Social Security Act 1989
In section 4 of the principal Act, for subsections (6) to (6B) (computation of primary Class 1 contributions) there shall be substituted—
In subsection (6F) of that section (alteration of number of primary or secondary brackets) the words “primary or” shall be omitted.
In section 122 of that Act (additional power to alter contributions) for paragraph (a) of subsection (1) there shall be substituted—.
In subsection (4) of that section (variation of rates for purpose of adjusting Redundancy Fund) for paragraph (a) there shall be substituted—.
In subsection (6) of that section, for paragraph (a) (maximum variation in Class 1 rates of 025 percentage points) there shall be substituted—.
In section 123A of that Act (further power to alter certain contributions) for subsection (1) there shall be substituted—
In subsection (3) of that section, for paragraph (a) (limit on increase of primary Class 1 rates) there shall be substituted—.
In section 134 of that Act (destination of contributions) in paragraphs (a) and (i) of subsection (4) (“appropriate national health service allocation” and “appropriate employment protection allocation”, when in force, to include specified percentage of earnings in respect of which primary Class 1 contributions were paid) after the word “paid” there shall be inserted the words “at the main primary percentage rate”.
“Initial primary percentage”; “main primary percentage”; “primary percentage” See section 4(6) and (6A). Construe “initial primary percentage rate” and “main primary percentage rate” as references to the percentage rates from time to time specified in section 4(6A)(a) or (b) as the initial or, as the case may be, main primary percentage. “Main primary percentage” See “initial primary percentage”; “main primary percentage”; “primary percentage” above. “Primary percentage” See “initial primary percentage”; “main primary percentage”; “primary percentage” above.
In Schedule 1 to the principal Act (contributions: supplementary provisions) in paragraph 6(1) (matters for which regulations may provide) after paragraph (g) there shall be inserted—.
No payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act shall be made after 31st March 1989 in respect of any contributions whether paid before, on or after that date.
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In subsection (5) (manner in which tables and rules are to be drawn up) after the words “so that in general” there shall be inserted—.
After subsection (5A) there shall be inserted—
After subsection (5B) (duty to maintain and retain records) there shall be inserted—
where, in the case of any two or more separate sums— those sums
In subsection (5) above—
“AFCS benefit” means a benefit payable under an armed and reserve forces compensation scheme established by order under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;
“the Amending Regulations” means the Social Security (Earnings Factor) Amendment Regulations 1985.
“war pension” means— but does not include any pension or benefit administered by the Defence Council, the Minister of the Crown with responsibility for defence or the Commissioners for the Royal Hospital for Soldiers at Chelsea; and
the Department of Social Security;
in any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;
the Department of Employment;
the Lord Chancellor’s Department.
any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section,
“adjudicating authority” means—
section 36(3) of the 1986 Act; and
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).
Section 7
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In section 30 of that Act, in subsection (3) (election to be treated as if entitlement to retirement pension had not commenced) the following shall cease to have effect— For subsection (5) of that section (advance notice of retirement) there shall be substituted the following— Subsection (6)(a) of that section (power to vary 5 year period in sections 27(5) and 30(1)) shall cease to have effect.
In Schedule 1 to the Pensions Act (deferred retirement) for the words from the beginning of the Schedule to “age” in paragraph 1 there shall be substituted—. In paragraph 2 of that Schedule, in sub-paragraph (1), for the words “period of deferment” there shall be substituted the words “period of enhancement”. In this Schedule— In sub-paragraph (3) of that paragraph, for the words “if he had retired on attaining pensionable age” there shall be substituted the words “if his entitlement had not been deferred”. In sub-paragraph (5) of that paragraph, for the words “period of deferment” in both places where they occur there shall be substituted the words “period of enhancement”. In sub-paragraph (6) of that paragraph, for the words “if he had retired from regular employment” there shall be substituted the words “if his entitlement had not been deferred”. In paragraph 3 of that Schedule— In the heading preceding paragraph 4 of that Schedule, for the words “deferred retirement” there shall be substituted the words “deferred entitlement”; and in that paragraph— In paragraph 5 of that Schedule (married women) for sub-paragraphs (1) and (2) there shall be substituted— In sub-paragraph (3) of that paragraph— “Deferred” and “period of deferment” (in relation to entitlement to a Category A or Category B retirement pension) See section 12 of the Pensions Act. “Period of deferment” (in relation to a Category A or Category B retirement pension) See “deferred” and “period of deferment” above.
In section 14 of the principal Act, in subsection (2) (conditions of entitlement for unemployment and sickness benefit) for paragraphs (b) and (c) there shall be substituted— In subsection (6) of that section (rate of benefit: disregard of certain increases) the words following paragraph (c) shall cease to have effect.
