A.A. v. SWEDEN
In consequence of, and in connection with, the following consolidation Acts, namely— the Social Security Act 1975, the Industrial Injuries and Diseases (Old Cases) Act 1975, the Social Security (Northern Ireland) Act 1975, and the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975, (which Acts are together referred to in this Act as “the consolidations”) the following provisions of this section shall have effect.
The enactments specified in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.
Where this Act amends an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly, or an Order made under, or having the same effect as, an enactment of that Parliament or that Assembly, the enactment or Order as amended shall be subject to the Interpretation Act (Northern Ireland) 1954 in the same way as an enactment of that Parliament or that Assembly is so subject.
The provisions of Part I of Schedule 3 to this Act (which essentially reproduce those of Schedule 26 to the Social Security Act 1973) shall have effect with respect to the transition from the operation of the National Insurance Acts 1965 to 1974 and the corresponding Northern Ireland legislation, and the other enactments repealed by the 1973 Act, to the operation of—
Parts II and III of the 1973 Act; and
so much of the new Act as replaces by consolidation provisions of the 1973 Act and the legislation amending it.
In connection with the consolidations, and with the repeals made by this Act, the further transitional provisions and savings contained in Parts II and III of Schedule 3 to this Act shall have effect; but no specific provision in Part III is to be regarded as prejudicing any general provision elsewhere in this Act.
Where any provision of Schedule 3 to this Act confers power to make an Order in Council or regulations, then—
in so far as the power is exercisable in relation to Great Britain, or to the United Kingdom as a whole, sections 189 and 190(3) of the Social Security Administration Act 1992 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act; and
in so far as the power is exercisable in relation to Northern Ireland only, sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act.
Section 38 of the Interpretation Act 1889 (effect of repeals)— but nothing in this subsection or in Schedule 3 to this Act affects the general operation of section 38 of the 1889 Act with regard to the effect of repeals.
has effect in relation to any enactment repealed by this Act and re-enacted in any of the consolidations as if the repeal were made by the consolidation and not by this Act;
has the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly (or of any provision of an Order made under, or having the same effect as, such an enactment) as it has in relation to the repeal of an Act of the Parliament of the United Kingdom (references in section 38 of the 1889 Act to Acts and enactments being construed accordingly);
Provisions of— the 1973 Act, the National Insurance Act 1974, the National Insurance Measure (Northern Ireland) 1974, the Social Security Amendment Act 1974, and the Social Security Benefits Act 1975, which are made (whether by the Act or Measure itself or by an instrument made under an enactment) to come into force on 6th April 1975 do so in that order, except that paragraph 39 of Schedule 4 to the National Insurance Act 1974 and section 8(7) of the Social Security Benefits Act 1975 (both of which make minor amendments of the repeals Schedule to the 1973 Act) come into force before that Act.
Subject to the following subsections, the consolidations and this Act come into force as soon as all the provisions mentioned in subsection (1) above have done so.
Nothing in the consolidations or this Act affects so much of any order under section 101 of the 1973 Act (commencement) or regulations under Schedule 26 to that Act (transition from old system of national insurance to new system of social security) as provides for an enactment repealed by that Act or this Act to continue wholly or partly in force on and after 6th April 1975 or has the effect of it so doing.
Where any provision of the 1973 Act is re-enacted in the consolidations with amendments made by the Social Security Benefits Act 1975, having come into force subject to any modification contained in an order under Part I of Schdule 5 to the said Act of 1975 (commencement etc.), the provision as re-enacted has effect subject to the same modification.
To the extent that any provision contained in the consolidations was, immediately before 6th April 1975, not yet in force and dependent for its entry into force— (not being an order or regulation of which the effect is to bring that provision into force on 6th April 1975), that provision shall continue so dependent notwithstanding that it is repealed and re-enacted (in the consolidations or this Act) and the order or regulation does not any longer apply to it in terms.
on an order under— the 1973 Act, section 101; the National Insurance Act 1974, Schedule 5, paragraph 1; the National Insurance Measure (Northern Ireland) 1974, Schedule 5, paragraph 1; the Social Security Amendment Act 1974, section 6(4); or the Social Security Benefits Act 1975, Schedule 5, paragraph 1; or
on any regulation made under the 1973 Act, Schedule 26,
In this Act— and (except where otherwise stated) expressions defined in the new Act have the same meaning in this Act as in that Act.
