Social Security Benefits Act 1975
| Year | 1975 |
Social Security BenefitsAct 1975
1975 CHAPTER 11
An Act to make further provision with respect to basic scheme benefits and benefits in respect of industrial injuries and diseases; to increase family allowances and amend section 8 of the Family Allowances Act 1965, to amend Parts I and III of Schedule 2 to the Supplementary Benefit Act 1966; and for purposes connected with those matters.
[13th 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:—
Basic scheme and industrial injury benefits
1 Rates of basic scheme benefits.
(1) In the Social Security Act 1973 for Part I of Schedule 4 (weekly rates of basic scheme benefits) there shall be substituted the provisions set out in Part I of Schedule 1 to this Act and for Part III of Schedule 4 (weekly rates of increases for dependants) there shall be substituted the provisions set out in Part II of Schedule 1 to this Act.
(2) In consequence of the amendments made by subsection (1) above in Part III of Schedule 4 to the said Act of 1973, that Act shall be further amended as follows—
(a ) in section 31, in subsections (1) and (4) for the words ‘column (2), (3) or (4)’ there shall be substituted the words ‘column (2) or (3)’, and in subsection (5) for the words ‘column (3) or (4)’ there shall be substituted the words ‘column (3)’;
(b ) in section 32(4)(a )(ii) for the words ‘either of the rates’ there shall be substituted the words ‘the rate’;
(c ) in sections 34(1) and (2) and 35(1), (3) and (6) for the words ‘column (5)’ there shall be substituted the words ‘column (4)’.
(3) In the following provisions of the said Act of 1973, that is to say—
(a ) section 26(1) (reduction of Category A or B retirement pension where beneficiary is under five years over pensionable age and his earnings for the preceding week exceeded 9.50); and
(b ) section 35(2) of that Act (reduction of increase of Category A or C retirement pension or invalidity pension where beneficiary is residing with his wife and her earnings for the preceding week exceeded 9.50);
for ‘9.50’ there shall be substituted ‘20’ and at the end there shall be inserted—
‘With effect from such day as may be prescribed in the week containing 6th April in a year mentioned in the first column below, this subsection shall have effect with the substitution for ‘20’ of the amount specified in relation to that year in the second column below—
| 1976 | 35 |
| 1977 | 50.’ |
(4) In paragraphs (a ) and (b ) of the said section 35(2) (reduction to be 5p for each 10p of so much of the excess earnings as is less than 2 and 5p for each 5p of any further excess) for ‘2.00’ wherever it occurs there shall be substituted ‘4.00’.
2 Rates of benefit in respect of industrial injuries and diseases.
(1) In the National Insurance (Industrial Injuries) Act 1965 for the provisions of Schedule 3 (weekly rate or amount of benefit) there shall be substituted the provisions set out in Schedule 2 to this Act.
(2) In section 18(3A) of the said Act of 1965 (reduction of increase of disablement pension where beneficiary is residing with his wife and her earnings for the preceding week exceeded 13) for ‘13’ there shall be substituted ‘20’ and at the end there shall be inserted—
(2)‘With effect from such day as may be prescribed in the week containing 6th April in a year mentioned in the first column below, this subsection shall have effect with the substitution for ‘20’ of the amount specified in relation to that year in the second column below—
| 1976 | 35 |
| 1977 | 50.’ |
(3) In section 19(3) of the said Act of 1965 (higher permanent rate of widow's pension), in paragraph (a ) after the words ‘is entitled’ there shall be inserted the words ‘(or is treated by regulations as entitled)’ and paragraph (d ) shall be omitted.
(4) In section 21 of the said Act of 1965 (children of deceased's family), in subsection (1) for the words ‘paragraph 11(a )’ there shall be substituted the words ‘paragraph 11’ and for subsection (2) there shall be substituted—
(2) The higher rate specified in paragraph 11(a ) of that Schedule shall apply where the person to whom the allowance is payable is the widow of the deceased or such other person as may be prescribed and the widow is entitled to death benefit (other than a gratuity) under section 19 of this Act; and the lower rate specified in paragraph 11(b ) of that Schedule shall apply in any other case.’
