Social Security Contributions and Benefits Act 1992

section 47(1) above shall be taken as applying also for the increase of the Category B retirement pension, subject to reduction or extinguishment of the increase by the application of section 47(2) above or section 46(5) of the Pensions Act.

• (3) In the case of a pensioner whose spouse died on or before 5th October 2002, section 48B(2)(b) above shall have effect with the omission of the words “half of”.

• (4) In the application of the provisions of sections 44 to 45B above and Schedules 4A and 4B below by virtue of sections ... 48B(2) or 48BB(5) above, references in those provisions to the pensioner shall be taken as references to the spouse or civil partner.

Category B retirement pension for women.

49

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Rate of Category B retirement pension for women.

50

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Category B retirement pension for widows, widowers and surviving civil partners who attained pensionable age before 6 April 2010

51

• (1) A person (“the pensioner”) whose spouse died while they were married is entitled to a Category B retirement pension if—

• (a) they were both over pensionable age at the time of the death,

• (b) the pensioner attained pensionable age before 6 April 2010, and

• (c) the spouse satisfied the relevant contribution condition.

• (2) But subsection (1) does not confer a right to a Category B retirement pension on—

• (a) a woman whose husband has died, or

• (b) a man whose wife died before 6 April 1979.

• (3) In subsection (1)(c) “the relevant contribution condition” means—

• (a) in a case where the spouse attained pensionable age before 6 April 2010, the conditions in paragraph 5 of Schedule 3, and

• (b) in a case where the spouse attained pensionable age on or after 6 April 2010, the condition in paragraph 5A of Schedule 3.

• (4) A person (“the pensioner”) whose civil partner died while they were civil partners of each other is entitled to a Category B retirement pension if—

• (a) they were both over pensionable age at the time of the death,

• (b) the pensioner attained pensionable age before 6 April 2010, and

• (c) the deceased civil partner satisfied the relevant contribution condition.

• (5) In subsection (4)(c) “the relevant contribution condition” means—

• (a) in a case where the deceased civil partner attained pensionable age before 6 April 2010, the conditions in paragraph 5 of Schedule 3, and

• (b) in a case where the deceased civil partner attained pensionable age on or after 6 April 2010, the condition in paragraph 5A of Schedule 3.

• (6) The weekly rate of a person's Category B retirement pension under this section is to be determined in accordance with sections 44 to 45AA and Schedules 4A and 4B as they apply in the case of a Category A retirement pension taking references in those sections to the pensioner as references to the spouse or deceased civil partner.

• (7) But in the case of—

• (a) a man whose wife dies after 5 October 2002,

• (b) a surviving party to a marriage of a same sex couple, or

• (c) a surviving civil partner,

any amount of additional pension falling to be calculated under subsection (6) is to be halved.

• (8) For the purposes of any provision of this Act as it applies in relation to this section, no account is to be taken of any earnings factors of the spouse or deceased civil partner for the tax year beginning with 6 April 2016 or any later tax year.

• (9) Subject to the provisions of this Act, a person becomes entitled to a Category B retirement pension under this section on the day on which the conditions of entitlement become satisfied and the entitlement continues throughout the person's life.

• (10) Section 51ZA contains special rules for cases involving changes in gender.

• (11) Subsection (12) applies in the case of a pensioner whose spouse or civil partner—

• (a) attained pensionable age on or after 6 April 2016, and

• (b) died after attaining pensionable age.

• (12) Where this subsection applies, the amount determined in accordance with this section as the weekly rate of the additional pension payable to the pensioner must be increased by such percentage as equals the overall percentage by which, had the pension been in payment as from the date when the spouse or civil partner reached pensionable age until the spouse’s or civil partner’s death, that weekly rate would have increased during that period by virtue of orders under section 150 of the Administration Act (annual uprating of benefits).

Special provision for married person whose spouse changed gender

51ZA

• (1) Section 48A(2)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

• (a) her spouse is a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

• (b) the marriage subsisted before the time when that certificate was issued.

• (2) Section 48AA(2)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

• (a) her former spouse was, at the time the marriage was dissolved, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

• (b) the marriage subsisted before the time when that certificate was issued.

• (3) Section 48B(1ZA)(b) does not prevent a woman from being entitled to a Category B retirement pension under that section in a case where—

• (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

• (b) the marriage subsisted before the time when that certificate was issued,

and in such a case the reference in section 48B(1ZB)(a)(ii) to the spouse having attained pensionable age before 6 April 2010 is to be read as a reference to the spouse having been born before 6 April 1945.

• (4) Section 51(1) does not confer a right to a Category B retirement pension on a woman if—

• (a) her dead spouse was, at the time of death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

• (b) the marriage subsisted before the time when that certificate was issued.

Special provision for married people.

51A

• (1) This section has effect where, apart from section 43(1) above, a married person or civil partner would be entitled both—

• (a) to a Category A retirement pension, and

• (b) to a Category B retirement pension by virtue of the contributions of the other party to the marriage or civil partnership.

• (2) If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the weekly rate specified in Schedule 4, Part I, paragraph 5, that basic pension shall be increased by the lesser of—

• (a) the amount of the shortfall, or

• (b) the amount of the weekly rate of the Category B retirement pension.

• (3) This section does not apply in any case where both parties to the marriage attained pensionable age before 6th April 1979

Special provision for surviving spouses.

52

• (1) This section has effect where, apart from section 43(1) above, a person would be entitled both—

• (a) to a Category A retirement pension; and

• (b) to a Category B retirement pension by virtue of the contributions of a spouse or civil partner who has died.

• (2) If by reason of a deficiency of contributions the basic pension in the Category A retirement pension falls short of the full amount, that basic pension shall be increased by the lesser of—

• (a) the amount of the shortfall, or

• (b) the amount of the basic pension in the rate of the Category B retirement pension,

“full amount” meaning for this purpose the sum specified in section 44(4) above as the weekly rate of the basic pension in a Category A retirement pension.

• (3) If the additional pension in the Category A retirement pension falls short of the maximum amount specified in regulations, that additional pension shall be increased by the lesser of—

• (a) the amount of the shortfall, or

• (b) the amount of the additional pension in the Category B retirement pension.

• (3A) In subsection (3) the references to additional pension in a Category A or Category B retirement pension do not include any amount of additional pension attributable to units of additional pension.

