Increase of unemployability supplementE+W+S
3(1)Subject to the following provisions of this paragraph, if on the qualifying date the beneficiary was—E+W+S
(a)a man under the age of 60, or
(b)a woman under the age of 55,
the weekly rate of unemployability supplement shall be increased by the appropriate amount specified in Schedule 4, Part V, paragraph 6.
(2)Where for any period the beneficiary is entitled to a Category A or Category B retirement pension F1... and the weekly rate of the pension includes an additional pension such as is mentioned in section 44(3)(b) above, for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under this paragraph and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only to an amount equal to it.
(3)In this paragraph “the relevant amount” means an amount equal to the additional pension reduced by the amount of any reduction in the weekly rate of the retirement F2... made by virtue of [F3section 46] of the Pensions Act.
[F4(3A)In sub-paragraphs (2) and (3) above references to additional pension do not include any amount of additional pension attributable to units of additional pension.
(3B)For units of additional pension, see section 14A.]
(4)In this paragraph references to an additional pension are references to that pension after any increase under section 52(3) above but without any increase under paragraphs 1 and 2 of Schedule 5 to this Act.
(5)In this paragraph “the qualifying date” means, subject to sub-paragraphs (6) and (7) below, the beginning of the first week for which the beneficiary qualified for unemployability supplement.
(6)If the incapacity for work in respect of which unemployability supplement is payable forms part of a period of interruption of employment which has continued from a date earlier than the date fixed under sub-paragraph (5) above, the qualifying date means the first day in that period which is a day of incapacity for work, or such earlier day as may be prescribed.
(7)Subject to sub-paragraph (6) above, if there have been two or more periods for which the beneficiary was entitled to unemployability supplement, the qualifying date shall be, in relation to unemployability supplement for a day in any one of those periods, the beginning of the first week of that period.
(8)For the purposes of sub-paragraph (7) above—
(a)a break of more than 8 weeks in entitlement to unemployability supplement means that the periods before and after the break are two different periods; and
(b)a break of 8 weeks or less is to be disregarded.
(9)The Secretary of State may by regulations provide that sub-paragraph (8) above shall have effect as if for the references to 8 weeks there were substituted references to a larger number of weeks specified in the regulations.
(10)In this paragraph “period of interruption of employment” has the same meaning as [F5a jobseeking period and any period linked to such a period has for the purposes of the Jobseekers Act 1995.]
(11)The provisions of this paragraph are subject to [F6section 46(6) and (7) (entitlement to guaranteed minimum pensions and increases of unemployability supplement)].
Textual Amendments
F1Words in Sch. 7 para. 3(3) repealed (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 41(2)(b), Sch. 2; S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F2Words in Sch. 7 para. 3(2) repealed (13.4.1995) by Social Security (Incapacity for Work) Act 1994 (c. 18), s. 16(3), Sch. 1 para. 41(2)(a), Sch. 2; S.I. 1994/2926, art. 2(4), Sch. Pt. 4
F3Words in Sch. 7 para. 3(3) substituted (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 193(2), Sch. 8 para. 43(a) (with s. 189, Schs. 6, 9); S.I. 1994/86
F4Sch. 7 para. 3(3A)(3B) inserted (12.10.2015) by The Pensions Act 2014 (Consequential Amendments) (Units of Additional Pension) Order 2014 (S.I. 2014/3213), arts. 1(2), 3
F5Words in Sch. 7 para. 3(10) substituted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 36(2); S.I. 1996/2208, art. 2(b)
F6Words in Sch. 7 para. 3(11) substituted (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 193(2), Sch. 8 para. 43(b) (with s. 189, Schs. 6, 9); S.I. 1994/86
Modifications etc. (not altering text)
C1Sch. 7 para. 3 modified (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 46(6)(7), 193(2) (with s. 189, Schs. 6, 9); S.I. 1994/86