Social Security Act 1985
Paragraph 6(1)(a) of Schedule 16 to the Social Security Act 1973 (the effect of which is that an occupational pension scheme need not provide benefit for a member whose service in relevant employment is terminated before he has attained the age of 26) shall cease to have effect.
The Social Security Pensions Act 1975 shall be amended in accordance with Schedule 1 to this Act—
to introduce a premium payable in certain cases where an earner ceases to be in employment to which an occupational pension scheme applies and there is a transfer of his accrued rights;
to provide for the extinguishment of the liability of schemes to provide benefits which are secured by policies of insurance or annuity contracts;
to make further provision as to the revaluation of benefits under schemes; and
to ensure that schemes provide transfer values for their members.
The Social Security Pensions Act 1975 shall be amended in accordance with Schedule 2 to this Act in relation to information about occupational pension schemes.
The Social Security Pensions Act 1975 and the Social Security (Miscellaneous Provisions) Act 1977 shall be amended in accordance with Schedule 3 to this Act in relation to earnings factors and guaranteed minimum pensions.
The Secretary of State may by regulations provide who is to be treated as a manager of an occupational pension scheme for any of the purposes—
of the Social Security Acts 1975 to 1991; or
of the Social Security Act 1973 or
of Part VI of the Social Security Pensions Act 1975
Section 61B of the Social Security Pensions Act 1975shall apply to the power to make regulations under subsection (1) above as it applies to powers to make regulations under that Act.
Regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In this section “occupational pension scheme” has the meaning assigned to it by section 66 of the Social Security Pensions Act 1975.
In subsection (1) of section 41A of the Social Security Pensions Act 1975 (protection of earners’ pensions), the following words shall be substituted for the words from “than” to the end—.
The following subsection shall be inserted after subsection (1B) of that section—.
In subsection (1) of section 41B of that Act (protection of widows’ pensions), the following words shall be substituted for the words from “than” to the end—.
The following subsection shall be inserted after that subsection—.
In subsection (3) of that section, for the words “assumption specified in subsection (4) below” there shall be substituted the words “prescribed assumptions”.
Regulations under that subsection may be framed so as to have effect as from 1st January 1985.
In subsection (1)(b) of section 4 of the Social Security Act 1975 (incidence of Class 1 contributions), the words " primary Class 1 " shall be substituted for the word " such".
The following subsections shall be substituted for subsection (6) of that section—.
In section 7(1) of that Act (weekly rate of Class 2 contributions), "£3-50 " shall be substituted for " £4-75".
In section 8(1) of that Act (amount of a Class 3 contribution), " £3-40 " shall be substituted for " £4-65".
The following section shall be inserted after section 123 of that Act—.
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In regulation 133 of the Social Security (Contributions) Regulations 1979 (reduction of primary Class 1 contributions of dock workers) for “0.35” there shall be substituted “0.25”.
Subsection (2) above shall be deemed to have come into force on 6th April 1984.
In section 16 of the Social Security Act 1975 (invalidity allowance)—
in subsection (1), the words ", subject to the following provisions of this section " shall be inserted after the word " then " ;
the following subsections shall be inserted after subsection (2A)—; and
at the end of subsection (3), there shall be added the words " or, where subsection (2B) above applies, of the weekly rate payable under that subsection".
In section 28 of that Act (Category A retirement pension)—
the words " Subject to the following provisions of this section," shall be inserted at the beginning of subsection (7);
in that subsection, for the words from " equal" to the end there shall be substituted the words " equal to the appropriate weekly rate of the invalidity allowance on that day."; and
the following subsections shall be inserted after that subsection—.
In section 29 of that Act (Category B retirement pension), at the end of subsection (8) there shall be added the words " , subject to reduction or extinguishment of the increase by the application of section 28(7A) above.".
In section 59 of that Act (increase of unemployability supplement)—
the words " Subject to the following provisions of this section," shall be inserted at the beginning of subsection (1); and
the following subsections shall be inserted after that subsection—.
In sub-paragraph (4) above the reference to any increase under subsection (7) of section 28 of the principal Act shall be taken as a reference to any increase that would take place under that subsection if subsection (7A) were disregarded.
