Social Security Act 1975

PART IContributions

1Outline of contributory system

2Categories of earners

The four classes of contributions

4Class 1 contributions (incidence)

5Class 1 standard and reduced rates

6Class 1 exemptions

7Class 2 contributions

8Class 3 contributions

9Class 4 contributions recoverable under Tax Acts

10Class 4 contributions recoverable under regulations

11General power to regulate liability for contributions

PART IIBenefit and its Administration

CHAPTER IContributory Benefits

12Descriptions of contributory benefits

13Contribution conditions and the earnings factor

Benefits for unemployment, sickness and invalidity

14Unemployment benefit and sickness benefit

15Invalidity pension

16Invalidity allowance

17Determination of days for which benefit is payable

18Duration of unemployment benefit

19Loss of employment due to stoppage of work

20Other disqualifications, etc.

21Maternity grant

22Maternity allowance

23Supplementary provisions as to maternity benefit

24Widow's allowance

25Widowed mother's allowance

26Widow's pension

Retirement pensions (Categories A and B)

27Matters affecting entitlement to pension

28Category A retirement pension

29Category B retirement pension

30Category A and B pensions (supplementary)

31Child's special allowance

33Partial satisfaction of contribution conditions

CHAPTER IINon-Contributory Benefits

34Descriptions of non-contributory benefits

35Attendance allowance

36Non-contributory invalidity pension

37Invalid care allowance

38Guardian's allowance

39Retirement benefits for the aged

CHAPTER IIIIncreases for Dependants

Child dependants

41Beneficiary's dependent children

42Additional provisions as to increase under s.41

43Limits of increase for dependent children

Adult dependants

44Short term benefit: increase for adult dependants

45Pension increase (wife)

46Pension increase (female with care of children)

47Invalidity pension (dependant relative)

48Pension increases supplementary provisions

Increase of certain non-contributory benefits

49Beneficiaries under ss.36 and 37

CHAPTER IVBenefit for Industrial Injuries

General provisions as to benefit

50Descriptions of industrial injuries benefits

51Relevant employments

52Earner acting in breach of regulations, etc.

53Earner travelling in employer's transport

54Accidents happening while meeting emergency

55Accident caused by another's misconduct, etc.

56Injury benefit

Disablement benefit

57Disablement gratuity and pension

58Unemployability supplement

59Increase of unemployability supplement

60Increase of disablement pension for special hardship

61Increase where constant attendance needed

62Increase during hospital treatment

63Increase for exceptionally severe disablement

Increases for dependants

64Beneficiary's dependent children

65Additional provisions as to increase under s.64

66Adult dependants

Industrial death benefit

67Widow's benefit (entitlement)

68Widow's benefit (rate)

69Widower's benefit (entitlement and rate)

70Children of deceased's family

73Woman having care of deceased's children

74Beneficiary previously maintained by deceased

75Death of person with constant attendance allowance

CHAPTER VIndustrial Diseases, and Injuries not within Chapter IV

76Benefit in respect of industrial disease, etc.

77General provisions as to benefit under s.76

78Respiratory diseases

CHAPTER VIAdministration of Benefit

Provisions relating to benefit under Chapters I to V

79Claims and awards

80Claims in the alternative

82Disqualification and suspension

83Disqualifications disregarded for certain purposes

84Persons maintaining dependants, etc.

85Overlapping benefits

86Set-off of overpayments

87Benefit to be inalienable

Provisions relating to industrial injuries benefit only

88Notification of accidents, etc.

89Medical examination and treatment

90Obligations of claimants

91Adjustments for successive accidents

92Benefit forgone for unabated sick pay

PART IIIDetermination of Claims and Questions

Adjudication by Secretary of State

93Principal questions for Secretary of State

94Appeal on question of law

95Other questions for Secretary of State

96Review of decisions under ss.93, 95

Adjudication by insurance officers, local tribunals and Commissioners

97Adjudicating officials and bodies

98Claims and questions to be submitted to insurance officer

99Decision of insurance officer

100Appeal to local tribunal

101Appeal from local tribunal to Commissioner

102Questions first arising on appeal

103Reference of special questions

104Review of decisions

Adjudication in relation to attendance allowance

105Attendance Allowance Board

106Review of, and appeal from, Board's decision

Adjudication in relation to industrial injuries, etc.

