The Social Security (General Benefit) Regulations 1982

Payments by way of unemployability supplement and increases for children and adult dependants for persons entitled to Workmen's Compensation

42.—(1) A person who—

(a) is or has been on or after 5 July 1948(1) entitled in respect of any injury or disease to weekly payments by way of compensation under the Workmen's Compensation Acts or under any contracting-out scheme duly certified thereunder; and

(b) as the result of that injury or disease could, for the purposes of Section 58 be treated as being incapable of work and likely to remain permanently so incapable;

shall have the like right to payments under the Act by way of unemployability supplement, together with the like right to payments under the Act in respect of a child or adult dependant, as if the injury or disease were one in respect of which a disablement pension were for the time being payable.

(2) A person shall not be entitled—

(a) at any time to payment in accordance with the provisions of this regulation in respect of more than one injury or disease;

(b) to a payment in accordance with the provisions of this regulation during any period for which he is entitled to an increase of disablement pension by way of unemployability supplement under section 58;

(c) to a payment in respect of a child in accordance with the provisions of this regulation during any period for which an increase of an allowance is payable in respect of that child under the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966(2).

(3) For the purposes of this regulation, the meaning in section 59(2) (increase of unemployability supplement by reference to beneficiary's age, on qualifying date) of “the qualifying date” shall, subject to the provisions of subsections (3), (4) and (5) of that section, be the beginning of the first week for which the said person qualified for a payment by way of unemployability supplement under this regulation.

(1)

See S.I. 1948/53.

(2)

relevant amending instruments are S.I. 1971/1222 and 1977/380.