Statement for Side Event: "Donbas: Surviving Hell” – Documentary evidences of extrajudicial executions, enforced disappearances, torture and gender-conditioned violence
The following paragraph shall be substituted for section 35(1)(b) of the Social Security Act 1975—
Section 35 of the Social Security Act 1975 shall have effect as amended by subsection (1) above only for the purposes—
of any determination by the Attendance Allowance Board or a delegate appointed under paragraph 5 of Schedule 11 to that Act following a claim made after the passing of this Act;
of any review by the Board or by such a delegate following an application made after the passing of this Act;
of any review by the Board or by such a delegate under section 106(1)(a) or (bb) of the Social Security Act 1975 following a decision to conduct such a review made after the passing of this Act; and
of any issue, revocation or alteration of a certificate relating to attendance allowance which takes place following a determination, review or appeal such as is mentioned in paragraph (a), (b) or (c) above.
The following section shall be inserted after section 59A of the Social Security Act 1975—
In section 63 of the Social Security Act 1986 (annual up-rating of benefit)—
the following paragraph shall be inserted after subsection (1)(e)—; and
in subsection (3)(b), for the words “or (d)” there shall be substituted the words “, (d) or (ee)”.
Section 59A(8) of the Social Security Act 1975 shall be modified in the case of a person who retired from regular employment before 6th April 1987 by the substitution for “140 per cent.” of “100 per cent.”.
A person who—
on 10th April 1988; or
on the day before subsection (1) above comes into force,
satisfies the conditions— shall be entitled to that allowance for life.
that he has attained pensionable age;
that he has retired from regular employment; and
that he is entitled to reduced earnings allowance,
In the case of any beneficiary who is entitled to reduced earnings allowance by virtue of subsection (4) above, the allowance shall be payable, subject to any enactment contained in Chapter VI of Part II of the Social Security Act 1975 and to any regulations made under any such enactment, at the weekly rate at which it was payable to the beneficiary on the relevant date or would have been payable to him on that date but for any such enactment or regulations.
For a beneficiary who is entitled to reduced earnings allowance by virtue of subsection (4)(a) above the relevant date is 10th April 1988.
For a beneficiary who is entitled to it by virtue of subsection (4)(b) above the relevant date is the day before subsection (1) above came into force.
After subsection (1) above comes into force no person over pensionable age and retired from regular employment shall be entitled to reduced earnings allowance otherwise than under subsection (4) above.
References in subsections (3), (4) and (8) above to a person who has retired from regular employment include references—
to a person who under subsection (3) of section 27 of the Social Security Act 1975 is treated for the purposes of that Act as having retired from regular employment; and
to a person who under subsection (5) of that section is deemed for those purposes to have retired from it.
Schedule 1 to this Act shall have effect in relation to industrial death benefit.
In section 20 of the Social Security Act 1986—
the following subsection shall be inserted after subsection (5)—; and
in subsection (6) the words “, beginning with the week in which a claim for it is made or is treated as made” shall cease to have effect.
In paragraph (a) of subsection (3) of section 20 of the Social Security Act 1986 (by virtue of which a person in Great Britain is entitled to income support if he is of or over the age of 16) for “16” there shall be substituted “18 or, in prescribed circumstances and for a prescribed period, of or over the age of 16 or he is a person to whom subsection (4A) below applies;”.
The following subsections shall be inserted after subsection (4) of that section—
The following paragraph shall be inserted after subsection (1)(a) of section 2 of the Child Benefit Act 1975—.
In section 4(1) of that Act, after the word “above” there shall be inserted the words “or by virtue of section 2(1)(aa) above and regulations made under that paragraph”.
The Secretary of State shall review the level of child benefit in April of each year, taking account of increases in the Retail Price Index and other relevant external factors.
Schedule 3 to the Social Security Act 1975 shall be amended as follows.
In paragraph 1—
in sub-paragraph (2)(a), for the words “in respect of any one year have actually paid contributions of a relevant class,” there shall be substituted the words have actually paid contributions of a relevant class—; and
in sub-paragraph (3)—
in paragraph (a), for the words “relevant past year” there shall be substituted the words “last two complete years before the beginning of the relevant benefit year”; and
in paragraph (b), for the words “than that” there shall be substituted the words “in each of those years than the”.
