The Social Security (General Benefit) Regulations 1982

Regulation 10

SCHEDULE I Provisions for the purpose of which disqualifications under the Act are to be disregarded

Class of persons	Benefit for which person is disqualified	Section of the Act for the purpose of which disqualification is to be disregarded	Subject matter
(1)	(2)	(3)	(4)
A widow	{Widow's allowance	25(3)	Period for which a widowed mother's allowance is payable (being a period for which she is not entitled to widow's allowance).
A widow	{Widow's allowance or widowed mother's allowance	26(3)	Period for which a widow's pension is payable (being a period for which she is not entitled to a widow's allowance or a widowed mother's allowance).
A widow	{Widowed mother's allowance	26(1)(b)	Widow's pension for certain widows ceasing to be entitled to widowed mother's allowance.
The husband of a widow	Category A retirement pension	24(1)(a)	Widow's allowance for widow of husband who at the date of his death was not entitled to a Category A retirement pension

In this Schedule “widowed mother's allowance” and “widow's pension” include benefit under section 39(4) corresponding to a widowed mother's allowance and a widow's pension respectively.

Regulation 11

SCHEDULE 2 PRESCRIBED DEGREES OF DISABLEMENT

Description of injury	Degree of disablement per cent
1. Loss of both hands or amputation at higher sites	100
2. Loss of a hand and a foot	100
3. Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot	100
4. Loss of sight to such an extent as to render the claimant unable to perform any work for which eyesight is essential	100
5. Very severe facial disfiguration	100
6. Absolute deafness	100
7. Forequarter or hindquarter amputation	100
Amputation cases—upper limbs (either arm)
8. Amputation through shoulder joint	90
9. Amputation below shoulder with stump less than 20.5 centimetres from tip of acromion	80
10. Amputation from 20.5 centimetres from tip of acromion to less than 11.5 centimetres below tip of olecranon	70
11. Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.5 centimetres below tip of olecranon	60
12. Loss of thumb	30
13. Loss of thumb and its metacarpal bone	40
14. Loss of four fingers of one hand	50
15. Loss of three fingers of one hand	30
16. Loss of two fingers of one hand	20
17. Loss of terminal phalanx of thumb	20
Amputation cases—lower limbs
18. Amputation of both feet resulting in end-bearing stumps	90
19. Amputation through both feet proximal to the metatarso-phalangeal joint	80
20. Loss of all toes of both feet through the metatarso-phalangeal joint	40
21. Loss of all toes of both feet proximal to the proximal inter-phalangeal joint	30
22. Loss of all toes of both feet distal to the proximal inter-phalangeal joint	20
23. Amputation at hip	90
24. Amputation below hip with stump not exceeding 13 centimetres in length measured from tip of great trochanter	80
25. Amputation below hip and above knee with stump exceeding 13 centimetres in length measured from tip of great trochanter, or at knee not resulting in end-bearing stump	70
26. Amputation at knee resulting in end-bearing stump or below knee with stump not exceeding 9 centimetres	60
27. Amputation below knee with stump exceeding 9 centimetres but not exceeding 13 centimetres	50
28. Amputation below knee with stump exceeding 13 centimetres	40
29. Amputation of one foot resulting in end-bearing stump	30
30. Amputation through one foot proximal to the metatarso-phalangeal joint	30
31. Loss of all toes of one foot through the metatarso-phalangeal joint	20
Other injuries
32. Loss of one eye, without complications, the other being normal	40
33. Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal	30
Loss of:
A. Fingers of right or left hand
	Index finger—
34. Whole	14
35. Two phalanges	11
36. One phalanx	9
37. Guillotine amputation of tip without loss of bone	5
Middle finger—
38. Whole	12
39. Two phalanges	9
40. One phalanx	7
41. Guillotine amputation of tip without loss of bone	4
Ring or little finger—
42. Whole	7
43. Two phalanges	6
44. One phalanx	5
45. Guillotine amputation of tip without loss of bone	2
B. Toes of right or left foot
Great toe—
46. Through metatarso-phalangeal joint	14
47. Part, with some loss of bone	3
Any other toe—
48. Through metatarso-phalangeal joint	3
49. Part, with some loss of bone	1
Two toes of one foot, excluding great toe—
50. Through metatarso-phalangeal joint	5
51. Part, with some loss of bone	2
Three toes of one foot, excluding great toe—
52. Through metatarso-phalangeal joint	6
53. Part, with some loss of bone	3
Four toes of one foot, excluding great toe—
54. Through metatarso-phalangeal joint	9
55. Part, with some loss of bone	3

