
PART I
1 

(1) These regulations may be cited as the 
Social Security (General Benefit) Regulations 1982
and shall come into operation 4th November 1982.
(2) In these regulations, unless the context
otherwise requires—
 “the Act”
means the Social Security
Act 1975;
 ...
 “the Child Benefit Act”
 means the 
Child Benefit Act 1975;
 “child benefit”
means benefit under Part
I of the Child Benefit Act;
 “determining authority” means, as the case may require, the Secretary of State,  the First-tier Tribunal or the Upper Tribunal;
 “entitled to child benefit”
 includes treated as so entitled;
 “industrial injuries benefit”
 means ... disablement benefit
and industrial death benefit payable under section
50 of the Act;
 “parent” has the meaning assigned to it by 
section 24(3) of the Child Benefit Act;
 “shared additional pension” means a shared additional pension under section 55A or 55AA  of the Social Security Contributions and Benefits Act 1992;
 “standard rate of increase”
 means the amount specified in 
Part IV or Part V of Schedule 4
to the Act as the amount of an increase of the benefit in question for an
adult dependant;
 “the Workmen's Compensation
Act” means the Workmen's Compensation
Acts 1925 to 1945, or the enactments repealed by the 
Workmen's Compensation Act 1925 or the enactments
repealed by the Workmen's Compensation
Act 1906;
and other expressions have the same meanings
as in the Act.
(3) Unless the context otherwise requires,
any reference in these regulations—
(a) to a numbered section is to the section
of the Act bearing that number;
(b) to a numbered regulation is a reference
to the regulation bearing that number in these regulations and any reference
in a regulation to a numbered paragraph is a reference to the paragraph of
that regulation bearing that number.
2 

(1) The following provisions
of this regulation shall have effect to except benefit from the operation
of section 82(5)(b)
of the Act which provides that (except where regulations otherwise provide)
a person shall be disqualified for receiving any benefit and an increase of
benefit shall not be payable in respect of any person as the beneficiary's
 spouse or civil partner, for any period during which that person is undergoing imprisonment
or detention in legal custody (hereinafter in this regulation referred to
as “the said provisions”).

(2) The said provisions shall not operate
to disqualify a person for receiving  incapacity benefit,
 attendance allowance, disability living allowance, widow's benefit,   widowed parent’s allowance, child's special allowance, maternity
allowance,  a shared additional pension, retirement pension of any category, age addition,  severe disablement allowance... disablement benefit,  reduced earnings allowance, retirement allowance   or industrial death
benefit or to make an increase of benefit not payable in respect of a person
as the beneficiary's  spouse or civil partner, for any period during which that person
is undergoing imprisonment or detention in legal custody in connection with
a charge brought or intended to be brought against him in criminal proceedings,
or pursuant to any sentence or order for detention made by a court in such
proceedings, unless, in relation to him, a penalty is imposed at the conclusion
of those proceedings or, in the case of default of payment of a sum adjudged
to be paid on conviction, a penalty is imposed in respect of such default.

(3) The said provisions shall not operate
to disqualify a person for receiving any benefit (not being a guardian's allowance
or death grant), or to make an increase of benefit not payable in respect
of a person as the beneficiary's  spouse or civil partner, for any period during which
that person  (“P”) is undergoing detention in legal custody after the conclusion
of criminal proceedings if it is a period during which  P is detained in a hospital or similar institution in Great Britain as a person suffering from mental disorder unless P satisfies either of the following conditions.
(a) he is detained or liable to be detained under section 45A of the Mental Health Act 1983 (hospital and limitation directions) or section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
(b) he is detained or liable to be detained under section 47 of the Mental Health Act 1983 (removal to hospital of persons serving sentences of imprisonment, etc.) or section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment for mental disorder).
(4) The first condition is that—
(a) P is being detained under section 45A or 47 of the Mental Health Act 1983 (power of higher courts to direct hospital admission; removal to hospital of persons serving sentences of imprisonment etc.); and
(b) in any case where there is in relation to P a release date within the meaning of section 50(3) of that Act, P is being detained on or before the day which the Secretary of State certifies to be that release date.
(4A) The second condition is that P is being detained under—
(a) section 59A of the Criminal Procedure (Scotland) Act 1995 (hospital direction); or
(b) section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (transfer of prisoners for treatment of mental disorder).
(5) The said provisions shall not operate
to disqualify a person for receiving a guardian's allowance or death grant.

(6) Subject to paragraph (7), the said provisions shall not operate to disqualify a person for receiving disablement benefit, other than any increase of that benefit, for any period during which he is undergoing imprisonment or detention in legal custody.
(7) The amount payable by virtue of the last
preceding paragraph by way of any disablement pension or pensions in respect
of any period, other than a period in respect of which that person is excepted
from disqualification by virtue of the provisions of 
paragraph (3) of this regulation, during which
that person is and has continuously been undergoing imprisonment or detention
in legal custody, shall not exceed the total amount payable by way of such
pension or all such pensions for a period of one year.
(8) For the purposes of this regulation—

(a) “court”
 means any court in the United Kingdom,
the Channel Islands or the Isle of Man or in any place to which the Colonial Prisoners Removal Act 1884
applies  or the Court Martial, or the Court Martial Appeal Court;
(b) “hospital
or similar institution” means 
any place (not being a prison, a detention centre, a Borstal institution,
a young offenders institution or a remand centre, and not being at or in any
such place) in which persons suffering from mental disorder are or may be
received for care or treatment;
(c) “penalty”
 means a sentence of imprisonment, Borstal
training or detention under 
section 53 of the Children and Young
Persons Act 1933 or under 1937 c. 37 section
57(3) of the Children and Young Persons (Scotland)
Act 1937 or under 
section 208(3) and 416(4)
of the Criminal Proceedings (Scotland) Act 1975
or an order for detention in a detention centre;
(d) in relation to a person who is liable
to be detained in Great Britain as a result of any order made under the Colonial Prisoners Removal Act 1884,
references to a prison shall be construed as including references to a prison
within the meaning of that Act;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) criminal proceedings against any person
shall be deemed to be concluded upon his being found insane in those proceedings
so that he cannot be tried or his trial cannot proceed.
(9) Where a person outside Great Britain
is undergoing imprisonment or detention in legal custody and, in similar circumstances
in Great Britain, he would have been excepted, by the operation of any of
the preceding paragraphs of this regulation, from disqualification under the
said provisions (referred to in paragraph (1)
) for receiving the benefit claimed, he shall
not be disqualified for receiving that benefit by reason only of his said
imprisonment or detention.
(10) Paragraph
(9) applies to increases of benefit not payable
under the said provisions as it applies to disqualification for receiving
benefit.
3 

(1) Subject to the following provisions of
this regulation, the payment to any person of any benefit—
(a) which is excepted from the operation
of section 82(5)(b)
of the Act by virtue of the provisions of regulation
2(2), (5) or 
(6) or by any of those paragraphs as applied
by regulation 2(9);
or
(b) which is payable otherwise than in respect
of a period during which he is undergoing imprisonment or detention in legal
custody;shall be suspended while that person is undergoing imprisonment
or detention in legal custody.
(2) Paragraph
(1) shall not operate to require the payment
of any benefit to be suspended while the beneficiary is liable to be detained
in a hospital or similar institution as defined in 
regulation 2(8)(b) during a period for which
in his case, benefit to which regulation 2(3)
 applies is or would be excepted from the operation
of the said section 82(5)
by virtue of the provision of regulation 2(3)
.
(3) A guardian's allowance or death grant,
or any benefit to which paragraph (1)(b)
applies may nevertheless be paid while the beneficiary is undergoing imprisonment
or detention in legal custody to any person appointed for the purpose by the
Secretary of State to receive and deal with any sums payable on behalf of
the beneficiary on account of that benefit, and the receipt of any person
so appointed shall be a good discharge to the Secretary of State and the National
Insurance Fund for any sum so paid.
(4) Where, by virtue of this regulation,
payment of benefit under Chapter IV
or V of Part II of the Act
is suspended for any period, the period of suspension shall not be taken into
account in calculating any period under the provisions of 
regulation 22 of the Social Security
(Claims and Payments) Regulations 1979 (extinguishment
of right to sums payable by way of benefit which are not obtained within the
prescribed time).
4 