In paragraph 8(3), the words from “paragraph (b)”, in the first place where those words occur, to “of”, in the fourth place where it occurs, shall cease to have effect.
Paragraph 9 shall cease to have effect.
In section 5 of the Social Security (No. 2) Act 1980 (which provides for the reduction of unemployment benefit for a person who has attained the age of 60 if payments by way of occupational pension exceeding a prescribed sum are made to him for any week)—
in subsections (1) and (6), for “60” there shall be substituted “55”; and
in subsection (6), for “sixtieth” there shall be substituted “fifty-fifth”.
The Secretary of State may make arrangements— for the making on his behalf by members of the staff of any such authority or body of payments on account of benefits to which section 51 of the Social Security Act 1986 applies in circumstances corresponding to those in which the Secretary of State himself has the power to make such payments under section 51(1)(t) of that Act; and a local authority to which this section applies shall have power to enter into any such arrangements.
with a local authority to which this section applies; or
with any other body,
A payment under any such arrangements shall be treated for the purposes of any Act of Parliament or instrument made under an Act of Parliament as if it had been made by the Secretary of State.
The Secretary of State shall repay a local authority or other body such amount as he determines to be the reasonable administrative expenses incurred by the authority or body in making payments in accordance with arrangements under this section.
The local authorities to which this section applies are—
a local authority as defined by section 270(1) of the Local Government Act 1972, other than a parish or community council;
the Common Council of the City of London; and
a local authority as defined in section 235(1) of the Local Government (Scotland) Act 1973.
Increases and reductions of benefit under the Social Security Act 1975 which in pursuance of any enactment to which this section applies fall to be calculated by reference to a person’s earnings shall be calculated by reference to earnings from employment or to earnings from payments by way of occupational pension or to earnings of both descriptions, if the person is entitled to them.
This section applies to sections 41, 44 to 47, 64 and 66 of the Social Security Act 1975.
Schedule 3 to this Act shall have effect to make amendments of enactments relating to the social fund.
It is hereby declared that the orders to which this section applies were validly made and that the Secretary of State is under no duty to revoke them.
The orders to which this section applies are—
the Social Security Benefits Up-rating (No. 2) Order 1987;
the Occupational Pensions (Revaluation) Order 1987.
Regulations may establish one or more schemes to provide benefits for prescribed descriptions of— with a view to helping and encouraging them to have access to, and to incorporate in their diets, food of a prescribed description.
pregnant women,
mothers, and
children,
Before establishing, or varying, a scheme the Secretary of State must consult ... the National Assembly for Wales (“the Assembly”).
A scheme may, in particular, specify requirements that must be satisfied—
before a person may become entitled to a benefit;
for a beneficiary to remain entitled to a continuing benefit.
do not receive it;
do not receive the amount to which they are so entitled.
A scheme may also include provision—
for a benefit to consist of food of a prescribed description being provided by—
a person who supplies, or arranges for the supply of, food of that description for beneficiaries under the scheme;
a person providing a service (such as day care) for the recipient of the benefit; or
a health service body;
for the use of vouchers, or similar arrangements, in connection with the provision of benefits;
that a person taking part in the scheme, otherwise than as a beneficiary, must be registered under the scheme;
for the payment by the Secretary of State of sums to persons registered in accordance with a provision of a kind mentioned in paragraph (c), in respect of things provided or done by them in accordance with the scheme;
for the making of payments to such persons entitled to receive benefits as may be determined by or under the scheme;
for the delegation, in accordance with provisions of the scheme, of prescribed functions under the scheme;
for the scheme, or prescribed provisions of the scheme, to be administered on behalf of the Secretary of State by such health service body, or other description of body, as may be prescribed;
requiring prescribed categories of persons to take reasonable steps to provide— such information or evidence as may be reasonably needed in connection with administering the scheme.
to a person authorised for the purpose in accordance with the scheme,
on production, if required, of evidence of his authority,
Provision of a kind mentioned in subsection (4)(h) may, in particular—
require information or evidence to be provided in a legible form;
he may take copies of them or extracts from them; and
he may require that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them; and
authorise the taking of copies or making of extracts;
require an explanation by the information provider of anything which he has provided;
require an information provider to state, to the best of his knowledge and belief, where information or evidence that he has failed to provide is held.