" enactment " includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly and an Order made under, or having the same effect as, such an enactment;
“enactment” includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly and an Order made under, or having the same effect as, such an enactment;
" the new Act " means the Social Security Act 1975 or, as this Act applies to Northern Ireland, the Social Security (Northern Ireland) Act 1975 ; and
“the new Act” means the Social Security Act 1975 or, as this Act applies to Northern Ireland, the Social Security (Northern Ireland) Act 1975; and
“the Old Cases Act” means the Industrial Injuries and Diseases (Old Cases) Act 1975 or, as this Act applies to Northern Ireland, the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;
In Schedule 3 to this Act, “the appointed day”—
for the purposes of any provision of that Schedule which replaces one from Schedule 26 to the 1973 Act, has the same meaning as it there had by virtue of section 101(2)(b) of that Act;
in relation to any provision of the consolidations entering into force on any later day than 6th April 1975, means that later day; and
otherwise means 6th April 1975; and
“the 1975 amending Act” means the Social Security Benefits Act 1975.
References in this Act to any enactment, except so far as the context otherwise requires, are to that enactment as amended or extended by or under any other enactment including an enactment contained in any of the consolidations or in this Act.
Section 1 of, and Schedules 1 and 2 to, this Act extend to Northern Ireland so far as they operate to repeal or amend an enactment in force in Northern Ireland.
The remainder of this Act extends to Northern Ireland except where it is otherwise stated, and except so far as by its terms or effect it is capable of extending to Great Britain only or to England and Wales or Scotland only, or replaces provisions of earlier Acts not extending to Northern Ireland.
This Act may be cited as the Social Security (Consequential Provisions) Act 1975.
Section 1(2)
Chapter Short Title Extent of Repeal 1945 c. 21 (N.I.) Wages Councils Act (Northern Ireland) 1945. In section 13(1)(a) the words " national insurance and ". 1946 c. 21 (N.I.) National Insurance (Industrial Injuries) Act (Northern Ireland) 1946. The whole Act. 1948 c. 22 (N.I.) Industrial Assurance and Friendly Societies Act (Northern Ireland) 1948. In section 7(1) the words " national insurance and ". 1955 c. 29 (N.I.) Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955. In Schedule 2 the entry relating to the National Insurance (Industrial In juries) Act (Northern Ire land) 1946. 1959 c. 18 (N.I.) Fatal Accidents Act (Northern Ireland) 1959. In section 2(2) the word. " national insurance and ". 1966 c. 6 (N.I.) National Insurance Act (Northern Ireland) 1966. The whole Act. 1966 c. 8 (N.I.) Family Allowances Act (Northern Ireland) 1966. In section 18 the definitions o " the Insurance Act" and " the Social Security Act" 1966 c. 9 (N.I.) National Insurance (Industrial Injuries) Act (Northern Ireland) 1966. The whole Act. 1966 c. 14 (N.I.) Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966. The whole Act. 1966 c. 16 (N.I.) National Insurance (No. 2) Act (Northern Ireland) 1966. The whole Act. 1966 c. 28 (N.I.) Supplementary Benefits &c. Act (Northern Ireland) 1966. In Schedule 2, in paragraph 1] (formerly paragraph 10A) sub-paragraph (3). 1967 c. 22 (N.I.) National Insurance Act (Northern Ireland) 1967. The whole Act. 1967 c. 25 (N.I.) Births and Deaths Registration Act (Northern Ireland) 1967. In Schedule 2 the entry relating to the National Insurance (Industrial Injuries) Ac (Northern Ireland) 1966. 1968 c. 1 (N.I.) Family Allowances and National Insurance Act (Northern Ireland) 1968. Sections 1(4) and 2(2). In section 4 in subsections (1) (2) and (3) (in each case) paragraphs (b) and (c). Schedule 2, Part II. In Schedule 3, paragraphs 1 3, 5(2) and 6. 1968 c. 16 (N.I.) Family Allowances and National Insurance (No. 2) Act (Northern Ireland) 1968. The whole Act. 1969 c. 19 (N.I.) National Insurance &c. (No. 2) Act (Northern Ireland) 1969. Section 7. In section 8(2), paragraphs (e and (f). In section 11, in subsection (1) all after the first " 1969 " in subsection (2) the definitions of " the Insurant Act", " the Industrial Injuries Act" and "the Workmen's Compensation (Supplementation) Act"; and subsection (3). Schedule 6. 