Report of Bir Duino Kyrgyzstan: Situation on human rights for freedom of association and the use of prosecutions against human rights defenders
In this Act—
" the principal Act" means the Social Security Act 1975 ;
“the principal Act” means the Social Security Act 1975;
"the Pensions Act" means the Social Security Pensions Act 1975;
“the Pensions Act” means the Social Security Pensions Act 1975;
" the Act of 1976 " means the Supplementary Benefits Act 1976;
“the Act of 1976” means the Supplementary Benefits Act 1976;
" the Act of 1977 " means the Social Security (Miscellaneous Provisions) Act 1977.
“the Act of 1977” means the Social Security (Miscellaneous Provisions) Act 1977.
Section 35 of the principal Act is amended as follows.
In subsection (2)(b) for the words " immediately preceded " there are substituted the words " preceded immediately, or within such period as may be prescribed, ".
After subsection (2) there is inserted the following subsection—.
In subsection (3), for the words "preceding 6 months" there are substituted the words " period of 6 months mentioned in subsection (2)(b) above ".
In subsection (4)(a), for the words " mentioned in subsection (2) (b) above " and " there mentioned " there are substituted, respectively, the words " immediately preceding the period for which the allowance is payable " and " mentioned in subsection (2) (b) above " and after the words " that period " there are inserted the words " of 6 months ".
After subsection (5) there is inserted the following subsection—.
Section 37A of the principal Act is amended as follows.
In subsection (4) (increase in rate of mobility allowance) for the words " and such other matters as he thinks relevant" there are substituted the words " any changes in taxation which directly affect the cost of motoring for persons in receipt of mobility allowance and such other matters as he thinks relevant; and he shall lay before Parliament a statement setting out his conclusion and the reasons therefore as soon as is reasonably practicable. ".
In subsection (5) (periods for which mobility allowance is not payable)—
in paragraph (a) (allowance not payable to a person for any period in which he is under the age of 5 or over pensionable age) for the words " pensionable age " there are substituted the words " the age of 75 "; and
the following paragraph is inserted after paragraph (a)—.
The following subsections are inserted after subsection (6)—.
Where an application for a certificate under the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 was refused before the commencement of the Mobility Allowance (Vehicle Scheme Beneficiaries) Amendment Regulations 1978 any question whether the application was properly refused shall be determined as if that commencement had preceded the refusal.
In section 30 of the principal Act (supplementary provisions about retirement pensions) the following subsection is inserted at the end—.
In section 167 of the principal Act (Parliamentary control of orders and regulations)—
in subsection (1) the following paragraph is inserted after paragraph (b)—; and
in subsection (3) after the words " section 17(3) " there is inserted " 30(6), ".
In Part II of Schedule 15 to the principal Act (regulations not requiring prior submission to National Insurance Advisory Committee) the following paragraph is inserted after paragraph 17—.
The provisions of the principal Act, the Pensions Act and the Act of 1977 specified in Part I of Schedule 1 to this Act shall have effect subject to the amendments there specified (miscellaneous amendments of provisions relating to retirement and invalidity pensions).
The provisions of the principal Act and the Pensions Act specified in Part II of Schedule 1 to this Act shall have effect subject to the amendments there specified (modification of certain provisions in relation to events occurring before 6th April 1979).
After section 15 of the Act of 1976 (appeals from Supplementary Benefits Commission) there is inserted the following section—
For Schedule 4 to the Act of 1976 (constitution, jurisdiction and proceedings of appeal tribunals) there is substituted the Schedule set out in Schedule 2 to this Act.
In section 14(2) of the Act of 1976 (power to make regulations) after paragraph (e) there is inserted the following paragraph—.
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Section 21 of the Pensions Act (revaluation of earnings factors) is amended as follows.
In subsection (2) (review of general level of earnings and of changes in that level) for the words " since the last review " there are substituted the words " since the end of the period taken into account for the last review ".