Where a person— until the relevant date the amending provision shall not operate in relation to him, so long as he continues to be entitled to the relevant benefit, in such a way as to reduce the total weekly rate of any benefits specified in subsection (8) below to which he is for the time being entitled to a rate lower than the total weekly rate of such benefits immediately before the commencement of the amending provision.
is entitled immediately before the commencement of a provision contained in this section ("the amending provision") to a benefit specified in subsection (8) below (" the relevant benefit"); and
continues to be entitled to the relevant benefit after the commencement of the amending provision,
Where— until the relevant date the amending provision shall not operate in relation to him, during any periods for which he is entitled to the relevant benefit, in such a way as to reduce the total weekly rate of benefits specified in subsection (8) below to which he is for the time being entitled to a rate lower than the total weekly rate of such benefits immediately before the commencement of the amending provision.
the conditions mentioned in subsection (6) (a) and (b) above are satisfied in relation to a person ; and
he ceases to be entitled to the relevant benefit after the commencement of the amending provision ; and
he subsequently becomes entitled to it again ; and
the interval between the date of his ceasing to be entitled to it and the date of his becoming entitled to it again is eight weeks or less ; and
the date of his becoming entitled to it again is earlier than the date in 1985 on which an order under sections 124 and 126A of the Social Security Act 1975 comes into force,
The benefits mentioned in subsections (6) and (7) above are— including any increase in respect of a dependant.
invalidity benefit;
Category A and Category B retirement pension; and
unemployability supplement,
In this section " the relevant date " means, in relation to any person, the first date on which there comes into force an order under sections 124 and 126A of the Social Security Act 1975 whose effect, taken with the effect of the amending provision, is more beneficial to him than the effect of subsections (6) and (7) above.
In section 20 of the Social Security Act 1975 (disqualifications for receipt of benefit), the following subsection shall be inserted after subsection (3)—.
Paragraph 11 of Schedule 1 to the Social Security Act 1979 (by virtue of which the additional conditions for the entitlement of a married woman to a Category A retirement pension imposed by section 28(2) of the Social Security Act 1975 continue to apply in relation to any woman who attained pensionable age before 6th April 1979, notwithstanding the repeal of that subsection) is hereby repealed.
Subsection (1) above shall be deemed to have come into force on 22nd December 1984.
In section 39 of the Social Security Act 1975 (retirement benefits for the aged)—
the words " or Category D " shall be omitted from subsection (2); and
the following subsection shall be inserted after that subsection—.
5A. Category D retirement pension (section 39). The higher rate for Category C retirement pensions under paragraph 5 above.
The following subsection shall be inserted after subsection (2) of section 45 of the Social Security Act 1975 (increase of Category A or C retirement pension or invalidity pension in respect of wife)—.
In section 45A of that Act (pension increase (husband))—
in subsection (1)(b), for the words " conditions specified in " there shall be substituted the words " requirements of either paragraph (a) or (b) of"; and
the following subsections shall be substituted for sub section (2)—.
The following subsection shall be substituted for subsection (4) of section 46 of that Act (increase of Category A or C retirement pension or invalidity pension in respect of female with care of children)—.
In section 47 of that Act (invalidity pension (dependent relative))—
in subsection (1), for the words " his weekly earnings exceed the amount so specified " there shall be substituted the words " he has earnings"; and
the following subsection shall be inserted after that subsection—.
The following subsections shall be substituted for subsections (3) to (6) of section 66 of that Act (increase of disablement pension in respect of adult dependant)—.
In section 84 of that Act (regulations for purposes of sections 45, 66 and other provisions of that Act) in subsection (4)(a), the words " his or her spouse " shall be substituted for the words " his wife".
The amendment made by subsection (6) above shall be deemed to have come into force on 13th July 1983.
The following subsection shall be substituted for section 84(5) of that Act—.
In section 60 of the Social Security Act 1975 (increase of disablement benefit for special hardship)—
the following subsection shall be inserted after subsection (1)—;
in subsection (2)(a), for the words “of his” there shall be substituted the words “, except to the extent that it falls to be treated as including such an occupation by virtue of regulations under subsection (1A) above,”;
in subsection (6)—
after the word “above”, in the first place where it occurs, there shall be inserted the words “and to subsection (6A) below,”; and
for the words “his regular occupation within the meaning of subsection (1) above” there shall be substituted the words “the relevant occupation”; and
the following subsections shall be inserted after that subsection—.