1969 c. 30 (N.I.) Judgments (Enforcement) Act (Northern Ireland) 1969. In Schedule 4 the entry relating to the National Insurance (Industrial In juries) Act (Northern Ireland) 1966. 1970 c. 31 (N.I.) Friendly Societies Act (Northern Ireland) 1970. In section 102(1) the words " national insurance and ". 1971 c. 21 (N.I.) Social Services (Parity) Act (Northern Ireland) 1971. In Schedule 1, the entries for the National Insurance Acts 1965 to 1970, the National Insurance (Industrial Injuries) Acts 1965 to 1969, the National Health Service Contributions Act 1965 and the Industrial Injuries and Diseases (Old Cases) Acts 1967 and 1969. S.R. & O. (N.I.) 1971 No. 224. Social Services (Parity) Order(Northern Ireland) 1971. The whole Order. 1971 c. 28 (N.I.) Social Security Act (Northern Ireland) 1971. Section 4. Section 4A. Section 6. Section 7(2). In section 9, in subsection (1) paragraphs (a) and (b), subsections (3) and (4) and in subsection (5) the definitions of " the Insurance Act" and " the Industrial Injuries Act". S.I. 1972 No. 1263 (N.I. 12) Education and Libraries (Northern Ireland) Order 1972. In Article 36(5) the words " national insurance ". 1974 c. 4 (N.I.) National Insurance Measure (Northern Ireland) 1974. Sections 1 to 4. In section 5, subsection (2) and in subsection (3) the words " or (2) ". Section 6(2) to (5). Schedule 2. In Schedule 4, in paragraph 1 sub-paragraph (a) and paragraph 2. Schedules 5 and 6.
Section (1)3.
In section 118(1) of the Bankruptcy (Scotland) Act 1913—
in paragraph (a), after “ income tax” insert “ or class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;
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In section 33 (1) of the Bankruptcy Act 1914—
in paragraph (a), after “ income tax” insert “ or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;
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In Schedule 2 to that Act, for paragraph 9 substitute—
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in subsection (1)(e), after " 1973 " insert " and those specified in section 153(2) of the Social Security Act 1975 and section 144(2) of the Social Security (Northern Ireland) Act 1975 ";
in subsection (8)(c), for " 1973 " substitute " 1975 or the Social Security (Northern Ireland) Act 1975 ".
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any of the following benefits under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, namely— sickness benefit, invalidity benefit, non-contributory invalidity pension, injury benefit, disablement benefit
for subsection (6) substitute—
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In the House of Commons Disqualification Act 1957—
in Schedule 1, Part II, in each of the entries beginning “ A Medical Appeal Tribunal” and “ A Medical Board” for “ the National Insurance (Industrial Injuries) Act 1965 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975”;
in Schedule 1, Part II, as substituted (and set out in Schedule 3) in relation to the Northern Ireland Assembly, in each of those entries for “ the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975” ;
in Schedule 1, Part III, in the first entry beginning “ Chairman or Deputy Chairman”, for “ 1967” substitute “ 1975” ;
in Schedule 1, Part III, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”
in the Part substituted for Part III of Schedule 1 in relation to the Northern Ireland Assembly, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”
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For section 5 of the Family Allowances Act 1965 (claims and determination of questions) substitute—
In section 8 of that Act—
substitute the following for subsection (1)—
in subsection (2) for " section 81(3)" substitute " section 119(3) " and for " section 81(3) and (4) " substitute " section 119(3) and (4) " ;
in subsection (3), for " section 81(3)" substitute " section 119(3) ", and for the words from "benefit" onwards substitute " benefit or payment under the Social Security Act 1975 or the Industrial Injuries and Diseases (Old Cases) Act 1975 ; but this does not authorise the recovery of sums by deduction from benefit under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 in respect of the death of any person, or the abatement of such benefit. "
In section 11 of that Act, substitute the following for subsection (6)—
For section 12 of that Act substitute—
In section 16 of that Act, in subsection (2)(a), for " section 80 of the Insurance Act " substitute " paragraph 3 or 4 of Schedule 10 to the Social Security Act 1975 ".
