Social Security and Housing Benefits Act 1982

Social Security Act 1975 (c. 14)

8 In section 3 of the principal Act (meaning of " earnings ") there is inserted, at the end, the following subsection—

“(4) For the purposes of this section, regulations may make provision for treating as remuneration derived from an employed earner's employment any payment made by a body corporate to or for the benefit of any of its directors where that payment would, when made, not be earnings for the purposes of this Act.”.

9 In section 14 of the principal Act (unemployment and sickness benefit), in subsection (4), after the words " subsection (2)(a) above " there are inserted the words " (including a person entitled by virtue of that subsection and section 50A of this Act) ".

10 In section 15 of the principal Act (invalidity pension) the following subsection is inserted at the end—

“(6) Regulations may make provision in relation to entitlement to invalidity pension—

(a) corresponding to that made by or under section 50A of this Act in relation to sickness benefit for persons who have attained pensionable age but have not retired from regular employment;

(b) restricting entitlement to invalidity pension in cases where in respect of one or more of the 168 days mentioned in subsection (1) above the person claiming invalidity pension (whether or not he has attained pensionable age) would not have been entitled to sickness benefit but for the provisions of section 50A(1) of this Act.”.

11 For subsection (2) of section 48 of the principal Act (priority of reductions under earnings rules) there are substituted the following subsections—

“(2) Sections 45 and 46 above, as they relate to the amount of the increase of a Category A retirement pension, have effect subject to section 30(1) above (earnings rule).

(3) In any case where a reduction in the amount of a Category A retirement pension falls to be made under section 30(1), then—

(a) if a reduction in an increase in that pension under section 45 or 46 above falls to be made under section 45(3) or, as the case may be, under regulations made under section 46(4), the reduction under section 30(1) shall be made first;

(b) the reduction under section 30(1) shall be made, so far as is necessary—

(i) initially against so much of the pension (other than any increase falling within sub-paragraph (ii) or (iii) below) as is subject to section 30(1);

(ii) then against any increase in the pension under section 45 or, as the case may be, 46 ; and

(iii) finally against any increase in the pension under section 41 above.”.

12 (1) Section 50 of the principal Act (descriptions of industrial injuries benefits) is amended as follows.

(2) For subsection (4) there is substituted the following subsection—

“(4) Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.”.

(3) The following subsection is inserted at the end—

“(6) In this Chapter ' work', in the contexts ' incapable of work' and ' incapacity for work', means work which the person in question can reasonably be expected to do.”.

13 In section 60(1) of the principal Act (increase of disablement pension for special hardship) for the words " injury benefit period " there are substituted the words " period of ninety days referred to in section 57(4) of this Act ".

14 (1) Section 79 of the principal Act is amended as follows.

(2) In subsection (3)(a) (regulations about claims for benefits) for the words "non-contributory invalidity pension or injury benefit" there are substituted the words " or non-contributory invalidity pension ".

(3) In subsection (3)(b) (award of benefit in respect of period after date of claim) for the words " 13 weeks " there are substituted the words " 26 weeks ".

15 In section 91(1)(b)(i) of the principal Act (regulations as to adjusting injury benefit in certain circumstances) for the word " either " there are substituted the words " that benefit ".

16 In section 141 of the principal Act (Industrial Injuries Advisory Council) the following subsection is inserted at the end—

“(4) The Council may also give advice to the Secretary of State on any other matter relating to industrial injuries benefit or its administration.”

17 In paragraph 4 of Schedule 8 to the principal Act (period to be taken into account in assessing extent of disablement for purposes of industrial injuries benefit) for the words " injury benefit period " there are substituted the words " period of ninety days referred to in section 57(4) of this Act ".