National Insurance Act 1972

JurisdictionUK Non-devolved
Citation1972 c. 57


National Insurance Act 1972

1972 CHAPTER 57

An Act to amend the provisions of the National Insurance Act 1965, the National Insurance (Industrial Injuries) Act 1965 and the Industrial Injuries and Diseases (Old Cases) Act 1967 as to the rate or amount of benefit and contributions; to alter the conditions for payment of attendance allowance and unemployability supplement; to modify certain provisions as to the determination of claims and questions under those Acts, and to make other administrative and financial adjustments; to make parallel provision for Northern Ireland; and for purposes connected with those matters.

[9th August 1972]

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:—

S-1 Weekly rates of benefits under National Insurance Act 1965 and Acts construed therewith.

1 Weekly rates of benefits under National Insurance Act 1965 and Acts construed therewith.

(1) In the National Insurance Act 1965 , in Schedule 3, there shall be substituted the provisions set out in Schedule 1 to this Act for those set out in Schedule 2 to the National Insurance Act 1971 .

(2) Unemployment or sickness benefit under section 19(2) of the National Insurance Act 1965 shall be payable—

(a ) at the higher rate specified in Part I of Schedule 3 to that Act (as from time to time amended)—

(i) in the case of any person over the age of 18, other than a married woman; and

(ii)in the case of a person under the age of 18, other than a married woman, during any period during which that person is entitled to an increase of benefit in respect of a child or adult dependant; and

(iii) in the case of a married woman during any period falling within subsection (3) below;

(b ) at the middle rate so specified—

(i) in the case of a married woman over the age of 18 during any period not falling within subsection (3) below; and

(ii) in the case of a married woman under the age of 18 during any period not falling within that subsection during which she is entitled to an increase of benefit in respect of a child or adult dependant;

(c ) at the lower rate so specified in the case of any person under the age of 18 during any period during which the benefit is not payable at the higher rate or at the middle rate by virtue of paragraph (a )(ii) or (iii) or (b )(ii) above.

(3) The periods during which unemployment or sickness benefit under section 19(2) of the National Insurance Act 1965 is payable to a married woman at the higher rate are—

(a ) any period during which she is entitled to an increase of benefit in respect of her husband; and

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

(c ) any period during which she is not residing with her husband, nor is he contributing to her maintenance at a weekly rate not less than the difference between the higher rate and the middle rate of the benefit, and during which, if she is under the age of 18, she is entitled to an increase of benefit in respect of a child or adult dependant.

In this subsection ‘unemployability supplement or allowance’ means an unemployability supplement payable under section 13 of the National Insurance (Industrial Injuries) Act 1965 and any corresponding allowance payable by virtue of section 7(3)(a ) of the Industrial Injuries and Diseases (Old Cases) Act 1967 , or payable by way of increase of any retired pay or pension exempt from income tax under section 365(1) of the Income and Corporation Taxes Act 1970 , or payable under the Personal Injuries (Emergency Provisions) Act 1939 .

(4) An invalidity allowance under section 3(5) of the National Insurance Act 1971 shall be payable—

(a ) at the higher rate specified in Part I of Schedule 3 to the National Insurance Act 1965 (as from time to time amended) if on the qualifying date the beneficiary was under the age of thirty-five, or if that date fell before 5th July 1948;

(b ) at the middle rate so specified if paragraph (a ) above does not apply and on the qualifying date the beneficiary was under the age of forty-five;

(c ) at the lower rate so specified if paragraphs (a ) and (b )above do not apply, and on the qualifying date the beneficiary was a man under the age of sixty or a woman under the age of fifty-five;

and in section 3(6) of the National Insurance Act 1971 (increase, in certain cases, of retirement pension by reference to pensioner's previous entitlement to invalidity allowance) the reference to the weekly rate of the invalidity allowance to which the pensioner was entitled on the day there mentioned shall be taken, whether that day was or was not before the day this subsection comes into force, as a reference to the rate which is from time to time the higher, middle or lower rate of invalidity allowance according to the one then applicable in his case in accordance with the terms of paragraphs (a ) to (c ) above.

(5) In section 2(4) and in section 4(1) of the National Insurance Act 1966 , in the words inserted by the amendments made by section 6 of the National Insurance Act 1971 (under which certain earnings-related benefits may include an amount equal to 15 per cent. of the amount, up to 12, by which the relevant earnings exceeded 30) for the words ‘12’ there shall be substituted, for cases where the tax year there referred to is later than the year 1972-73, the words ‘18’.

S-2 Attendance allowance.

2 Attendance allowance.

(1) Subject to the provisions of the National Insurance Act 1965 , of the National Insurance Act 1970 and of this section, a person shall be entitled to an attendance allowance if he satisfies prescribed conditions as to residence or presence in Great Britain and either—

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

(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

(b ) he is so severely disabled physically or mentally that, at night, he requires from another person either—

(i) prolonged or repeated attention during the night in connection with his bodily functions; or

(ii) continual supervision throughout the night in order to avoid substantial danger to himself or others.

(2) Subject to the following provisions of this section, the period for which attendance allowance is payable to any person shall be that specified in a certificate issued in respect of him by the Attendance Allowance Board as being—

(a ) a period throughout which he has satisfied or is likely to satisfy the condition mentioned in subsection (1)(a )above or that mentioned in subsection (1)(b ), or both; and

(b ) one immediately preceded by a period of not less than six months throughout which he satisfied or is likely to satisfy one or both of those conditions;

and the weekly rate of the attendance allowance payable to a person for any period shall be the higher rate specified in Part I of Schedule 3 to the National Insurance Act 1965 (as from time to time amended) if the certificate states both as regards that period and as regards the preceding six months that he has satisfied or is likely to satisfy both those conditions, and shall be the lower rate so specified if the certificate does not so state.

(3) An attendance allowance shall not be payable to a person for any period preceding the date on which he makes a claim for it; but, except in so far as regulations otherwise provide,—

(a ) a claim for an attendance allowance may be made during the period of six months mentioned in subsection (2b ) above, and an award may be made in pursuance of the claim subject to the condition that throughout that period the person to whom the claim relates satisfies the conditions there mentioned or, if the award is at the lower rate, one of those conditions; and

(b ) an award so made may be reviewed if at any time it is found that during the period of the award or the interval between the making of the award and the beginning of that period the conditions so mentioned were at some time not both satisfied or, in the case of an award at the lower rate, were at some time not either of them satisfied.

(4) Regulations may provide that subsections (1) to (3) of this section, and any provision of the National Insurance Act 1970 (as amended by this section) so far as the provision relates to any of those subsections, shall have effect in relation to any severely disabled person who is under the age of sixteen subject to such modifications as may be prescribed; but nothing in this subsection authorises any increase in the rate of an attendance allowance.

(5) Regulations may provide that an attendance allowance shall not be payable in respect of a person for any period when he is a person for whom accommodation is provided in pursuance of Part III of the National Assistance Act 1948 , section 12 of the Health Services and Public Health Act 1968 or Part IV of the Social Work (Scotland) Act 1968 or, in circumstances in which the cost is or may be borne wholly or partly out of public or local funds, in pursuance of any other enactment relating to persons under disability or young persons or to education or training.

(6) In the National Insurance Act 1970, the references in section 5(1)(a ) and (b ) to that Act shall include this Act and any other enactment relating to national insurance, the reference in section 6(2) to paragraph (a ) or paragraph (b ) of section 4(2) of that Act shall have effect as a reference to paragraph (a )or paragraph (b ) of subsection (1) of this section and the reference in...

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