Social Security Act 1990
In section 35 of the principal Act (attendance allowance) after subsection (2A) there shall be inserted—
In subsection (4) of that section, after the words “otherwise provide” there shall be inserted the words “and subject to subsection (2B) above”.
subsection (1) of section 35 above;
In section 106 of that Act (review of, and appeal from, Board’s decisions) at the beginning of subsection (1) there shall be inserted the words “Subject to the following provisions of this section” and after paragraph (a) of that subsection there shall be inserted—.
After that subsection there shall be inserted—
In section 165A of that Act (making of claim a condition of entitlement) there shall be added at the end—
It shall be the duty of the Secretary of State to publish a draft of the first form to be used by terminally ill persons for claiming an attendance allowance, to invite comments on the draft from interested persons and organisations and to consider any such comments received within one month of that invitation before ordering the printing of the form.
After section 36 of the principal Act (severe disablement allowance) there shall be inserted the following section—
2A. Age related addition (section 36A). (a) Higher rate 10.00 (b) Middle rate 6.20 (c) Lower rate 3.10 (the appropriate rate being determined in accordance with section 36A(1))
In consequence of subsections (1) and (2) above, in section 34(1)(b) of that Act (which specifies severe disablement allowance as one of the non-contributory benefits under Chapter II of Part II of that Act) after the word “(with” there shall be inserted the words “age related addition and”.
but a person shall not be entitled to reduced earnings allowance to the extent that the relevant loss of faculty results from an accident happening on or after the appointed day.
After that subsection there shall be inserted—
In paragraph (b) of subsection (6) of that section (further awards) after the words “for such further period” there shall be inserted the words “, commencing as mentioned in subsection (1A) above,”.
After subsection (10A) of that section there shall be inserted—
In section 59B of that Act (retirement allowance) the following provisions shall cease to have effect—
in subsection (1) (circumstances in which a beneficiary ceases to be entitled to reduced earnings allowance and in which he may become entitled to it again) the words from “and may become” onwards;
in subsection (3) (retirement allowance payable for life, unless beneficiary returns to regular employment etc) the words “Unless he returns to regular employment”; and
subsection (4) (entitlement to retirement allowance to cease on return to regular employment etc).
That section shall have effect, and be taken at all times on and after 1st January 1990 to have had effect, with the addition of the following subsection after subsection (8)—
In section 77(2)(a) of that Act (regulations modifying provisions relating to certain benefits in their application to prescribed diseases and injuries) after the words “disablement benefit” there shall be inserted the words “or reduced earnings allowance”.
The following provisions shall cease to have effect—
in section 2 of the Social Security Act 1988, the subsection (8) originally enacted (restriction on entitlement to reduced earnings allowance); and
in Schedule 1 to the 1989 Act, paragraph 8(7) (which substitutes for that subsection a subsection (8) and a subsection (8A)).
but, in calculating the weekly rate of a widow’s pension for the purposes of paragraph (a) above, or the weekly rate of a widow’s pension without reduction, for the purposes of paragraph (b) above, any additional pension by virtue of section 6 above as it applies for the purposes of section 13 above shall be determined without reference to any surpluses in her late husband’s earnings factors for tax years after 1990-91.
In section 16 of that Act (invalidity pension for widowers) for subsection (4) there shall be substituted—
The following section shall be inserted after section 165A of the principal Act—
In Schedule 20 to the principal Act (glossary of expressions), the entry relating to “entitled” and cognate expressions—
shall be taken at all times on or after 2nd September 1985 but before the passing of this Act to have had effect with the substitution, in the second column, of the words “sections 165A and 165B” for the words “section 165A” ; and
shall have effect as from the passing of this Act with the substitution for those words of the words “sections 165A to 165D”.
Section 32(4) of the Social Security Act 1985 (which made similar provision to that made by subsection (3) of the section inserted by subsection (1) above) shall be deemed never to have been enacted.
In paragraph 48 of Schedule 10 to the 1986 Act (which applies sections 87 and 165A(1) of the principal Act to income-related benefits) in paragraph (b), for the words “section 165A(1)” there shall be substituted the words “sections 165A(1) and 165B”.
Paragraph 48 of Schedule 10 to the 1986 Act shall have effect, and be taken always to have had effect, as if it had originally been enacted with the amendment made by subsection (4) above.
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in subsection (1), after the words “Except in such cases as may be prescribed” there shall be inserted the words “and subject to section 165C below”; and
except as provided by section 165C below.
After the section 165B of that Act inserted by section 5 above there shall be inserted—
In section 104 of that Act, after subsection (5) (regulations restricting the arrears of benefit payable in consequence of a review etc) there shall be inserted—
; and
The amendment by subsection (4) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision.
The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.