On a review under section 125 of the Social Security Act 1975 (duty to increase rate of benefits) made in June 1985 subsection (3) of that section shall have effect as if at the end of it there were added the words " and also adding—
to the rate of invalidity pension payable under any provision of this Act or the Pensions Act;
to any increase in the rate of invalidity pension which is payable in respect of an adult dependant;
to the amount of unemployability supplement; and
to the rate of a disablement pension where the beneficiary is entitled to an increase under section 66(1) above,
an additional sum equal to the difference between—
the sum that would have resulted from the review; and
the sum that would have resulted but for section 1 of the Social Security (No. 2) Act 1980 ".
The words " in the month of June " shall be omitted from subsection (1) of sections 125 and 126A of the Social Security Act 1975 (annual reviews of benefits for purposes of up-rating).
The following subsection shall be substituted for subsection (4A) of section 125—.
The following section shall be inserted immediately before section 166 of the Social Security Act 1975—.
In subsection (4) of section 5 of the Social Security and Housing Benefits Act 1982 (under which the entitlement limit for statutory sick pay is eight times the appropriate weekly rate) for " eight " there shall be substituted " 28".
There shall be omitted—
from subsection (2) of that section, the words " or tax year,";
from subsection (3), the words from " or ", in the first place where it occurs, to " question ", in the second place where it occurs ;
from subsection (5), the words " tax year or " ; and
paragraph 2(h) of Schedule 1 to the Social Security and Housing Benefits Act 1982.
The following section shall be inserted after section 15 of the Social Security Act 1975—.
The following subsection shall be inserted after subsection (3) of section 2 of the Social Security and Housing Benefits Act 1982 (periods of incapacity for work)—.
The following subsection shall be inserted after subsection (4) of section 3 of that Act (period of entitlement)—.
In Schedule 2 to that Act (relationship of statutory sick pay with benefits and other payments etc.)—
in paragraph 1, the words " , except as provided by paragraph 1A below, of " shall be inserted before the words " the Social Security Pensions Act 1975"; and
the following paragraph shall be inserted after that paragraph—.
In section 9 of the Social Security and Housing Benefits Act 1982 (recovery by employers of amounts paid by way of statutory sick pay)—
the following subsection shall be inserted after subsection (1)—;
in subsection (2), " and subsection (1A)" shall be inserted after " (1)(a)";
in subsection (5), after the words " statutory sick pay " there shall be inserted the words " or deductions or payments made by virtue of subsection (1A) above"; and
in subsection (7), " or subsection (lA)(c)" shall be inserted after " (1)(b)".
Regulations made under any enactment before the expiry of the period of six months beginning with the day on which this Act is passed and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) above may be framed so as to have effect as from a date earlier than the making of the regulations.
The enactments specified in Schedule 4 shall have effect subject to the amendments there specified.
In section 32 of the Social Security and Housing Benefits Act 1982 (subsidy)—
the following paragraphs shall be substituted for paragraphs (a) and (b) of subsection (2)—;
at the end of that subsection there shall be added (but not as part of paragraph (c)) the words " but shall be subject, in so far as it falls to be calculated in accordance with paragraph (a) or (b) above, to deduction of any amount which the Secretary of State considers it unreasonable to meet out of money provided by way of subsidy under subsection (1) above."; and
at the end of subsection (3) there shall be added (but not as part of paragraph (c)) the words " after any deduction has been made by virtue of subsection (2) above or an order under that subsection.".
The amendments made by subsection (1)(b) and (c) above shall be deemed to have come into force on 1st April 1985.
In section 1 of the Vaccine Damage Payments Act 1979—
in subsection (1), for “£10,000” there shall be substituted “the relevant statutory sum”;
the following subsection shall be inserted after that subsection—; and
the following subsection shall be inserted after subsection (4)—.
In the Pneumoconiosis etc. (Workers’ Compensation) Act 1979—
in section 1— “(5) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”; and
at the end of subsection (3) there shall be added the words “and any other disease which is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument.”; and
the following subsection shall be added after subsection (4)—
in section 4(4)—
the words “other than a disease specified in an order under section 1 above,” shall be inserted after “applies,” in paragraphs (a) and (b); and
the following paragraphs shall be added after paragraph (b)—.
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The following subsection shall be inserted after subsection (3) of section 12 of the Betting, Gaming and Lotteries Act 1963 (Horserace Totalisator Board)—.
The following subsection shall be inserted after subsection (6) of section 24 of that Act (Horserace Betting Levy Board)—.
The following paragraph shall be inserted after paragraph 5 of Schedule 1 to the Gaming Act 1968 (provisions as to Gaming Board for Great Britain)—.
