PART IIICONSEQUENTIAL AMENDMENTS OF REGULATIONS
Amendment of the Social Security (General Benefit) Regulations 19827
1
The Social Security (General Benefit) Regulations 1982 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2—
a
in paragraph (2) after the words “disablement benefit”
there shall be inserted the words “, reduced earnings allowance”
;
b
in paragraph (6) after the words “increase thereof”
there shall be inserted the words “or reduced earnings allowance”
.
3
In regulation 14, after paragraph (1), there shall be inserted the following paragraph:—
1A
Paragraph (1) applies in relation to cases where the claim for benefit was made before 1st October 1986
4
In regulation 17(1), for the words “section 60 (increase of disablement pension for special hardship)”
there shall be substituted the words “section 59A (reduced earnings allowance)”
.
5
Subject to paragraph (6), regulation 18 and Schedule 4 shall continue to apply to a beneficiary who immediately before 1st October 1986 was entitled to benefit under that regulation, as though section 60(7) of the 1975 Act had not been repealed and as if references to an increase of disablement pension under section 60 of that Act were references to reduced earnings allowance payable under F1section 59A of that Act, or in a case to which section 59B of the 1975 Act applies (ending of entitlement to reduced earnings allowance) to retirement allowance payable under that section; and for the purposes of this provision the reference to retirement allowance includes a reference to a retirement allowance which would have been payable but for any failure to satisfy the requirement in subsection (2) of section 59B as to the weekly rate or aggregate weekly rate of reduced earnings allowance payable.
6
Regulation 18 and Schedule 4 shall apply in accordance with paragraph (5) until—
a
the period of the assessment has expired or the assessment is reviewed, or
b
benefit under section 59A F2or, as the case may be, section 59B of the 1975 Act has ceased to be payable,
whichever is the earlier, so however that where an award of a disablement pension in lieu of a gratuity is revised on review and a further award made, regulation 18(2) shall not apply to that award.