Social Security Act 1973

10 Unemployment benefit and sickness benefit.

(1) Subject to the provisions of this section, a person who satisfies any of the three conditions of subsection (2) below shall be entitled—

(a) to unemployment benefit in respect of any day of unemployment which forms part of a period of interruption of employment; and

(b) to sickness benefit in respect of any day of incapacity for work which forms part of such a period.

(2) The conditions of this subsection are that—

(a) the person is under pensionable age on the day in question and satisfies the contribution conditions specified for unemployment or, as the case may be, sickness benefit in Part I of Schedule 3 to this Act; or

(b) the person would on that day have been entitled to a Category A retirement pension if he had retired from regular employment on attaining pensionable age; or

(c) the person is a woman and—

(i) she would on that day have been entitled to a Category B retirement pension and the husband by virtue of whose contributions she would have been so entitled is dead, but

(ii) she has made an election for the purposes of section 26(2) of this Act (return to work after retirement) and has not revoked her election.

(3) A person shall not be entitled either to unemployment benefit or to sickness benefit for the first 3 days of any period of interruption of employment.

(4) In the case of a person entitled under subsection (2)(a) above, unemployment or sickness benefit shall be payable—

(a) at the higher rate specified in relation thereto in Part I of Schedule 4 to this Act—

(i) in the case of a married woman, during any period falling within subsection (5) below, and

(ii) in the case of a person other than a married woman; and

(b) at the lower rate so specified in the case of a married woman during any period not falling within that subsection.

(5) The periods during which unemployment or sickness benefit is payable to a married woman at the higher rate are—

(a) any period during which she is entitled to an increase of benefit in respect of her husband under section 34(2) of this Act (dependant husband incapable of self-support) ; and

(b) any period during which she is residing with her husband and he is entitled to an invalidity pension, to a Category A, Category C or Category D retirement pension or to any unemployability supplement or allowance; and

(c) any period during which she is not residing with her husband nor is he contributing to her maintenance at a weekly rate not less than the difference between the higher rate and the lower rate of the benefit.

(6) The reference in subsection (5)(b) above to unemployability supplement or allowance shall be construed in accordance with Schedule 5 to this Act.

(7) In the case of a person entitled under subsection (2)(b) or (c) above (being over pensionable age), unemployment benefit or sickness benefit shall be payable at the weekly rate at which, apart from any increase to be disregarded for the purposes of this subsection, the retirement pension referred to in the applicable paragraph of subsection (2) would have been payable; and the increases to be so disregarded are—

(a) any increase (for days of increment between pensionable age and retirement) under section 24(4) or (5) or 25(10) of this Act;

(b) any increase (for dependants) under section 31 or 35; and

(c) where the claim is for unemployment benefit, any in crease (for invalidity) under section 24(7);

and, in determining for the purposes of this subsection the rate at which a retirement pension would have been payable, section 26(1) of this Act (earnings rule) shall be taken not to apply.

(8) Where a person is entitled to unemployment or sickness benefit, he shall also be entitled to earnings-related supplement of the benefit, at a weekly rate ascertained in accordance with Part I of Schedule 6 to this Act, for any day of unemployment or incapacity for work, being a day—

(a) on which he is under pensionable age ; and

(b) which forms part of a period of interruption of employment and is not earlier than the 13th day of that period;

but where he has been entitled to the supplement in respect of an aggregate of 156 days in the same period of interruption of employment (including for this purpose, in the case of a woman, any days in that period in respect of which she has been entitled to earnings-related supplement of a maternity allowance), he shall not be entitled thereto in respect of any further day in that period.

This subsection shall be subject to Part II of Schedule 6 to this Act.

(9) The amount payable by way of benefit under this section for any day of unemployment or of incapacity for work shall be 1 /6th of the appropriate weekly rate.