The power to prescribe descriptions of food (conferred by subsection (1)) is to be exercised, in relation to the operation of a scheme in Wales, by regulations made by the Assembly.
The Secretary of State may give such directions— as he considers appropriate.
to a body administering a scheme (or part of a scheme),
in relation to matters relating to the operation of the scheme (or that part of the scheme),
The Assembly may, with the agreement of the Secretary of State, give such directions— as it considers appropriate.
to a body administering a scheme (or part of a scheme),
in relation to matters relating to the operation of the scheme (or that part of the scheme) in Wales,
A scheme may direct that prescribed enactments relating to the administration of benefit under the Social Security Administration Act 1992 (c. 5) (including enactments relating to offences and criminal proceedings) are to have effect for the purpose of administering the scheme subject to such modifications (if any) as may be prescribed.
The Secretary of State may not make a statutory instrument containing the first set of regulations made under subsection (1) unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
In this section—
“scheme” means a scheme made under this section;
“women” includes persons under the age of 18.
“prescribed” means prescribed by regulations;
“food” includes vitamins, minerals and other dietary supplements;
“regulations”, except in subsection (6), means regulations made by the Secretary of State;
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The following section shall be inserted after section 75 of the National Health Service (Scotland) Act 1978—
There shall be paid out of money provided by Parliament—
any expenses incurred under this Act by a Minister of the Crown; and
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under section 9 above, excluding any category of expenses which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.
There shall be paid into the Consolidated Fund any increase by virtue of this Act in sums so payable by virtue of any other Acts.
Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 (regulations and orders: general provisions) shall apply in relation to any power conferred by any provision of this Act to make orders or regulations under this Act as they apply in relation to any power conferred by that Act to make orders or regulations, but as if for references to that Act there were substituted references to this Act.
A statutory instrumentmade by the Secretary of State— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) any orders or regulations under this Act, other than orders under section 18 below, and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
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The enactments mentioned in Schedule 4 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).
The enactments mentioned in Schedule 5 to this Act (which include enactments already obsolete or unnecessary) 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.
The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.
Subsection (1) above applies to the following provisions of this Act— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , section 16(2), so far as it relates— section 17; this section; sections 19 and 20.
to sections 45, 45A, 46, 47B and 66 of the Social Security Act 1975;
to Schedule 1 to the Social Security Act 1980; and
to section 13(4)(a) of the Social Security Act 1985;
Subject to subsections (1) and (2) above, this Act shall come into force on such day as the Secretary of State may by order . . . appoint, and different days may be appointed in pursuance of this section for different provisions or different purposes of the same provision.
The Secretary of State may by regulations . . . make— as he considers necessary or expedient in preparation for or 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.
such transitional provision;
such consequential provision; or
such savings,
Regulations under subsection (4) above may make modifications of any enactment contained in this or in any other Act.
In subsection (5) above “modifications” includes additions, omissions and amendments.
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A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (1) of section 14 above extends only to England and Wales and subsection (2) of that section extends only to Scotland.
Sections 17 and 20(1) of this Act and this section extend to Northern Ireland, and section 18(1) and (2) extend there so far as they relate to those provisions.
The extent of any amendment or repeal of an enactment in Schedule 4 or 5 to this Act is the same as that of the enactment amended or repealed.
Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.
This Act may be cited as the Social Security Act 1988.
Sections 1 to 12 above (including Schedules 1 to 3 to this Act) and sections 15 to 19 above (including Schedules 4 and 5) and this section, so far as they have effect for the purposes of sections 1 to 12 above, may be cited together with the Social Security Acts 1975 to 1986 and the Social Fund (Maternity and Funeral Expenses) Act 1987 as the Social Security Acts 1975 to 1988.
In Schedule 4 to the Social Security Act 1975, in Part V, paragraphs 13(b) and 14, “£4115” shall be substituted for “£4170”.