After section 24 of the 1986 Act (recovery of expenditure on benefit from person liable for maintenance) there shall be inserted—
Until such time as there comes into force an amendment of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) which has the effect of including among the orders specified in that Schedule any order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989, the definition of “maintenance order” in subsection (11) of the section 24A of the 1986 Act inserted by subsection (1) above shall have effect as if, in paragraph (a), after sub-paragraph (ii) there were inserted—.
In section 26 of the 1986 Act, in subsection (3) (definitions for purposes of sections 24, 25 and 26) after the words “section 24” there shall be inserted “24A, 24B”.
—In section 22 of the 1986 Act (calculation of income-related benefits) after subsection (2) there shall be inserted—
In section 32 of the 1986 Act, after subsection (8D) there shall be inserted—
In subsection (10) of that section (power to nominate a social fund officer to issue guidance to other officers in his area on specified matters) for the words “to issue” there shall be substituted the words “who shall issue”.
In section 33 of that Act, after subsection (10) (questions to be determined in accordance with general directions) there shall be inserted—
In subsection (10A) of that section (which specifies certain matters with respect to which directions may be given) after paragraph (e) there shall be inserted—.
At the end of that section there shall be added—
The following section shall be inserted after section 58 of the Pensions Act—
After Schedule 3 to the Pensions Act there shall be inserted the Schedule set out in Schedule 2 to this Act.
In the case of an occupational pension scheme— no payment shall be made out of the resources of the scheme to or for a person who is or has been the employer of persons in the description or category of employment to which the scheme relates until such time as provision has been made by the scheme for every pension which commences or has commenced under it to be increased as mentioned in paragraph (b) of that subsection.
such as is mentioned in subsection (1) of section 58A of the Pensions Act, and
which is constituted by trust deed,
Nothing in subsection (3) above applies in relation to payments made to or for a person by virtue of his or any other person’s membership of the scheme in question.
Expressions used in this section and the Pensions Act have the same meaning in this section as they have in that Act.
The provisions of subsection (3) above override any provision of a scheme to the extent that it conflicts with them.
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in paragraph 23 of Schedule 1 (certain tribunals concerned with pensions to be under the general supervision of the Council) there shall be added at the end of the second column—; and
in section 8(2) (which specifies the paragraph numbers of the tribunals which are excepted from the requirement of concurrence to the removal of members) after “22” there shall be inserted “23(e)”.
At the beginning of Part V of the Pensions Act there shall be inserted the following section—
The following provisions of the Pensions Act (which make provision with respect to the registration of occupational pension schemes and which are set out in Schedule 2 to the Social Security Act 1985 and have not all been brought into force) shall cease to have effect—
sections 56B to 56D;
section 56E(1)(c);
sections 56F to 56K;
section 56L(1)(b), (5)(b) and (9); and
sections 56M and 56N.
The enactments mentioned in Schedule 4 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.
Regulations may modify the provisions inserted into the Pensions Act by paragraph 2 of that Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of those provisions and to obtaining general compliance with them.
The Secretary of State may make or arrange for the making of grants— but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.
towards the cost of carrying out work for the purpose of—
improving the thermal insulation of dwellings, or
otherwise reducing or preventing the wastage of energy in dwellings (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise), and
where any such work is, or is to be, carried out, towards the cost of providing persons with advice on reducing or preventing the wastage of energy in dwellings;
The regulations may make provision with respect to—
the descriptions of dwelling and work in respect of which a grant under subsection (1)(a) above may be made;
the nature and extent of the advice with respect to the provision of which grants under subsection (1)(b) above may be made;
the descriptions of person from whom an application for a grant under subsection (1)(a) or (b) above may be entertained;
the persons to whom such an application is to be made;
the payment of such grants to persons other than the applicant;
the conditions on which such a grant may be made.
The regulations—
may specify or make provision for determining the amount or maximum amount of any grant under this section; and
may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down from time to time by a prescribed person) if it is to be eligible for a grant under subsection (1)(a) above.
Subsections (1) to (3) above shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.
The Secretary of State may delegate any of his functions in relation to grants under this section to such persons or bodies of persons as he may determine, and may pay to any person or body of persons to whom functions are so delegated, or upon whom functions are otherwise conferred under or by virtue of this section, such fees as may be agreed.
Without prejudice to the generality of the powers conferred by this section, the regulations may make provision for any of the following matters, that is to say—
for appointing for any particular area a person or body of persons (an “administering agency”) to perform in that area such functions as the Secretary of State may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down from time to time by a prescribed person), and register as the network installer for any particular locality within their area, a person or body of persons capable of carrying out, or arranging for the carrying out of, work in respect of which grants under subsection (1)(a) above may be made, to perform in that locality such functions as the Secretary of State or that agency may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
for the allocation by the Secretary of State to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this section in that period, and for the re-allocation of any sums so allocated;
for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this section which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.
The provision that may be made in regulations by virtue of subsection (6) above includes provision—
for the making of appointments, or the conferring of functions, under that subsection to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;
for terminating any appointment as an administering agency or any registration as a network installer;
for conferring upon network installers the exclusive right to apply for grants by virtue of subsection (4) above;
for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.