• (3B) If an amount of additional pension in the Category B retirement pension is attributable to units of additional pension, the additional pension in the Category A retirement pension is increased by that amount (in addition to any increase under subsection (3)).

• (4) This section does not apply in any case where the death of the wife or husband, as the case may be, occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.

Special provision for married women.

53

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Category A and Category B retirement pensions: supplemental provisions.

54

• (1) Regulations may provide that in the case of a person of any prescribed description who—

• (a) has become entitled to a Category A or Category B retirement pension ... ; and

• (b) elects in such manner and in accordance with such conditions as may be prescribed that the regulations shall apply in his case,

this Part of this Act shall have effect as if that person had not become entitled to such a retirement pension or to a shared additional pension.

• (2) Regulations under subsection (1) above may make such modifications of the provisions of this Part of this Act, or of those of Chapter II of Part I of the Social Security Act 1998 as those provisions apply in a case where a person makes an election under the regulations, as may appear to the Secretary of State necessary or expedient.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pension increase or lump sum where entitlement to retirement pension is deferred

55

• (1) Where a person’s entitlement to a Category A or Category B retirement pension is deferred, Schedule 5 to this Act has effect.

• (2) In that Schedule—

• paragraph A1 makes provision enabling an election to be made where the pensioner’s entitlement is deferred

• paragraphs 1 to 3 make provision about increasing pension where the pensioner’s entitlement is deferred

• paragraphs 3A and 3B make provision about lump sum payments where the pensioner’s entitlement is deferred

• paragraph 3C makes provision enabling an election to be made where the pensioner’s deceased spouse or civil partner has deferred entitlement

• paragraphs 4 to 7 make provision about increasing pension where the pensioner’s deceased spouse or civil partner has deferred entitlement

• paragraphs 7A and 7B make provision about lump sum payments where the pensioner’s deceased spouse or civil partner has deferred entitlement

• paragraphs 7C to 9 make supplementary provision.

• (3) For the purposes of this Act a person’s entitlement to a Category A or Category B retirement pension is deferred if and so long as that person—

• (a) does not become entitled to that pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim), or

• (b) in consequence of an election under section 54(1), falls to be treated as not having become entitled to that pension,

and, in relation to any such pension, “period of deferment” shall be construed accordingly.

Shared additional pension

Shared additional pension because of an old state scheme pension credit

55A

• (1) A person is entitled to a shared additional pension under this section if—

• (a) the person attained pensionable age before 6 April 2016, and

• (b) the person is entitled to an old state scheme pension credit.

• (2) A person’s entitlement to a shared additional pension under this section shall continue throughout his life.

• (3) The weekly rate of a shared additional pension under this section shall be the appropriate weekly amount, unless the pensioner’s entitlement to the old state scheme pension credit arose before the final relevant year, in which case it shall be that amount multiplied by the relevant revaluation percentage.

• (4) The appropriate weekly amount for the purposes of subsection (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pensioner’s entitlement, or prospective entitlement, to the shared additional pension is equal to the old state scheme pension credit.

• (5) The relevant revaluation percentage for the purposes of that subsection is the percentage specified, in relation to earnings factors for the tax year in which the entitlement to the old state scheme pension credit arose, by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.

• (6) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.

• (6A) The power conferred by subsection (6) above includes power to provide—

• (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and

• (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations.

• (7) In this section—

• “final relevant year” means the tax year immediately preceding that in which the pensioner attains pensionable age;

• “old state scheme pension credit” means a credit under section 49(1)(b) of the Welfare Reform and Pensions Act 1999 (credit for the purposes of this Part of this Act);

• “valuation day” means the day on which the pensioner becomes entitled to the old state scheme pension credit.

Shared additional pension because of a new state scheme pension credit

55AA

• (1) A person is entitled to a shared additional pension under this section if—

• (a) the person reached pensionable age before 6 April 2016, and

• (b) the person is entitled to a new state scheme pension credit.

• (2) A person's entitlement to a shared additional pension under this section continues throughout his or her life.

• (3) The weekly rate of a shared additional pension under this section is equal to the amount of the new state scheme pension credit.

• (4) In this section “new state scheme pension credit” means a credit under section 49A(2)(b) of the Welfare Reform and Pensions Act 1999.

Reduction of shared additional pension: pension sharing.

55B

• (1) The weekly rate of a shared additional pension shall be reduced as follows in any case where—

• (a) the pensioner has become subject to an old state scheme pension debit, and

• (b) the debit is to any extent referable to the pension.

• (2) If the pensioner became subject to the debit in or after the final relevant year, the weekly rate of the pension shall be reduced by the appropriate weekly amount.

• (3) If the pensioner became subject to the debit before the final relevant year, the weekly rate of the additional pension shall be reduced by the appropriate weekly amount multiplied by the relevant revaluation percentage.

• (4) The appropriate weekly amount for the purposes of subsections (2) and (3) above is the weekly rate, expressed in terms of the valuation day, at which the cash equivalent, on that day, of the pension mentioned in subsection (5) below is equal to so much of the debit as is referable to the shared additional pension.

• (5) The pension referred to above is a notional pension for the pensioner by virtue of section 55A or 55AA (as the case may be) which becomes payable on the later of—

• (a) his attaining pensionable age, and

• (b) the valuation day.

• (6) For the purposes of subsection (3) above, the relevant revaluation percentage is the percentage specified, in relation to earnings factors for the tax year in which the pensioner became subject to the debit, by the last order under section 148 of the Administration Act to come into force before the end of the final relevant year.

• (7) The Secretary of State may by regulations make provision about the calculation and verification of cash equivalents for the purposes of this section.

• (7A) The power conferred by subsection (7) above includes power to provide—

• (a) for calculation or verification in such manner as may be approved by or on behalf of the Government Actuary, and

• (b) for things done under the regulations to be required to be done in accordance with guidance from time to time prepared by a person prescribed by the regulations.

• (8) In this section—

• “final relevant year” means the tax year immediately preceding that in which the pensioner attains pensionable age;

• “old state scheme pension debit”, means a debit under section 49(1)(a) of the Welfare Reform and Pensions Act 1999 (debit for the purposes of this Part of this Act);

• “valuation day” means the day on which the pensioner became subject to the state scheme pension debit.

Pension increase or lump sum where entitlement to shared additional pension is deferred

55C

• (1) Where a person’s entitlement to a shared additional pension is deferred, Schedule 5A to this Act has effect.