Section 61(2) of the Social Security Pensions Act 1975 (reference of regulations to Occupational Pensions Board) shall not apply to regulations—
made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 2 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 2 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975 ;
made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 3 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 3 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975;
made under section 35(8) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 4 above;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 4 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 35(8) of the Social Security Pensions Act 1975;
made under section 41B(3) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 6(5) above; or
made under any enactment before the expiry of the period of six months beginning with the commencement of section 6(5) above and contained in a statutory instrument which states that it contains only provisions consequential on that subsection or such provisions and regulations made under section 41B(3) of the Social Security Pensions Act 1975.
The references in subsection (1) above to the commencement of section 3 above are references, in relation to any regulations, to the commencement of that section so far as it relates to the provision under which the regulations are made.
The references in subsection (1) above to the commencement of section 4 above are references to the commencement of that section so far as it relates to Part II of Schedule 3 to this Act.
Section 141(2) of the Social Security Act 1975 (reference of regulations to Industrial Injuries Advisory Council) and section 10(1) of the Social Security Act 1980 (reference of regulations to Social Security Advisory Committee) shall not apply—
to regulations made under any of sections 45 (2A), 45A(3), 46(4), 47(1A), 49 and 66(3) and (4) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 13 above;
subject to subsection (5) below, to regulations made under section 84(4) of that Act, before the expiry of the period of six months beginning with the passing of this Act; or
to regulations made under section 32 below before the expiry of the period of six months beginning with the commencement of any relevant provision of this Act.
The reference in subsection (1)(a) above to the commencement of section 13 above is a reference, in relation to any regulations, to the commencement of that section so far as it relates to the provision under which the regulations are made.
Section 167(3) of the Social Security Act 1975 (negative procedure for regulations) shall not apply to the first regulations under any of the provisions of that Act mentioned in subsection (1)(a) above.
The Secretary of State shall not make any such regulations unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (1)(b) above does not apply to regulations made under section 84(4) of the Social Security Act 1975 which could have been made if that subsection had not been amended by section 13 above.
The reference in subsection (1)(c) above to a relevant provision of this Act is a reference to a provision of this Act which the statutory instrument containing the regulations states is a provision—
in connection with the coming into force of which the Secretary of State considers it necessary or expedient to make the regulations ; or
which repeals or amends an enactment in connection with the operation of which the Secretary of State considers it necessary or expedient to make the regulations.
Section 141(2) of the Social Security Act 1975 shall not apply to regulations—
made under section 60(1 A) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 14 above ; or
made under any enactment before the expiry of the period of six months beginning with the commencement of section 14 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 60(1 A) of the Social Security Act 1975.
Section 10(1) of the Social Security Act 1980 shall not apply to regulations—
made under section 4 (6A) or (6D) or 13 (5A) of the Social Security Act 1975 or section 6(5A) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 7 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 7 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 4(6A) or (6D) or 13(5A) of the Social Security Act 1975 or section 6(5A) of the Social Security Pensions Act 1975 ;
made under section 15A of the Social Security Act 1975 or section 2 (3A) or 3 (4A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 18 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 18 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any provision inserted by it in the Social Security Act 1975 or the Social Security and Housing Benefits Act 1982 ;
made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 19 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 19 above and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) of that section or such provisions and regulations made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 ;
made under section 22(8) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act;
made under any enactment before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that paragraph or such provisions and regulations made under section 22(8) of the Social Security Act 1975 ;
made under section 165A(1) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 17 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 17 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 165A(1) of the Social Security Act 1975;
made under section 17(2A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commence-mention of section 20 above ;
made under any enactment before the expiry of the period of six months beginning with the commencement of section 20 above and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that section or such provisions and regulations made under section 17 (2A) of the Social Security and Housing Benefits Act 1982.
Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.
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The enactments mentioned in Schedule 5 to this Act shall have effect with the amendments there specified.
The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in the third column of that Schedule.
shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
shall be subject to annulment in pursuance of a resolution of either House.
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Section 29 above extends to Northern Ireland so far as it relates—
to paragraphs 1, 2, 35, 37 and 39 of Schedule 5 to this Act; and
to the repeal in Schedule 6 to this Act of paragraph 6 of Schedule 7 to the Health and Social Security Act 1984.
Section 30 above, this section, and sections 32 and 33 below extend to Northern Ireland.
Section 23 above extends to Northern Ireland and the Isle of Man.
