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In each of these cases, the claimant is a lady who formerly worked but has for many years been unable to do so because of an industrial accident. Neither of them ever had any real prospect of returning to work after her accident, and neither has ever done so. In all normal uses of language each had to retire from work and give up regular employment years ago, by reason of her incapacity.
The claimant in case CI 600/94 was born on 16 September 1928 and suffered her accident on 21 January 1972 at the age of 43. She is entitled to a disablement pension for life under the industrial injuries scheme, based in her case on a final assessment of 20% made in 1978, though this I am told has been increased since then on the ground of unforeseen aggravation of her condition. She too was entitled to invalidity benefit, which continued to be paid down to her 65th birthday as she did not elect to go on to retirement pension as soon as she reached pensionable age.
Although the side note refers only to "cases of special hardship", it is clear that the purpose of the allowance was always to compensate for the probable loss in the claimant's standard of remuneration: cf. ss. 14(2), 60(2). The nature of the allowance appears clearly from s. 60(6):
"(6) ... an increase of pension under this section shall be payable for such period as may be determined at the time it is granted, but may be renewed from time to time, and the amount of the increase shall be determined by reference to the beneficiary's probable standard of remuneration during the period for which it is granted in the employed earner's employments, if any, which are suitable in his case and which he is likely to be capable of following as compared with that in his regular occupation ..."
The Social Security Act 1986 changed the earnings-related supplement from special hardship allowance under s. 60, which ceased to exist, to a free standing benefit labelled "reduced earnings allowance" under a new s.59A. This included provisions that:
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