The repeals by the Social Security Act 1986 of the enactments mentioned in paragraph 8 of Schedule 3 to that Act other than the repeals of sections 67(2)(b) and 71 to 74 of the Social Security Act 1975, shall only take effect in relation to deaths occurring on or after 11th April 1988.
Section 69 of the Social Security Act 1975 (widower’s death benefit) shall cease to have effect except in relation to deaths before 11th April 1988.
Paragraph 9 of Schedule 3 to the Social Security Act 1986 shall cease to have effect.
In paragraph 10 of that Schedule—
after the word “dies” there shall be inserted the words “on or after 11th April 1988”; and
the following sub-paragraph shall be substituted for sub-paragraph (iv)—
The provisions to which this paragraph applies are—
Section 9.
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in sub-paragraph (2), in the definition of “relevant date”, after the word “means” there shall be inserted the words “, subject to regulations under sub-paragraph (2C) below,”; and
Regulations —
Section 32 of the Social Security Act 1986 shall be amended as follows.
The following subsection shall be inserted after subsection (2)—
Subsection (3) shall cease to have effect.
The following subsections shall be inserted after subsection (7)—
In subsection (8) the words from “and” to the end shall cease to have effect.
The following subsections shall be inserted after that subsection—
The following subsections shall be inserted after subsection (9)—
Section 33 of the Social Security Act 1986 shall be amended as follows.
At the end of subsection (1) there shall be added the words, “in such form and manner as may be prescribed”.
The following subsection shall be inserted after subsection (1)—
The following subsection shall be inserted after subsection (4)—
In subsection (9)(e) for “(8)” there shall be substituted “(8A) to (8D)”.
The following subsection shall be inserted after subsection (10)—
The Social Security Act 1986 shall also be amended as follows.
The words “to him” shall be omitted from section 34(1) (a).
In sections 51(2), 52(6) and 53(10) (claims and payments, adjudication and overpayments) after “32(2)(a)” there shall be inserted “or (2A)”.
Section 16.
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The following subsection shall be substituted for section 12(2) of the Employment and Training Act 1973—
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The following subsection shall be inserted after subsection (2) of section 17 (determination of days for which benefit is payable)—
In section 22 (maternity allowance)—
at the end of subsection (4) there shall be added the words “unless the woman is disqualified for receiving a maternity allowance in respect of that day by virtue of regulations under subsection (3)(a) above”; and
the following subsection shall be inserted after that subsection—
In section 44 (short-term benefit increase for adult dependants)—
in subsection (1)(b), for the words “is not engaged in any one or more employments from which her weekly earnings” there shall be substituted the words “does not have weekly earnings which”; and
in subsection (3)(a), for the words “is not engaged in any one or more employments from which his weekly earnings exceed the amount so specified” there shall be substituted the words “does not have weekly earnings which exceed the amount so specified”.
In section 45 (pension increase (wife))—
in subsection (2)(b), for the words “is not engaged in any one or more employments from which her weekly earnings” there shall be substituted the words “does not have weekly earnings which”; and
in subsection (2A), the words “is engaged in any one or more employments from which she” shall cease to have effect.
In section 45A (pension increase (husband))—
in subsection (2)(b), for the words “is not engaged in any one or more employments from which his weekly earnings” there shall be substituted the words “does not have weekly earnings which”; and
in subsection (3), the words “is engaged in any one or more employments from which he” shall cease to have effect.
In subsection (4) of section 46 (pension increase (female with care of children)) the words “from employment by the pensioner” shall cease to have effect.
In subsection (1)(a) of section 47 (invalidity pension (dependant relative)) for the words “is not engaged in any one or more employments from which he has earnings” there shall be substituted the words “does not have earnings”.
The following subsection shall be inserted after subsection (1) of section 50 (descriptions of industrial injuries benefits)—
In section 59A (reduced earnings allowance)—
in subsection (8), after the words “disablement pension”, in the second place where they occur, there shall be inserted the words “(not including increases in disablement pension under any provision of this Act)”; and
the following subsection shall be inserted after subsection (10) of section 59A (reduced earnings allowance)—
In section 66 (adult dependants) there shall cease to have effect—
in subsection (3), the words “from any one or more employments”; and
in subsection (4) the words “is engaged in any one or more employments from which he or she”.