Except as provided by subsections (1) to (4) above, this Act extends to England and Wales and Scotland only.
Subject to the following provisions of this section, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this section for different provisions or different purposes of the same provision.
The following provisions of this Act— section 4, so far as it relates to Part I of Schedule 3; section 6(5) and (6); section 8; sections 10 and 11; section 13(6) and (7); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; section 19; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; sections 23 to 28; section 29(1) so far as it relates to paragraphs 22, 34, 36 and 37 of Schedule 5; section 29(2), so far as it relates to the repeals in— section 41D of the Social Security Pensions Act 1975; section 22(7) of the Social Security (Miscellaneous Provisions) Act 1977; the Social Security Act 1981; and the Health and Social Security Act 1984; sections 30 and 31; this section; and section 33, shall come into force on the day this Act is passed.
The following provisions of this Act— section 17; section 29(1), so far as it relates to paragraphs 7, 8 and 14 of Schedule 5; section 29(2), so far as it relates to the repeals in sections 79, 82 and 90 of the Social Security Act 1975, shall come into force at the end of the period of 6 weeks beginning with the day on which this Act is passed.
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was entitled to benefit (as defined in Schedule 20 to the Social Security Act 1975) in respect of a period before the date on which the provisions mentioned in subsection (3) above come into force or was treated as having been so entitled; and
would not have been so entitled or, as the case may be, treated as so entitled, if those provisions had then been in force; and
claims benefit in respect of a period beginning on or after the date on which those provisions come into force,
Sections 18 and 20 above shall come into force on 6th April 1986.
The Secretary of State may by regulations made by statutory instrument make such transitional and consequential provision (including provision modifying any enactment contained in this or any other Act) or saving as he considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(which among other things make provision about the extent of powers to make regulations) shall apply to the power to make regulations conferred by this section as they apply to any power to make regulations conferred by that Act.
This Act may be cited as the Social Security Act 1985.
This Act may be cited together with— as the Social Security Acts 1975 to 1985.
the Social Security Acts 1975 to 1984; and
section 25 of the Health and Social Services and Social Security Adjudications Act 1983 and Schedule 8 to that Act,
The following section shall be inserted after section 44 of the Social Security Pensions Act 1975—.
The following shall be inserted at the beginning of Part IV of that Act—.
The following Schedule shall be inserted after Schedule 1 to that Act—.
The following shall be inserted after section 56 of the Social Security Pensions Act 1975— .
to the calculation—
of the additional component in the rate of any long-term benefit; or
of any guaranteed minimum pension ; or
to any other calculation required under Part III of this Act (including that Part as modified by or under any other enactment),".
In subsection (7) of section 35 of that Act (earner’s guaranteed minimum) for the words from “he” to “terminated”, in the second place where it occurs, there shall be substituted the words “the final relevant year shall be determined for the purposes of subsection (2) above by reference to the last order under section 21 above to come into force before the end of the tax year in which the service in question is terminated and without reference to the last such order to come into force before the end of the final relevant year”. Any document the contents of which are in terms corresponding to those of section 35(7) of the Social Security Pensions Act 1975, as that subsection stood immediately before the passing of this Act, shall be construed as if its contents were and always had been in terms corresponding to those of that subsection as amended by sub-paragraph (1) above.
The following subsections shall be inserted after subsection (4) of section 41C of the Social Security Pensions Act 1975 (provisions supplementary to sections 41A and 41B)—.
The following paragraph shall be substituted for subsection (6)(a) of section 44 of the Social Security Pensions Act 1975 (state scheme premiums)—.
The following paragraph shall be substituted for subsection (3)(a) of section 45 of that Act (limited revaluation premiums)—.
The following paragraph shall be substituted for subsection (1)(a) of section 21 of the Social Security (Miscellaneous Provisions) Act 1977 (calculation of guaranteed minimum pensions preserved under approved arrangements)—.
The provisions of this Part of this Schedule other than paragraph 3 above shall be deemed to have come into force on 6th April 1979. Paragraph 3 above shall be deemed to have come into force on 1st January 1985.
In section 35 of the Social Security Pensions Act 1975 (earner’s guaranteed minimum)—
in subsection (8) (by virtue of which a scheme which provides for revaluation under subsection (7) must make the same provision for all its members), after the word “applies” there shall be inserted the words “, except in such cases or classes of case as may be prescribed,”; and
the following subsection shall be inserted after that subsection—.