In section 15 of that Act (invalidity pension) in subsection (1)(b)(ii) for the words “and not having retired from regular employment” there shall be substituted the words “,but not more than five years over it,”. For subsection (2) of that section (additional conditions for those over pensionable age) there shall be substituted— In subsection (6)(a) of that section (regulations making provision for persons over pensionable age corresponding to section 50A) the words “but have not retired from regular employment” shall cease to have effect.
In section 39(1)(b) of that Act (Category C pension for retired woman over pensionable age whose husband is entitled to such a pension) the words “and has retired from regular employment” shall cease to have effect.
Section 48(2) and (3) of that Act (application of earnings rule in connection with increase of Category A pension in respect of dependants) shall cease to have effect.
In section 50A of that Act (sickness benefit in respect of industrial injury) in subsection (3)(b) for the words “but has not retired from regular employment” there shall be substituted the words “but who is not for the time being entitled to a Category A or Category B retirement pension.” In section 59B of that Act (retirement allowance etc) in subsection (1)— In subsection (3) of that section (duration of entitlement) for the words “Unless he makes an election in accordance with regulations under section 30(3) above” there shall be substituted the words “Unless he returns to regular employment”. For subsection (4) of that section there shall be substituted— In subsection (5) of that section (rate of benefit) for paragraph (a) there shall be substituted—. After subsection (6) of that section there shall be inserted— In section 2 of the Social Security Act 1988, for subsection (8) (which provides that no retired person over pensionable age shall be entitled to reduced earnings allowance except under subsection (4) of that section) there shall be substituted— Subsection (9) of that section (definitions relating to retirement) shall cease to have effect.
In section 8 of the Pensions Act, in subsection (1) (conditions of entitlement for widower’s Category B pension) the words “who has retired from regular employment” shall cease to have effect. For subsection (3) of that section (period of entitlement) there shall be substituted—
In section 15 of that Act, in subsection (5) (disentitlement to widow’s invalidity pension)— In section 16 of that Act, in subsection (5) (disentitlement to widower’s invalidity pension)—
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The clerk to, or other officer or member of the staff of, any of the following bodies—
a social security appeal tribunal;
the Attendance Allowance Board;
a medical appeal tribunal;
a vaccine damage tribunal;
a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
The reference in Part I of this Schedule to the Department of Social Security includes a reference to— but, in the case of paragraphs (a) and (d) above, only to the extent that the functions carried out in the former department related to social security or to occupational or personal pension schemes or to war pensions. In sub-paragraph (1) above—
The reference in Part I of this Schedule to the Department of Employment is a reference to that Department only to the extent that the functions carried out in it relate to unemployment benefit or income support or related to the former supplementary benefit.
The reference in Part I of this Schedule to the Lord Chancellor’s Department is a reference to that Department only to the extent that the functions carried out relate to functions of the Chief Social Security Commissioner or any other Social Security Commissioner.
The reference in Part I of this Schedule to the Commissioners of Inland Revenue is a reference to those Commissioners only to the extent that the functions carried out by them or any officer of theirs relate to—
any of the following aspects of social security—
National Insurance contributions,
statutory sick pay,
statutory maternity pay, or
the tax treatment of occupational or personal pension schemes, as defined in paragraph 1(2) above.
Section 21.
In section 93 of the principal Act (questions for the Secretary of State) after subsection (2) there shall be inserted— In section 115 of that Act (power to make procedure regulations) in subsection (6) (declaration of extent of certain powers) after the word “declared” there shall be inserted “(a)” and at the end of that subsection there shall be added the words and
At the end of section 99 of that Act (decision of adjudication officer) there shall be added—
After section 115 of that Act there shall be inserted— The following provisions of that Act (which enable certain adjudicating authorities to refer matters to medical practitioners or to have the assistance of assessors and which are superseded by sub-paragraph (1) above) shall cease to have effect—
In Schedule 13 to that Act, in paragraph 1 (procedure to be followed in connection with determination of claims and questions by Secretary of State etc) after the words “Secretary of State” there shall be inserted the words “, an adjudication officer”.
In section 100 of that Act (appeals to social security appeal tribunal) in subsection (3) the words from “without leave” onwards shall cease to have effect.
In section 101 of that Act (appeals from social security appeal tribunal to Commissioner on point of law) in subsection (5) (powers of Commissioner when holding that there has been error of law)—
after the words “point of law” there shall be inserted the words “he shall set it aside and”; and
and, subject to any direction of the Commissioner, the tribunal on a reference under paragraph (b) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.
