Social Welfare Act 2011

PART 2

Amendments to Social Welfare Acts

Disablement benefit.

3.— (1) Section 75 of the Principal Act is amended—

(a) in subsection (1) by substituting “not less than 15 per cent” for “not less than 1 per cent”,

(b) by inserting the following subsection after subsection (1):

“(1A) In the case of any assessment of disablement—

(a) where the period to be taken into account by the assessment began before 1 January 2012, or

(b) where there has been a provisional assessment, and—

(i) the initial period to be taken into account by the assessment began before 1 January 2012, and

(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,

subsection (1) shall be read as if ‘not less than 1 per cent’ were substituted for ‘not less than 15 per cent’.”,

(c) in subsection (2) by substituting “would amount to less than 15 per cent” for “would not amount to 1 per cent”,

(d) by inserting the following subsection after subsection (2):

“(2A) In the case of any assessment of disablement—

(a) where the period to be taken into account by the assessment began before 1 January 2012, or

(b) where there has been a provisional assessment, and—

(i) the initial period to be taken into account by the assessment began before 1 January 2012, and

(ii) any subsequent period to be taken into account by the assessment begins on or after 1 January 2012,

subsection (2) shall be read as if ‘would not amount to 1 per cent’ were substituted for ‘would amount to less than 15 per cent’.”,

(e) in subsection 10(a) by substituting “not less than 15 per cent” for “not less than 10 per cent”, and

(f) by substituting the following subsection for subsection (11):

“(11) (a) In the case of any assessment of disablement where the period to be taken into account by the assessment began before 1 May 1990, subsection (10)(a) shall be read as if the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’ were deleted.

(b) In the case of any assessment of disablement where the period to be taken into account by the assessment began on or after 1 May 1990 but before 1 January 2012, subsection (10)(a) shall be read as if a reference to ‘and the extent of disablement is assessed as amounting to not less than 10 per cent and not more than 19 per cent’ were substituted for the reference to ‘and the extent of disablement is assessed as amounting to not less than 15 per cent and not more than 19 per cent’.”.

(2) This section comes into operation on 1 January 2012.