(1) Where, under arrangements made by the
Secretary of State with the consent of the Treasury, payment by way of benefit
has been made pending determination of a claim for it without due proof of
the fulfilment of the relevant conditions or otherwise than in accordance
with the provisions of the Act and orders and regulations made under it, the
payment so made shall, for the purposes of those provisions, but subject to
the following provisions of this regulation, be deemed to be a payment of
benefit duly made.
(2) When a claim for benefit in connection
with which a payment has been made under arrangements such as are referred
to in paragraph (1)
above is determined by a determining authority—
(a) if that authority decides that nothing
was properly payable by way of the benefit in respect of which the payment
was made or that the amount properly payable by way of that benefit was less
than the amount of the payment, it may, if appropriate, direct that the whole
or part of the overpayment be treated as paid on account of benefit (whether
benefit under the Act or the 
Supplementary Benefits Act 1976) which is properly payable, but subject as aforesaid
shall require repayment of the overpayment; and
(b) if that authority decides that the amount
properly payable by way of the benefit in respect of which the payment was
made equals or exceeds the amount of that payment, it shall treat that payment
as paid on account of the benefit properly payable.
(3) Unless before a payment made under arrangements
such as are mentioned in paragraph (1)
above has been made to a person that person had been informed of the effect
of sub-paragraph (a) of paragraph (2)
above as it relates to repayment of an overpayment, repayment of an overpayment
shall not be required except where the determining authority is satisfied
that  he, or any person acting for him has, whether fraudulently or otherwise, misrepresented or failed to disclose any material fact and that the interim payment has been made in consequence of the misrepresentation or failure.
(4) An overpayment required to be repaid
under the provisions of this regulation shall, without prejudice to any other
method of recovery, be recoverable by deduction from any benefit then or thereafter
payable to the person by whom it is to be repaid or any persons entitled to
receive his benefit on his death.
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PART II
9 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5A) Where a person—
(a) has received a ... jobseeker’s allowance in respect of one or more days in one or more periods of entitlement to a jobseeker’s allowance; and
(b) is subsequently awarded a ... jobseeker’s allowance in respect of one or more days which fell before the days mentioned in sub-paragraph (a) (“the earlier period”); and
(c) in consequence of the award mentioned in sub-paragraph (b) the number of days on which a person was entitled to a ... jobseeker’s allowance exceeds the number of days specified for the purposes of section 5(1) of the Jobseekers Act 1995 (duration of a ... jobseeker’s allowance),
then any benefit which would, but for this provision, have become overpaid if the amount due under the subsequent award was paid shall be treated as having been paid in respect of the earlier period and the amount due to be paid under the subsequent award shall be reduced accordingly.
(5B) Where a person—
(a) has received a ... jobseeker’s allowance in respect of one or more days in one or more periods of entitlement to a jobseeker’s allowance;
(b) is subsequently awarded unemployment benefit in respect of one or more days that fell before 7th October 1996 or in the benefit week that includes 7th October 1996 (“the earlier period”); and
(c) in consequence of the award mentioned in sub-paragraph (b) the number of days on which a person was entitled to a ... jobseeker’s allowance exceeds the number of days specified for the purposes of section 5(1) of the Jobseekers Act 1995 (duration of a ... jobseeker’s allowance) or regulation 7(3) (claims for entitlement to a jobseeker’s allowance) of the Jobseeker’s Allowance (Transitional Provisions) Regulations 1995,
then any benefit which would, but for this provision, have become overpaid if the amount due under the subsequent award was paid shall be treated as having been paid in respect of the earlier period and the amount due under the subsequent award shall be reduced accordingly.
(5C) Where on appeal or review a decision is reversed or varied or revised and by reason thereof any sum on account of a ... jobseeker’s allowance is shown to have been paid to any person in respect of days for which he was not entitled to it, then, in determining for the purposes of section 5(1) of the Jobseekers Act 1995 whether that person has exhausted his right to that benefit and what is the last day for which he was entitled to it—
(a) any period for which such sum has been paid in pursuance of the original decision shall be treated as if it was a period for which that person was entitled to that benefit notwithstanding that that period is not a period of entitlement to a ... jobseeker’s allowance;
(b) where any sum has been so paid to such a person and that sum or any part thereof is recovered, then there shall be excluded for the purposes of the said determination under section 5(1) of the Jobseekers Act 1995 a number of days (to the nearest whole number) equal to the number to be obtained by dividing the amount recovered by one seventh (rounded to the nearest penny) of the weekly rate at which benefit was paid.
(5D) Paragraph (5C) shall not apply to a period for which there would have been entitlement to a ... jobseeker’s allowance but for a payment by the Secretary of State in accordance with section 182 of the Employment Rights Act 1996 (employee’s rights on insolvency of employer), in respect of a sum owed by that person’s former employer, where the Secretary of State, in calculating the payment, has made a deduction from that sum on account of any ... jobseeker’s allowance received.
(5E) In this regulation, “jobseeker’s allowance” means an allowance under the Jobseekers Act 1995 as amended by the provisions of Part 1 of Schedule 14 to the Welfare Reform Act 2012 that remove references to an income-based allowance, and a contribution-based allowance under the Jobseekers Act 1995 as that Act has effect apart from those provisions.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 

(1) Subject to 
paragraph (2), where a person of any class
mentioned in column (1) of Schedule 1
to these regulations would be entitled to the benefit set opposite that class
in column (2) of that Schedule but for the operation of any provision of the
Act disqualifying him for the receipt of that benefit, that person shall be
treated as if entitled to that benefit for the purpose of the provisions of
the Act set opposite thereto in column (3) of the said Schedule and of any
regulations made thereunder.
(2) For the purposes of determining whether
the condition contained in section 79(1)
of the Act (which makes a claim a condition of any person's right to any benefit)
is satisfied, a person who would be entitled to any benefit but for the operation
of any provision of the Act disqualifying him for the receipt of it, and who
ceases to be so disqualified within a period of 3 months from the commencement
of the disqualification, shall be treated as if entitled to it.
PART III
11 

