Invalidity benefit—disqualifications etc.

59 Invalidity benefit— disqualifications etc

(1) Regulations may provide for disqualifying a person for receiving invalidity benefit for such period not exceeding 6 weeks as may be determined in accordance with Part II of the Administration Act if—

(a) he has become incapable of work through his own misconduct; or

(b) he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(2) Regulations may also provide for imposing, in the case of any prescribed category of persons—

(a) additional conditions with respect to the receipt of invalidity benefit; and

(b) restrictions on the rate and duration of invalidity benefit,

if, having regard to special circumstances, it appears to the Secretary of State necessary to do so for the purpose of preventing inequalities, or injustice to the general body of employed earners, or of earners generally, as the case may be.

(3) For the purposes of this section “week” means any period of 7 days.

Complete or partial failure to satisfy contribution conditions

60 Complete or partial failure to satisfy contribution conditions

(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,

(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 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 him,

those conditions shall be taken to be satisfied for the purposes of his widow’s entitlement to any of the benefits specified in subsection (3) below.

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

(a) a widow’s payment;

(b) a widowed mother’s allowance;

(c) a widow’s pension;

(d) a Category B retirement pension payable to a woman which is payable to her at the same rate as her widow’s pension or which falls within section 49(4) above.

(4) Subject to subsections (6) and (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 subsections (6) and (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) The amount prescribed by regulations under subsection (1) above for any increase of benefit in respect of a child shall, subject to subsection (7) below, be the same as if both of the relevant contribution conditions had been fully satisfied.

(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.

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

(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 which is so payable shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult 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—

(a) to unemployment benefit at a rate determined under section 25(5) above; or

(b) to sickness benefit at a rate determined under section 31(6) above; or

(c) to an invalidity pension under section 33 above at a rate determined under section 33(4) above,

and the retirement pension by reference to which the rate of the benefit or invalidity pension is determined—

(i) would have been payable only by virtue of section 60 above; and

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

the benefit or invalidity pension shall not be increased under section 47(1) above or under Part IV below on account of a child or an adult.

Graduated retirement benefit

62 Graduated retirement benefit

(1) So long as sections 36 and 37 of the [1965 c. 51.] National Insurance Act 1965 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the [1975 c. 18.] Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision—

(a) for replacing section 36(4) of the National Insurance Act 1965 (increase of graduated retirement benefit in cases of deferred retirement) with provisions corresponding to those of paragraphs 1 to 3 of Schedule 5 to this Act;

(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.

(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.