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Social Security Contributions and Benefits Act 1992

Status:

This is the original version (as it was originally enacted).

Nature and amount of benefit under paragraph 4

6(1)The benefit payable to any person in pursuance of a scheme under paragraph 4 above by virtue of sub-paragraph (1)(a) or (b) of that paragraph shall be by way of a weekly allowance.

(2)Subject to the provisions of this Schedule and to any provisions of the scheme for the adjustment of benefit under it by reference to pensions, allowances or other benefits payable out of public funds, the weekly rate—

(a)of an allowance by virtue of paragraph 4(1)(a) above in respect of total disablement shall be the corresponding disablement pension rate;

(b)of an allowance by virtue of paragraph 4(1)(a) above in respect of disablement which is not total shall be £32.55;

(c)of an allowance by virtue of paragraph 4(1)(b) above shall be the corresponding disablement pension rate.

(3)Sub-paragraph (2)(c) above shall have effect in relation to any person who has retired, or is treated as having retired, from regular employment, for the purposes of Parts I to VI above, for so long as he continues to be treated as retired for those purposes, as if at the end of the paragraph there were added the words “less the amount of any weekly payments by way of workmen’s compensation payable to the recipient in consequence of any of the diseases or injuries in consequence of which the allowance is payable”.

(4)The weekly rate of an allowance such as is mentioned in sub-paragraph (2)(a) or (b) above shall be increased, in such circumstances and subject to such conditions as may be prescribed by the scheme (in accordance, for the purposes of paragraph (b) of this paragraph, with any regulations in force under paragraph 8 of Schedule 6 to this Act)—

(a)in any case, by an amount equal to the unemployability supplement which would be payable under paragraph 2 of Schedule 7 to this Act or, as the case may be, paragraphs 2 and 3 of that Schedule if the person entitled to the allowance were entitled to a disablement pension;

(b)where the person requires constant attendance as the result of the disablement, by an amount equal to any increases which would be payable under section 104 or 105 above if he were entitled to a disablement pension in respect of an assessment of 100 per cent.;

(c)where the person is entitled to child benefit in respect of a child or children, and is in receipt of an allowance which comprises such an increase as is mentioned in paragraph (a) above, by an amount equal to any increase which would be payable under paragraph 4 of Schedule 7 to this Act in respect of that child or those children if he were entitled to disablement pension plus unemployability supplement;

(d)where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under section 82 above in respect of the spouse if the person were entitled to sickness benefit).

(5)Where under this paragraph an allowance comprises such an increase as is mentioned in paragraph (a) of sub-paragraph (4) above, that sub-paragraph shall have effect as if for paragraph (d) there were substituted the following paragraph—

(d)where the person is treated under the provisions of the scheme as residing with his or her spouse or contributing at a weekly rate of not less than the relevant amount towards the maintenance of his or her spouse, by the relevant amount (that is to say, an amount equal to any increase which would be payable under paragraph 6 of Schedule 7 to this Act in respect of the spouse if the person were entitled to disablement pension plus unemployability supplement)..

(6)The benefit payable in pursuance of such a scheme in respect of the death of any person shall be payable to or for the benefit of such persons as may be prescribed by the scheme (being members of the deceased’s family within the meaning of the [1925 c. 84.] Workmen’s Compensation Act 1925 ); and subject to the provisions of this Schedule such benefit shall be a capital sum or sums of an amount or aggregate amount not exceeding £300.

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