107Declaration that accident is an industrial accident

108Disablement questions

109Medical appeals and references

110Review of medical decisions

111Reference to single doctor

112Appeal etc. on question of law to Commissioner

113Adjudication as to industrial diseases

Adjudication generally

114Regulations as to determination of questions

116Tribunal of 3 Commissioners

117Finality of decisions

118Questions as to child or family

119Effect of adjudication on payment and recovery

PART IVGeneral Provisions as to Operation and Administration of this Act

Review and re-rating of contributions

120Annual review of contributions

121Orders under s.120 (supplementary)

122Additional power to alter contributions

123Orders under s.122 (supplementary)

Up-rating of benefits

124Power to increase rates of benefit

125Duty to increase certain benefits

126Supplementary provisions as to up-rating

Special classes of earners

127Crown employment

128Her Majesty's forces

129Mariners, airmen, etc.

130Married women and widows

131Persons outside Great Britain

132Employment at sea (continental shelf operations)

133National Insurance Fund

134Destination of contributions and Treasury supplements

135General financial arrangements

136Payments for purposes of s.92

137Financial review and report

Advisory bodies

138National Insurance Advisory Committee

139Committee to be consulted as to regulations

140Advisory functions in relation to attendance allowance

141Industrial Injuries Advisory Council

Social security systems outside Great Britain

142Co-ordination with Northern Ireland

143Reciprocity with other countries

144Appointment and powers of inspectors

145Duty to submit to inspection

146Offences and penalties

147General provisions as to prosecutions

148Questions arising in proceedings

Unpaid contributions

149Evidence of non-payment

150Recovery on prosecution

151Proof of previous offences

152Provisions supplementary to ss.150, 151

153Priority in bankruptcy, etc.

Matters particularly relating to industrial injuries and diseases

154Research on industrial injuries, etc.

155Control of pneumoconiosis

156Accidents in course of illegal employment

157Persons treated as employers for certain purposes

158Supplementary schemes

159Payments for pre-1948 cases

Other administrative provisions

160Provisions relating to age, death and marriage

161Furnishing of addresses for maintenance proceedings, etc.

162Treatment of certain marriages

163Exemption from stamp duty

164Disclosure of information by Inland Revenue

165Deputy Government Actuary

166Orders and regulations (general provisions)

167Parliamentary control of orders and regulations

168Interpretation

169Citation, extent and commencement

SCHEDULE 1Supplementary provisions relating to Contributions of Classes 1, 2 and 3

Class 1 contributions where earner employed in more than one employment

1(1) For the purposes of determining whether Class 1 contributions...

Earnings not paid at normal intervals

2Regulations may, for the purposes of Class 1 contributions, make...

Method of paying Class 1 contributions

3(1) Where earnings are paid to an employed earner and...

General provisions as to Class 1 contributions

4Regulations may, in relation to Class 1 contributions, make provision—...

Power to combine collection of contributions with tax

5(1) Regulations made with the concurrence of the Inland Revenue...

General regulation-making powers

6(1) Regulations may provide— (a) for requiring persons to maintain,...

7Regulations may provide that, for the purpose of determining whether...

Deduction of contributions from pension, etc.

8(1) Where a person is in receipt of a pension...

SCHEDULE 2Levy of Class 4 Contributions with Income Tax

1In this Schedule— (a) " the Act of 1968 "...

Method of computing profits or gains

2Subject to the following paragraphs. Class 4 contributions shall be...

3(1) For the purposes of computing the amount of profile...

Husband and wife

4(1) Chapter IV of Part I of the Act of...

5(1) Where a trade or profession is carried on by...

6In any circumstances in which apart from this paragraph a...

Other provisions

7Section 88(1), (4) and (5)(a) and (b) of the Taxes...

8Where an assessment has become final and conclusive for the...

9The provisions of Part V of the Taxes Management Act...

SCHEDULE 3Contribution Conditions for Entitlement to Benefit

PART IThe conditions

Unemployment and sickness benefit

1(1) The contribution conditions for unemployment benefit or sickness benefit...

Maternity grant

2(1) The contribution conditions for a maternity grant are the...

Maternity allowance

3(1) The contribution conditions for a maternity allowance are the...

Widow's allowance

4(1) The contribution condition for a widow's allowance is that—...

Widowed mother's allowance and widow's pension; retirement pensions (Categories A and B)

5(1) The contribution conditions for a widowed mother's allowance, a...

Child's special allowance

6(1) The contribution condition for a child's special allowance is...

7(1) The contribution condition for a death grant is that—...

PART IISatisfaction of conditions in early years of contribution

8(1) Sub-paragraph (3) below shall apply where a claim is...

9Where a person claims unemployment benefit, he shall be deemed...

10Where a person claims sickness benefit, he shall be deemed...