Section 21.
In section 24(1) of the Attachment of Earnings Act 1971 (meaning of “earnings”), the following paragraph shall be inserted after paragraph (b)—.
In subsection (8) of section 22 of the Social Security Act 1975 (maternity allowances), after the word “above” there shall be inserted the words “and Schedule 3, Part I, paragraph 3”.
In section 36 of that Act (severe disablement allowance), the following subsection shall be inserted after subsection (4)—.
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The following subsections shall be inserted after subsection (6) of section 3 of the Social Security and Housing Benefits Act 1982 (periods of entitlement)—.
The following provisions of that Act (which relate to certain payments wrongly made)— shall cease to have effect.
section 24 ; and
paragraphs 7 to 11 of Schedule 2,
In subsection (1) of section 26 of that Act (interpretation) the following definition shall be substituted for the definition of " employer " —. Sub-paragraph (1) above shall not have effect in relation to periods of entitlement (within the meaning of section 3 of that Act) beginning before the commencement of this paragraph.
In section 26(2) of that Act for the words " his average weekly earnings in the relevant period " there shall be substituted the words " the average weekly earnings which in the relevant period have been paid to him or paid for his benefit".
Section 29(1).
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the following subsection shall be inserted after subsection; and
in subsection (3), for the words " Subsections (1) and (2)" there shall be substituted the words " Subsections (1), (2) and (2A)".
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In section 13 of that Act—
in paragraph (a) of subsection (5) (earnings factors), after the word “rise” there shall be inserted the words “, subject to subsection (5A) below,”; and
the following subsection shall be inserted after that subsection—.
The following subsection shall be added at the end of section 18 of that Act (duration of unemployment benefit)—.
The following section shall be substituted for section 83 of that Act—.
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In section 122 of that Act (additional power to alter contributions)—
in subsection (1), the following paragraphs shall be substituted for paragraph (a)—and
in subsection (4), for the words from " 4(6)" to the end there shall be substituted the words 4 of this Act by altering—.
The following paragraph shall be substituted for subsection (1)(d) of section 124 of that Act (power to increase rates of benefit)—.
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for " determined ", in each of the paragraphs defining " the appropriate national health service allocation" and "the appropriate employment protection allocation" there shall be substituted " estimated"; and
for the words from "and in this subsection" to the end there shall be substituted the words " and in this subsection 'estimated' means estimated by the Secretary of State in any manner which after consulting the Government Actuary he considers to be appropriate and which the Treasury has approved".
In section 167 of that Act (parliamentary control or orders and regulations)—
in subsection (2), for “120 or 122” there shall be substituted “4, 120, 122 or 123A”; and
in subsection (3)—
after “section” there shall be inserted “4”; and
after “122” there shall be inserted “, 123A”.
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In paragraph 1 of Schedule 1 to that Act (Class 1 contributions where earner employed in more than one employment)—
in sub-paragraph (1A), the following words shall be substituted for the words from " the amount " to the end—; and
The amount of the primary Class 1 contribution shall be the aggregate of the amounts obtained— In relation to earners paid otherwise than weekly, any reference in sub-paragraph (1A) or (1B) above to the lower or upper earnings limit shall be construed as a reference to the prescribed equivalent of that limit. The amount of the secondary Class 1 contribution shall be the aggregate of the amounts obtained—
" Entitled " and cognate expressions In relation to any benefit, see— the provisions specifically relating to that benefit; in the case of a benefit specified in section 12(1), section 13; and section 165A.
In section 1(1))(b) of the Social Security Pensions Act 1975 (earnings limits), the words " primary Class 1 " shall be substituted for the word " such".
In section 6 of that Act (rate of Category A retirement pension)—
in subsection (5), for the word “References”, in the first place where it occurs, there shall be substituted the words “Subject to subsection (5A) below, references”; and
the following subsection shall be inserted after that subsection—.
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The following subsection shall be substituted for subsection (5) of section 36 of that Act—.
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where it first occurs in subsection (2) of section 40 of the Social Security Pensions Act 1975 (financing and assurance of benefits); and
in subsection (1) of section 41 of that Act (sufficiency of resources of occupational pension schemes).
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in subsection (2), " (1C)" shall be substituted for " (1)"; and
in subsection (6), " subsections (1)(c) and (1C)(b)" shall be substituted for " subsection (1)(c) and (ii)".