The power to make regulations under this section shall be exercisable by statutory instrument made with the consent of the Treasury; and any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
Regulations under this section—
may make different provision with respect to any labour involved, materials used or other items comprised in the carrying out of work; and
may make different provision for different cases and different areas.
In this section—
“functions” means powers and duties and includes the exercise of a discretion with respect to any matter;
“functions” means powers and duties and includes the exercise of a discretion with respect to any matter;
“prescribed” means specified in, or determined in accordance with, regulations under this section.
“materials” includes space and water heating systems;
Sections 252 and 253 of the Housing (Scotland) Act 1987 (grants for thermal insulation) shall cease to have effect.
In section 1 of the principal Act (outline of the contributory system) at the end of paragraph (a) of subsection (1) there shall be added the word “and” and paragraph (c) of that subsection (benefit under the Old Cases Act to be provided by means of contributions etc) shall cease to have effect.
At the end of that subsection there shall be added the words “together with the additions under subsection (4A) below” and after subsection (4) there shall be inserted—
In section 134 of that Act (destination of contributions etc) after subsection (2) there shall be inserted—
In section 135 of that Act, at the end of subsection (2) (which specifies the benefits which are to be paid out of money provided by Parliament instead of out of the National Insurance Fund) there shall be added—
In subsection (5) of that section (Consolidated Fund to be reimbursed out of National Insurance Fund in respect of certain administrative expenses, but excluding those specified in the paragraphs of that subsection) after paragraph (a) there shall be inserted—.
In section 137(1) and (2) of that Act (Government Actuary’s periodical reviews of the working of the principal Act and the Old Cases Act with a view to ascertaining likely demands on the National Insurance Fund) the words “and the Old Cases Act” shall cease to have effect.
In section 159 of that Act, in subsection (4) (certain payments in respect of pre-1948 cases to be made out of the National Insurance Fund) for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”.
In the Old Cases Act—
in sections 2(1) and 5(1) (schemes under those provisions to be financed out of the National Insurance Fund) for the words “the National Insurance Fund” there shall be substituted the words “money provided by Parliament”;
in section 4(4)(e) (provision for the repayment to the National Insurance Fund of payments subsequently found not to have been due) for the words “the National Insurance Fund” there shall be substituted the words “the Secretary of State”; and
section 13 (reciprocal arrangements with Northern Ireland in relation to payments out of the respective National Insurance Funds) shall cease to have effect.
Section 46(3) of the 1982 Act and section 85(4)(a) of the 1986 Act (which provide for the payment of sums out of the National Insurance Fund into the Consolidated Fund in respect of estimated administrative expenses relating to statutory sick pay and statutory maternity pay) shall cease to have effect.
Subsections (1) and (4) to (8) above shall be taken to have come into force on 1st April 1990.
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In subsection (6) of that section (estimated Class 4 contributions collected from persons in Northern Ireland to be paid over to the Northern Ireland Department) after the word “collected” there shall be inserted the words “,or interest in respect of such contributions recovered,”.
In section 134 of that Act (destination of contributions etc) after the subsection (2A) inserted by section 16 above there shall be inserted—
In section 135 of that Act (general financial arrangements) after subsection (6) there shall be added—
Without prejudice to the generality of sub-paragraph (1) above, the provision that may be made by virtue of paragraph (a) of that sub-paragraph includes, in relation to Class 1 contributions— and any reference to contributions or income tax in paragraph (b) or (c) of sub-paragraph (1) above shall be construed as including a reference to any interest or penalty in respect of contributions or income tax, as the case may be. The rate of interest applicable for any purpose of this paragraph shall be the rate from time to time prescribed for that purpose under section 178 of the Finance Act 1989. Regulations under this paragraph may require the payment of interest on sums due in respect of contributions, notwithstanding that a question arising in relation to the contributions has not been determined under section 93 of this Act by the Secretary of State, except that where—
In sub-paragraph (3) of that paragraph (payment of receipts to Secretary of State) after the words “pay to him” there shall be inserted “(a)” and at the end of that sub-paragraph there shall be added the words and
After that paragraph there shall be inserted the provisions set out in Schedule 5 to this Act, which relate to the imposition and recovery of certain penalties.
In paragraph 7 of Schedule 2 to the principal Act (which provides for the charging of interest under section 88 of the Taxes Management Act 1970 in respect of Class 4 contributions, but precludes the charging of interest under section 86 of that Act in respect of overdue contributions) and in paragraph 7 of Schedule 2 to the Social Security (Northern Ireland) Act 1975 (which reproduces those provisions)—
for the words “Section 88(1)” there shall be substituted the words “(1) Sections 86 and 88(1)”;
after the word “(interest” there shall be inserted the words “on amounts overdue, and”;
for the words “it applies” there shall be substituted the words “they apply”; and
for the words from “but section 86” to “shall not apply” there shall be substituted the words “and section 824 of the Income and Corporation Taxes Act 1988 (repayment supplements) shall, with the necessary modifications, apply in relation to Class 4 contributions as it applies in relation to income tax.”
