National Assistance Act 1948

Section 46.

FOURTH SCHEDULE Amendments of 26 Geo. 5 & 1 Edw. 8. c. 31.

1 (1) For references to the Treasury, the local pension committee, and the pension officer there shall be substituted references to the Board.

(2) For references to the central pension authority there shall be substituted references to the Appeal Tribunal.

(3) References to pension authorities shall be construed as references to the Board or the Appeal Tribunal, as the case requires.

(4) Section ten (which relates to local pension committees, the central pension authority and pension officers) shall cease to have effect.

2 (1) In section three, in subsection (1), paragraphs (a) and (c) (which disqualify persons who are inmates of poor law institutions, criminal lunatics, and persons who are being maintained as persons of unsound mind) shall cease to have effect, and for paragraph (b) (which disqualifies persons detained in prison on conviction) there shall be substituted—

“(b) is, except in such circumstances as may be prescribed by regulations under section twelve of this Act, undergoing penal servitude, imprisonment or detention in legal custody.”

(2) Subsections (2) and (3) of section three, and in subsection (1) the words " subject to the provisions of this section ", shall cease to have effect.

3 Notwithstanding anything in section six, where a woman who is entitled to an old age pension becomes, in consequence of the death of her husband, entitled to an increase in the rate thereof, pension at the increased rate shall be payable as from the date of the death or from the beginning of the period of three months ending with the date on which notice of the death is given to the Board, whichever is the later:

Provided that the Board shall not by virtue of this paragraph be required to make any payment in respect of part of a week.

4 In section nine, subsections (3) and (4) (which provide for the suspension of payments where a question of disqualification arises, and render a further claim necessary for the resumption of payments which have been discontinued or for the increase, on a change of circumstances, of a pension which has been reduced) shall cease to have effect.

5 Regulations under section twelve shall be made by the Board and confirmed by the Minister of National Insurance and, so far as they relate to the Post Office, by the Postmaster-General.

6 In section twelve paragraph (d) of subsection (1) (which relates to the constitution and proceedings of local pension committees, the use by such committees of offices of a local authority and the payment of the expenses of such committees), and in subsection (2) the words from " and for notice " to " registered by them ", shall cease to have effect.

7 Subsection (4) of section twelve (which provides for defraying expenses of the Treasury, the Minister of Health, and local pension committees) shall cease to have effect.