(1) Schedule
8 to the Act (general principles relating to
the assessment of the extent of disablement) shall have effect subject to
the provisions of this regulation.
(2) When the extent
of disablement is being assessed for the purposes of gf
section 57, any disabilities which, though
resulting from the relevant loss of faculty, also result, or without the relevant
accident might have been expected to result, from a cause other than the relevant
accident (hereafter in this regulation referred to as 
“the other effective cause”) shall
only be taken into account subject to and in accordance with the following
provisions of this regulation.
(3) Subject to paragraphs (5A) and (5B) an assessment of the extent of disablement
made by reference to any disability to which 
paragraph (2) applies, in a case where the
other effective cause is a congenital defect or is an injury or disease received
or contracted before the relevant accident, shall take account of all such
disablement except to the extent to which the claimant would have been subject
thereto during the period taken into account by the assessment if the relevant
accident had not occurred.
(4) Subject to paragraphs (5A) and (5B) any assessment of the extent of disablement
made by reference to any disability to which 
paragraph (2) applies, in a case where the
other effective cause is an injury or disease received or contracted after
and not directly attributable to the relevant accident, shall take account
of all such disablement to the extent to which the claimant would have been
subject thereto during the period taken into account by the assessment if
that other effective cause had not arisen and where, in any such case, the
extent of disablement would be assessed at not less than 11 per cent if that
other effective cause had not arisen, the assessment shall also take account
of any disablement to which the claimant may be subject as a result of that
other effective cause except to the extent to which he would have been subject
thereto if the relevant accident had not occurred.
(5) Subject to paragraphs (5A) and (5B) any disablement to the extent to which
the claimant is subject thereto as a result both of an accident and a disease
or two or more accidents or diseases (as the case may be), being accidents
arising out and in the course of, or diseases due to the nature of, employed
earners' employment, shall only be taken into account in assessing the extent
of disablement resulting from one such accident or disease being the one which
occurred or developed last in point of time.
(5A) Where—
(a) a person has an award of industrial injuries disablement benefit in respect of the disease specified in paragraph D1 of Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (in this paragraph and in paragraph (5B) referred to as “disease D1”); and
(b) by virtue of either paragraph (3) or (4) that award takes account of disablement resulting from the effects of chronic bronchitis or emphysema, not being chronic bronchitis or emphysema prescribed in paragraph D12 of Part I of Schedule 1 to the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (in this paragraph and paragraph (5B) referred to as “disease D12”); and
(c) after the date on which the award referred to in sub-paragraph (a) of this paragraph was made the person becomes entitled to industrial injuries disablement benefit in respect of disease D12,
then, during any period when such disablement benefit is payable in respect of disease D12, paragraphs (3), (4) and (5) shall not apply to the assessment in respect of disease D1 for the purpose of assessing the extent of disablement resulting from disease D12.
(5B) Where—
(a) a person has an award of industrial injuries disablement benefit in respect of the disease D12; and
(b) by virtue of either paragraph (3) or (4) that award takes account of disablement resulting from the effects of pneumoconiosis, not being disease D1; and
(c) after the date on which the award referred to in sub-paragraph (a) of this paragraph was made the person becomes entitled to industrial injuries disablement benefit in respect of disease D1,
then, during any period when such disablement benefit is payable in respect of disease D1, paragraphs (3), (4) and (5) shall not apply to the assessment in respect of disease D12 for the purpose of assessing the extent of disablement resulting from disease D1.
(6) Where the sole injury which a claimant
suffers as a result of the relevant accident is one specified in 
column 1 of Schedule 2 to these regulations,
whether or not such injury incorporates one or more other injuries so specified,
the loss of faculty suffered by the claimant as a result of that injury shall
be treated for the purposes of section 57
of, and Schedule 8 to, the
Act as resulting in the degree of disablement set against such injury in 
column 2 of the said Schedule 2 subject to
such increase or reduction of that degree of disablement as may be reasonable
in the circumstances of the case where, having regard to the provisions of
the said Schedule 8
to the Act and to the foregoing paragraphs of this regulation, that degree
of disablement does not provide a reasonable assessment of the extent of disablement
resulting from the relevant loss of faculty.
(7) For the purposes of 
paragraph (6) where the relevant injury is
one so specified in the said column 1 against which there is set in the said
column 2 the degree of disablement of 100 per cent and the claimant suffers
some disablement to which he would have been subject whether or not the relevant
accident had occurred, no reduction of that degree of disablement shall be
required if  the Secretary of State or, as the case may be,  the First-tier Tribunal   is satisfied
that, in the circumstances of the case, 100 per cent is a reasonable assessment
of the extent of disablement from the relevant loss of faculty.
(8) For the purposes of assessing, in accordance
with the provisions of Schedule 8
to the Act, the extent of disablement resulting from the relevant injury in
any case which does not fall to be determined under 
paragraph (6) or (7),
 the Secretary of State or, as the case may be,  the First-tier Tribunal   may have such regard
as may be appropriate to the prescribed degrees of disablement set against
the injuries specified in the said Schedule 2.
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14 

(1) Where the extent of a claimant's disablement
is assessed at any of the degrees of disablement severally specified in 
column 1 of Schedule 3 to these regulations,
the amount of any disablement gratuity payable shall
(a) if the period taken into account by that
assessment is limited by reference to the claimant's life or is not less than
7 years, be the amount calculated as the percentage of the maximum disablement
gratuity (specified in paragraph 2 of Part V
of Schedule 4 to the Act) which is shown in 
column 2 of Schedule 3 to these regulations
as being appropriate to that degree of disablement;
(b) in any other case, be the amount calculated
as such a percentage of the maximum disablement gratuity as bears the same
proportion to the percentage shown in column
2 of Schedule 3 to these regulations as being
appropriate to that degree of disablement as the period taken into account
by the assessment bears to a period of 7 years, a fraction of 5 pence being,
for this purpose, treated as 5 pence.
(1A) Paragraph (1) applies in relation to cases where the claim for benefit was made before 1st October 1986
(2) For the purposes of this regulation,
whenever such maximum disablement gratuity is altered by virtue of the passing
of an Act or the making of an up-rating order, corresponding variations in
the scale of gratuities payable under this regulation shall be payable only
where the period taken into account by the assessment of the extent of disablement
in respect of which the gratuity is awarded begins on or after the date of
coming into operation of the provision altering the amount of the maximum
disablement gratuity.
15 
For the purpose of reducing the weekly rate of disablement pension
payable by virtue of section 62
to a person awarded a disablement gratuity wholly or partly in respect of
the same period, the weekly value of the gratuity shall be the weekly rate
of disablement pension which would be payable to that person in lieu thereof
in accordance with regulation 18(2)
if that regulation applied to his case.
16 

(1) For the purposes of section 58(3) (earnings level that does not disqualify for unemployability supplement) the prescribed amount of earnings in a year is determined as follows–
(a) multiply the National Minimum Wage by 16;
(b) where the amount determined by the calculation in sub-paragraph (a) would, but for this sub-paragraph, include an amount of–
(i) less than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest 50p, or
(ii) less than £1 but more than 50p, the amount determined under sub-paragraph (a) shall be rounded up to the nearest £1; and
(c) multiply the amount resulting from sub-paragraph (a) or (b) by 52.
(2) In this regulation “National Minimum Wage” means the rate of the national minimum wage specified in regulation 11 of the National Minimum Wage Regulations 1999 (rate of the national minimum wage).
17 

(1) For the purposes of 
 section 59A (reduced earnings allowance), when it is being determined whether a beneficiary has
at all times since the end of  the period of 90 days referred to in section 57(4)  been incapable of
following his regular occupation or employment of an equivalent standard which
is suitable in his case, and in determining that question only, the fact that
since the end of  that period of 90 days  such beneficiary had worked at
that occupation or any such employment (as the case may be)—
(a) for the purpose of rehabilitation or
training or of ascertaining whether he had recovered from the effects of the
relevant injury; or
(b) before obtaining surgical treatment for
the effects of the said injury;shall be disregarded in respect of the periods specified in the
next following paragraph.
(2) The periods during which the beneficiary
worked at his regular occupation or at employment of equivalent standard,
which shall be disregarded in accordance with the provision of the preceding
paragraph, shall be—
(a) in any case to which 
sub-paragraph (a) of that paragraph applies—

(i) any period during which he worked thereat
for any of the said purposes with the approval of the Secretary of State or
on the advice of a medical practitioner, and
(ii) any other period or periods during which
he worked thereat for any of the said purposes and which did not exceed six
months in the aggregate and
(b) in any case to which 
sub-paragraph (b) of that paragraph applies—

(i) any period during which he worked thereat
and throughout which it is shown that having obtained the advice of a medical
practitioner to submit himself to such surgical treatment he was waiting to
undergo the said treatment in accordance therewith, and
(ii) any other period during which he worked
thereat and throughout which it is shown that he was in process of obtaining
such advice.
18 