For subsection (3) (increase of earnings factors) there is substituted the following subsection—.
For subsection (7) (provisions as to first review) there is substituted the following subsection—.
the amount by reference
In subsection (7) of section 59, in the definition of “base period”, for the words from “the first” to the end there are substituted the words “ 13th November 1978 (date of relevant order under section 124 of the principal Act, increasing rates of benefit); ”.
At the end of section 59 there is inserted the following subsection—.
After section 59 there is inserted the following section—
The following subsection is inserted at the end of section 4 of the principal Act—
In section 134 of the principal Act (destination of contributions) the following words are inserted at the end of subsection (6) (power to modify section) " and in relation to any contributions which are reduced under section 4(7) of this Act ".
The following subsections are inserted at the end of section 85 of the principal Act (overlapping benefits)—.
In Part II of Schedule 15 to the principal Act (regulations not requiring prior submission to National Insurance Advisory Committee) the following paragraph is inserted after paragraph 12—.
The following section is inserted in the Child Benefit Act 1975 after section 4—.
For the purposes of the Criminal Evidence Act 1965 as it applies in relation to proceedings for any offence which is connected with— “business” shall include the activities of the Secretary of State.
the obtaining or receipt of any benefit under the Family Income Supplements Act 1970, the Industrial Injuries and Diseases (Old Cases) Act 1975, the Child Benefit Act 1975, the principal Act or the Act of 1976; or
the failure to pay any Class 1 or Class 2 contribution (within the meaning of Part I of the principal Act),
made under section 119 of the principal Act (effect of adjudication on payment and recovery) by virtue of paragraph 9 of Schedule 3 to this Act;
made by virtue of section 14 of this Act; or
made under paragraph 4(a) of Schedule 1 to the principal Act (calculation and adjustment of amounts) in relation to contributions reduced under section 4(7) of that Act;
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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 by resolution of either House.
There shall be paid out of money provided by Parliament any increase attributable to any of the provisions of this Act in sums so payable under any other Act.
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This Act may be cited as the Social Security Act 1979, and this Act, the principal Act, the Pensions Act and the Act of 1977 may be cited together as the Social Security Acts 1975 to 1979.
Section 3(3) of this Act shall not come into force in relation to women who on the passing of this Act have attained the age of 60 but not the age of 65 until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed in relation to women of different ages. An order under this subsection shall be laid before Parliament after being made.
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The Acts and instruments mentioned in Schedule 3 to this Act shall have effect subject to the minor and consequential amendments specified in that Schedule.
Sections 9(2) and 19 of, and paragraphs 3 and 12 of Schedule 3 to, this Act, and this section so far as it applies for the purposes of those provisions, extend to Northern Ireland but the other provisions of this Act do not.
In section 15(4) of the principal Act (disregard of certain amounts in calculating amount of pension by reference to which certain invalidity pensions are calculated) there are inserted after paragraph (b) the words and.
In section 39(1)(c)(ii) of the principal Act (certain increases to be disregarded in determining entitlement to Category D retirement pension) after the word " disregarding " there are inserted the words " any additional component, any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension, any graduated retirement benefit and ".
The second condition shall be deemed to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—
In section 8(1) of the Pensions Act (provision for Category B retirement pension for a widower in certain circumstances) the following paragraph is substituted for paragraph (c)—.
In section 20(1) of the Pensions Act (use of former spouse's contributions), after the words " those conditions " there are inserted the words " (but only in respect of any claim for a Category A retirement pension) ".
Where— the amount of the increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.
In the said Schedule 1, the following paragraph is inserted after paragraph 4—.
In section 4(1) of the Act of 1977 (provision for payment of Category D retirement pension and Category A or Category B retirement pension at the same time) for the words " a Category D retirement pension " there are substituted the words " a Category C or Category D retirement pension ".
Expressions used in this Part of this Schedule and in the principal Act shall have the same meaning in this Part as they have in that Act.