In section 22 of that Act, in subsection (1B), for " section 96(2) to (4) and (7) of the Social Security Act" substitute " section 166(2) to (4) and (7) of the Social Security Act 1975. "
In sections 17(3) and (4A) and 43(lA)(a) of the Redundancy Payments Act 1965, for the words " the day appointed for the coming into force of section 2 of the Social Security Act 1973 " substitute " 6th April 1975 ".
In section 17 of that Act, in subsection (4A)(b) for " that Act" substitute " the Social Security Act 1975 ", and in subsection (6)(b) for " 1973 " substitute " 1975 ".
In section 31(4) of that Act for " section 45 " substitute " section 134 " and for " 1973 " (in both places) substitute " 1975 ".
In section 43(1A)(b) of that Act, for " section 2(4)(a) of the said Act of 1973 " substitute " section 4(4) (a) of the Social Security Act 1975 ".
In section 49(1) of that Act, for " 1973 " substitute " 1975 ".
In section 12(1) of the Supplementary Benefit Act 1966, for the words from " unemployment" to " 1973 " substitute " unemployment benefit under Chapter I of Part II of the Social Security Act 1975 ".
In section 16(1) of that Act, for paragraphs (a) and (b) substitute—
In section 18(2) of that Act, for the words from " the National" to " 68(3)(c) " substitute " Part III of the Social Security Act 1975 in like manner as a reference under section 99(2)(c) ".
In section 26 of that Act, substitute the following for subsection (4)—.
After section 34 of that Act insert—
In section 36(1) of that Act, for the definitions of " place of employment" and " trade dispute " substitute—.
In section 40(1) of that Act, at the end insert " or as the Supplementary Benefit Act 1966 ".
In Schedule 2 to that Act—
in paragraph 11(1)(a), for the words preceding "(disqualification" substitute " he is disqualified for receiving unemployment benefit under the Social Security Act 1975 by virtue of section 20(1) of that Act ";
In this paragraph— For the purposes of this paragraph, the provisions of regulations under Chapter VI of Part II of the Social Security Act 1975 relating to overlapping benefits shall not be treated as affecting the rate of attendance allowance to which a person is entitled.
in paragraph 20, for sub-paragraphs (a) and (b) substitute—;
in paragraph 24 (as substituted by paragraph 5 of Schedule 3 to the Social Security Benefits Act 1975)—
in sub-paragraph (3), for "Part I of the Social Security Act 1973 " substitute " Chapters I to III of Part II of the Social Security Act 1975 ";
This paragraph does not apply to income so far as it consists of injury benefit under Part II of the Social Security Act 1975 or of industrial death benefit under that Part of that Act except—
in sub-paragraph (5), for "the Social Security Act 1973 " substitute " the Social Security Act 1975 ".
In section 67(3) of the Agriculture Act 1967, in paragraph (e), for the words following “ benefits” substitute “ payable under Part II of the Social Security Act 1975”.
The Social Security Act 1975 (c.14) section 160(2) The Secretary of State.
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Part III of the Social Security Act 1973, and
the Social Security Act 1975 ".
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In section 212 of that Act, substitute for subsection (1)—
In section 219 of that Act—
in subsection (1), substitute for paragraph (a)—;
in subsection (3), for the words from the beginning to " allowable " in the proviso substitute—.