(1) Where in any case a beneficiary is entitled
to or has received a disablement gratuity, such beneficiary shall as respects
that gratuity have the like rights to payments in respect of special hardship
as he would have had by way of increase of disablement pension under 
section 60 if the disablement gratuity had
been a disablement pension payable during the period taken into account by
the assessment.
(2) A beneficiary who is entitled as respects
a disablement gratuity to payments in respect of special hardship by virtue
of the preceding paragraph shall, if he makes an application in that behalf
at any time before that gratuity or any part thereof has been paid to him,
be entitled, subject to the proviso to section
57(6), to a disablement pension in lieu of
such gratuity for any part of the period taken into account by the assessment
during which he may be entitled to an increase of such pension in respect
of special hardship under section 60,
and the weekly rate of such pension shall be determined in accordance with 
Schedule 4 of these regulations.
(3) For the purposes of 
paragraph (2) and notwithstanding the provisions
of regulation 14(2)
whenever the weekly rate of such pension is altered consequent upon the passing
of an Act or the making of an uprating order, such variation shall have effect
as from the date on which the provision varying the amount of the disablement
pension specified in paragraph 3 of Part V of
Schedule 4 to the Act comes into force, whether
the period taken into account by the assessment began before or after that
date.
(4) Where a pension has been payable under 
paragraph (2) in lieu of a gratuity for any
period and the beneficiary ceases to be entitled to an increase of such pension
under the provisions of section 60,
the amount of that gratuity shall be treated as reduced by the amounts which
have been paid to the beneficiary by way of such pension, other than any increase
thereof under the said section 60
and, subject to the provisions of these regulations, the balance (if any)
shall then be payable accordingly.
19 
The amount by which the weekly rate of disablement pension may
be increased under section 61
where constant attendance is required by a beneficiary as a result of the
relevant loss of faculty shall—
(a) where the beneficiary (not being a case
to which paragraph (b)
of this regulation relates) is to a substantial extent dependent on such attendance
for the necessities of life and is likely to remain so dependent for a prolonged
period, be the amount specified in paragraph
7(a) of Part V of Schedule 4 to the Act (unless
the attendance so required is part-time only, in which case the amount shall
be such sum as may be reasonable in the circumstances) or, where the extent
of such attendance is greater by reason of the beneficiary's exceptionally
severe disablement, a sum not exceeding one and a half times the amount specified
in paragraph 7(a) of Part V
of the said Schedule, a fraction of five pence being for this purpose treated
as five pence;
(b) where the beneficiary is so exceptionally
severely disabled as to be entirely, or almost entirely, dependent on such
attendance for the necessities of life, and is likely to remain so dependent
for a prolonged period and the attendance so required is whole-time, be the
amount specified in paragraph 7(b) of Part V
of Schedule 4 to the Act.
20 

(1) For the purpose of determining whether
a person is entitled to an increase by way of constant attendance allowance
under section 61
or to a corresponding increase by virtue of 
section 159(3)(b) of the Act or 
section 7(3)(b) of the Industrial Injuries
and Diseases (Old Cases) Act 1975 of any other
benefit, the Secretary of State shall, in a case where that person is subject
to disabilities in respect of which payments of two or more of the descriptions
set out in the next following paragraph of this regulation fall to be made,
determine the extent of that person's disablement by taking into account all
such disabilities to which that person is subject.
(2) The payments which may be taken into
account are those of the following descriptions:—
(a) payments by way of disablement pensions
under the Act;
(b) weekly payments to which that person
is or has been at any time after 4 July 1948 entitled in respect of injury
or disease being payments by way of compensation under the Workmen's Compensation
Acts or under any contracting-out scheme duly certified thereunder;
(c) payments to which that person is or has
been at any time after 4 July 1948 entitled as a former constable or fireman
on account of an injury pension under or by virtue of any enactment in respect
of an injury received or disease contracted by that person before 5 July 1948
or in respect of his retirement in consequence of such an injury or disease;

(d) payments by way of benefit under the 
Industrial Injuries and Diseases (Old Cases) Act 1975;
and
(e) payments of personal benefit by way of
disablement pension or gratuity under any Personal
Injuries Scheme or 
Service Pensions Instrument or 1914–18 War Injuries Scheme.

(3) In sub-paragraph
(2)(e) the expressions 
“personal benefit”, 
“disablement pension”, 
“Personal Injuries Scheme” and 
“Service Pensions Instrument” 
have the meanings which are assigned to them by the 
Social Security (Overlapping Benefits) Regulations 1979 for the purposes of those
regulations.
21 

(1) For the purposes of 
section 61 (increase of disablement pension
in respect of the need of constant attendance), subject to 
paragraph (2) it shall be a condition for the
receipt of an increase of disablement pension under the said 
section 61 for any period in respect of any
person that during that period he is not receiving, or has not received, free
in-patient treatment, and for this purpose a person shall be regarded as receiving
or having received free inpatient treatment if he would be so regarded for
the purposes of the Social
Security (Hospital In-Patients) Regulations 1975.
(2) Where a person was entitled to an increase
of disablement pension under the said section
61 in respect of the period immediately before
he commenced to undergo any treatment mentioned in 
paragraph (1), that paragraph shall not apply
in respect of the first 4 weeks of any continuous period during which he is
undergoing such treatment.
(3) For the purposes of 
paragraph (2), 2 or more distinct periods separated
by an interval not exceeding 28 days, or by 2 or more such intervals, shall
be treated as a continuous period equal in duration to the total of such distinct
periods and ending on the last day of the later or last such period.
22 
For the purposes of section 62
(increase of disablement benefit during hospital treatment) a person who receives
medical treatment as an in-patient for 2 or more distinct periods separated
by an interval of less than a week in each case shall be treated as receiving
such treatment continuously from the beginning of the first period until the
end of the last.
23 
Section 67
(death benefit for widows) shall have effect as if the reference in 
section 67(1) (conditions of entitlement to
such benefit) to periodical payments of not less than the prescribed amount
were a reference to periodical payments which would amount to an average weekly
rate of not less than 25 pence.
24 

(1) The following provisions of this regulation
shall apply in determining whether a woman is entitled to industrial death
benefit at the higher permanent rate specified in 
paragraph 13(b) of Part V of Schedule 4 to
the Act by virtue of satisfying the requirement in 
section 68(2)(a) (higher weekly rate of industrial
death benefit payable to the widow of the deceased for a period for which
she is entitled or treated as entitled to an allowance under 
section 70 (industrial death benefit for children)).

(2) The widow of the deceased shall be treated
as entitled to an allowance under the said section
70 for any period during which she is residing
with a person under the age of 19 in respect of whom the deceased—
(a) at his death was entitled to child benefit;
or
(b) at the time of his death could have been
entitled to child benefit or treated as having been so entitled had that person
then been under the age of 16 or not absent from Great Britain; and,where, at the expiration of such a period as aforesaid, the widow
has attained the age of forty, she shall be treated as entitled to that allowance
for any period thereafter.
25 
A widow who would be entitled to a pension under 
section 67 immediately before her remarriage
but for the operation of the proviso to section
67(2) shall be treated as if she were entitled
thereto for the purpose of a right to a gratuity under 
section 67 on her remarriage.
26 
For the purposes of section 72
(death benefit for such relatives of a deceased insured person as may be prescribed)
the relatives shall be the persons who bear any such relationship to the deceased
as is specified in Schedule 5
to these regulations (otherwise than as a parent within the meaning of 
section 71 (death benefit for parents)), and
shall include any person who would be such a relative if some person born
illegitimate had been born legitimate.
27 
The provisions of section 72
shall apply to a posthumous son or daughter (whether legitimate or illegitimate)
of a deceased man as if—
(a) for the conditions specified in 
subsection (1) there were substituted the condition
that the mother of such son or daughter was at the deceased's death being
wholly or mainly maintained by the deceased, or would but for the relevant
accident have been so maintained; and
(b) the conditions specified in 
paragraphs (a) and (b) of subsection
(2), and every reference to death benefit by
way of a gratuity or an allowance and to the several conditions for the receipt
of such benefit, were omitted; and
(c) in subsection
(7)—
(i) the references to a relative who was
a child at the deceased's death were references to a relative who is a posthumous
son or daughter of the deceased; and
(ii) for paragraph
(b) there were substituted the following paragraph—
“

(b) unless such relative
is on ceasing to be a child permanently incapable of self-support by reason
of some physical or mental infirmity which is congenital in origin.
”.