The Inland Revenue shall have the same powers under section 1 of the Taxes Management Act 1970 (general functions of care and management) in relation to the remission of interest payable under section 86 or 88 of that Act by virtue of this paragraph as they have in relation to the remission of interest payable under either of those sections on tax.
In section 178 of the Finance Act 1989 (rates of interest) in subsection (2), after paragraph (g) there shall be inserted—.
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 paragraphs 2 and 27 of Schedule 6 excluding any category of expenses or payments 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 the sums so payable by virtue of any other Act.
Subject to the following provisions of this section, section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 shall apply in relation to any power conferred by any provision of this Act, other than section 15, to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) any regulations or orders under this Act, other than regulations under section 15 above or orders under section 23 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,
A power conferred by this Act to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
In this Act, unless the context otherwise requires—
“prescribed” means specified in, or determined in accordance with, regulations under this section.
“the 1982 Act” means the Social Security and Housing Benefits Act 1982;
“the 1986 Act” means the Social Security Act 1986;
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“the 1973 Act” means the Social Security Act 1973;
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The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).
The enactments mentioned in Schedule 7 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.
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 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,
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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 in pursuance of a resolution of either House of Parliament.
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by the section 59B inserted into the Pensions Act by Schedule 3 to this Act, other than subsections (4) and (5)(b) of that section; and
by subsections (1), (2), other than paragraph (a)(ii), (3), (4) and (9) of the section 59K inserted into that Act by section 13(1) of this Act.
This Act may be cited as the Social Security Act 1990; and this Act, other than section 15, and the Social Security Acts 1975 to 1989 may be cited together as the Social Security Acts 1975 to 1990.
Apart from the provisions specified in subsection (3) below, this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.
The provisions referred to in subsection (2) above are the following—
sections 3(6), 5, 6, 7, 10, 15, other than subsection (11), 16(1), (4) to (8) and (10), 18, 19, 20, 21(3), 22 and this section;
Schedule 1;
paragraphs 6, 8, 9 and 15 of Schedule 4 (and section 14 so far as relating to those provisions);
paragraphs 2 to 9, 12 to 15, 17, 18, 19, 21, 26, 27 and 30 of Schedule 6 (and section 21 so far as relating to those provisions);
the amendments in that Schedule to the extent that they are consequential on any provision specified in paragraphs (a) to (d) above (and section 21 so far as relating to any such amendments); and
the repeals in Schedule 7 to the extent that they are consequential on any provision specified in paragraphs (a) to (e) above (and section 21 so far as relating to those repeals).
Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
The following provisions of this Act extend to Northern Ireland, namely— and paragraph 5(4) of Schedule 1 extends to Northern Ireland only.
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. . . this section;
paragraph 5(1) and (3) of Schedule 1;
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Except as provided by this section, this Act does not extend to Northern Ireland.
Section 7.
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In paragraph 12 of Schedule 4 to that Act, in sub-paragraph (2)(b) (payments into court: compensator not liable to make relevant payment etc until he is notified that the money has been paid out to the other party) after the words “notified that” there shall be inserted the words “the whole or any part of”. In sub-paragraph (5) of that paragraph (special provision where payment into court is paid out to or for the other party within 21 days) for the words “paid out of court to or for” there shall be substituted the words “accepted by” and for the words “was made” there shall be substituted the words (or, if there were two or more such payments, the last of them) was made; but where the payment into court is not so accepted, then— In sub-paragraph (6) of that paragraph (the initial period) after the words “payment into court” there shall be inserted the words “(or, if there were two or more such payments, the last of them)”. Where a payment into court is paid out wholly to or for the party who made the payment (otherwise than to or for the other party to the action) the making of the payment into court shall cease to be regarded as the making of a compensation payment.
In paragraph 17 of that Schedule, in sub-paragraph (3) (which provides a special time limit for appeals in cases where provisional damages are awarded) for paragraph (a) there shall be substituted—.
In sub-paragraph (11) of that paragraph (appeal on point of law from decision of social security appeal tribunal or medical appeal tribunal) after the words “at the instance of” there shall be inserted the words “the Secretary of State,”.
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In section 2(1) of the Law Reform (Personal Injuries) Act 1948 (half of certain benefits to be brought into account in assessing damages) for the word “him” there shall be substituted the words “ the injured person ”.
After Part IV of the Pensions Act there shall be inserted the following—
The following sections shall be inserted after the section 57B of the Pensions Act inserted by paragraph 11 below—
The following section shall be inserted into the Pensions Act after the section 58A inserted by section 11 of this Act—
After section 57 of the Pensions Act there shall be inserted the following section—
“qualifying pensionable service” means— In paragraph 3 of that Schedule (average salary benefits) in sub-paragraph (5) (definition of “salaries”) for the words from “means” to “terminated” there shall be substituted the words “means, subject to sub-paragraph (5A) below, the member’s salaries for the period between the date when his pensionable service commenced and the date when it terminated”. After that sub-paragraph there shall be inserted—.