11Where a woman claims a maternity grant, the contributor concerned...

12Where a woman claims a maternity allowance, she shall be...

13Where a woman claims a widow's allowance, the contributor concerned...

SCHEDULE 4Rates of Benefits, Grants and Increases for Dependants

PART IContributory Periodical Benefits (Sections 14-31)

PART IIMaternity Grant and Death Grant

PART IIINon-Contributory Periodical Benefits (ss. 34-40)

PART IVIncreases for Dependants (ss. 41-49)

PART VRate or Amount of Industrial Injuries Benefit

SCHEDULE 5Meaning of "unemployability supplement or allowance"

SCHEDULE 6Earnings-related Supplement and Addition

PART IComputation of weekly rate

1(1) The weekly rate of earnings-related supplement of unemployment benefit,...

2The claimant's or late husband's reckonable weekly earnings for the...

3(1) The weekly rate of earnings-related supplement of unemployment benefit,...

4The foregoing provisions of this Schedule shall be subject to...

PART IIAdditional provisions

5Where, in the case of a person entitled in respect...

6Where, in the case of a person entitled to any...

7Regulations may provide that the relevant year for the purposes...

SCHEDULE 7Method of treating deceased Husband's Contributions as those of his Widow, so as to entitle her to Category A Retirement Pension

1(1) There shall be taken into account towards the widow's...

2The number of years arrived at under this paragraph is...

3The number of years arrived at under this paragraph is...

SCHEDULE 8Assessment of Extent of Disablement

General provisions as to method of assessment

1For the purposes of section 57 of this Act, the...

2Provision may be made by regulations for further defining the...

3Regulations under paragraph 1(d) or 2 above may include provision—...

4The period to be taken into account by an assessment...

5An assessment shall state the degree of disablement in the...

Special provision as to entitlement to constant attendance allowance, etc.

6(1) For the purpose of determining whether a person is...

SCHEDULE 9Limits of Entitlement to Industrial Death Benefit

1Where two or more persons satisfy the conditions, in respect...

2Where two or more persons satisfy the conditions, in respect...

3No person shall be entitled in respect of the death...

4(1) Where a person would but for paragraph 2 or...

5No person shall be entitled in respect of a person's...

6(1) The death benefit payable in respect of a person's...

7(1) A person shall be treated for the purposes of...

8(1) Where a person entitled, or who may become entitled,...

SCHEDULE 10Supplementary Provisions as to Local Tribunals, Commissioners, Etc

Panels for appointment to local tribunals

1(1) The panels referred to in section 97(2) of this...

Tribunal chairmen

2(1) A person appointed to act as chairman of a...

Expenses of tribunal members and others

3(1) The Secretary of State may pay—

Commissioners' remuneration etc., and their pensions

4The Secretary of State shall pay to a National Insurance...

5(1) The Secretary of State may from time to time...

Commissioners' pensions: supplementary

6(1) Sub-paragraph (2) below applies where— (a) the rate of...

SCHEDULE 11Attendance Allowance Board

PART IMembership of Board and Method of discharging Functions

1(1) Subject to the following sub-paragraph, the Board shall consist...

2The House of Commons Disqualification Act 1957 shall continue with...

3The Board may appoint persons as advisers to the Board...

4The Board may refer any individual case for investigation and...

5The Board may delegate any of their functions in respect...

PART IIPersonnel, Administration and Expenses

6The chairman and other members of the Board shall hold...

7The Secretary of State may remove a member of the...

8Nothing in paragraphs 6 and 7 above applies to an...

9The Secretary of State shall make arrangements for securing that...

10The expenses of the Board to such an amount as...

11There may be paid as part of the expenses of...

12Subject to any directions given to them by the Secretary...

SCHEDULE 12Medical Boards and Medical Appeal Tribunals

1Medical boards shall be appointed by the Secretary of State...

2Medical appeal tribunals shall be appointed by the Secretary of...

3Subject to the foregoing paragraphs, the constitution of medical boards...

4The Secretary of State may pay— (a) to the chairman...

5The Secretary of State may pay to persons required to...

6The Secretary of State may pay such other expenses as...

7The consent of the Minister for the Civil Service shall...

8In the above paragraphs references to travelling and other allowances...

SCHEDULE 13Provision which may be made by Procedure Regulations

1Provision prescribing the procedure to be followed in connection with...

2Provision as to the form which is to be used...

3Provision as to the time to be allowed for producing...

4Provision as to the manner in which, and the time...

5Provision for summoning persons to attend and give evidence or...

