Social Security Act 1988

JurisdictionUK Non-devolved
Citation1988 c. 7


Social Security Act 1988

1988 CHAPTER 7

An Act to amend the law relating to social security and to make fresh provision in relation to welfare foods and for the remission of charges for services provided under the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 and the payment of travelling and overnight expenses for the purpose of persons availing themselves of services provided under those Acts; and for connected purposes.

[15th March 1988]

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:—

Attendance allowance

Attendance allowance

S-1 Attendance allowance.

1 Attendance allowance.

(1) The following paragraph shall be substituted for section 35(1)(b) of the Social Security Act 1975—

‘(b) 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.’

(2) Section 35 of the Social Security Act 1975 shall have effect as amended by subsection (1) above only for the purposes—

(a) of any determination by the Attendance Allowance Board or a delegate appointed under paragraph 5 of Schedule 11 to that Act following a claim made after the passing of this Act;

(b) of any review by the Board or by such a delegate following an application made after the passing of this Act;

(c) of any review by the Board or by such a delegate under section 106(1)(a) or (bb) of the Social Security Act 1975 following a decision to conduct such a review made after the passing of this Act; and

(d) of any issue, revocation or alteration of a certificate relating to attendance allowance which takes place following a determination, review or appeal such as is mentioned in paragraph (a), (b) or (c) above.

Industrial injuries

Industrial injuries

S-2 Introduction of retirement allowance and other provisions relating to industrial injuries benefit.

2 Introduction of retirement allowance and other provisions relating to industrial injuries benefit.

(1) The following section shall be inserted after section 59A of the Social Security Act 1975—

S-59B

59B ‘Retirement allowance.

(1) Subject to the provisions of this Part of this Act, a person who—

(a) has attained pensionable age; and

(b) retires, or is deemed under section 27(5) above to have retired, from regular employment on or after the date on which this section comes into force; and

(c) was entitled to reduced earnings allowance (by virtue either of one award or of a number of awards) on the day immediately before he retired or is deemed to have retired,

shall cease to be entitled to reduced earnings allowance as from the day on which he retires or is deemed to have retired and may be entitled to it again only if he makes an election in accordance with regulations under section 30(3) above.

(2) If the day before a person ceases under subsection (1) above to be entitled to reduced earnings allowance he is entitled to the allowance (by virtue either of one award or of a number of awards) at a weekly rate or aggregate weekly rate of not less than 2.00, he shall be entitled to a benefit, to be known as ‘retirement allowance’.

(3) Unless he makes an election in accordance with regulations under section 30(3) above, retirement allowance shall be payable to him (subject to any enactment contained in Chapter VI of this Part of this Act and to any regulations made under any such enactment) for life.

(4) If he makes such an election, his entitlement to retirement allowance shall cease on the day on which the election takes effect.

(5) Subject to subsection (6) below, the weekly rate of a beneficiary's retirement allowance shall be—

(a) 25 per cent. of the weekly rate of reduced earnings allowance to which he was entitled the day before he ceased to be entitled to that allowance; or

(b) 10 per cent. of the maximum rate of a disablement pension,

whichever is the less.

(6) If the weekly rate of the beneficiary's retirement allowance—

(a) would not be a whole number of pence; and

(b) would exceed the whole number of pence next below it by

1
2
p or more,

the beneficiary shall be entitled to retirement allowance at a rate equal to the next higher whole number of pence.’

(2) In section 63 of the Social Security Act 1986 (annual up-rating of benefit)—

(a) the following paragraph shall be inserted after subsection (1)(e)—

‘(ee) falling to be calculated under section 59B(5) of that Act;’; and

(b) in subsection (3)(b), for the words ‘or (d)’ there shall be substituted the words ‘, (d) or (ee)’.

(3) Section 59A(8) of the Social Security Act 1975 shall be modified in the case of a person who retired from regular employment before 6th April 1987 by the substitution for ‘140 per cent.’ of ‘100 per cent.’.

(4) A person who—

(a) on 10th April 1988; or

(b) on the day before subsection (1) above comes into force,

satisfies the conditions—

(i) that he has attained pensionable age;

(ii) that he has retired from regular employment; and

(iii) that he is entitled to reduced earnings allowance,

shall be entitled to that allowance for life.

(5) In the case of any beneficiary who is entitled to reduced earnings allowance by virtue of subsection (4) above, the allowance shall be payable, subject to any enactment contained in Chapter VI of Part II of the Social Security Act 1975 and to any regulations made under any such enactment, at the weekly rate at which it was payable to the beneficiary on the relevant date or would have been payable to him on that date but for any such enactment or regulations.

(6) For a beneficiary who is entitled to reduced earnings allowance by virtue of subsection (4)(a) above the relevant date is 10th April 1988.

(7) For a beneficiary who is entitled to it by virtue of subsection (4)(b) above the relevant date is the day before subsection (1) above came into force.

(8) After subsection (1) above comes into force no person over pensionable age and retired from regular employment shall be entitled to reduced earnings allowance otherwise than under subsection (4) above.

(9) References in subsections (3), (4) and (8) above to a person who has retired from regular employment include references—

(a) to a person who under subsection (3) of section 27 of the Social Security Act 1975 is treated for the purposes of that Act as having retired from regular employment; and

(b) to a person who under subsection (5) of that section is deemed for those purposes to have retired from it.

(10) Schedule 1 to this Act shall have effect in relation to industrial death benefit.

Family credit

Family credit

S-3 Family credit.

3 Family credit.

3. In section 20 of the Social Security Act 1986—

(a)the following subsection shall be inserted after subsection (5)—

(5A) In subsection (5) above ‘the applicable amount’ means the applicable amount at such date as may be prescribed,’; and

(b) in subsection (6) the words ‘, beginning with the week in which a claim for it is made or is treated as made’ shall cease to have effect.

Young persons

Young persons

S-4 Income support and child benefit.

4 Income support and child benefit.

(1) In paragraph (a) of subsection (3) of section 20 of the Social Security Act 1986 (by virtue of which a person in Great Britain is entitled to income support if he is of or over the age of 16) for ‘16’ there shall be substituted ‘18 or, in prescribed circumstances and for a prescribed period, of or over the age of 16 or he is a person to whom subsection (4A) below applies;’,

(2) The following subsections shall be inserted after subsection (4) of that section—

(4A) If it appears to the Secretary of State—

(a) that a person of or over the age of 16 but under the age of 18 is not entitled to income support; and

(b) that severe hardship will result to that person unless income support is paid to him,

the Secretary of State may direct that this subsection shall apply to him.

(4B) Any such direction may specify a period for which subsection (4A) above is to apply to the person to whom the direction relates.

(4C) The person to whom such a direction relates shall be treated in accordance with it, but if at any time it appears to the Secretary of State that there has been a change of circumstances as a result of which failure to receive income support need no longer result in severe hardship to him, he may revoke the direction.

(4D) The Secretary of State may also revoke the direction if—

(a) he is satisfied that it was given in ignorance of some material fact or was based on a mistake as to some material fact; and

(b) he considers that but for his ignorance or mistake he would not have determined that failure to receive income support would result in severe hardship.

(4E) Where—

(a) a direction under subsection (4A) above is revoked: and

(b) it is determined by an adjudication officer that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure a payment of income support has been made during the relevant period to the person to whom the direction related,

an adjudication officer may determine that the Secretary of State shall be entitled to...

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