In schedule 4 to the Administration of Justice Act 1970, substitute for paragraph 3—
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In Schedule 2 to the Attachment of Earnings Act 1971, for paragraph 3 substitute—
In Schedule 3 to that Act, for paragraph 3(b) substitute—
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In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(i), for sub-paragraph (i) substitute—
and for the words from “ Schedule 3” to “ that Act” substitute “ Part I of Schedule 4 to the Social Security Act 1975 for a contributory widow’s pension under Part II of that Act. ”
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The Social Security Act 1973 shall be amended in accordance with the following 16 paragraphs.
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In section 73(3), for paragraphs (a) and (b) substitute " the Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975 ".
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In section 77—
in subsection (1), for paragraph (b) substitute—;
in subsection (2)(a), for " Chapter I of Part I of this Act" substitute " Part I of the Social Security Act 1975 ";
in subsection (2)(b), for " section 2(5) of this Act" substitute " section 4(5) of the said Act of 1975 ";
in subsection (4), for the words from the beginning to " Act " substitute " Section 11(1) and (3) of, and Schedule 1 to, the Social Security Act 1975 ".
In section 81(3)(a) for "this Act" substitute " the Social Security Act 1975 ".
In section 83, substitute for subsection (4)—
In section 85—
in subsection (4), for the words " Part IV " (where they first occur) to the end substitute " Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975, which legislation shall then apply as in the case of a question referred to in section 98(1) of the applicable Act ";
in subsection (5), for the words from "Part IV" (where they first occur) to the end substitute " Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975 ; and any question so prescribed shall in accordance with the regulations be so referred, and the relevant legislation of 1975 shall then apply as in the case of a question referred to in section 98(1) of the applicable Act ";
after subsection (6) insert—
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in subsection (1), for " Minister " substitute " Ministry ", and for the words following the second " collection of" substitute " reserve scheme contributions or premiums, or the payment of reserve scheme pensions ";
in subsection (3)(b), for the words following "collection of" substitute " reserve scheme contributions or premiums, or the payment of reserve scheme pensions. ".
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in subsection (1), for paragraphs (a) and (b) substitute " any reserve scheme contribution or premium which he is liable under Part III of this Act to pay ";
in subsection (5), for paragraph (b) substitute—;
in subsection (6), for "Part IV of the former principal Act" substitute " Part III of the Social Security Act 1975 or, as the case may be, Part III of the Social Security (Northern Ireland) Act 1975 ".
In section 95—
in subsection (2)(b) for “and 13 to 15” substitute “13 and 14”, and for “Schedules 23 and 26” substitute “Schedule 23”;
in subsection (4) for “Parts II, III and IV” substitute “Part II”.
In section 97, for subsection (3) substitute— and in subsection (4), omit “ 48(3) or” and for “ the relevant” substitute “ that”.
In section 99—
in subsection (6), for "this Act" substitute " of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975 ";
in subsection (7), for the words from "whether or not" onwards substitute " are to the lower and upper limits respectively referred to in section 4(1) of the Social Security Act 1975 ; and references to the lower or upper earnings limit of an income tax year are to whatever is (or was) for that year the limit in force under section 4(1) of that Act ".
In Schedule 19, paragraph 6(c) for "basic scheme or reserve scheme contributions" substitute " reserve scheme contributions or contributions under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 ".
In Schedule 22—
for paragraph 3 substitute—
in paragraph 14, for sub-paragraph (b) substitute—
In Schedule 23—
in paragraph 5(1), for " this Act, basic scheme or " substitute " the Social Security Act 1975 " ;
in paragraph 9(1), after "failure by him to pay" insert " contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975, or ";
in paragraph 14(4) for " this Act relating to earnings factors and" substitute " the Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975 relating to earnings factors and those of this Act relating to ".
In Schedule 25—
2. For any reference to the Secretary of State (except in sections 96(6) and 99(3) and Schedule 23, paragraph 5) substitute the Northern Ireland Ministry, and for any reference to the Minister for the Civil Service substitute the Ministry of Finance
8. in section 99(17) after “97” insert “or Schedule 25, paragraph 15(3) or (3A)”.
in paragraph 10(f), in the paragraph substituted for Schedule 23 paragraph 11, for “7 to 9” substitute “7 and 9” and in paragraph 10(g) for “7 to 9” substitute “7 and 9”.