(5) In the following provisions of the Industrial Injuries and Diseases (Old Cases) Act 1967 , that is to say—
(a ) section 2(6)(c ) (maximum weekly rate of a lesser incapacity allowance supplementing workmen's compensation); and
(b ) section 7(2)(b ) (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
for ‘6.05’ there shall be substituted ‘7.00’.
3 Power to increase rates of benefit.
(1) The Secretary of State may by order increase any of the sums specified in—
(a ) Parts I and III of Schedule 4 to the Social Security Act 1973 (weekly rates of basic scheme benefits);
(b ) Part II of that Schedule (amounts of basic scheme grants);
(c ) Schedule 3 to the National Insurance (Industrial Injuries) Act 1965 and sections 2(6)(c ) and 7(2)(b ) of the Industrial Injuries and Diseases (Old Cases) Act 1967 (rates, maximum rates and amounts of benefit in respect of industrial injuries and diseases);
(d ) sections 26(1) and 35(2) of the said Act of 1973, paragraph 3(1)(a )(i) and (ii) of Schedule 6 to that Act and section 18(3A) of the said Act of 1965 (calculation of benefit in particular cases).
(2) No order shall be made under this section unless a draft of it has been laid before and approved by resolution of each House of Parliament.
(3) The Secretary of State shall lay with any draft order under this section a copy of a report by the Government Actuary giving the latter's opinion on the likely effect on the National Insurance Fund of the making of the order.
(4) The provisions of this section and section 4 below replace section 39 of the said Act of 1973 (annual reviews) and references to that section in any enactment shall be construed as references to those provisions.
4 Duty to increase rates of certain benefits.
(1) The Secretary of State shall in the year 1975-76 and each subsequent year review the sums specified in the provisions mentioned in section 3(1)(a ) and (c ) above (except the sum specified for age addition) for the purpose of determining whether they have retained their value in relation to the general level of earnings or prices obtaining in Great Britain.
(2) For the purposes of any such review the Secretary of State shall estimate the general level of earnings and prices in such manner as he thinks fit and shall have regard either to earnings or prices according to which he considers more advantageous to beneficiaries, except that he shall have regard only to prices as respects the sums specified in—
(a ) paragraphs 1 and 5 of Part I, and paragraphs 1(a ) and 3 of Part III, of Schedule 4 to the Social Security Act 1973 (unemployment and sickness benefit and maternity allowance); and
(b ) paragraphs 1, 7, 8 and 11(b ) of Schedule 3 to the National Insurance (Industrial Injuries) Act 1965 (injury benefit and lower rate allowance in respect of deceased's children).
(3) If on any such review the Secretary of State concludes that any of the sums in question have not retained their value as aforesaid he shall prepare and lay before each House of Parliament the draft of an order under section 3 above increasing those sums at least to such extent as he thinks necessary to restore their value; and if on any such review the Secretary of State determines that he is not required to prepare and lay the draft of an order as aforesaid he shall instead lay before each House of Parliament a report explaining his reasons for arriving at that determination.
(4) Subsection (3) above shall not require the Secretary of State to provide for an increase in any case in which it appears to him that the amount of the increase would be inconsiderable; and the Secretary of State may, in providing for any increase in pursuance of that subsection, adjust the amount of the increase so as to secure that the sums specified for any particular benefits continue to differ from each other by the same amount or so as to round any sum up or down to such extent as he thinks appropriate having regard to the nature and the rate or amount of the benefit in question.
(5) A draft order prepared under subsection (3) above shall be framed so as to bring the increase of any sum to which it relates into force not later than the expiration of the period of twelve months beginning with the date on which the provision fixing the current amount of that sum came into force; but if since that date there have been laid before Parliament under that subsection one or more reports, or one or more draft orders not increasing that sum, that period shall be extended by a further twelve months for each such report or draft order.
(6) The Secretary of State shall lay with any report under subsection (3) above a copy of a report by the Government Actuary giving the latter's opinion on the likely effect on the National Insurance Fund of the Secretary of State's determination that no order...
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