28 
For the purposes of section 74(1)(b)
 (amount of death benefit payable by way of
a gratuity to a beneficiary as a parent or relative other than a beneficiary
who, at the deceased's death, was, or would but for the relevant accident
have been, wholly maintained by the deceased) the maximum amount of any such
gratuity payable to a beneficiary as a parent within the meaning of 
section 71 or as a relative prescribed for
the purposes of section 72
shall be determined in accordance with the provisions of 
Schedule 6 to these regulations.
29 
In any case in which, but for the provisions of 
paragraph 6 of Schedule 9 to the Act (provisions
limiting the amount of death benefit by way of gratuities payable in respect
of any death), the aggregate amount of death benefit which would be payable
to two or more persons by way of parents' or relatives' gratuities, as the
case may be, would exceed the total amount respectively specified in relation
to such gratuities in sub-paragraphs (1)
and (2) of the said paragraph 6,
being—
(a) £78 in relation to parents' gratuities;
and
(b) £52 or £104 (as the case
may be) in relation to relatives' gratuities;
the amount payable to any person by way of a parent's or
a relative's gratuity (as the case may be) shall, subject to the provisions
of the Act limiting the amount so payable to any one person, be determined
in accordance with the provisions of Schedule
7 to these regulations.
30 
For the purposes of Schedule 9
to the Act (provisions limiting the benefit payable in respect of any death),
and by virtue of the provisions of paragraph
8 of that Schedule, a person entitled, or who
may become entitled, to any benefit mentioned in that Schedule in respect
of any death shall be disregarded if he dies within 6 months after the deceased's
death without being awarded that benefit.
31 
Where in respect of the same death each of 2 or more persons satisfies
the conditions of section 70
for the receipt of an allowance in respect of the same child, the person entitled
to the allowance shall, as between such persons, be determined subject to
the provisions of paragraph 1(c) of Schedule
9 to the Act in accordance with the order of
priority specified in Schedule 8
to these regulations.
32 

(1) For the purposes of 
section 70(2) (industrial death benefit at
higher rate) for any period during which the conditions of 
paragraph (2) of this regulation are satisfied,
a person, not being the widow of the deceased person, who is entitled to an
allowance in respect of a child under section
70(1) shall be entitled to that allowance at
the higher rate referred to in the said section
70(2).
(2) The conditions referred to in 
paragraph (1) are—
(a) that the widow of the deceased is entitled
to benefit under sections 67
and 68 in respect of the
death of the deceased person; and
(b) that the said widow was, immediately
before the period referred to in paragraph (1)
, entitled to the higher rate of allowance
provided for in section 70(2)
in respect of the child; and
(c) that the said widow has not ceased to
reside with the child.
33 

(1) A deceased person shall be treated, for
the purposes of sections 70
or 73 as having been entitled
to child benefit in respect of a child at his death, or as the case may be,
throughout the period between the date of the relevant accident and his death,
if—
(a) that child was a legitimate son or daughter
of the deceased and either the deceased or his spouse was living with the
child or was contributing towards the cost of providing for the child at the
appropriate rate or the deceased would, but for the relevant injury or disease,
have so contributed; or
(b) the child was an illegitimate son or
daughter of the deceased and the deceased was either living with the child
or was contributing towards the cost of providing for the child at the appropriate
rate or would but for the relevant injury or disease have so contributed;
or
(c) the child, not being a son or daughter
of the deceased, was wholly or mainly maintained by the deceased or would,
but for the relevant injury or disease, have been so maintained; or
(d) the child, not being a son or daughter
of the deceased, was living at the time of the deceased's death with the deceased's
spouse or was being maintained by that spouse at the appropriate rate and
he or she was a child who at the time of the death of a person to whom the
deceased's spouse had previously been married (and whose marriage to the deceased's
spouse had been terminated by death) had been living with or maintained at
the appropriate rate by that person; or
(e) the child was a posthumous legitimate
child of the deceased.
(2) The expression 
`appropriate rate' in paragraph
(1) means a weekly rate
not less than the rate which would have been payable as child benefit in respect
of an only, elder or eldest child.
34 
Notwithstanding that he was at his death entitled to child benefit
in respect of a child, a deceased person shall be treated, for the purposes
of section 68 (rate of widow's
industrial death benefit) or section 70
(industrial death benefit for children) as having been not so entitled
if—
(a) that child was not his son or daughter;
and
(b) neither of the conditions set out in 
sub-paragraph (c) or (d)
of the last foregoing regulation was fulfilled in relation to him; and
(c) the child was not a step-child of the
deceased.
35 

(1) Any person to whom 
section 70 (industrial death benefit for children)
applies shall, for the purposes of the said 
section 70, be treated as if he were entitled
to child benefit in respect of a child if the period in question is one throughout
which—
(a) that person, or his spouse with whom
he is residing, would have been entitled to child benefit in respect of that
child had the child been born at the end of the week immediately preceding
the week in which birth occurred; or
(b) that person satisfies the conditions
for entitlement to child benefit with the exception only of a condition in 
section 6(2) or section 13(3)(b)
of the Child Benefit Act (period for which claim to child benefit may be effective
and condition relating to presence in Great Britain respectively) or regulations made under
the latter section.
(2) For the purpose of determining whether
a person is entitled to industrial death benefit for a child under 
section 70, where in respect of a child the
said benefit is payable to a person for a continuous period of 7 days and
would have been payable to that person for the immediately preceding 7 days
had he been entitled to child benefit in respect of that child for an earlier
week, he shall be treated as if he were entitled to child benefit for that
earlier week.
(3) The expression 
`earlier week' in paragraph (2)
 means the week immediately
preceding the first week for which the person referred to in that paragraph
was entitled to child benefit in respect of the child referred to in that
paragraph.
(4) For the purposes of 
paragraph (1) the word 
`week'has the meaning assigned to it
by section 24(1)
of the Child Benefit Act.
36 
For the purposes of section 70
(industrial death benefit for children) a person who is entitled to child
benefit in respect of a child shall be treated as if he were not so entitled
for any day following the day on which that child died.
37 

(1) For the purposes of the provisions of 
Chapters IV and V of Part II
of the Act which relate to death benefit, a deceased person shall not, subject
to the provisions of the next succeeding paragraph, be deemed to have been,
at his death, or for any period before his death—
(a) wholly maintaining another person unless
he normally contributed the whole of the actual cost of that other person's
maintenance;
(b) mainly maintaining another person unless
he normally contributed more than half the actual cost of that other person's
maintenance;
(c) to a substantial extent maintaining another
person unless he normally contributed not less than an average weekly amount
of 25 pence towards the cost of that person's maintenance.
(2) In the case of a posthumous son or daughter
of the deceased, such son or daughter shall be deemed to have been wholly
maintained by the deceased at his death if the condition specified in 
regulation 27(a) is satisfied in his case.