In paragraph 1 of Schedule 5 to the National Insurance and Supplementary Benefit Act 1973, for “ sections 1 to 6” substitute “ section 6”.
In section 11(3) of the Employment and Training Act 1973, for the words from “ the National” to “ that Act” substitute “ Part II of the Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner”.
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In section 3 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (as amended by the Social Services (Parity) Order (Northern Ireland) 1971, Schedule 5 paragraph 1)—
sickness benefit, invalidity benefit, non-contributory invalidity pension, injury benefit, disablement benefit ; and
for subsection (6) substitute—
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The following section shall be substituted for section 3 of the Judicial Pensions Act (Northern Ireland) 1951—
The following section shall be substituted for section 16 of that Act—
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in subsection (1)—
in paragraph (a)(ii) after " income tax " insert " or Class 4 contributions under Part I of the Social Security (Northern Ireland) Act 1975 or Part I of the Social Security Act 1975 ";
for paragraph (e) substitute—;
in subsection (1(3)(c) for the words from " for the purposes of" onwards substitute " for the purposes of the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975 as earnings paid in that period ".
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For section 5 of the Family Allowances Act (Northern Ireland) 1966. (claims and determination of questions) substitute—
In section 8 of that Act—
substitute the following for subsection (1)—.
in subsection (2) for " section 80(3)" substitute " section 119(3) " and for " section 80(3) and (4) " substitute " section 119(3) and (4) ";
in subsection (3), for " section 80(3)" substitute " section 119(3) ", and for the words from "benefit" onwards substitute " benefit or payments under Part II of the Social Security (Northern Ireland) Act 1975 or from allowances under the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 ".
In section 11 of that Act, substitute the following for subsection (5)—
Before section 12 of that Act insert—.
In section 15(2) of that Act for " section 79 of the Insurance Act" substitute " paragraph 3 or 4 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 ".
In section 21(3) of that Act for " section 96(3) and (7) of the Social Security Act" substitute " section 155(3) and (7) of the Social Security (Northern Ireland) Act 1975 ".
In section 12(1) of the Supplementary Benefits &c. Act (Northern Ireland) 1966, for the words from " unemployment" to " refuses" substitute " unemployment benefit under Chapter I of Part II of the Social Security (Northern Ireland) Act 1975 refuses ".
In section 17(1) of that Act, for paragraphs (a) and (b) substitute—; and for paragraph (d) substitute— .
In section 18(1) of that Act the following shall be substituted for paragraph (e) (as set out in the Social Security Act 1973, Schedule 27, paragraph 158)—
In section 19(2) of that Act for the words from " the National" to " 67(3)(c)" substitute " Part III of the Social Security (Northern Ireland) Act 1975 in like manner as a reference under section 99(2)(c) ".
In section 26 of that Act, substitute the following for subsection (4)—.
After section 37 of that Act insert—
In section 40(1) of that Act, for the definitions of " place of employment" and " trade dispute " substitute—.
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in paragraph 2(3) for the words from "any benefit" to " 1969" substitute " benefit under the Social Security (Northern Ireland) Act 1975 ";
in paragraph 11 (formerly 10A) in sub-paragraph (1)(a) for the words preceding " (disqualification " substitute " he is disqualified for receiving unemployment benefit under the Social Security (Northern Ireland) Act 1975 by virtue of section 20(1) of that Act ";
In this paragraph— For the purposes of this paragraph, the provisions of regulations under Chapter VI of Part II of the Social Security (Northern Ireland) Act 1975 relating to overlapping benefits shall not be treated as affecting the rate of attendance allowance to which a person is entitled.
in paragraph 20, for sub-paragraphs (a) and (b) substitute—;
in paragraph 24 (as substituted by paragraph 5 of Schedule 3 to the Social Security Benefits Act 1975)—
in sub-paragraph (3) for "Part I of the Social Security Act 1973 " substitute " Chapters I to III of Part II of the Social Security (Northern Ireland) Act 1975 ";
for sub-paragraph (4) substitute—
in sub-paragraph (5), for "the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".
