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Social Security Act 1990

Type Public General Act
Publication 1990-07-13
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Benefits

Attendance allowance for the terminally ill

1–5

Severe disablement allowance: age related addition

2

(36A) (1) If a person was under the age of 60 on the day on which he qualified for severe disablement allowance, the weekly rate of his severe disablement allowance shall be increased by an age related addition at whichever of the weekly rates specified in the second column of paragraph 2A of Part III of Schedule 4 to this Act is applicable in his case, that is to say— (a) the higher rate, if he was under the age of 40 on the day on which he qualified for severe disablement allowance; (b) the middle rate, if he was between the ages of 40 and 50 on that day; or (c) the lower rate, if he was between the ages of 50 and 60 on that day. (2) Subject to subsection (4) below, for the purposes of this section the day on which a person qualified for severe disablement allowance is his first day of incapacity for work in the period of not less than 196 consecutive days mentioned in section 36(2)(b) or (3)(b) above, as the case may be, which preceded the first day in his current period of entitlement. (3) For the purposes of this section, a person’s “current period of entitlement” is a current period— (a) which consists of one or more consecutive days on which he is or has been entitled to a severe disablement allowance; and (b) which begins immediately after the last period of one or more consecutive days for which he was not entitled to such an allowance. (4) Regulations— (a) may prescribe cases where a person is to be treated for the purposes of this section as having qualified for severe disablement allowance on a prescribed day earlier than the day ascertained in accordance with subsection (2) above; (b) may provide for days which are not days of incapacity for work in relation to a person to be treated as days of incapacity for work for the purpose of determining under this section the day on which he qualified for severe disablement allowance; and (c) may make provision for disregarding prescribed days in computing any period of consecutive days for the purposes of subsection (3) above.

2A. Age related addition (section 36A). (a) Higher rate 10.00
2A. Age related addition (section 36A). (b) Middle rate 6.20
2A. Age related addition (section 36A). (c) Lower rate 3.10
2A. Age related addition (section 36A). (the appropriate rate being determined in accordance with section 36A(1)) (the appropriate rate being determined in accordance with section 36A(1))

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Reduced earnings allowance and retirement allowance

3

but a person shall not be entitled to reduced earnings allowance to the extent that the relevant loss of faculty results from an accident happening on or after the appointed day.

(1A) A person— (a) who immediately before the appointed day is entitled to reduced earnings allowance in consequence of the relevant accident, but (b) who subsequently ceases to be entitled to that allowance for one or more days, shall not again be entitled to reduced earnings allowance in consequence of that accident; but this subsection does not prevent the making at any time of a claim for, or an award of, reduced earnings allowance in consequence of that accident for a period which commences not later than the day after that on which the claimant was last entitled to that allowance in consequence of that accident. (1B) For the purposes of subsection (1A) above— (a) a person who, apart from section 57(4) above, would have been entitled to reduced earnings allowance immediately before the appointed day shall be treated as entitled to that allowance on any day (including a Sunday) on which he would have been entitled to it apart from that provision; (b) regulations may prescribe other circumstances in which a person is to be treated as entitled, or as having been entitled, to reduced earnings allowance on any prescribed day.

(10B) In this section “the appointed day” means the day on which section 3 of the Social Security Act 1990 comes into force.

(9) “Day of interruption of employment” has the same meaning for the purposes of this section as it has for the purposes of provisions of this Act relating to unemployment benefit, sickness benefit or invalidity benefit.

Computation of additional pension for purposes of invalidity pension etc

4

but with the substitution for subsection (6) of that section of the following— (6) In the application of this section for the purpose of determining the weekly rate of a person’s invalidity pension for any period of interruption of employment— (a) “relevant year” means any tax year, being neither earlier than the tax year 1978-79 nor later than the tax year 1990-91, in the period which— (i) begins with the tax year in which the invalidity pensioner attained the age of 16; and (ii) ends with the tax year immediately preceding the tax year which includes or included the first day of entitlement to the pension in respect of that period of interruption of employment; and (b) “final relevant year” means the last tax year which is a relevant year in relation to the invalidity pensioner.

but, in calculating the weekly rate of a widow’s pension for the purposes of paragraph (a) above, or the weekly rate of a widow’s pension without reduction, for the purposes of paragraph (b) above, any additional pension by virtue of section 6 above as it applies for the purposes of section 13 above shall be determined without reference to any surpluses in her late husband’s earnings factors for tax years after 1990-91.