• (2) In that Schedule—

• paragraph 1 makes provision enabling an election to be made where the person’s entitlement is deferred

• paragraphs 2 and 3 make provision about increasing pension where the person’s entitlement is deferred

• paragraphs 4 and 5 make provision about lump sum payments where the person’s entitlement is deferred.

• (3) For the purposes of this Act, a person’s entitlement to a shared additional pension is deferred—

• (a) where he would be entitled to a Category A or Category B retirement pension but for the fact that his entitlement is deferred, if and so long as his entitlement to such a pension is deferred, and

• (b) otherwise, if and so long as he does not become entitled to the shared additional pension by reason only of not satisfying the conditions of section 1 of the Administration Act (entitlement to benefit dependent on claim),

and, in relation to a shared additional pension, “period of deferment” shall be construed accordingly.

Child’s special allowance

Child’s special allowance - existing beneficiaries.

56

• (1) Subject to the provisions of this Act ... , a woman whose marriage has been terminated by divorce shall be entitled to a child’s special allowance at the weekly rate specified in Schedule 4, Part I, paragraph 6, if—

• (a) the husband of that marriage is dead and satisfied the contribution condition for a child’s special allowance specified in Schedule 3, Part I, paragraph 6; and

• (b) she is entitled to child benefit in respect of a child and either—

• (i) she was so entitled immediately before that husband’s death; or

• (ii) in such circumstances as may be prescribed, he was then so entitled; and

• (c) either—

• (i) that husband had before his death been contributing at not less than the prescribed weekly rate to the cost of providing for that child; or

• (ii) at the date of that husband’s death she was entitled, under an order of a court, trust or agreement which she has taken reasonable steps to enforce, to receive (whether from that husband or from another person) payments in respect of that child at not less than that rate provided or procured by that husband.

• (2) A child’s special allowance shall not be payable to a woman—

• (a) for any period after her remarriage; or

• (b) for any period during which she and a man to whom she is not married are living together as husband and wife.

• (3) Where, apart from this subsection, a person is entitled to receive, in respect of a particular child, payment of an amount by way of a child’s special allowance, that amount shall not be payable unless one of the conditions specified in subsection (4) below is satisfied.

• (4) Those conditions are—

• (a) that the beneficiary would be treated for the purposes of Part IX of this Act as having the child living with him; or

• (b) that the requisite contributions are being made to the cost of providing for the child.

• (5) The condition specified in subsection (4)(b) above is to be treated as satisfied if, but only if—

• (a) such contributions are being made at a weekly rate not less than the amount referred to in subsection (3) above—

• (i) by the beneficiary; or

• (ii) where the beneficiary is one of two spouses residing together, by them together; and

• (b) except in prescribed cases, the contributions are over and above those required for the purpose of satisfying section 143(1)(b) below.

• (6) A child’s special allowance shall not be payable for any period after 5th April 1987 except to a woman who immediately before 6th April 1987—

• (a) satisfied the conditions set out in paragraphs (a) to (c) of subsection (1) above; and

• (b) was not barred from payment of the allowance for either of the reasons mentioned in subsection (2) above,

and who has so continued since 6th April 1987.

Provisions relating to unemployment benefit, sickness benefit and invalidity benefit

Determination of days for which benefit is payable.

57

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Incapacity for work: work as councillor to be disregarded.

58

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Invalidity benefit—disqualifications etc.

Invalidity benefit— disqualifications etc.

59

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Complete or partial failure to satisfy contribution conditions

Complete or partial failure to satisfy contribution conditions.

60

• (1) Subject to the provisions of this section, regulations may provide for persons to be entitled to any of the following benefits, namely—

• (a) a widowed mother’s allowance,

• (aa) a widowed parent’s allowance,

• (ab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a widow’s pension,

• (c) a Category A retirement pension,

• (d) a Category B retirement pension,

in cases where the first contribution condition specified in relation to that benefit in paragraph 5 of Schedule 3 to this Act is satisfied and the second contribution condition so specified is not.

• (2) Subject to subsection (8) below, in any case where—

• (a) an employed earner who is married or a civil partner dies as a result of—

• (i) a personal injury of a kind mentioned in section 94(1) below, or

• (ii) a disease or injury such as is mentioned in section 108(1) below, and

• (b) the contribution conditions are not wholly satisfied in respect of the employed earner,

those conditions shall be taken to be satisfied for the purposes of the entitlement of the employed earner’s widow, widower or surviving civil partner to any of the benefits specified in subsection (3) below.

• (3) The benefits referred to in subsection (2) above are the following—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) a widowed mother’s allowance;

• (ba) a widowed parent’s allowance;

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) a widow’s pension;

• (d) a Category B retirement pension payable by virtue of section 48B or 48BB above.

• (4) Subject to subsection (7) below, regulations under subsection (1) above shall provide for benefit payable by virtue of any such regulations to be payable at a rate, or to be of an amount, less than that which would be applicable under this Part of this Act had both of the relevant contribution conditions been fully satisfied.

• (5) Subject to subsection (7) below, the rate or amount prescribed by regulations under subsection (1) above may vary with the extent to which the relevant contribution conditions are satisfied (and may be nil).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Regulations may provide that where—

• (a) a person is entitled by virtue of subsection (1) above to a Category A or Category B retirement pension consisting only of the additional pension with no basic pension, and

• (b) that retirement pension, and any graduated retirement benefit to which he may be entitled, together amount to less than the prescribed rate,

that person’s entitlement as respects that retirement pension shall be satisfied either altogether or for a prescribed period by the making of a single payment of the prescribed amount.

• (8) Subsection (2) above only has effect where the employed earner’s death occurred on or after 11th April 1988.

• (9) References in this section to a Category A or Category B retirement pension do not include one to which Schedule 3, Part I, paragraph 5A applies.

Failure to satisfy contribution condition in paragraph 5A of Schedule 3

60A

• (1) Subsection (2) below applies if the contribution condition in Schedule 3, Part I, paragraph 5A is not satisfied in relation to a benefit to which that paragraph applies.

• (2) A person who would have been entitled to the benefit had the condition been satisfied shall nevertheless be entitled to a prescribed proportion of that benefit in respect of each of the years of the contributor's working life that falls within subsection (3) below.