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In section 1(4) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 for paragraph (d) substitute—
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In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words from the beginning to “ Fund” in the second place where it occurs substitute “ Subject to the provision made by section 129(5) of the Social Security (Northern Ireland) Act 1975 for reimbursement out of the Northern Ireland National Insurance Fund”.
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In Part I of Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 for paragraph 12 substitute—
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Sections 2 and 4.
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persons who cease by virtue of paragraph 2 above to be insured under the former principal Act,
persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before the appointed day, and
persons who had a prospective right to, or expectation of,
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that an Order in Council under section 105 of the former principal Act (reciprocity agreements) shall for the purposes of section 143 of the new Act have effect with such modifications as may be specified in the Order under this paragraph and shall have effect as if any reference in those sections to an agreement included a reference to a proposed agreement ;
that an Order in Council under section 84 of the former Industrial Injuries Act or section 143 of the new Act, and any regulations having effect by virtue of section 22(2) of the Family Allowances Act (which also relates to reciprocity agreements), shall have effect with such modifications as may be so specified.
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The Secretary of State shall continue to have power by regulations to make such transitional or consequential provisions as appear to him to be necessary or expedient having regard to the repeal by section 89 of the Act of 1946 of enactments in relation to diseases and to injuries not caused by accident, including provision for modifying or winding up any scheme made under an enactment repealed by that section; and for the avoidance of doubt, the provision which may be made by virtue of this paragraph for modifying such a scheme as is mentioned above includes provision for the union of any fund established under such a scheme with any other fund established for comparable purposes.
Her Majesty shall continue to have power by Order in Council to make or authorise the making of such provision as appears to Her to be necessary or expedient having regard to the provisions of section 89 of the Act of 1946, for— Provision in relation to deposits made under section 4 of the said Act of 1934 by mutual indemnity associations for any matters consequential on the passing of section 89 of the Act of 1946 may, notwithstanding the repeal of the said Act of 1934, continue to be made by rules under the said section 4.
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The repeal by this Act of Part II of Schedule 6 to the National Insurance Act 1969 does not affect any past operation of that Part of the Schedule in relation to increases of benefit.
The repeal by this Act of section 6(2) of the National Insurance Act 1974 (scope of revoking regulations relating to joint arrangements with Northern Ireland) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—
the Secretary of State’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue, notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and
subsection (3) of section 6 of the National Insurance Act 1974 (regulation-making powers exercisable by statutory instrument etc.) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.
The repeal by this Act of section 2(2) of the Social Security Amendment Act 1974 (vires for regulations made under section 40(4) of the 1973 Act) does not affect the validity of any regulations to which that subsection applies.
So much of any order made under paragraph 1 of Schedule 5 to the 1975 amending Act (commencement) as makes any incidental, supplementary or other provision by virtue of sub-paragraph (2)(a) of that paragraph shall continue in force notwithstanding any repeal effected by this Act. Insofar as such an order makes provision by reference to, or for the purposes of, an enactment repealed by this Act and replaced by a corresponding provision in the consolidations or this Act, that provision of the order shall continue in force by reference to, or for the purposes of, the said corresponding provision. For the purpose of continuing the Secretary of State’s power on and after the appointed day to make, vary and revoke orders under paragraph 1 of Schedule 5 to the 1975 amending Act, the references in that paragraph to that Act and provisions of it are to be construed as referring, or as including references, to this Act and the corresponding provisions of the consolidations.
Sections 139 and 141(2) of the new Act (consultation with N.I.A.C. and I.I.A.C.) shall not apply to regulations made, or to a draft of regulations laid before Parliament, if—
the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any provision of the 1975 amending Act relating to non-contributory invalidity pension or invalid care allowance and the regulations are made, or the draft is laid, before the day appointed for the coming into force of that provision (or, as the case may be, for the coming into force of the corresponding provision in the new Act); or
the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any other provisions of the 1975 amending Act (or, as the case may be, any other provisions of the new Act which correspond to those of the 1975 amending Act) and the regulations are made, or the draft is laid, before the expiration of the period of 6 months beginning with the passing of the 1975 amending Act.
