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Social Security Pensions Act 1975

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This is the original version (as it was originally enacted).

Invalidity benefit and disablement pension

14Rate of invalidity pension for persons under pensionable age

Subject to subsection (4) of section 15 of the principal Act (persons over pensionable age), the weekly rate of an invalidity pension under that section shall for any period of interruption of employment be determined in the manner specified in section 6 above for a Category A retirement pension, taking the reference in that section to the tax year in which the pensioner attained pensionable age as a reference to the tax year which includes or included the first day of entitlement to the pension in that period.

15Invalidity pension for widows

(1)This section applies to a woman who—

(a)ceases to be entitled to a widow's allowance without becoming entitled to a widowed mother's allowance or ceases to be entitled to a widowed mother's allowance ; and

(b)when she so ceases is incapable of work ; and

(c)either—

(i)would have been entitled to a widow's pension if she had been over the age of 40 when her husband died or when she ceased to be entitled to a widowed mother's allowance; or

(ii)is entitled to such a pension with a reduction under section 26(2) of the principal Act.

(2)Subject to subsection (5) below, a woman to whom this section applies shall be entitled to an invalidity pension under this section for any day of incapacity for work which—

(a)falls in a period of interruption of employment that began before the time when she ceased to be entitled as mentioned in Subsection (1)(a) above; and

(b)is after that time and after the first 168 days of incapacity for work in that period.

(3)An invalidity pension under this section shall be payable at—

(a)the weekly rate that would apply if the pension were payable under section 15 of the principal Act; or

(b)the weekly rate specified in subsection (4) below, whichever is the higher.

(4)The weekly rate mentioned in subsection (3)(b) above is—

(a)if the woman is not entitled to a widow's pension, a weekly rate equal to that of the widow's pension to which she would have been entitled if she had been over the age of 50 when her husband died; and

(b)if she is entitled to a widow's pension with a reduction under the said section 26(2), a weekly rate equal to the difference between the weekly rate of that pension and what it would have been without the reduction.

(5)A woman shall not be entitled to an invalidity pension under this section if she is over pensionable age and has retired from regular employment; but if she retires from regular employment, having attained pensionable age, and the period of interruption of employment mentioned in subsection (2) (a) above did not terminate earlier than the day before she attained that age—

(a)she shall, if not otherwise entitled to a Category A retirement pension, be entitled to such a pension; and

(b)the weekly rate of the Category A retirement pension to which she is entitled (whether by virtue of paragraph (c) above or otherwise) shall be determined in the manner specified in subsection (3) above for an invalidity pension under this section.

(6)No invalidity pension shall be payable under section 15 of the principal Act for any day of incapacity for which an invalidity pension is payable under this section.

16Invalidity pension for widowers

(1)This section applies to a man whose wife has died and who either—

(a)was incapable of work at the time when she died; or

(b)becomes incapable of work within the prescribed period after that time.

(2)Subject to subsection (5) below, a man to whom this section applies shall be entitled to an invalidity pension under this section for any day of incapacity for work which—

(a)falls in a period of interruption of employment that began before the time when his wife died or within the prescribed period after that time ; and

(b)is after that time and after the first 168 days of incapacity for work in that period.

(3)An invalidity pension under this section shall be payable at—

(a)the weekly rate that would apply if the pension were payable under section 15 of the principal Act; or

(b)the weekly rate specified in subsection (4) below, whichever is the higher.

(4)Where the man's wife was over pensionable age when she died the weekly rate mentioned in paragraph (b) of subsection (3) above is a rate determined in the manner specified in section 6 above for a Category A retirement pension, taking references in that section to the pensioner as references to the wife; and where the man's wife was under pensionable age when she died the weekly rate mentioned in that paragraph is a rate determined in the manner specified in section 6 above for a Category A retirement pension, taking references in that section to the pensioner and the tax year in which he attained pensionable age as references to the wife and the tax year in which she died.

(5)A man. shall not be entitled to an invalidity pension under this section if he is over pensionable age and has retired from regular employment; but if he retires from regular employment, having attained pensionable age, and the period of interruption of employment mentioned in subsection (2)(a) above did not terminate earlier than the day before he attained that age—

(a)he shall, if not otherwise entitled to a Category A retirement pension and also not entitled to a Category B retirement pension by virtue of section 8 above, be entitled to a Category A retirement pension; and

(b)the weekly rate of the Category A retirement pension to which he is entitled (whether by virtue of paragraph (a) above or otherwise) shall be determined in the manner specified in subsection (3) above for an invalidity pension under this section.

(6)No invalidity pension shall be payable under section 15 of the principal Act for any day of incapacity for which an invalidity pension is payable under this section.

17Invalidity allowance and disablement pension

In section 16(2) of the principal Act (rates of invalidity allowance) and paragraph 5 of Part V of Schedule 4 to that Act (rates of increase in unemployability supplement to disablement pension)—

(a)in paragraph (a) (rate if beneficiary is under the age of 35) for " 35 " there shall be substituted

40;

(b)in paragraph (b) (rate if beneficiary is under the age of 45) for " 45 " there shall be substituted

50.

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