In Schedule 16 to the 1973 Act, in sub-paragraph (1) of paragraph 6 (short service benefit where member’s service in relevant employment terminates before normal pension age etc) for the words “service in relevant employment” there shall be substituted the words “pensionable service”. At the end of that paragraph there shall be added— In paragraph 15(4) of that Schedule (commutation of widow’s, widower’s or dependant’s benefit by the beneficiary) for the words “by the beneficiary” there shall be substituted the words “of that benefit”. In consequence of the amendment made by sub-paragraph (1) above—
In section 32 of the Pensions Act, in subsection (2B) (modifications of Schedule 1 to the 1986 Act in its application for the purpose of determining whether a money purchase scheme can be contracted-out) after paragraph (d)(ii) there shall be inserted—. The amendment made by sub-paragraph (1) above shall be taken to have come into force on 17th May 1990.
In section 33 of the Pensions Act, in subsection (1A) (special conditions in the case of married women and widows paying reduced rate contributions) in paragraph (a) after the words “if she attains pensionable age” there shall be inserted the words “and does not have a guaranteed minimum under section 35 below”. In section 35 of that Act, after subsection (2) (calculation of guaranteed minimum by reference to earnings factors derived from earnings on which primary Class 1 contributions have been paid) there shall be added— If, immediately before the coming into force of this paragraph, there is in force in relation to an occupational pension scheme a contracting-out certificate under Part III of the Pensions Act then, to the extent that the rules of the scheme are inconsistent with any provision made by sub-paragraph (1) or (2) above, they shall be overridden by that provision.
Sections 41A and 41B of the Pensions Act (protection of earner’s and widow’s pension) shall have effect, and be taken at all times on and after 21st July 1989 to have had effect, with the amendments made by sub-paragraphs (2) to (7) below, which are in substitution for the amendments made by paragraphs 6 and 7 of Schedule 6 to the 1989 Act; and those paragraphs shall be taken never to have come into force. In section 41A of the Pensions Act, in subsection (1C) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the wordsand After subsection (2) of that section there shall be inserted— In subsection (11) of that section (definitions) for the words “ “short service benefit” is” there shall be substituted the words “ “pensionable service” and “short service benefit” are ”. In section 41B of the Pensions Act, in subsection (1A) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the wordsand After subsection (3) of that section there shall be inserted— After subsection (5) of that section, there shall be added— In section 41A of that Act, in subsection (1), for the words “relevant date” there shall be substituted the words “commencement of payment date” and subsections (1A) and (1B) shall cease to have effect. In consequence of this paragraph, regulation 2(1) and (2) of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1989 shall be deemed never to have been made. If, before 21st July 1989, an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme, sections 41A and 41B of the Pensions Act shall apply in relation to the earner and the earner’s widow or widower as if neither this paragraph nor paragraphs 6 and 7 of Schedule 6 to the 1989 Act had been enacted. Expressions used in sub-paragraph (10) above and the Pensions Act have the same meaning in that sub-paragraph as they have in that Act.
In section 41C(3) of the Pensions Act— and In paragraph 7(4) of Schedule 1A to the Pensions Act, in paragraph (a) (adaptations of section 41C(3) in its application for certain purposes to schemes which are not contracted-out) after sub-paragraph (iii) there shall be added—; and paragraph (b) (which made, in relation to schemes which are not contracted-out, similar provision to that made by sub-paragraph (2) above as modified by this sub-paragraph) shall be omitted. The amendments made by sub-paragraph (1) above shall be deemed to have come into force on 1st November 1986 (the date on which certain amendments relating to commutation, suspension and forfeiture took, or are deemed to have taken, effect).
In section 52C of the Pensions Act (extinguishment of scheme’s liability for pensions appropriately secured by insurance policies or annuity contracts) in subsection (4) (meaning of “appropriately secured”) for paragraph (a) there shall be substituted—.
The following section shall be inserted after the section 57A of the Pensions Act inserted by paragraph 3 above—
After section 60 of the Pensions Act there shall be inserted the following section—
In section 68(4) of the Pensions Act (provisions which extend to Northern Ireland) for the words “Section 57 of this Act extends” there shall be substituted the words “The following provisions of this Act, namely, sections 57, 59B, other than subsections (4) and (5)(b), and 59K(1), (2), other than paragraph (a)(ii), (3), (4) and (9) extend”.
In section 9(4) of the 1986 Act, in paragraph (i) (which was inserted by paragraph 16(b) of Schedule 6 to the 1989 Act and which specifies certain provisions in Schedule 1A to the Pensions Act which are to be construed as if “widow” included “widower”) after the word “paragraphs” there shall be inserted “2(2)(e),”.