• (3) A year of the contributor's working life falls within this subsection if it is a year in relation to which the requirements in paragraph 5A(2)(a) and (b) of Part I of Schedule 3 are satisfied.

• (4) “The contributor” means the person by whom the condition is to be satisfied.

• (5) In any case where—

• (a) an employed earner who is married or a civil partner dies on or after 6th April 2010 as a result of—

• (i) a personal injury of a kind mentioned in section 94(1) below, or

• (ii) a disease or injury such as is mentioned in section 108(1) below, and

• (b) the contribution condition specified in Schedule 3, Part I, paragraph 5A is not satisfied in respect of the employed earner,

that condition shall be taken to be satisfied for the purposes of the entitlement of the employed earner's widow, widower or surviving civil partner to a Category B retirement pension payable by virtue of section 48B.

• (6) In subsections (1) to (3) any reference—

• (a) to the contribution condition in Schedule 3, Part I, paragraph 5A, or

• (b) to the requirements of paragraph 5A(2)(a) and (b),

includes a reference to that condition or those requirements as modified by virtue of paragraph 5A(4).

Exclusion of increase of benefit for failure to satisfy contribution condition.

61

• (1) A Category A or Category B retirement pension which is payable by virtue of section 60(1) above and a widowed mother’s allowance or widowed parent’s allowance which is so payable shall not be increased under section 47(1) above or under Part IV below ... if the pension or allowance contains no basic pension in consequence of a failure to satisfy a contribution condition.

• (2) Where a person is entitled to short-term incapacity benefit at a rate determined under section 30B(3) above and the retirement pension by reference to which the rate of the benefit is determined—

• (a) would have been payable only by virtue of section 60 above, and

• (b) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension,

the benefit shall not be increased under section 47(1) above or under Part IV below ...

Shortfall in contributions: people with units of additional pension

61ZA

• (1) This section applies to a person who has one or more units of additional pension if the person—

• (a) is not entitled to a Category A retirement pension, but

• (b) would be entitled to a Category A retirement pension if the relevant contribution conditions were satisfied.

• (2) The relevant contribution conditions are to be taken to be satisfied for the purposes of the person's entitlement to a Category A retirement pension.

• (3) But where a person is entitled to a Category A retirement pension because of this section, the only element of that pension to which the person is so entitled is the additional pension attributable to the units of additional pension.

• (4) For units of additional pension, see section 14A.

Shortfall in contributions: people whose dead spouse had units of additional pension

61ZB

• (1) This section applies to a person whose spouse or civil partner died with one or more units of additional pension if the person—

• (a) is not entitled to a Category B retirement pension as a result of the death, but

• (b) would be entitled to a Category B retirement pension as a result of the death if the relevant contribution conditions were satisfied.

• (2) The relevant contribution conditions are to be taken to be satisfied for the purposes of the person's entitlement to that Category B retirement pension.

• (3) But where a person is entitled to a Category B retirement pension because of this section, the only element of that pension to which the person is so entitled is the additional pension attributable to the units of additional pension.

• (4) For units of additional pension, see section 14A.

Entitlement to more than one pension: sections 61ZA and 61ZB

61ZC

• (1) Section 43 does not prevent a person from being entitled for the same period to both—

• (a) a Category A retirement pension because of section 61ZA, and

• (b) one Category B retirement pension.

• (2) Section 43 does not prevent a person from being entitled for the same period to both—

• (a) a Category A retirement pension, and

• (b) one Category B retirement pension because of section 61ZB (or, if there is more than one such Category B retirement pension, the most favourable of them).

• (3) Accordingly—

• (a) in section 43(2)(a) the reference to “a Category A or a Category B retirement pension”, in a case in which subsection (1) or (2) of this section applies, includes “a Category A and a Category B retirement pension”,

• (b) in sections 43(3)(a) and (aa), 51A and 52 “Category A retirement pension” does not include a pension to which a person is entitled because of section 61ZA, and

• (c) in sections 43(3)(a) and 52 “Category B retirement pension” does not include a pension to which a person is entitled because of section 61ZB.

Contributions paid in error

61A

• (1) This section applies in the case of any individual if—

• (a) the individual has paid amounts by way of primary Class 1 contributions which, because the individual was not an employed earner, were paid in error, and

• (b) prescribed conditions are satisfied.

• (2) Regulations may, where—

• (a) this section applies in the case of any individual, and

• (b) the Inland Revenue are of the opinion that it is appropriate for the regulations to apply to the individual,

provide for entitlement to, and the amount of, additional pension to be determined as if the individual had been an employed earner and, accordingly, those contributions had been properly paid.

• (3) The reference in subsection (2) above to additional pension is to additional pension for the individual or the individual’s spouse or civil partner falling to be calculated under section 45 above for the purposes of—

• (a) Category A retirement pension,

• (b) Category B retirement pension for widows, widowers or surviving civil partners (payable by virtue of section 48B or 48BB above),

• (c) widowed mother’s allowance and widow’s pension, and

• (ca) widowed parent’s allowance, and

• (d) incapacity benefit (except in transitional cases).

• (4) Regulations may, where—

• (a) this section applies in the case of any individual, and

• (b) the Inland Revenue are of the opinion that it is appropriate for regulations made by virtue of section 4(8) of the Social Security (Incapacity for Work) Act 1994 (provision during transition from invalidity benefit to incapacity benefit for incapacity benefit to include the additional pension element of invalidity pension) to have the following effect in the case of the individual,

provide for the regulations made by virtue of that section to have effect as if, in relation to the provisions in force before the commencement of that section with respect to that additional pension element, the individual had been an employed earner and, accordingly, the contributions had been properly paid.

• (5) Where such provision made by regulations as is mentioned in subsection (2) or (4) above applies in respect of any individual, regulations under paragraph 8(1)(m) of Schedule 1 to this Act may not require the amounts paid by way of primary Class 1 contributions to be repaid.

• (6) Regulations may provide, where—

• (a) such provision made by regulations as is mentioned in subsection (2) or (4) above applies in respect of any individual,

• (b) prescribed conditions are satisfied, and

• (c) any amount calculated by reference to the contributions in question has been paid in respect of that individual by way of minimum contributions under section 43 of the Pension Schemes Act 1993 (contributions to personal pension schemes),

for that individual to be treated for the purposes of that Act as if that individual had been an employed earner and, accordingly, the amount had been properly paid.