Regulation 14

SCHEDULE 3 SCALE OF DISABLEMENT GRATUITIES

Degree of disablement	Appropriate proportion of maximum disablement gratuity (as specified in paragraph 2 of Part V of Schedule 4 to the Act)
(1)	(2)
	per cent
1 per cent	10
2 per cent	15
3 per cent	20
4 per cent	25
5 per cent	30
6 per cent	35
7 per cent	40
8 per cent	45
9 per cent	50
10 per cent	55
11 per cent	60
12 per cent	65
13 per cent	70
14 per cent	75
15 per cent	80
16 per cent	85
17 per cent	90
18 per cent	95
19 per cent	100

Regulation 18

SCHEDULE 4 RATE OF DISABLEMENT PENSION PAYABLE IN LIEU OF DISABLEMENT GRATUITY IN ACCORDANCE WITH REGULATION 18

Where the degree of disablement is as specified in column (1) of the following table, the weekly rate of the pension shall be determined in accordance with column (2) of that table:—

Degree of disablement	Rate of pension
(1)	(2)
less than 20 per cent but not less than 16 per cent	the appropriate weekly amount of disablement pension payable in respect of a degree of disablement of 20 per cent as specified in paragraph 3 of Part V of Schedule 4 to the Act;
less than 16 per cent but not less than 11 per cent	75 per cent of the appropriate weekly amount of disablement pension payable in respect of a degree of disablement of 20 per cent as specified in the said paragraph 3;
less than 11 per cent but not less than 6 per cent	50 per cent of the appropriate weekly amount of disablement pension payable in respect of a degree of disablement of 20 per cent as specified in the said paragraph 3;
less than 6 per cent	25 per cent of the appropriate weekly amount of disablement pension payable in respect of a degree of disablement of 20 per cent as specified in the said paragraph 3;
	a fraction of a penny, being for this purpose treated as a penny.

Regulation 26

SCHEDULE 5 PRESCRIBED RELATIONSHIPS

(a) Lineal descendant or ascendant in a direct line; and

(b) stepfather	sister
stepmother	half-brother
stepson	half-sister
stepdaughter	stepbrother
brother	stepsister

and

(c) the father or mother of any woman who is, or was at her death, the wife of the deceased at either her or his death; and

(d) the father or mother of any man who is, or was at his death, the husband of the deceased at either his or her death.

Regulation 28

SCHEDULE 6 MAXIMUM AMOUNTS OF GRATUITIES PAYABLE BY WAY OF DEATH BENEFIT TO PARENTS OR RELATIVES WHO WERE NOT WHOLLY MAINTAINED BY THE DECEASED

1.  The amount of any gratuity payable by way of death benefit to a beneficiary who is a relative prescribed for the purposes of section 72 and who would, but for the provisions of Schedule 9 to the Act, have been entitled to a pension under the said section 72, shall not exceed 156 times the weekly rate of the contributions which the deceased at his death was or would but for the relevant accident have been making to that beneficiary's maintenance.

2.  The amount of any gratuity payable by way of death benefit to any other beneficiary who is a parent within the meaning of section 71 or is a relative shall not exceed 104 times the said weekly rate of the contributions to such beneficiary's maintenance.

Regulation 29

SCHEDULE 7 PROVISIONS APPLYING THE LIMITS IMPOSED BY SCHEDULE 9 TO THE ACT ON THE AMOUNT PAYABLE BY WAY OF DEATH GRATUITIES

1.  The amount of £78.00 in the case of parents' gratuities or of £52.00 or £104.00 (as the case may be) in the case of relatives' gratuities, shall (subject to the provisions of the next two following paragraphs in relation to relatives' gratuities) be apportioned between the persons entitled as parents or as relatives, as the case may be, in proportion to the respective weekly rates of the contributions which the deceased at his death was or would but for the relevant accident have been making to the several maintenance of those persons.