If immediately before the passing of the Social Security Act 1990 there is in force in relation to an occupational or personal pension scheme either— then, to the extent that the rules of the scheme are inconsistent with any provision made by sub-paragraph (1) or (2) above, they shall be overridden by that provision. If immediately before the passing of the Social Security Act 1990 there is in force in relation to an occupational or personal pension scheme either— then, to the extent that the rules of the scheme are inconsistent with any provision made by sub-paragraphs (1) to (3) above, they shall be overridden by that provision.
Section 21(1).
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In section 4(7) of the principal Act (reduced contributions for certain persons) the reference to section 145 of the Employment Protection (Consolidation) Act 1978 (which related to registered dock workers and which was repealed by the Dock Work Act 1989 as from 3rd July 1989) shall be omitted. Notwithstanding the repeal of section 145 of the said Act of 1978 or of the reference to it in section 4(7) of the principal Act, regulation 133 of the Contributions Regulations (reduced rate of contributions for registered dock workers) shall continue to have effect, and be taken to have continued to have had effect at all times on and after 3rd July 1989, in relation to earnings paid or treated as paid before 6th April 1988 as it had effect by virtue of regulation 4 of the 1988 Regulations (which continues in force accordingly). Nothing in this paragraph shall be taken to have prejudiced any power to amend or revoke the regulations to which it refers. In this paragraph—
The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.
After section 24 of the 1986 Act (recovery of expenditure on benefit from person liable for maintenance) there shall be inserted— Notwithstanding the repeal of section 145 of the said Act of 1978 or of the reference to it in section 4(7) of the principal Act, regulation 133 of the Contributions Regulations (reduced rate of contributions for registered dock workers) shall continue to have effect, and be taken to have continued to have had effect at all times on and after 3rd July 1989, in relation to earnings paid or treated as paid before 6th April 1988 as it had effect by virtue of regulation 4 of the 1988 Regulations (which continues in force accordingly). Nothing in this paragraph shall be taken to have prejudiced any power to amend or revoke the regulations to which it refers. In this paragraph—
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regulations 6(2)(c), 25 and 36 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (onset of occupational deafness and time for claiming in respect of occupational deafness or occupational asthma), and any former regulations which they directly or indirectly re-enact with or without amendment, shall be taken to be, and always to have been, validly made.
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In section 100 of the principal Act (appeal to social security appeal tribunal) there shall be added at the end— In section 101 of that Act, in subsection (2) (persons at whose instance an appeal lies from a social security appeal tribunal to a Commissioner on a point of law) the following paragraph shall be inserted after paragraph (b)—. In subsection (3) of that section, in paragraph (c) (appeal at the instance of a trade union where the claimant was a member of the union) after the words “the claimant” there shall be inserted the words “or, in relation to industrial death benefit, the deceased”. The amendments made by this paragraph shall be deemed to have come into force on the day on which paragraph 2 of Schedule 1 to the Social Security Act 1988 came into force.
In section 104 of the principal Act (reviews), after the subsection (6) inserted by section 6(3) of this Act, there shall be inserted— After the section 165C of that Act inserted by section 6(2) of this Act there shall be inserted the following section— In paragraph 48 of Schedule 10 to the 1986 Act (which applies sections 87 and 165A(1) of the principal Act to income-related benefits) at the end of paragraph (b) there shall be inserted the words and.
In section 167 of the principal Act (Parliamentary control of orders and regulations) for subsections (2) to (4) there shall be substituted— In section 62 of the Pensions Act, for subsections (1) and (2) there shall be substituted—. In section 22 of the Child Benefit Act 1975, for subsections (3) to (5) there shall be substituted— In section 24(5) of the Social Security (Miscellaneous Provisions) Act 1977 for the words “containing regulations” there shall be substituted—. In section 5(4) of the Social Security (No.2) Act 1980— In section 7 of that Act, for subsection (4) there shall be substituted— In section 45 of the 1982 Act, for subsection (2) there shall be substituted— Section 27(3) and (4) of the Social Security Act 1985 (which relate to parliamentary control of statutory instruments and which are spent) shall cease to have effect. In section 83 of the 1986 Act, for subsection (4) there shall be substituted— After section 15 of the Social Security Act 1988 there shall be inserted the following section— In consequence of sub-paragraph (10) above, the following provisions of that Act shall cease to have effect— In section 29 of the 1989 Act, for subsection (3) there shall be substituted—; and, in consequence, subsection (4) shall cease to have effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 62 of the Pensions Act, for subsections (1) and (2) there shall be substituted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 24(5) of the Social Security (Miscellaneous Provisions) Act 1977 for the words “containing regulations” there shall be substituted—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 7 of that Act, for subsection (4) there shall be substituted— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 83 of the 1986 Act, for subsection (4) there shall be substituted— After section 15 of the Social Security Act 1988 there shall be inserted the following section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In section 29 of the 1989 Act, for subsection (3) there shall be substituted—; and, in consequence, subsection (4) shall cease to have effect.