Graduated retirement benefit

Graduated retirement benefit.

62

• (1) So long as sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision—

• (a) for amending section 36(2) of the National Insurance Act 1965 (value of unit of graduated contributions) so that the value is the same for women as it is for men and for replacing section 36(4) of that Act (increase of graduated retirement benefit in cases of deferred retirement) with provisions corresponding to those of paragraphs A1 to 3B and 7C of Schedule 5 to this Act;

• (aa) for amending section 36(7) of that Act (persons to be treated as receiving nominal retirement pension) so that where a person has claimed a Category A or Category B retirement pension but—

• (i) because of an election under section 54(1) above, or

• (ii) because he has withdrawn his claim for the pension,

he is not entitled to such a pension, he is not to be treated for the purposes of the preceding provisions of that section as receiving such a pension at a nominal weekly rate;

• (ab) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and their late civil partners and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

• (ac) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to civil partners and their late civil partners who attain pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;

• (ad) for extending section 37 of that Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to—

• (i) men and their late husbands, and

• (ii) women and their late wives,

and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

• (ae) for extending section 37 of that Act (increase of woman's retirement pension by reference to her late husband's graduated retirement benefit) to—

• (i) men and their late husbands, and

• (ii) women and their late wives,

who attained pensionable age before 6th April 2010 and for that section (except subsection (5)) so to apply as it applies to men and their late wives;

• (b) for extending section 37 of that Act (increase of woman’s retirement pension by reference to her late husband’s graduated retirement benefit) to men and their late wives and for that section (except subsection (5)) so to apply as it applies to women and their late husbands;

• (c) for amending that section in order to make provisions corresponding to those of paragraphs 3C, 4(1) and (1A) and 7A to 7C of Schedule 5 to this Act enabling a widowed person or surviving civil partner to elect to receive a lump sum, rather than an increase in the weekly rate of retirement pension, in respect of the graduated retirement benefit of his or her deceased spouse or civil partner.

• (2) This section is without prejudice to any power to modify the said sections 36 and 37 conferred by Schedule 3 to the Consequential Provisions Act.

• (3) In relevant gender change cases, women and their late wives are to be treated for the purposes of sections 36 and 37 of the National Insurance Act 1965 in the same way as women and their late husbands.

• (4) For that purpose “relevant gender change case”, in relation to a woman (“the pensioner”) and her late wife, means a case where—

• (a) the late wife was, at the time of her death, a woman by virtue of a full gender recognition certificate having been issued under the Gender Recognition Act 2004, and

• (b) the marriage of the pensioner and her late wife subsisted before the time when the certificate was issued.

Part III — Non-Contributory Benefits

Descriptions of non-contributory benefits.

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Non-contributory benefits under this Part of this Act are of the following descriptions, namely—

• (a) attendance allowance;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) carer’s allowance...;

• (d) disability living allowance;

• (e) guardian’s allowance;

• (f) retirement pensions of the following categories—

• (i) Category C, payable in certain cases to a widow whose husband was over pensionable age on 5 July 1948 or to a woman whose marriage to a husband who was over pensionable age on that date was terminated otherwise than by his death (with increase for adult ... dependants), and

• (ii) Category D, payable to persons over the age of 80;

• (g) age addition payable, in the case of persons over the age of 80, by way of increase of a retirement pension of any category under this Act or of some other pension or allowance from the Secretary of State.

Attendance allowance

Entitlement.

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• (1) A person shall be entitled to an attendance allowance if he has attained pensionable age, he is not entitled to an allowance within subsection (1A) and he satisfies either—

• (a) the condition specified in subsection (2) below (“the day attendance condition”), or

• (b) the condition specified in subsection (3) below (“the night attendance condition”),

and prescribed conditions as to residence and presence in Great Britain.

• (1A) The following allowances are within this subsection—

• (a) personal independence payment;

• (aa) adult disability payment;

• (b) the care component of a disability living allowance.

• (c) pension age disability payment.

• (d) the care component of Scottish adult disability living allowance.

• (2) A person satisfies the day attendance condition if he is so severely disabled physically or mentally that, by day, he requires from another person either—

• (a) frequent attention throughout the day in connection with his bodily functions, or

• (b) continual supervision throughout the day in order to avoid substantial danger to himself or others.

• (3) A person satisfies the night attendance condition if he is so severely disabled physically or mentally that, at night,—

• (a) he requires from another person prolonged or repeated attention in connection with his bodily functions, or

• (b) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

• (4) Circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsections (2) and (3) above as may be prescribed.

Period and rate of allowance.

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• (1) Subject to the following provisions of this Act, the period for which a person is entitled to an attendance allowance shall be—

• (a) a period throughout which he has satisfied or is likely to satisfy the day or the night attendance condition or both; and

• (b) a period preceded immediately, or within such period as may be prescribed, by one of not less than 6 months throughout which he satisfied, or is likely to satisfy, one or both of those conditions.

• (2) For the purposes of subsection (1) above a person who suffers from renal failure and is undergoing such form of treatment as may be prescribed shall, in such circumstances as may be prescribed, be deemed to satisfy or to be likely to satisfy the day or the night attendance condition or both.

• (3) The weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in Schedule 4, Part III, paragraph 1, if both as regards that period and as regards the period of 6 months mentioned in subsection (1)(b) above he has satisfied or is likely to satisfy both the day and the night attendance conditions, and shall be the lower rate in any other case.

• (4) A person shall not be entitled to an attendance allowance for any period preceding the date on which he makes or is treated as making a claim for it.

• (5) Notwithstanding anything in subsection (4) above, provision may be made by regulations for a person to be entitled to an attendance allowance for a period preceding the date on which he makes or is treated as making a claim for it if such an allowance has previously been paid to or in respect of him.

• (6) Except in so far as regulations otherwise provide and subject to section 66(1) below—

• (a) a claim for an attendance allowance may be made during the period of 6 months immediately preceding the period for which the person to whom the claim relates is entitled to the allowance; and

• (b) an award may be made in pursuance of a claim so made, subject to the condition that, throughout that period of 6 months, that person satisfies—

• (i) both the day and the night attendance conditions, or

• (ii) if the award is at the lower rate, one of those conditions.

• (7) A person to whom either Regulation (EC) No 1408/71 or Regulation /(EC) No 883/2004 applies shall not be entitled to an attendance allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

Attendance allowance for the terminally ill.