6Provision for authorising a competent tribunal consisting of two or...

7Provision for giving the chairman or acting chairman of a...

8Provision for empowering the Secretary of State, an insurance officer...

9Provision— (a) that in such cases as may be prescribed...

10Provision for the non-disclosure to a person of the particulars...

11Provision for requiring or authorising the Secretary of State to...

SCHEDULE 14Provisions applicable on Alteration of Benefit Rates

1In this Schedule, " the commencing date " means the...

Awards before commencing date

2(1) Where the weekly rate of benefit is altered to...

Variation of disablement gratuities

3Where in consequence of the passing of an Act, or...

Benefit in respect of children or adult dependants

4Where for any purpose of this Act or the Old...

SCHEDULE 15National Insurance Advisory Committee

PART IConstitution etc. of Committee

1The Committee shall consist of a chairman appointed by the...

2Subject to paragraph 4 below, the chairman and other members...

3Of the members of the Committee (other than the chairman)...

4The Secretary of State may remove a member of the...

5The Secretary of State shall appoint a secretary to the...

6The Committee may appoint persons as their advisers on matters...

7The expenses of the Committee to such an amount as...

8There may be paid as part of the expenses of...

9The Committee may act notwithstanding any vacancy among the members....

10The Committee may make rules for regulating their procedure (including...

PART IIRegulations not Requiring Prior Submission to Committee

11Regulations relating only to industrial injuries benefit or its administration....

12Regulations made by virtue of section 30(2) or 45(4) of...

13Regulations made by virtue of section 86(1) to (4) of...

14Regulations under section 162(b) of this Act (treatment of polygamous...

15Regulations containing only provisions— (a) with respect to the determination...

16Regulations contained in a statutory instrument which states that the...

17Regulations contained in a statutory instrument which states that it...

18Regulations contained in a statutory instrument made within a period...

19Regulations in so far as they consist only of procedural...

20Regulations made for the purpose only of consolidating other regulations...

SCHEDULE 16Industrial Injuries Advisory Council

PART IConstitution of Council

1(1) The Council shall consist of a chairman appointed by...

2(1) The Secretary of State may pay—

PART IIRegulations not Requiring Prior Submission to Council

3Regulations made by virtue of section 66(5) of this Act...

4Regulations made by virtue of section 86(1) to (4) of...

5Regulations under section 162(6) of this Act (treatment of polygamous...

6Regulations containing only provisions— (a) with respect to the determination...

7Regulations contained in a statutory instrument which states that the...

8Regulations contained in a statutory instrument which states that it...

9Regulations contained in a statutory instrument made within a period...

10Regulations in so far as they consist only of procedural...

11Regulations contained in a statutory instrument which states that it...

12Regulations made for the purpose only of consolidating other regulations...

SCHEDULE 17Constitution, etc., of Joint Authority for Great Britain and Northern Ireland

1The Joint Authority shall be a body corporate by the...

2Either member of the Joint Authority shall be entitled, subject...

3The Documentary Evidence Act 1868 shall apply to the Joint...

SCHEDULE 18Priority of Debts in Cases of Personal and Company Insolvency

1(1) The relevant enactments relating to personal insolvency are the...

2(1) The relevant enactment relating to companies' winding-up is section...

3(1) The relevant enactments relating to the remedies of debenture...

SCHEDULE 19Supplementary Schemes

Implementation of schemes

1The Secretary of State may by order approve a supplementary...

2Subject to the provisions of this paragraph, and to paragraphs...

3A supplementary scheme may empower the body charged with the...

4No part of the funds required for providing benefits under...

5Subject to paragraphs 6 to 9 below, a supplementary scheme...

Amendment and consolidation of schemes

6The Secretary of State may by order—

7An order under paragraph 6 above with respect to any...

8The Secretary of State, after consulting the body charged with...

9An order made by virtue of paragraph 7 or 8...

Set-off of overpayments

10(1) Where a person who has received a payment in...

11Where a person has received in respect of any period...

12The amount by which a payment to any person is...

Exemption of certain documents from stamp duty

13Stamp duty shall not be chargeable on any of the...

14Paragraph 13 above is without prejudice to section 163 of...

SCHEDULE 20Glossary of Expressions

Social Security Act 1975

1975 Chapter 14

An Act to consolidate for England, Wales and Scotland so much of the Social Security Act 1973 as establishes a basic scheme of contributions and benefits, together with the National Insurance (Industrial Injuries) Acts 1965 to 1974 and other enactments relating to social security.

[20th March 1975]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—