(3) Where—
(a) a person was partly maintained by each
of two or more employed earners of whom the first-mentioned person was a parent
within the meaning of section 71
or a relative prescribed for the purposes of 
section 72, as the case may be; and
(b) the employed earners have died as the
results of accidents arising out of and in the course of their employed earner's
employment;the parent or relative may by notice in writing designate one of
those employed earners as shall thereafter be treated as having received from
the person so designated contributions to his maintenance equal to the aggregate
amount which the said employed earners were together contributing before the
accidents happened, and as having received nothing from the others.
38 

(1) In a case where—
(a) a person who is
entitled, as a result of an accident, to a disablement pension (hereafter
in this paragraph referred to as an “existing
pension”) which is payable in respect of
an assessment for a period which is limited by reference to that person's
life, becomes as a result of any other accident, entitled to an award as a
result of an assessment of disablement in respect of which a disablement gratuity
would, but for this regulation, be payable; and
(b) the aggregate amount of the assessment
in respect of the existing pension and of the assessment in respect of which
such disablement gratuity would be payable would, if it were the amount of
the assessment of the extent of the disablement resulting from any one accident
suffered by that person, have entitled him to receive a disablement pension
at a higher rate than the rate of such existing pension;then, if, at any time before his claim for disablement benefit
is determined, he so elects, that person shall be entitled to a disablement
pension in lieu of the said disablement gratuity at a rate equal to the difference
between the said higher rate and the rate of the existing pension.
(2) In a case in which a person who is entitled
as a result of any accident to a disablement pension would but for the provisions
of this paragraph become entitled in respect of any other accident to a disablement
gratuity (not being a case in which he is entitled to a disablement pension
in lieu of such gratuity)—
(a) if the assessment in respect of which
such pension is payable to him amounts to not less than 100 per cent, such
person shall not be entitled to receive any disablement gratuity in respect
of such other accident;
(b) in any other case, such person shall
not be entitled to receive, by way of disablement gratuity in respect of such
other accident, an amount exceeding that which would be payable in respect
of an assessment equal to the difference between 100 per cent and the percentage
of the assessment in respect of which such pension is payable to him.
(3) For the respective purposes of the two
preceding paragraphs of this regulation—
(a) references to an existing pension within
the meaning of paragraph (1)
and to any disablement pension in paragraph (2)
 respectively shall include references to all
such pensions which may be payable to the person concerned, and references
to the amount of the assessment in respect of which, and the rate at which,
any such pension is payable shall include references to the aggregate amount
of the assessments in respect of which or the aggregate of the rates at which
all such pensions are payable as aforesaid;
(b) the extent by which an assessment is
increased by virtue of the provisions of section
62 of the Act (increase of disablement benefit
during hospital treatment) shall be disregarded;
(c) for the purposes of 
paragraph (1)(a) a person shall be deemed to
be entitled to a disablement pension and to an award as described in the said
sub-paragraph from the respective dates of commencement of the periods taken
into account by the assessments relating to such pension and to such award.

39 

(1) Where a person who is entitled to a disablement
pension in respect of any accident suffered by him—
(a) has received, or is entitled to, a disablement
gratuity in respect of any other accident; and
(b) as a result of the loss of faculty in
respect of which he has received, or is entitled to that gratuity, is incapable
of work and is likely to remain permanently so incapable;the provisions of section 58
(increase of disablement pension by way of unemployability supplement) shall
apply as if that loss of faculty resulted from the accident in respect of
which such disablement pension is payable.
(2) Where a person—
(a) would be entitled to a disablement pension
in respect of any accident but for the provisions of 
section 91(1)(a) (limitations on the aggregate
weekly rates of benefit payable for the same period in respect of successive
accidents); and
(b) by reason only of those provisions, is
unable to satisfy the conditions for the receipt of an increase of that pension
by way of unemployability supplement under section
58;the provisions of the said section
58 shall apply as if such disablement pension
were payable to that beneficiary.
(3) At any time at which the sum total of
the several assessments in respect of two or more accidents suffered by any
person amounts to not less than 100 per cent during the continuance of the
periods respectively taken into account thereby, the weekly rate of any disablement
pension which is payable to him may be increased in accordance with the provisions
of section 61
if he requires constant attendance as a result of the loss of faculty resulting
from any one or more of such accidents, whether or not that pension is payable
in respect of an assessment of 100 per cent or in respect of that loss of
faculty.
(4) A beneficiary who has suffered two or
more accidents shall not be entitled at any time to more than one of each
of the following increases of benefit, that is to say—
(a) by way of unemployability supplement
under section 58;

(b) in respect of the need of constant attendance
under section 61;

(c) in respect of a child, under 
section 64;
(d) in respect of an adult dependant, under 
section 66.
40 

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) If, without good cause—
(a) a claimant fails to furnish to the prescribed
person any information required for the determination of the claim or of any
question arising in connection therewith; or
(b) a beneficiary fails to give notice to
the prescribed person of any change of circumstances affecting the continuance
of the right to benefit or to the receipt thereof, or to furnish as aforesaid
any information required for the determination of any question arising in
connection with the award; or
(c) a claimant for, or a beneficiary in receipt
of,  disablement benefit  fails to comply with any requirement of 
regulation 26 of the Social Security
(Claims and Payments) Regulations 1979 (obligations
of claimants for, and beneficiaries in receipt of, ... disablement
benefit);he shall, subject to the following provisions of this regulation,
if the  determining authority  so decide,
be disqualified for receiving any benefit claimed in respect of the period
of such failure.
(3) If a claimant or beneficiary wilfully
obstructs, or is guilty of other misconduct in connection with any examination
or treatment to which he is required under regulation
26 of the Social Security (Claims and
Payments) Regulation 1979 to submit himself,
or any proceedings under the Act for the determination of his right to benefit
or to the receipt thereof, he shall, subject to the provisions of this regulation,
be disqualified for receiving any benefit claimed for such period as the  determining authority  shall determine.
(4) In any case to which any of the foregoing
paragraphs of this regulation relates, proceedings on the claim or payment
of benefit, as the case may be, may be suspended for such period as the  determining authority  may determine.
(5) Nothing in this regulation providing
for the disqualification for the receipt of benefit for any of the following
matters, that is to say:—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for failure to comply with the requirements
of regulation 26 of the 
Social Security (Claims and Payments) Regulation 1979;

(c) for obstruction of, or misconduct in
connection with, medical examination or treatment;shall authorise the disentitlement of a claimant or beneficiary
to benefit for a period exceeding 6 weeks on any disqualification.
(6) No person shall be disqualified for receiving
any benefit for refusal to undergo a surgical operation not being one of a
minor character.
(7) A person who would be entitled to any
benefit but for the operation of any of the foregoing provisions of this regulation
shall be treated as if he were entitled thereto for the purpose of any rights
or obligations under the Act (whether of himself or any other person) which
depend on his being so entitled, other than the right to payment of that benefit.

41 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
42 

(1) A person who—
(a) is or has been on or after 5 July 1948 entitled in respect of any injury or disease to weekly payments
by way of compensation under the Workmen's Compensation Acts or under any
contracting-out scheme duly certified thereunder; and
(b) as the result of that injury or disease
could, for the purposes of Section 58
be treated as being incapable of work and likely to remain permanently so
incapable;shall have the like right to payments under the Act by way of unemployability
supplement, together with the like right to payments under the Act in respect
of a child or adult dependant, as if the injury or disease were one in respect
of which a disablement pension were for the time being payable.
(2) A person shall not be entitled—

(a) at any time to payment in accordance
with the provisions of this regulation in respect of more than one injury
or disease;
(b) to a payment in accordance with the provisions
of this regulation during any period for which he is entitled to an increase
of disablement pension by way of unemployability supplement under 
section 58;
(c) to a payment in respect of a child in
accordance with the provisions of this regulation during any period for which
an increase of an allowance is payable in respect of that child under the Pneumoconiosis, Byssinosis and Miscellaneous
Diseases Benefit Scheme 1966.
(3) For the purposes of this regulation,
the meaning in section 59(2)
(increase of unemployability supplement by reference to beneficiary's age,
on qualifying date) of “the qualifying date” shall, subject to
the provisions of subsections (3), 
(4) and (5)
of that section, be the beginning of the first week for which the said person
qualified for a payment by way of unemployability supplement under this regulation.

43 

(1) A person who—
(a) is or has been on or after 5 July 1948
entitled in respect of any injury or disease to weekly payments by way of
compensation under the Workmen's Compensation Acts or under any contracting-out
scheme duly certified thereunder; and
(b) as the result of that injury or disease—

(i) is subject to disabilities which are
such that if they had resulted from an accident against which he had been
insured under the Act the extent of the resulting disablement would be assessed
at 100 per cent, and
(ii) requires constant attendance,shall have the like right to payments in respect of the need of
such constant attendance and in respect of exceptionally severe disablement
under section 63
as if the said injury or disease were one in respect of which a disablement
pension were for the time being payable in respect of an assessment of 100
per cent.
(2) References in this regulation to an injury
or disease in respect of which a person is or has been entitled as aforesaid
to weekly payments by way of compensation shall be construed as including
every such injury or disease in respect of which he is so entitled, and references
in this regulation to the disabilities resulting from an injury or disease
and the extent of the resulting disablement shall be construed accordingly.