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• (1) If a terminally ill person makes a claim expressly on the ground that he is such a person, then—

• (a) he shall be taken—

• (i) to satisfy, or to be likely to satisfy, both the day attendance condition and the night attendance condition for so much of the period for which he is terminally ill as does not fall before the date of the claim; and

• (ii) to have satisfied those conditions for the period of 6 months immediately preceding the date of the claim or, if later, the first date on which he is terminally ill (so however that no allowance shall be payable by virtue of this sub-paragraph for any period preceding that date); and

• (b) the period for which he is entitled to attendance allowance shall be so much of the period for which he is terminally ill as does not fall before the date of the claim.

• (2) For the purposes of subsection (1) above—

• (a) a person is “terminally ill” at any time if at that time he suffers from a progressive disease and his death in consequence of that disease can reasonably be expected within 12 months; and

• (b) where a person purports to make a claim for an attendance allowance by virtue of that subsection on behalf of another, that other shall be regarded as making the claim, notwithstanding that it is made without his knowledge or authority.

Exclusions by regulation.

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• (1) Regulations may provide that, in such circumstances, and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy the day attendance condition or the night attendance condition, or both of them.

• (2) Regulations may provide that an attendance allowance shall not be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

• (3) The reference in subsection (2) to a care home is to an establishment that provides accommodation together with nursing or personal care.

• (4) The following are qualifying services for the purposes of subsection (2)—

• (a) accommodation,

• (b) board, and

• (c) personal care.

• (5) The reference in subsection (2) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.

• (6) The power to specify an enactment for the purposes of subsection (2) includes power to specify it only in relation to its application for a particular purpose.

• (7) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

Severe disablement allowance

Entitlement and rate.

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Severe disablement allowance: age related addition.

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Carer’s allowance

Carer’s allowance.

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• (1) A person shall be entitled to a carer’s allowance for any day on which he is engaged in caring for a severely disabled person if—

• (a) he is regularly and substantially engaged in caring for that person;

• (b) he is not gainfully employed; and

• (c) the severely disabled person is either such relative of his as may be prescribed or a person of any such other description as may be prescribed.

• (1A) A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until—

• (a) the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or

• (b) the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),

whichever occurs first.

• (2) In this section, “severely disabled person” means a person in respect of whom there is payable either an attendance allowance or a disability living allowance by virtue of entitlement to the care component at the highest or middle rate or personal independence payment by virtue of entitlement to the daily living component at the standard or enhanced rate or armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 (S.I. 2011/517) or adult disability payment by virtue of entitlement to the daily living component at the standard or enhanced rate or child disability payment by virtue of entitlement to the care component at the middle or highest rate or Scottish adult disability living allowance by virtue of entitlement to the care component at the middle or highest rate or pension age disability payment or such other payment out of public funds on account of his need for attendance as may be prescribed.

• (3) A person shall not be entitled to an allowance under this section if he is under the age of 16 or receiving full-time education.

• (4) A person shall not be entitled to an allowance under this section unless he satisfies prescribed conditions as to residence or presence in Great Britain.

• (4A) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to an allowance under this section for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) No person shall be entitled for the same day to—

• (a) more than one allowance under this section; or

• (b) both an allowance under this section and carer support payment.

• (7ZA) Where, apart from this subsection, two or more persons would have a relevant entitlement for the same day in respect of the same severely disabled person, one of them only shall have that entitlement and that shall be such one of them—

• (a) as they may jointly elect in the prescribed manner; or

• (b) as may, in default of such an election, be determined by the Secretary of State in the Secretary of State’s discretion.

• (7ZB) Subsection (7ZC) applies where a person (A)—

• (a) (disregarding the effect of regulation 5(3) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023) has, or would have, an entitlement to carer support payment; or

• (b) has, or would have, an entitlement to carer’s allowance in respect of which the Scottish Ministers have the power to make decisions,

for a day in respect of a severely disabled person.

• (7ZC) Another person (B) shall not have a relevant entitlement for the same day in respect of the same severely disabled person unless—

• (a) A and B jointly elect in the prescribed manner that B shall have the relevant entitlement (and that A shall not have an entitlement mentioned in subsection (7ZB)) for that day in respect of that severely disabled person; or

• (b) in default of such an election, the Secretary of State is satisfied, following consultation with the Scottish Ministers, that—

• (i) the Scottish Ministers have decided, or will decide, that A shall not have an entitlement mentioned in subsection (7ZB); and

• (ii) B shall have the relevant entitlement,

for that day in respect of that severely disabled person.

• (7A) For the purposes of subsections (7ZA) and (7ZC) a person has a “relevant entitlement” if—

• (a) the person is entitled to a carer’s allowance in respect of which the Secretary of State has the power to make decisions , or

• (b) the person is entitled under section 12 of the Welfare Reform Act 2012 to the inclusion in an award of universal credit of an amount in respect of the fact that the person has regular and substantial caring responsibilities for a severely disabled person.

• (7B) In subsections (7) and (7ZB), “carer support payment” means carer’s assistance the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

• (8) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a severely disabled person, as gainfully employed or as receiving full-time education.

• (9) A carer’s allowance shall be payable at the weekly rate specified in Schedule 4, Part III, paragraph 4.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disability living allowance

Disability living allowance.

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• (1) Disability living allowance shall consist of a care component and a mobility component.

• (2) A person’s entitlement to a disability living allowance may be an entitlement to either component or to both of them.

• (3) A person may be awarded either component for a fixed period or for an indefinite period, but if his award of a disability living allowance consists of both components, he may not be awarded the components for different fixed periods.

• (4) The weekly rate of a person’s disability living allowance for a week for which he has only been awarded one component is the appropriate weekly rate for that component as determined in accordance with this Act or regulations under it.

• (5) The weekly rate of a person’s disability living allowance for a week for which he has been awarded both components is the aggregate of the appropriate weekly rates for the two components as so determined.

• (6) A person shall not be entitled to a disability living allowance unless he satisfies prescribed conditions as to residence and presence in Great Britain.

• (7) A person shall not be entitled to a disability living allowance while they are entitled to pension age disability payment, adult disability payment , Scottish adult disability living allowance or child disability payment.

The care component.