2.  Where the amount ascertained under paragraph (1) in relation to any person entitled to a parent's or relative's gratuity, as the case may be, exceeds the maximum amount which can be paid to him under the provisions of the Act, the difference between the maximum amount and the amount so ascertained shall—

(a) if there is only one other person so entitled, be paid to that person; or

(b) if there are two or more other persons so entitled, be apportioned between such persons in accordance with the provisions of paragraph 1.

3.  Where there is only one relative who is by virtue of the provisions of Schedule 9 to the Act entitled to a gratuity in lieu of a pension under section 72, the amount payable to him shall be the full amount to which he is entitled under the relevant provisions of the Act, and the difference (if any) between £104.00 and the amount so payable to that relative shall—

(a) if there is only one other relative, be the amount of the gratuity payable to that other relative; and

(b) if there are two or more other relatives, be apportioned between them in accordance with the preceding paragraph of this Schedule.

4.  Where there are two or more relatives each of whom is so entitled to a gratuity in lieu of a pension, the amount of £104.00 shall be apportioned equally between them.

5.  Where, in respect of any death, a parent or relative has been paid the amount of any gratuity finally awarded to him as such, or any part of such amount, the death benefit payable to any person subsequently claiming to be entitled in respect of the same death to a gratuity as a parent or relative shall not exceed the difference between the sum or the aggregate of the sums previously paid as aforesaid in respect of parents' or relatives' gratuities, as the case may be, and—

(a) the amount of £78.00 in the case of parents' gratuities; or

(b) the amount of £52.00 (or £104.00 where appropriate) in the case of relatives' gratuities;

and the provisions of the Act and of this Schedule shall apply to any such subsequent claimant accordingly.

6.  Where any sum has been repaid or recovered in respect of a gratuity awarded to any person, the amount paid to him on account of that gratuity shall, for the purpose of the previous paragraph, be treated as reduced by the amounts so repaid or recovered.

Regulation 31

SCHEDULE 8 ORDER OF PRIORITY OF TITLE TO ALLOWANCES UNDER SECTION 70

1.  Such person as may be designated in a written notice to the Secretary of State, signed by all the persons satisfying such conditions as aforesaid.

2.  A person who, not being entitled to death benefit as such, is the widow of the deceased or who was, before her remarriage, the widow of the deceased.

3.  A person who is entitled to death benefit in respect of the deceased's death—

(a) by way of a pension; or

(b) by way of an allowance under section 73 as a woman having the care of a child or children in respect of whom the deceased was entitled to child benefit.

4.  Such person as the Secretary of State may in his discretion determine, having regard to the circumstances of the case.

Regulation 47

SCHEDULE 9 REGULATIONS REVOKED

Citation	Statutory Instrument	Extent of revocation
The Social Security (General Benefit) Regulations 1974	S.I. 1974/2079	The whole of the regulations
The Social Security (Industrial Injuries) (Benefit) Regulations 1975	S.I. 1975/559	The whole of the regulations
The Social Security (Non-Contributory Invalidity Pension) Regulations 1975	S.I. 1975/1058	Regulation 10(1) and Schedule 1
The Mobility Allowance Regulations 1975	S.I. 1975/1573	Regulation 22(1)
The Social Security (Miscellaneous Amendments) Regulations 1976	S.I. 1976/1736	Regulation 6
The Social Security (Child Benefit Consequential) Regulations 1977	S.I. 1977/342	Regulations 5 and 7
The Social Security (General Benefit) Amendment Regulations 1979	S.I. 1979/1067	The whole of the regulations
The Social Security (General Benefit, Claims and Payments) Regulations 1980	S.I. 1980/1621	Regulations 2 and 3
The Social Security (Industrial Injuries Benefit) Amendment Regulations 1980	S.I. 1980/1631	The whole of the regulations
The Social Security Benefits (Interim Payments) Regulations 1981	S.I. 1981/849	The whole of the regulations
The Social Security Benefit Up-rating Regulations 1981	S.I. 1981/1510	Regulation 5
The Social Security (General Benefit) Amendment Regulations 1982	S.I. 1982/1398	The whole of the regulations