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Subject to sub-paragraph (2) below, In the case of a claimant who is or has been paid otherwise than weekly, any week— shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate. For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.
The expression “1978-79” means the tax year beginning with 6th April 1978, and any correspondingly framed reference to a pair of successive years shall be construed as a reference to the tax year beginning with 6th April in the earlier of them.
In section 4 of the Old Cases Act, for subsection (8) (schemes to be made by statutory instrument subject to affirmative procedure, unless made for the purpose only of replacing provisions of previous schemes with provisions to the same effect or of making provision consequential on certain orders or regulations, and if made for that purpose only, to be subject to negative procedure) there shall be substituted—
In Schedule 5 to the Supplementary Benefits Act 1976, paragraph 1 (power to provide re-establishment courses and facilities for persons attending them) shall cease to have effect. For paragraph 4 of that Schedule (power of Secretary of State to make contributions to voluntary organisations which provide re-establishment courses or resettlement units) there shall be substituted—
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In subsection (1A) of section 7 of the 1982 Act (rates of statutory sick pay: power by regulations to substitute alternative provisions for subsection (1)(a) to (c) and to make consequential amendments)— In subsection (1B) of that section (regulations under subsection (1A) to be subject to affirmative parliamentary procedure) for the word “regulations” there shall be substituted the words “an order”.
In section 26 of the 1982 Act (interpretation) after subsection (5) (which confers power to treat two or more contracts of employment as one) there shall be inserted—
Section 23 of the 1986 Act (income support and trade disputes etc) shall be amended in accordance with sub-paragraphs (2) and (3) below. For subsection (6) (meaning of “relevant sum”) there shall be substituted— For paragraph (a) of subsection (7) (annual increase of the relevant sum by reference to the percentage increase in applicable amounts under the up-rating order) there shall be substituted—.
In section 28 of the 1986 Act, in subsection (1)(b) (housing benefit in respect of certain payments to housing authorities to take the form of a rent rebate) after the words “rent rebate” there shall be inserted the words “,or, in prescribed cases, of a rent allowance,” and after subsection (5) of that section there shall be inserted—
In section 30 of the 1986 Act (housing benefit finance), after subsection (2) there shall be inserted— In subsection (2A) of that section (things which the Secretary of State may do by reference to determinations of rent officers)—
In section 31A(1)(b) and (2)(b) of the 1986 Act (which provides that community charge benefit may take the form of a reduction in the amount of the charge which a person is liable to pay in respect of the relevant chargeable financial year)—
for the words “is liable” there shall be substituted the words “is or becomes liable”; and
after the word “relevant” there shall be inserted the words “,or any subsequent,”.
In section 31F of the 1986 Act, for subsection (3) (amount by reference to which community charge benefit subsidy is to be calculated) there shall be substituted— After subsection (5) of that section there shall be inserted— For subsection (6) of that section (conditions for payment of community charge benefit subsidy) there shall be substituted the following—
In section 50 of the 1986 Act (interpretation) after subsection (2) (which confers power to treat two or more contracts of employment as one) there shall be inserted—
In section 63(11) of the 1986 Act (report of Government Actuary on likely effect of annual up-rating order on National Insurance Fund) for the words “giving the latter’s opinion” there shall be substituted the words “or the Deputy Government Actuary, giving that Actuary’s opinion”.
After section 64A of the 1986 Act (effect of alteration in component rates of income support) there shall be inserted the following section—
Section 79(5) of the 1986 Act (which precludes the payment of statutory maternity pay to women members of HM forces) shall cease to have effect.
In Schedule 6 to the 1986 Act, in paragraph 3 (Christmas bonus for pensioners: circumstances in which a person is to be treated as entitled to a qualifying benefit in a relevant week) the following provisions shall cease to have effect— This paragraph shall be deemed to have come into force on 1st October 1989.
The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 shall have effect, and be taken always to have had effect, with the substitution for regulations 3 and 4 (transitional provisions about widowed mother’s allowance where the husband died before 11th April 1988, which were retrospectively amended by section 6(2) of the 1989 Act, and savings) of the following— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where, in consequence of regulation 2(6) of the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 (deemed entitlement to child allowance for purposes of widowed mother’s allowance etc), an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either— an adjudication officer may review that decision, notwithstanding anything in section 25 of the Social Security Administration Act 1992. In any case where— the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review. Section 28 of the Social Security Administration Act 1992 (appeals from reviews) shall apply in relation to a review under this paragraph as it applies in relation to a review under that section. In this paragraph “adjudicating authority” means— The amendment by sub-paragraph (1) above of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions. Nothing in this paragraph shall be taken to prejudice section 16 or 17 of the Interpretation Act 1978 (effect of repeals, substitutions etc).