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• (1) Subject to the provisions of this Act, a person shall be entitled to the care component of a disability living allowance for any period throughout which—

• (a) he is so severely disabled physically or mentally that—

• (i) he requires in connection with his bodily functions attention from another person for a significant portion of the day (whether during a single period or a number of periods); or

• (ii) he cannot prepare a cooked main meal for himself if he has the ingredients; or

• (b) he is so severely disabled physically or mentally that, by day, he requires from another person—

• (i) frequent attention throughout the day in connection with his bodily functions; or

• (ii) continual supervision throughout the day in order to avoid substantial danger to himself or others; or

• (c) he is so severely disabled physically or mentally that, at night,—

• (i) he requires from another person prolonged or repeated attention in connection with his bodily functions; or

• (ii) in order to avoid substantial danger to himself or others he requires another person to be awake for a prolonged period or at frequent intervals for the purpose of watching over him.

• (1A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the following modifications—

• (a) the condition mentioned in subsection (1)(a)(ii) shall not apply, and

• (b) none of the other conditions mentioned in subsection (1) shall be taken to be satisfied unless—

• (i) he has requirements of a description mentioned in the condition substantially in excess of the normal requirements of persons of his age, or

• (ii) he has substantial requirements of such a description which younger persons in normal physical and mental health may also have but which persons of his age and in normal physical and mental health would not have.

• (2) Subject to the following provisions of this section, a person shall not be entitled to the care component of a disability living allowance unless—

• (a) throughout—

• (i) the period of 3 months immediately preceding the date on which the award of that component would begin; or

• (ii) such other period of 3 months as may be prescribed,

he has satisfied or is likely to satisfy one or other of the conditions mentioned in subsection (1)(a) to (c) above; and

• (b) he is likely to continue to satisfy one or other of those conditions throughout—

• (i) the period of 6 months beginning with that date; or

• (ii) (if his death is expected within the period of 6 months beginning with that date) the period so beginning and ending with his death.

• (2A) The modifications mentioned in subsection (1A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (2), but only—

• (a) in the case of a person who is under the age of 16 on the date on which the award of the care component would begin, and

• (b) in relation to so much of any period mentioned in subsection (2) as falls before the day on which he reaches the age of 16.

• (3) Three weekly rates of the care component shall be prescribed.

• (4) The weekly rate of the care component payable to a person for each week in the period for which he is awarded that component shall be—

• (a) the highest rate, if he falls within subsection (2) above by virtue of having satisfied or being likely to satisfy both the conditions mentioned in subsection (1)(b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (2) above and that mentioned in paragraph (b) of that subsection;

• (b) the middle rate, if he falls within that subsection by virtue of having satisfied or being likely to satisfy one or other of those conditions throughout both those periods; and

• (c) the lowest rate in any other case.

• (5) For the purposes of this section, a person who is terminally ill, as defined in section 66(2) above, and makes a claim expressly on the ground that he is such a person, shall (notwithstanding subsection (1A)(b)) be taken—

• (a) to have satisfied the conditions mentioned in subsection (1)(b) and (c) above for the period of 3 months immediately preceding the date of the claim, or, if later, the first date on which he is terminally ill (so however that the care component shall not be payable by virtue of this paragraph for any period preceding that date); and

• (b) to satisfy or to be likely to satisfy those conditions for for so much of the period for which he is terminally ill as does not fall before the date of the claim.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Subject to subsection (5) above, circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy such of the conditions mentioned in subsection (1)(a) to (c) above as may be prescribed.

• (7A) Subsection (1A) has effect subject to regulations made under subsection (7) (except as otherwise prescribed).

• (7B) A person to whom either Regulation (EC) No 1408/71 or Regulation (EC) No 883/2004 applies shall not be entitled to the care component of a disability living allowance for a period unless during that period the United Kingdom is competent for payment of sickness benefits in cash to the person for the purposes of Chapter 1 of Title III of the Regulation in question.

• (8) Regulations may provide that no amount in respect of a disability living allowance which is attributable to entitlement to the care component shall be payable in respect of a person for a period when he is a resident of a care home in circumstances in which any of the costs of any qualifying services provided for him are borne out of public or local funds under a specified enactment.

• (9) The reference in subsection (8) to a care home is to an establishment that provides accommodation together with nursing or personal care.

• (10) The following are qualifying services for the purposes of subsection (8)—

• (a) accommodation,

• (b) board, and

• (c) personal care.

• (11) The reference in subsection (8) to a specified enactment is to an enactment which is, or is of a description, specified for the purposes of that subsection by regulations.

• (12) The power to specify an enactment for the purposes of subsection (8) includes power to specify it only in relation to its application for a particular purpose.

• (13) In this section, “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.

The mobility component.

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• (1) Subject to the provisions of this Act, a person shall be entitled to the mobility component of a disability living allowance for any period in which he is over the relevant age and throughout which—

• (a) he is suffering from physical disablement such that he is either unable to walk or virtually unable to do so; or

• (ab) he falls within subsection (1AB) below; or

• (b) he does not fall within that subsection but does fall within subsection (2) below; or

• (c) he falls within subsection (3) below; or

• (d) he is able to walk but is so severely disabled physically or mentally that, disregarding any ability he may have to use routes which are familiar to him on his own, he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time.

• (1A) In subsection (1) above “the relevant age” means—

• (a) in relation to the conditions mentioned in paragraph (a), (ab), (b) or (c) of that subsection, the age of 3;

• (b) in relation to the conditions mentioned in paragraph (d) of that subsection, the age of 5.

• (1AB) A person falls within this subsection if—

• (a) he has such severe visual impairment as may be prescribed; and

• (b) he satisfies such other conditions as may be prescribed.

• (2) A person falls within this subsection if—

• (a) he is both blind and deaf; and

• (b) he satisfies such other conditions as may be prescribed.

• (3) A person falls within this subsection if—

• (a) he is severely mentally impaired; and

• (b) he displays severe behavioural problems; and

• (c) he satisfies both the conditions mentioned in section 72(1)(b) and (c) above.

• (4A) In its application to a person in relation to so much of a period as falls before the day on which he reaches the age of 16, subsection (1) has effect subject to the modification that the condition mentioned in paragraph (d) shall not be taken to be satisfied unless—

• (a) he requires substantially more guidance or supervision from another person than persons of his age in normal physical and mental health would require, or

• (b) persons of his age in normal physical and mental health would not require such guidance or supervision.