In section 16 (rates at which invalidity allowance is payable)—
the following paragraphs are substituted for paragraphs (a) and (b) of subsection (2)—; and
the following subsection is inserted after subsection (2)—.
Section 28(2) (entitlement of married woman to Category A retirement pension) shall, notwithstanding its repeal by section 19(4) of and Schedule 5 to the Pensions Act, continue to apply in relation to any woman who attained pensionable age before 6th April 1979.
Provided that no payment shall be made by virtue of heads (aa) or (bb) of that paragraph in respect of any period before 6th April 1979.
In paragraph 5 of Part V of Schedule 4 (weekly rates of the increase in unemployability supplement)—
(aa) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979 £415.
in paragraph (b) for the words " head (a) above does " there are substituted the words " heads (a) and (aa) above do ";
(bb) if heads (a), (aa) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979 £2.60; (c) in any other case £1.30
Section 8(1) (Category B retirement pension for widower) shall not apply in any case where the death of the wife occurred before 6th April 1979.
Section 9 (special provision for surviving spouses) shall not apply in any case where the death of the wife or husband (as the case may be) occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.
Section 10 (special provision for married women) shall not apply in any case where both the husband and the wife attained pensionable age before 6th April 1979.
Section 15 (invalidity pension for widows) shall not apply in relation to a widow unless she ceased to be entitled to a widow's allowance or a widowed mother's allowance after 5th April 1979.
Section 16 (invalidity pension for widowers) shall not apply in any case where the wife died before 6th April 1979.
Section 17 (which is superseded by paragraphs 10 and 13 above) is hereby repealed.
Section 20 (use of former spouse's contributions) shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his marriage (or, if he had been married more than once, his last marriage) also occurred before that date.
In paragraph 2(2)(b) of Schedule 1 (which defines " period of deferment" for the purpose of enabling an increase of pension to be paid where retirement is deferred) for the words from " in relation to " to the end there are substituted the words—.
The preceding provisions of this paragraph shall not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.
Section 6(2).
Section 21(4).
In section 7(2) of the Family Income Supplements Act 1970 (appeals to Appeal Tribunals), for the words “be final” there are substituted the words “ subject to section 15A of the Supplementary Benefits Act 1976 (appeal from Appeal Tribunals) be final. ” Nothing in this subsection shall make a finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of a further decision.
In section 10(2)(h) of that Act (review of determination by the Supplementary Benefits Commission and Appeal Tribunals), at the end there are inserted the words “ or by a National Insurance Commissioner or Tribunal of Commissioners by virtue of rules under section 15A of the Supplementary Benefits Act 1976 ”.
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In section 4(6) of the principal Act (Class 1 contributions), after the words " regulations under" there are inserted the words " subsection (7) or ".
In section 13(5) of the principal Act (calculation of earnings factors) after the words " any tax year " there are inserted the words " (including earnings factors as increased by any order under section 21 of the Pensions Act). ".
In section 14(6) of the principal Act (disregard of certain increases in computing unemployment and sickness benefit) after paragraph (a) there is inserted the following paragraph—.
In section 15(4) of the principal Act (disregard of certain increases in computing invalidity pension) after paragraph (a) there is inserted the following paragraph—.
In section 110(1) of the principal Act (review of decision of medical board or medical appeal tribunal) for the words from " in consequence of" to the end there are substituted the words "in ignorance of a material fact or was based on a mistake as to a material fact
In section 119 of the principal Act—
in subsection (3)(b), there are inserted at the end the words “ or out of a requirement to repay any amount by virtue of subsection (2A) above ”;
in subsection (4)—
in paragraph (c) for the words “subsections (1) and (2)” there are susbtituted the words “ subsections (1) to (2A) ” ;
in paragraph (cc) (inserted by Schedule 4 to the Pensions Act) the words “by way of a mobility allowance” are hereby repealed ; and
in paragraph (d) after the words “subsection (1)” there are inserted the words “ or (2A) ”.