44 

(1) The following provisions of this regulation
shall apply to a former constable or fireman who is or has been on or after
5 July 1948 entitled as such former constable or fireman to payments on account
of an injury pension payable under or by virtue of any enactment in respect
of an injury received or disease contracted by him before that date or in
respect of his retirement in consequence of such an injury or disease.
(2) If as the result of the said injury or
disease he could, for the purposes of section
58, be treated as being incapable of work and
likely to remain permanently so incapable, he shall have, as from 19 May 1955,
the like right to payments under the Act by way of unemployability supplement
as if the injury or disease were one in respect of which a disablement pension
were for the time being payable.
(3) A person shall not be entitled under
the provisions of paragraph (2)
to payment during any period for which he is entitled to an increase of disablement
pension by way of unemployability supplement under 
section 58 or under regulation 42.

(4) For the purpose of this regulation, the
meaning in section 59(2)
(increase of unemployability supplement by reference to the beneficiary's
age on qualifying date) of the “qualifying date” shall be the
same as that prescribed by regulation 42(3)
in relation to persons entitled to payments by way of unemployability supplement.

(5) The provisions of 
regulation 43 of these regulations (which confer
a right in certain cases to payments in respect of constant attendance and
in respect of exceptionally severe disablement) shall apply to him as they
apply to a person who is or has been entitled on or after 5 July 1948 to weekly
payments under the Workmen's Compensation Acts.
(6) In this regulation—
 “former constable or fireman”
 means a person who has been— 
(a) a member of a police force maintained for any
police area mentioned in Schedule
8 of the Police Act 1964
or maintained by virtue of any scheme under that Act or under the Police (Scotland) Act 1967;

(b) a special constable appointed
under the Police Act 1964
or in Scotland under the Police (Scotland) Act
1967, or the corresponding provisions of any
local Act;
(c) a member of a fire brigade maintained
by a local authority, or
(d) a member of the National Fire
Service.
 “injury pension” includes any pension or similar benefit payable in respect of a
person's employment or former employment, being a pension or benefit which
would not be payable or be payable at a lesser rate but for an injury or disease
referable to that employment.
45 
Subject to the provisions of the three last preceding regulations,
the provisions of the Act and of the regulations for the time being in force
thereunder relating to benefit and to the making of claims and payments and
the determination of claims and questions, in so far as those provisions apply
in relation to unemployability supplement or to an increase of a disablement
pension in respect of the need of constant attendance or in respect of exceptionally
severe disablement, or in respect of a child or adult dependant, shall apply
in relation to any payment under any of the three last regulations as if such
payments were an unemployability supplement under 
section 58 or an increase of a disablement
pension in respect of the need of constant attendance under 
section 61 or in respect of exceptionally severe
disablement under section 63
or in respect of a child or adult dependant under 
section 64 or section 66,
as the case may be.
46 
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART IV
47 

(1) The regulations specified in 
column 1 of Schedule 9 to these regulations
are hereby revoked to the extent mentioned in column 3 of that Schedule.
(2) Anything whatsoever done under or by
virtue of any regulation revoked by these regulations shall be deemed to have
been done under or by virtue of the corresponding provisions of these regulations
and anything whatsoever begun under any such regulation may be continued under
these regulations as if begun under these regulations.
(3) The regulations so revoked shall continue
to apply for the purpose of determining the rate or amount of any benefit
payable in respect of any period before, or in respect of any assessment of
disablement taking into account any period commencing before, the date of
the coming into operation of these regulations.
Signed by authority of Secretary of State for Social Services.

Hugh Rossi
Minister of State
Department of Health and Social Security

SCHEDULE I
Regulation 10


Class of persons 
Benefit for which person is disqualified Section of the Act for the purpose of which disqualification is
to be disregarded Subject
matter
(1) (2) (3) (4)
A widow {Widow's allowance
 25(3) Period for which a widowed mother's allowance is
payable (being a period for which she is not entitled to widow's allowance).

A widow {Widow's allowance or widowed mother's allowance
 26(3) Period for which a widow's pension is payable (being
a period for which she is not entitled to a widow's allowance or a widowed
mother's allowance).
A widow
 {Widowed mother's allowance 26(1)(b) Widow's pension for certain widows ceasing to be
entitled to widowed mother's allowance.
The husband of a widow Category
A retirement pension 
24(1)(a) 
Widow's allowance for widow of husband who at the date of his death was not
entitled to a Category A retirement pensionIn this Schedule 
“widowed mother's allowance” and “widow's pension” 
include benefit under section 39(4)
corresponding to a widowed mother's allowance and a widow's pension respectively.


SCHEDULE 2
Regulation 11


Description of injury Degree of
disablement per cent
1. Loss of both hands or amputation at higher sites 100

2. Loss of a hand and a foot 100
3. Double amputation through leg or thigh,
or amputation through leg or thigh on one side and loss of other foot 100
4. Loss of sight to such an extent as to render the claimant
unable to perform any work for which eyesight is essential 100
5. Very severe facial disfiguration 100
6. Absolute
deafness 100
7. Forequarter or hindquarter amputation 100
Amputation cases—upper limbs (either arm)
8. Amputation through shoulder joint
 90
9. Amputation below shoulder with stump less than 20.5 centimetres
from tip of acromion 
80
10. Amputation from 20.5
centimetres from tip of acromion to less than 11.5 centimetres below tip of
olecranon 70
11. Loss of a hand or of the thumb and
four fingers of one hand or amputation from 11.5 centimetres below tip of
olecranon 60
12. Loss of thumb 30
13. Loss
of thumb and its metacarpal bone 40
14. Loss of four fingers of one hand
 50
15. Loss of three fingers of one hand 30
16. Loss of
two fingers of one hand 20
17. Loss of terminal phalanx of thumb
 20
Amputation cases—lower limbs
18. Amputation of both feet resulting
in end-bearing stumps 90
19. Amputation through both feet proximal
to the metatarso-phalangeal joint 80
20. Loss of
all toes of both feet through the metatarso-phalangeal joint 40
21. Loss of all toes of both feet proximal to the proximal inter-phalangeal
joint 30
22. Loss of all toes of both feet distal
to the proximal inter-phalangeal joint 20
23. Amputation
at hip 90
24. Amputation below hip with stump not exceeding 13 centimetres
in length measured from tip of great trochanter 80

25. Amputation below hip and above knee with stump exceeding 13 centimetres
in length measured from tip of great trochanter, or at knee not resulting
in end-bearing stump 
70
26. Amputation at knee
resulting in end-bearing stump or below knee with stump not exceeding 9 centimetres
 60
27. Amputation below knee with stump exceeding
9 centimetres but not exceeding 13 centimetres 50
28. Amputation
below knee with stump exceeding 13 centimetres 40
29. Amputation
of one foot resulting in end-bearing stump 
30
30. Amputation through
one foot proximal to the metatarso-phalangeal joint 30

31. Loss of all toes of one foot through the metatarso-phalangeal joint 20
Other injuries
32. Loss of one eye, without complications,
the other being normal 
40
33. Loss of vision of one
eye, without complications or disfigurement of eyeball, the other being normal
 30
Loss of:
A. Fingers of
right or left hand
 Index finger—
34. Whole 14
35. Two phalanges 11
36. One
phalanx 9
37. Guillotine amputation of tip without loss of bone 5

Middle finger—
38. Whole
 12
39. Two phalanges 9
40. One phalanx 7
41. Guillotine
amputation of tip without loss of bone 
4
Ring or little finger—