• (5) ... circumstances may be prescribed in which a person is to be taken to satisfy or not to satisfy a condition mentioned in subsection (1)(a) or (d) or subsection (2)(a) above.

• (5A) Subsection (4A) has effect subject to regulations made under subsection (5) (except as otherwise prescribed).

• (6) Regulations shall specify the cases which fall within subsection (3)(a) and (b) above.

• (7) A person who is to be taken for the purposes of section 72 above to satisfy or not to satisfy a condition mentioned in subsection (1)(b) or (c) of that section is to be taken to satisfy or not to satisfy it for the purposes of subsection (3)(c) above.

• (8) A person shall not be entitled to the mobility component for a period unless during most of that period his condition will be such as permits him from time to time to benefit from enhanced facilities for locomotion.

• (9) A person shall not be entitled to the mobility component of a disability living allowance unless—

• (a) throughout—

• (i) the period of 3 months immediately preceding the date on which the award of that component would begin; or

• (ii) such other period of 3 months as may be prescribed,

he has satisfied or is likely to satisfy one or other of the conditions mentioned in subsection (1)(a) to (d) above; and

• (b) he is likely to continue to satisfy one or other of those conditions throughout—

• (i) the period of 6 months beginning with that date; or

• (ii) (if his death is expected within the period of 6 months beginning with that date) the period so beginning and ending with his death.

• (9A) The modifications mentioned in subsection (4A) shall have effect in relation to the application of subsection (1) for the purposes of subsection (9), but only—

• (a) in the case of a person who is under the age of 16 on the date on which the award of the mobility component would begin, and

• (b) in relation to so much of any period mentioned in subsection (9) as falls before the day on which he reaches the age of 16.

• (10) Two weekly rates of the mobility component shall be prescribed.

• (11) The weekly rate of the mobility component payable to a person for each week in the period for which he is awarded that component shall be—

• (a) the higher rate, if he falls within subsection (9) above by virtue of having satisfied or being likely to satisfy one or other of the conditions mentioned in subsection (1)(a), (ab), (b) and (c) above throughout both the period mentioned in paragraph (a) of subsection (9) above and that mentioned in paragraph (b) of that subsection; and

• (b) the lower rate in any other case.

• (12) For the purposes of this section in its application to a person who is terminally ill, as defined in section 66(2) above, and who makes a claim expressly on the ground that he is such a person—

• (a) subsection (9)(a) above shall be omitted; and

• (b) subsection (11)(a) above shall have effect as if for the words from “both" to “subsection", in the fourth place where it occurs, there were substituted the words “ the period mentioned in subsection (9)(b) above ”.

• (13) Regulations may prescribe cases in which a person who has the use—

• (a) of an invalid carriage or other vehicle provided by the Welsh Ministers under paragraph 9 of Schedule 1 to the National Health Service (Wales) Act 2006, or the Secretary of State under paragraph 9 of Schedule 1 to the National Health Service Act 2006 or under section 46 of the National Health Service (Scotland) Act 1978 or provided under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972; or

• (b) of any prescribed description of appliance supplied under the enactments relating to the National Health Service being such an appliance as is primarily designed to afford a means of personal and independent locomotion out of doors,

is not to be paid any amount attributable to entitlement to the mobility component or is to be paid disability living allowance at a reduced rate in so far as it is attributable to that component.

• (14) A payment to or in respect of any person which is attributable to his entitlement to the mobility component, and the right to receive such a payment, shall (except in prescribed circumstances and for prescribed purposes) be disregarded in applying any enactment or instrument under which regard is to be had to a person’s means.

Mobility component for certain persons eligible for invalid carriages.

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• (1) Regulations may provide for the issue, variation and cancellation of certificates in respect of prescribed categories of persons to whom this section applies; and a person in respect of whom such a certificate is issued shall, during any period while the certificate is in force, be deemed for the purposes of section 73 above to satisfy the condition mentioned in subsection (1)(a) of that section and to fall within paragraphs (a) and (b) of subsection (9) by virtue of having satisfied or being likely to satisfy that condition throughout both the periods mentioned in those paragraphs.

• (2) This section applies to any person whom the Secretary of State considers—

• (a) was on 1st January 1976 in possession of an invalid carriage or other vehicle provided in pursuance of section 33 of the Health Services and Public Health Act 1968 (which related to vehicles for persons suffering from physical defect or disability) or receiving payments in pursuance of subsection (3) of that section; or

• (b) had at that date, or at a later date specified by the Secretary of State, made an application which the Secretary of State approved for such a carriage or vehicle or for such payments; or

• (c) was, both at some time during a prescribed period before that date and at some time during a prescribed period after that date, in possession of such a carriage or vehicle or receiving such payments; or

• (d) would have been, by virtue of any of the preceding paragraphs, a person to whom this section applies but for some error or delay for which in the opinion of the Secretary of State the person was not responsible and which was brought to the attention of the Secretary of State within the period of one year beginning with 30th March 1977 (the date of the passing of the Social Security (Miscellaneous Provisions) Act 1977, section 13 of which made provision corresponding to the provision made by this section).

Persons who have attained pensionable age

75

• (1) Except to the extent to which regulations provide otherwise, no person shall be entitled to either component of a disability living allowance for any period after he attains pensionable age otherwise than by virtue of an award made before he attains that age.

• (2) Regulations may provide in relation to persons who are entitled to a component of a disability living allowance by virtue of subsection (1) above that any provision of this Act which relates to disability living allowance, other than section 74 above, so far as it so relates, and any provision of the Administration Act which is relevant to disability living allowance—

• (a) shall have effect subject to modifications, additions or amendments; or

• (b) shall not have effect.

Disability living allowance - supplementary.

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• (1) Subject to subsection (2) below, a person shall not be entitled to a disability living allowance for any period preceding the date on which a claim for it is made or treated as made by him or on his behalf.

• (2) Notwithstanding anything in subsection (1) above, provision may be made by regulations for a person to be entitled to a component of a disability living allowance for a period preceding the date on which a claim for such an allowance is made or treated as made by him or on his behalf if he has previously been entitled to that component.

• (3) For the purposes of sections 72(5) and 73(12) above where—

• (a) a person purports to make a claim for a disability living allowance on behalf of another; and

• (b) the claim is made expressly on the ground that the person on whose behalf it purports to be made is terminally ill,