At the end of subsection (1)(c) of section 104 (review of decisions) there shall be added or.
The provisions of the Social Security Act 1986 specified in paragraphs 16 to 19 below (all of which relate to statutory maternity pay) shall be amended as provided in those paragraphs.
In paragraph (e) of section 46(8), for the words “subsection (2)(a) or (b) above or both” there shall be substituted the words “any of the provisions specified in subsection (9) below”. The following subsection shall be inserted after that subsection—
At the end of section 48(2) there shall be added the words “or the weekly rate prescribed under subsection (3) below, whichever is the higher”.
In section 50(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract” shall cease to have effect.
In paragraph 11 of Schedule 4, for the word “Any” there shall be substituted the words “Except as may be prescribed, a”. The following paragraph shall be inserted after that paragraph—
The following subsection shall be added at the end of section 30 (housing benefit finance)—
The Social Security Act 1986 shall also be amended as follows.
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the following paragraph shall be inserted after paragraph (d)—; and
the following paragraph shall be added at the end—.
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The following subsection shall be inserted after subsection (5) of section 23 (trade disputes)—. In subsection (6) of that section, for the words “subsection (5) above” there shall be substituted the words “this section”.
The following section shall be inserted after section 23—
The following subsection shall be inserted after section 29(7)—
The following subsection shall be inserted after section 33(8)—
The following subsection shall be inserted after section 53(7)—
Paragraphs 26 to 28 above shall be deemed to have come into force on 6th April 1987.
In paragraph (c) of subsection (10) of section 53 before “income” there shall be inserted “subject to subsection (10A) below,”. The following subsection shall be inserted after that subsection—
Section 16. 1964 c. 60. Emergency Laws (Re-enactments and Repeals) Act 1964. Section 4. 1968 c. 46. Health Services and Public Health Act 1968. Section 61. 1975 c. 14. Social Security Act 1975. In section 45(2A), the words “is engaged in any one or more employments from which she”. In section 45A(3), the words “is engaged in any one or more employments from which he”. In section 46(4), the words “from employment by the pensioner”. Section 47B(1)(b) and the word “and” immediately preceding it. Section 59A(11). In section 66, in subsection (3), the words “from any one or more employments” and in subsection (4), the words “is engaged in any one or more employments from which he or she”. Section 69. In Schedule 3, paragraph 1(4)(b), in paragraph 8(3), the words from “paragraph (b)” in the first place where those words occur, to “of”, in the fourth place where it occurs and paragraph 9. 1976 c. 36. Adoption Act 1976. Section 47(4) and (5). 1977 c. 49. National Health Service Act 1977. Section 5(3). In Schedule 12, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2) and paragraph 5. 1978 c. 28. Adoption (Scotland) Act 1978. Section 41(3) to (5). 1978 c. 29. National Health Service (Scotland) Act 1978. Section 85(5). In Schedule 11, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2). 1980 c. 30. Social Security Act 1980. In Schedule 1, paragraph 2. 1985 c. 53. Social Security Act 1985. Section 13(4)(a). Section 14. 1986 c. 50. Social Security Act 1986. In section 20(6), the words “,beginning with the week in which a claim for it is made or is treated as made”. Section 23(8). In section 32, subsection (3), in subsection (4), the words “Social fund” and in subsection (8), the words “social fund”, in the second place where they occur and the words from “and” to the end. In section 33(1), the words “social fund”. In section 34(1)(a), the words “to him” and the words “social fund”, in the second place where they occur. In section 50(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract”. In section 51(2), the words “social fund”. In section 52(6), the words “social fund”. In section 53(10), the words “social fund”. In section 63(7), the word “specified”, in the second place where it occurs. In section 84(1), the definition of “social fund payment”. In Schedule 3, paragraph 5(3) to (8) and paragraphs 9 and 11. In Schedule 10, paragraph 45. The repeal of section 69 of the Social Security Act 1975 is subject to paragraph 3 of Schedule 1 to this Act.