42. Whole 7
43. Two
phalanges 6
44. One phalanx 
5
45. Guillotine amputation
of tip without loss of bone 2
B. Toes of right
or left foot
Great
toe—
46. Through metatarso-phalangeal
joint 14
47. Part, with some loss of bone 3
Any other toe—

48. Through metatarso-phalangeal
joint 3
49. Part, with some loss of bone 1
Two toes of one
foot, excluding great toe—

50. Through metatarso-phalangeal joint 
5
51. Part, with some loss
of bone 2
Three toes of one foot, excluding great toe—
52. Through metatarso-phalangeal joint
 6
53. Part, with some loss of bone 
3
Four toes of one foot, excluding
great toe—
54. Through
metatarso-phalangeal joint 9
55. Part, with some loss of bone 3
SCHEDULE 3
Regulation 14


Degree of disablement Appropriate proportion of maximum
disablement gratuity (as specified in paragraph
2 of Part V of Schedule 4 to the Act)
(1) (2)
 per
cent
1 per
cent 10
2 per cent 15
3 per cent 20
4 per cent 25

5 per cent 30
6 per cent 35

7 per cent 40
8 per
cent 45
9 per cent 50
10 per cent 55
11 per cent
 60
12 per cent 65
13 per cent 70
14 per cent
 75
15 per cent 80
16 per cent 85
17 per cent
 90
18 per cent 95
19 per cent 100
SCHEDULE 4
Regulation 18

Where the degree of disablement is as specified
in column (1) of the following table, the weekly rate of the pension shall
be determined in accordance with column (2) of that table:—

Degree of disablement Rate of pension
(1) 
(2)
less than
20 per cent but not less than 16 per cent 
the appropriate weekly amount of disablement pension payable in respect of
a degree of disablement of 20 per cent as specified in 
paragraph 3 of Part V of Schedule 4 to the
Act;
less than 16 per cent
but not less than 11 per cent 75 per
cent of the appropriate weekly amount of disablement pension payable in respect
of a degree of disablement of 20 per cent as specified in the said 
paragraph 3;
less than 11 per cent but not less than 6 per cent 50 per cent of the appropriate weekly amount of
disablement pension payable in respect of a degree of disablement of 20 per
cent as specified in the said paragraph 3;

less than 6 per cent 25 per cent of the appropriate weekly amount of
disablement pension payable in respect of a degree of disablement of 20 per
cent as specified in the said paragraph 3;

 a fraction of a penny, being for this purpose treated as a penny.


SCHEDULE 5
Regulation 26

(a) Lineal descendant or ascendant in a direct
line; and
(b)
stepfather sister
stepmother 
half-brother
stepson half-sister
stepdaughter stepbrother
brother 
stepsister
and

(c) the father or mother of any woman who is, or was
at her death, the wife of the deceased at either her or his death; and
(d) the father or mother of any man who is, or was at his death,
the husband of the deceased at either his or her death.

SCHEDULE 6
Regulation 28
1 
The amount of any gratuity payable by way of
death benefit to a beneficiary who is a relative prescribed for the purposes
of section 72
and who would, but for the provisions of Schedule
9 to the Act, have been entitled to a pension
under the said section 72,
shall not exceed 156 times the weekly rate of the contributions which the
deceased at his death was or would but for the relevant accident have been
making to that beneficiary's maintenance.
2 
The amount of any gratuity payable by way of
death benefit to any other beneficiary who is a parent within the meaning
of section 71
or is a relative shall not exceed 104 times the said weekly rate of the contributions
to such beneficiary's maintenance.
SCHEDULE 7
Regulation 29
1 
The amount of £78.00 in the case of parents'
gratuities or of £52.00 or £104.00 (as the case may be) in the
case of relatives' gratuities, shall (subject to the provisions of the next
two following paragraphs in relation to relatives' gratuities) be apportioned
between the persons entitled as parents or as relatives, as the case may be,
in proportion to the respective weekly rates of the contributions which the
deceased at his death was or would but for the relevant accident have been
making to the several maintenance of those persons.
2 
Where the amount ascertained under 
paragraph (1) in relation to any person entitled
to a parent's or relative's gratuity, as the case may be, exceeds the maximum
amount which can be paid to him under the provisions of the Act, the difference
between the maximum amount and the amount so ascertained shall—
(a) if there is only one other person so
entitled, be paid to that person; or
(b) if there are two or more other persons
so entitled, be apportioned between such persons in accordance with the provisions
of paragraph 1.

3 
Where there is only one relative who is by virtue
of the provisions of Schedule 9
to the Act entitled to a gratuity in lieu of a pension under 
section 72, the amount payable to him shall
be the full amount to which he is entitled under the relevant provisions of
the Act, and the difference (if any) between £104.00 and the amount
so payable to that relative shall—
(a) if there is only one other relative,
be the amount of the gratuity payable to that other relative; and
(b) if there are two or more other relatives,
be apportioned between them in accordance with the preceding paragraph of
this Schedule.
4 
Where there are two or more relatives each of
whom is so entitled to a gratuity in lieu of a pension, the amount of £104.00
shall be apportioned equally between them.
5 
Where, in respect of any death, a parent or
relative has been paid the amount of any gratuity finally awarded to him as
such, or any part of such amount, the death benefit payable to any person
subsequently claiming to be entitled in respect of the same death to a gratuity
as a parent or relative shall not exceed the difference between the sum or
the aggregate of the sums previously paid as aforesaid in respect of parents'
or relatives' gratuities, as the case may be, and—
(a) the amount of £78.00 in the case
of parents' gratuities; or
(b) the amount of £52.00 (or £104.00
where appropriate) in the case of relatives' gratuities;
and the provisions of the Act and of this Schedule shall
apply to any such subsequent claimant accordingly.
6 
Where any sum has been repaid or recovered in
respect of a gratuity awarded to any person, the amount paid to him on account
of that gratuity shall, for the purpose of the previous paragraph, be treated
as reduced by the amounts so repaid or recovered.
SCHEDULE 8
Regulation 31
1 
Such person as may be designated in a written
notice to the Secretary of State, signed by all the persons satisfying such
conditions as aforesaid.
2 
A person who, not being entitled to death benefit
as such, is the widow of the deceased or who was, before her remarriage, the
widow of the deceased.
3 
A person who is entitled to death benefit in
respect of the deceased's death—
(a) by way of a pension; or
(b) by way of an allowance under 
section 73 as a woman having the care of a
child or children in respect of whom the deceased was entitled to child benefit.

4 
Such person as the Secretary of State may in
his discretion determine, having regard to the circumstances of the case.

SCHEDULE 9
Regulation 47


Citation Statutory Instrument Extent of revocation
The Social Security (General
Benefit) Regulations 1974 S.I. 1974/2079 The whole of the regulations
The Social Security
(Industrial Injuries) (Benefit) Regulations 1975 S.I. 1975/559 The whole of the regulations
The Social Security
(Non-Contributory Invalidity Pension) Regulations 1975 S.I. 1975/1058 Regulation 10(1)
and Schedule 1
The Mobility
Allowance Regulations 1975 S.I. 1975/1573 Regulation 22(1)
The Social
Security (Miscellaneous Amendments) Regulations 1976 S.I. 1976/1736 Regulation 6
The Social
Security (Child Benefit Consequential) Regulations 1977 S.I. 1977/342 Regulations 5
and 7
The Social Security
(General Benefit) Amendment Regulations 1979 S.I. 1979/1067 The whole of the regulations
The Social Security
(General Benefit, Claims and Payments) Regulations 1980 S.I. 1980/1621 Regulations 2
and 3
The Social Security
(Industrial Injuries Benefit) Amendment Regulations 1980 S.I. 1980/1631 The whole of the regulations
The Social Security
Benefits (Interim Payments) Regulations 1981 S.I. 1981/849 The whole of the regulations
The Social Security
Benefit Up-rating Regulations 1981 S.I. 1981/1510 Regulation 5
The Social
Security (General Benefit) Amendment Regulations 1982 S.I. 1982/1398 The whole of the regulations