(4) The weekly rate mentioned in paragraph (b) of subsection (3) above is a rate determined in the manner specified in section 6 above for a Category A retirement pension, but with the modifications that— (a) where the man’s wife was over pensionable age when she died, references in that section to the pensioner shall be taken as references to the wife; (b) where the man’s wife was under pensionable age when she died, references in that section to the pensioner and the tax year in which he attained pensionable age shall be taken as references to the wife and the tax year in which she died; and (c) any additional pension shall be determined without reference to any surpluses in her earnings factors for tax years after 1990-91.

Retrospective effect of section 165A of the principal Act

5

(165B) (1) This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 165A above, as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date. (2) Where this section applies, any question arising as to— (a) whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends, or (b) in a case where the claimant’s entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled, shall be determined as if section 165A above, as in force at the time of the claim referred to in subsection (1) above, and any regulations made under or referred to in that section as so in force, had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on). (3) In any case where— (a) a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date, but (b) that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date, and (c) entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit, then, in determining whether the conditions of entitlement to the benefit so claimed are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above. (4) In subsection (3) above “the current requirements” means— (a) the provisions of section 165A above, as in force at the time of the claim referred to in subsection (1) above, and any regulations made under or referred to in that section as so in force, with any necessary modifications; and (b) subsection (1) (with the omission of the words following “at any time”) and subsection (2) above. (5) Any reference in any enactment to section 165A of this Act (but not a reference to any specific provision of that section) shall be taken to include a reference to this section. (6) This section shall be taken to have come into force on 2nd September 1985.

Late claims for widowhood benefits where death is difficult to establish

6

; and (c) any reference in section 165C of the 1975 Act to widow’s payment included a reference to widow’s allowance, together with any increase under section 41(2)(e) of that Act.

Recovery from damages etc of sums equivalent to benefit: further provision

7

The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.

Liability to maintain dependants

8–10

Income support in respect of accommodation charges for certain persons in residential care and nursing homes

9

—In section 22 of the 1986 Act (calculation of income-related benefits) after subsection (2) there shall be inserted—

(2A) In prescribing, for the purposes of income support, amounts under subsection (1) above in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Secretary of State shall take into account information provided by local authorities or other prescribed bodies or persons with respect to the amounts which they have agreed to pay for the provision of accommodation in relevant premises in that area. (2B) In subsection (2A) above— - “accommodation” includes any board or care; - “local authority”— in relation to areas in England and Wales, has the same meaning as it has in Part III of the National Assistance Act 1948; and in relation to areas in Scotland, has the meaning given by section 1(2) of the Social Work (Scotland) Act 1968; - “qualifying person” means any person who falls within— subsection (1) of section 26A of the National Assistance Act 1948 (which is inserted by the National Health Service and Community Care Act 1990 and relates to persons ordinarily resident in residential care or nursing homes immediately before the commencement of that section); or subsection (1) of section 86A of the Social Work (Scotland) Act 1968 (the corresponding provision for Scotland), or who would fall within either of those subsections apart from any regulations under subsection (3) of the section in question; - “relevant premises”— in relation to areas in England and Wales, has the meaning given by section 26A(2) of the National Assistance Act 1948; and in relation to areas in Scotland, has the meaning given by section 86A(2) of the Social Work (Scotland) Act 1968.

Amendments relating to the social fund

10

(8E) The Secretary of State may give general directions to social fund officers or groups of social fund officers, or to any class of social fund officers, with respect to the control and management by social fund officers or groups of social fund officers of the amounts allocated to them under subsections (8A) to (8D) above.

(10ZA) Without prejudice to the generality of subsection (10) above, the Secretary of State may issue directions under that subsection for the purpose of securing that a social fund officer or group of social fund officers shall not in any specified period make awards of any specified description which in the aggregate exceed the amount, or a specified portion of the amount, allocated to that officer or group of officers under section 32(8A) to (8D) above for payments under awards of that description in that period.

(f) that a social fund payment such as is mentioned in section 32(2)(b) above shall only be awarded to a person if either— (i) he is in receipt of a benefit under the benefit Acts which is specified in the direction and the circumstances are such as are so specified; or (ii) in a case where the conditions specified in sub-paragraph (i) above are not satisfied, the circumstances are such as are specified in the direction;

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