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in subsection (2), " (1A) " shall be substituted for " (1)"; and
in subsection (5), " subsections (1)(c) and (1A)(b)" shall be substituted for " subsection (1)(c) and (ii)".
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in paragraph (a), after the word " arrangements" there shall be inserted the words " and have not been disposed of so as to discharge the trustees or managers of the scheme under paragraph 16 of Schedule 1A to this Act"; and
in paragraph (b), for the words " so subject" there shall be substituted the words " subject to approved arrangements.".
In section 46 of that Act (provisions as to actuarial tables) the words “sections 44(7), 44A(3) and 45(4)” shall be substituted—
in subsection (1), for the words “sections 44(7) and 45(4)”; and
in subsection (3), for the words “section 44(7) and 45(4)”.
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The words “under section 38 of this Act” shall be omitted from subsection (5)(b) of section 59 of that Act (increase of official pensions).
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In subsection (4) of section 68 of that Act (provisions extending to Northern Ireland) for the words “Section 57 of this Act extends” there shall be substituted the words “Sections 56B, 56N and 57 of this Act extend”.
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in sub-paragraph (2), after the word " deemed " there shall be inserted the words " , in a case where the relevant event took place before the day of the passing of the Social Security Act 1985,"; and
there shall be added at the end of that sub-paragraph (but not as part of paragraph (b)) the words "and shall be deemed, in a case where the relevant event took place on or after the day of the passing of the Social Security Act 1985, to be an amount equal to—
6-25 per cent, of the total reckonable earnings mentioned in paragraph (a) above ; and
41 per cent, of the total reckonable earnings mentioned in paragraph (b) above.".
In section 9(7) of the Social Security Act 1980, for the words “the Social Security Acts 1975 to 1984)”, in both places where they occur, there shall be substituted with words “the Social Security Acts 1975 to 1985”.
In section 20 of the Social Security and Housing Benefits Act 1982 (offences and penalties) “3(4A)(b)” shall be inserted after “section”.
In section 26(5) of the Health and Social Security Act 1984, for the words from “and” in the first place where it occurs to “extend” there shall be substituted the words “extends”.
In regulation 98(c) of the Social Security (Contributions) Regulations 1979 (amount of Class 2 contribution of share fishermen) “£6.30” shall be substituted for “£7.55”.
Section 29(2). Chapter Short title Extent of repeal 1973 c. 38. Social Security Act 1973. In Schedule 16, paragraph 6(1)(a). 1975 c. 14. Social Security Act 1975. Section 28(2) so far as unrepealed. In section 39(2), the words “or Category D”. Section 45(3) and (4). Section 79(1), (2) and (4). Section 82(1) and (2). In section 90(3), the reference to subsection (1) of section 79. In section 125(1), the words “in the month of June”. In section 126A(1), the words “in the month of June”. In Schedule 4, in Part III, in paragraph 5, the words “or Category D”. 1975 c. 60. Social Security Pensions Act 1975. In section 26(2), the words “this Part of”. In section 34(4), paragraph (b) and the word “or” immediately preceding it. Section 41A(4)(i). Section 41B(4). In section 41D, the words “or not”. In section 59(5)(b), the words “under section 38 of this Act”. In section 66, in subsection (1), the definition of “accrued rights”, and subsection (5). In Schedule 4, paragraph 36(b). Chapter Short title Extent of Repeal 1977 c. 5. Social Security (Miscellaneous Provisions) Act 1977. In section 5(1), the words from “and accordingly” onwards. In section 22, in subsection (7), the words “35(7) and” and subsections (9) to (11). 1979 c. 18. Social Security Act 1979. In Schedule 1, paragraph 11. 1980 c. 30. Social Security Act 1980. In section 3, subsection (6) and in subsection (7), the words from “and in” to the end. 1981 c. 33. Social Security Act 1981. In Schedule 2, paragraph 3. 1982 c. 2. Social Security (Contributions) Act 1982. Section 1(5). In Schedule 1, paragraph 1(3). 1982 c. 24. Social Security and Housing Benefits Act 1982. In section 5, in subsection (2), the words “or tax year”, in subsection (3), the words from “or”, in the first place where it occurs, to “question”, in the second place where it occurs and in subsection (5), the words “tax year or”. Section 24. In Schedule 1, paragraph 2(h). In Schedule 2, paragraphs 5 and 7 to 11. 1984 c. 48. Health and Social Security Act 1984. In Schedule 7, paragraph 6.