(e)

F18 S. 150(1)(ea) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 4(2)(a)

F19 Words in s. 150(1)(k) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 7(2); S.I. 2003/1766, art. 2(a)

F20 S. 150(1)(l) inserted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 132(2), 180(2)(a) (with Sch. 4)

F21 Words in s. 150(2) inserted (21.3.2022) by The Social Security (Scotland) Act 2018 (Disability Assistance and Information-Sharing) (Consequential Provision and Modifications) Order 2022 (S.I. 2022/332), arts. 1(2), 14(2)(b)

F22 Words in s. 150(2) inserted (8.4.2013) by The Armed Forces and Reserve Forces (Compensation Scheme) (Consequential Provisions: Primary Legislation) Order 2013 (S.I. 2013/796), arts. 1, 3(4)(b)

F23 Words in s. 150(2) inserted (17.11.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) (No. 2) Order 2021 (S.I. 2021/1301), arts. 1(2), 3(2)

F24 Words in s. 150(2) inserted (16.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Modifications) Order 2023 (S.I. 2023/1214), art. 1(2), reg. 4(2)(b)

F25 Words in s. 150(2) inserted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 132(3)(a), 180(2)(a) (with Sch. 4)

F26 Words in s. 150(2) substituted (19.7.1995) by Pensions Act 1995 (c. 26), s. 180(2)(a), Sch. 4 para. 13(b)

F27 Words in s. 150(2) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 7(3); S.I. 2003/1766, art. 2(a)

F28 Words in s. 150(2) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 9(11)(b); S.I. 2008/787, art. 2(4)(f)

F29 Words in s. 150(2) substituted (12.11.2009) by Welfare Reform Act 2009 (c. 24), ss. 37(3), 61(1)

F30 Words in s. 150(2) substituted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 86

F31 Words in s. 150(2) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 180(2)(a) (with Sch. 7)

F32 Word in s. 150(2) omitted (19.7.1995) by virtue of Pensions Act 1995 (c. 26), ss. 132(3)(c), 180(2)(a) (with Sch. 4)

F33 Words in s. 150(2) inserted (19.7.1995) by Pensions Act 1995 (c. 26), ss. 132(3)(c), 180(2)(a) (with Sch. 4)

F34 Words in s. 150(2) repealed (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 180(2)(b), Sch. 8 Pt. 1 (with Sch. 7)

F35 Words in s. 150(2) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 180(3) (with Sch. 7)

F36 Words in s. 150(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 49(2)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F37 Words in s. 150(2) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 49(2)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F38 Words in s. 150(2) substituted (6.4.2003 with effect in accordance with s. 723(1)(a)(b) of the amending Act) by Income Tax (Earnings and Pensions) Act 2003 (c. 1), s. 723, Sch. 6 para. 180(4) (with Sch. 7)

F39 S. 150(3) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 49(3); S.I. 2005/3175, art. 2(1), Sch. 1

Marginal Citations

M1 S.I.1983/136.

M2 1939 c. 82.

M3 1947 c. 19.

M4 1917 c. 51.

M5 1939 c. 83.

M6 1980 c. 9.