OpenLegislation

Part I benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

England, Wales and Scotland

In this Part of this Schedule–

  1. (a)

    references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;

  2. (b)

    “widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.

Benefit ClaimedAlternative benefit
(1)(2)
F1Incapacity benefit Severe disablement allowance.
F2......
Severe disablement allowance F3Incapacity benefit.
F4......
F5Incapacity benefit for a woman Maternity allowance.
Severe disablement allowance for a womanMaternity allowance.
F6Employment and support allowance for a woman Maternity allowance.
Maternity allowance F7Incapacity benefitF8, severe disablement allowance or employment and support allowance
A retirement pension of any categoryWidow's benefit F9or bereavement benefit.
A retirement pension of any categoryA retirement pension of any other category F10, a shared additional pension F11or graduated retirement benefit.
F12An increase of incapacity benefit. An increase of severe disablement allowance.
Attendance allowanceAn increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is neededAttendance allowance F13or disability living allowance.
An increase of severe disablement allowance F14An increase of incapacity benefit.
Income supportF15... F16... or a F17carer’s allowance.
F18Widow’s benefit F19or bereavement benefit A retirement pension of any category or graduated retirement benefit.
F20Disability living allowance Attendance allowance or an increase of disablement pension where constant attendance is needed.
Attendance allowance or an increase of disablement pension where constant attendance is neededDisability living allowance.
F21F22Disabled persons' tax credit F23Working families' tax credit.
Working families' tax credit Disabled persons' tax credit.
F24Bereavement benefit F25Bereavement support payment
F26Bereavement support payment F27Bereavement benefit
F28A state pension under any section of Part 1 of the Pensions Act 2014 F29A state pension under any other section of Part 1 of the Pensions Act 2014 or bereavement benefit
F30Bereavement benefit F31A state pension under Part 1 of the Pensions Act 2014

Annotations

Textual amendments

F1

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(2)

F2

Words in Sch. 1 omitted (7.10.1996) by virtue of The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(19)(a)

F3

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(4)

F4

Words in Sch. 1 omitted (7.10.1996) by virtue of The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(19)(b)

F5

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(6)

F6

Words in Sch. 1 inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 24(a)

F7

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(7)

F8

Words in Sch. 1 substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 24(b)

F9

Words in Sch. 1 Pt. I inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(5)(b)

F10

Words in Sch. 1 Pt. I inserted (6.7.2005) by The Social Security (Shared Additional Pension) (Miscellaneous Amendments) Regulations 2005 (S.I. 2005/1551), regs. 1(1)(a), 2(8) (with reg. 10)

F11

Words in Sch. 1 inserted (11.4.1988) by The Social Security (Claims and Payments) Amendment Regulations 1988 (S.I. 1988/522), regs. 1(1), 8

F12

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(8)

F13

Words in Sch. 1 inserted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 25(a)(i)

F14

Words in Sch. 1 substituted (13.4.1995) by The Social Security (Claims and Payments) Amendment (No. 2) Regulations 1994 (S.I. 1994/2943), regs. 1(1), 10(9)

F15

Words in Sch. 1 omitted (16.11.1992) by virtue of The Social Security (Miscellaneous Provisions) Amendment (No. 2) Regulations 1992 (S.I. 1992/2595), regs. 1(1)(a), 7

F16

Words in Sch. 1 omitted (6.4.1992) by virtue of The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 25(a)(ii)

F17

Words in Sch. 1 Pt. I substituted (1.4.2003) by The Social Security Amendment (Carers Allowance) Regulations 2002 (S.I. 2002/2497), reg. 1(b), Sch. 2 paras. 12

F18

Words in Sch. 1 inserted (5.12.1990) by The Social Security (Miscellaneous Provisions)Amendment Regulations 1990 (S.I. 1990/2208), regs. 1(1)(c), 14

F19

Words in Sch. 1 Pt. I inserted (9.4.2001) by The Social Security (Benefits for Widows and Widowers) (Consequential Amendments) Regulations 2000 (S.I. 2000/1483), regs. 1, 9(5)(a)

F20

Words in Sch. 1 inserted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 25(b)

F21

Words in Sch. 1 inserted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1), 25(c)

F22

Words in Sch. 1 Pt. I substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI

F23

Words in Sch. 1 Pt. I substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V

F24

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(a)(i)

F25

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(b)(i)

F26

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(a)(ii)

F27

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(12)(b)(ii)

F28

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(a)

F29

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(c)

F30

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(b)

F31

Words in Sch. 1 Pt. I inserted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 9(17)(d)

Notes on the whole SI

Textual amendments

F1

Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)