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In Schedule 5 to that Act, in paragraph 5 (unfair maternity provisions) in sub-paragraph (2)(a), after the word “women” there shall be inserted the word “ members ”.
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In the following enactments, for the words “the Social Security Acts 1975 to 1989” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1990”—
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sections 9(7) and 18(1) of the Social Security Act 1980;
section 4(5) of the Forfeiture Act 1982;
section 5(1)(a) of the Social Security Act 1985;
paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.
Section 21(2). Chapter Short title Extent of repeal 1975 c. 14. Social Security Act 1975. Section 1(1)(c) and the word “and” immediately preceding it. In section 4(7), the words “145”. In section 59B— (a) in subsection (1), the words from “and may become” onwards; (b) in subsection (3), the words “Unless he returns to regular employment”; (c) subsection (4); (d) in subsection (7)(b), the words “or returned to”; and (e) in subsection (8), the words “or as not having returned to”, “as having returned to, or” and “or returned to”. In section 135(5), the word “and” at the end of paragraph (a). 1975 c. 14.cont. Social Security Act 1975cont. In section 137(1) and (2), the words “and the Old Cases Act”. In section 152(6), the words “the Treasurysupplements and”. 1975 c. 16. Industrial Injuries and Diseases (Old Cases) Act 1975. Section 13. 1975 c. 60. Social Security Pensions Act 1975. In section 32(2B)(d)(i), the word “and”. In section 33(2), the words “and (4)”. Section 41A(1A) and (1B). Section 41C(3)(a)(ii). Sections 56B to 56D. Section 56E(1)(c). Sections 56F to 56K. In section 56L— (a) in subsection (1), in paragraph (a), the words “or (c)” and paragraph (b); (b) in subsection (5), paragraph (b) and, in paragraph (c) the words “or the registrar”; and (c) subsection (9). Sections 56M and 56N. In Schedule 1A— (a) in paragraphs 1(1)(b), 2(2)(d) and 11(1)(b), sub-paragraph (ii) and the word “or” immediately preceding it; (b) in paragraphs 1(4) and 11(2), the words “ “relevant employ-ment””; (c) in paragraph 7(4), in paragraph (a), the word “and” immediately preceding sub-paragraph (iii), and paragraph (b); and (d) paragraph 12(1)(b) and the word “or” immediately preceding it. 1976 c. 71. Supplementary Benefits Act 1976. In Schedule 5, paragraph 1. 1977 c. 5. Social Security (Miscellaneous Provisions) Act 1977. Section 1(7)(b). 1977 c. 49. National Health Service Act 1977. In Schedule 15, paragraph 71. 1978 c. 29. National Health Service (Scotland) Act 1978. In Schedule 16, paragraph 44. 1979 c. 18. Social Security Act 1979. Section 4(2)(b). 1980 c. 30. Social Security Act 1980. In Schedule 1, paragraph 15. In Schedule 2, in Part I, paragraph 31(b), (c) and (h). 1982 c. 24. Social Security and Housing Benefits Act 1982. Section 46(3). 1985 c. 53. Social Security Act 1985. Section 27(3) and (4). Section 31(1). Section 32(4). In Schedule 5, paragraphs 12, 22 and 35. 1986 c. 50. Social Security Act 1986. In section 33(10A), the word “and” immediately preceding paragraph (e). In section 79, in subsection (4), the words “Subject to subsection (5) below” and subsection (5). Section 85(4)(a). In Schedule 6— (a) in paragraph 3, sub-paragraphs (2)(a)(ii) and (iii); and (b) in sub-paragraph (3), paragraph (d) and the word “or” immediately preceding it. In Schedule 10, paragraphs 68(1), 78 and 89. 1987 c. 26. Housing (Scotland) Act 1987. Sections 252 and 253. 1988 c. 7. Social Security Act 1988. Section 2(8) and (8A). Section 13(7) and (8). In section 18, in subsections (3) and (4), the words “made by statutory instrument” and subsections (7) and (8). 1989 c. 24. Social Security Act 1989. Section 6(2). In section 22(3), in the definition of “relevant period”, the words from “whether or not” onwards. Section 29(4). In Schedule 1, paragraph 8(3), (4) and (7). In Schedule 2, in Part II, paragraph 1(2) and in paragraph 4(b) the words “as defined in paragraph 1(2) above”. In Schedule 3, paragraph 16. In Schedule 6, paragraphs 6, 7 and 8(1)(a). 1989 c. 24.cont. Social Security Act 1989cont. In Schedule 8, in paragraph 2(6), in the definition of “councillor’s allowance”, in the paragraph (a) substituted by paragraph 113 of Schedule 11 to the Local Government and Housing Act 1989 the words “or in section 18(2) of that Act of 1989” and, in the paragraph (b) so substituted, the words “other than such an allowance as is mentioned in section 18(2) of that Act of 1989” and paragraph 8(2). In Schedule 9, the entry relating to section 41C(3)(a)(ii) of the Pensions Act.