For the purposes of satisfaction by the contributor concerned of paragraph (b) of the first contribution condition for unemployment benefit, sickness benefit, a maternity grant or a maternity allowance, or of paragraph (b) of the contribution condition for a widow's allowance, all earnings factors derived from his contributions of a relevant class actually paid by him before the relevant time may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls.
In paragraph 9 of Part I of Schedule 4 to the principal Act (as amended by paragraph 62 of Schedule 4 to the Pensions Act) for the words " £6.90 " there are substituted the words " £11.70 ".
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices the holders of which are disqulified) at the end of the entry beginning “chairman of an Appeal Tribunal”there are inserted the words “ or senior chairmnan in relation to such a tribunal ”.
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In sections . . . 35(4) of the Pensions Act the words from “and rounding” to the end are hereby repealed.
In section 6(4) of the Pensions Act (increase of earnings factors) for the words " any order or orders that have come into force under section 21 below " there are substituted the words " the last order under section 21 below to come into force ".
In section 11 of the Pensions Act (application of earnings rule) after the words " the additional component" there are inserted the words " , of any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension ".
In section 23(1)(c) of the Pensions Act (up-rating of certain increases under Schedule 1) after the words “such pensions” there are inserted the words “ or to increases in guaranteed minimum pensions ”.
In section 34(6) of the Pensions Act (increase of earnings) for the words “any order or orders coming into force under section 21 above” there are substituted the words “ the last order under section 21 above to come into force ”.
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in subsection (5) (increase of earnings factors) for the words " any order or orders that have come into force under section 21 above " there are substituted the words " the last order under section 21 above to come into force ";
in subsection (7) (early retirement) for the words " any order or orders that come into force under the said section 21 " there are substituted the words " the last order under the said section 21 to come Into force ".
In section 37(3) of the Pensions Act (earner’s salary as factor of widow’s pension) for the words “any order or orders coming into force under section 21 above” there are substituted the words “ the last order under section 21 above to have come into force ”.
In section 59(7) of the Pensions Act, after the words “this section” (in the two places where they occur after the definition of “lump sum”) there are inserted in each case the words “ and section 59A of this Act ”.
In section 61(2) of the Pensions Act (reference of proposed regulations to the Occupational Pensions Board) for the words from “to be made” to “passing of this Act” there are substituted the words “ made for the purpose only of consolidating other regulations revoked thereby ”.
In sections 66(2) and 68(3)(a) of the Pensions Act, for the words “section 59” there are, in each case, substituted the words “ sections 59 and 59A ”.
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In section 2(1) of the Act of 1976 (determination of benefit, subject to provisions of section 15 as to appeals) for the words “section 15” there are substituted the words “ sections 15 and 15A ”.
In section 14(2)(d) of the Act of 1976 (review of determinations), at the end there are inserted the words “ or by a National Insurance Commissioner or Tribunal of Commissioners by virtue of rules under section 15A of this Act ”.
In section 15 of the Act of 1976 (appeals to Appeal tribunals), in subsection (3) the words from “and any” to the end are omitted and at the end there is inserted the following subsection:—.
In section 33 of the Act of 1976 (rules and regulations) the following subsection is inserted after subsection (1)—.
In paragraph 8 of Schedule 2 to the Act of 1976 (increase of amount of award on appeal), in sub-paragraph (a) after the words “section 15” there are inserted the words “ or 15A ”.
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section 3(3) to (5),
section 5(2), and
section 13(2),
In section 132 of the Employment Protection (Consolidation) Act 1978—
in subsection (3)(e) for the words “and (3)” there are substituted the words “ to (4) ” ; and
in subsection (4)(a) for the words “and (2)” there are substituted the words “ (2) and (2A) ”.
Rule 2 of the Supplementary Benefit (Appeal Tribunal) Rules 1971 (tenure of office of members of Appeal Tribunals) is hereby revoked.
In Regulation 6 of the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 the following paragraph is substituted for paragraph (a)—.