The affirmative procedure provisions shall not apply to any regulations, order or scheme if— Where, apart from sub-paragraph (1) above, any of the affirmative procedure provisions would apply to an instrument, that instrument shall instead be subject to annulment in pursuance of a resolution of either House of Parliament. In this paragraph “the affirmative procedure provisions” means section 167(1) of the new Act and section 4(8)(a) of the Old Cases Act.
The Secretary of State may by regulations provide that paragraph 15(b)(ii) of Part V of Schedule 4 to the new Act shall have effect, in relation to a child in respect of whom no allowance is payable under the Family Allowances Act, as if for “£1·60” there was substituted “£1·80” in the case of a second qualifying child and “£1·70” in the case of any additional qualifying child beyond the first two (being the rates that would have applied apart from the provisions of section 2 of the 1975 amending Act). The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Paragraphs . . . 24, 26, 27, 29 and 30 above (but not paragraph 19, paragraphs 21 to 23, paragraph 25 or 28) apply to Northern Ireland with the substitution for any reference or words specified in column 1 of the following Table of the reference or words specified in relation thereto in column 2. A reference to the National Insurance (Industrial Injuries) Act 1946 (“the Act of 1946”). A reference to the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946. A reference to 26th August 1953 A reference to 21st October 1953. A reference to the National Insurance Act 1969. A reference to the National Insurance &c. (No. 2) Act (Northern Ireland) 1969. A reference to the Secretary of State. A reference to the Department of Health and Social Services for Northern Ireland. A reference to an instrument A reference to a statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958. The words “order or scheme” where they first occur in paragraph 29. The words “or order”. The words “order or scheme” in the second and third places where they occur in paragraph 29. The word “order”. The words from “subject to annulment” onwards (in paragraph 29(2)). The words “laid before the Northern Ireland Assembly after being made”. The words from “section 167(1)” onwards (in paragraph 29(3)). The words “section 156(1) of the new Act”. The words from “by statutory instrument” onwards (in paragraph 30(2)). The words “by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958; and any statutory rule containing any such regulations shall be laid before the Northern Ireland Assembly after being made.
A claim in respect of a period before 10th May 1966 for an allowance under a scheme made under the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1951 or under regulations made under the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1956 may be made, and, when made, shall be determined, and any award thereon in respect of such a period shall be made, as if the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966 and the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 had not been passed; and if on any such claim an allowance is awarded, section 5(2) of the said Act of 1975 shall apply as if the claimant had been receiving payment of that allowance immediately before 10th May 1966, whether or not he was in fact doing so. Regulations made by the Department under the said Act of 1975 may include provision for the payment or award in respect of any period beginning on or after the appointed day of an allowance under that Act without any further award or, as the case may be, any further claim, in a case where evidence of the satisfaction of the conditions for that allowance is afforded by the awards before that day or under sub-paragraph (1) of an allowance under a scheme or regulation mentioned in that sub-paragraph. An allowance paid under a scheme or regulation mentioned in sub-paragraph (1) in respect of any period commencing on or after the appointed day shall, except for the purposes of section 5(2) of the said Act of 1975, be treated as paid on account of an allowance under that Act and the amount of any allowance payable under that Act for that period shall be adjusted accordingly.
The Department shall continue to have power by regulations to make such transitional or consequential provisions as appear to it to be necessary or expedient having regard to the repeal by section 88 of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 of any enactment in relation to diseases and to injuries not caused by accident, including provisions for modifying or winding up any scheme made under any enactment repealed by that section and for the union of any fund established under any such scheme with any other fund established for comparable purposes.
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The repeal by this Act of section 5(2) of the National Insurance Measure (Northern Ireland) 1974 (scope of revoking regulations relating to joint arrangements with Great Britain) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—
the Department’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and
subsection (3) of section 5 of the National Insurance Measure (Northern Ireland) 1974 (regulations to be subject to negative resolution) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.