In section 104 of that Act (review of decisions) after subsection (3A) there shall be inserted—
In section 106 of that Act, for subsection (2) (regulations to make provision concerning appeals from decision of the Attendance Allowance Board on point of law etc) there shall be substituted—
In section 112 of that Act (appeals from medical appeal tribunal to Commissioner on point of law)— After subsection (5) there shall be added—
In Schedule 13 to that Act (provision which may be made by procedure regulations) after paragraph 7 there shall be inserted—
In section 104 of that Act (review of decisions) in subsection (1) after paragraph (b) there shall be inserted—. After that subsection there shall be inserted— In subsection (5) of that section (regulations) in paragraph (a) after the words “subsection (1)(b)” there shall be inserted the words “and (bb)”. At the end of paragraph (b) of that subsection there shall be added the words “(whether that period falls wholly or partly before or after the making of the regulations)”.
In section 108 of that Act (disablement questions) at the end of subsection (1) there shall be added the words “(and accordingly fall to be determined by an adjudication officer).” For subsection (4A) of that section there shall be substituted—
Where the assessed extent of a claimant’s disablement amounts to less than 14 per cent., then, subject to sub-paragraphs (3) and (4) below, that assessment shall be a final assessment and the period to be taken into account by it shall not end before the earliest date on which it seems likely that the extent of the disablement will be less than 1 per cent. Sub-paragraph (2) above does not apply in any case where it seems likely that— Where the extent of the claimant’s disablement is assessed at different percentages for different parts of the period taken into account by the assessment, then— In paragraph 5 of that Schedule, in paragraph (a) of the proviso (degree of particularity in assessment of extent and period of disablement)—
In section 53 of the 1986 Act (overpayments) after subsection (1) there shall be inserted— In subsection (4) after the word “unless” there shall be inserted “(a)” and at the end there shall be added the words and
In section 103 of the principal Act (reference of special questions) in subsection (2) after the word “making” there shall be inserted the words “or directing”.
In section 167 of that Act (Parliamentary control of regulations and orders) there shall be added at the end—
In Schedule 10 to that Act (supplementary provision as to social security appeal tribunals etc) paragraphs 1(7) and 2(2) (which require, so far as practicable, tribunal panel members and chairmen to serve in turn) shall cease to have effect.
In paragraph 2(5) of Schedule 12 to that Act (chairmen of medical appeal tribunal to be barrister, advocate or solicitor of at least 7 years standing) for the words “7 years”' there shall be substituted the words “5 years”'.
In Schedule 20 to that Act (glossary of expressions) the definition of “local office” shall be omitted.
Section 22.
In this Schedule— If, after making the relevant deduction from the compensation payment, there would be no balance remaining for payment to the intended recipient, any reference in this Schedule to the making of the compensation payment shall be construed in accordance with regulations. Expressions used in this Schedule and in section 22 of this Act have the same meaning in this Schedule as they have in that section.
The compensator’s liability to make the relevant payment arises immediately before the making of the compensation payment, and he shall make the relevant payment before the end of the period of 14 days following the day on which the liability arises.
It shall be for the compensator to apply to the Secretary of State for the certificate of total benefit and he may, subject to sub-paragraph (5) below, from time to time apply for fresh certificates. The certificate of total benefit shall specify— On issuing a certificate of total benefit, the Secretary of State shall be taken to have certified the total benefit as at every date for which it is possible to calculate an amount that would, on the basis of the information so provided, be the total benefit as at that date, on the assumption that payments of benefit are made on the days on which they first become payable. The Secretary of State may estimate, in such manner as he thinks fit, any of the amounts, rates or periods specified in the certificate of total benefit. A certificate of total benefit shall remain in force until such date as may be specified in the certificate for that purpose and no application for a fresh certificate shall be made before that date. Where a certificate ceases to be in force, the Secretary of State may issue a fresh certificate, whether or not an application has been made to him for such a certificate. The compensator shall not make the compensation payment at any time when there is no certificate of total benefit in force in respect of the victim, unless his liability to make the relevant deduction and the relevant payment has ceased to be enforceable by virtue of paragraph 15 below.
Regulations may make provision exempting persons from liability to make the relevant deduction or the relevant payment in prescribed cases where the amount of the compensation payment in question, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum. Regulations may make provision for cases where an amount has been deducted and paid to the Secretary of State which, by virtue of regulations under sub-paragraph (1) above, ought not to have been so deducted and paid, and any such regulations may, in particular, provide for him to pay that amount to the intended recipient or the compensator or to pay a prescribed part of it to each of them. The reference in section 22(4)(a) of this Act to a “small payment” is a reference to a payment from which by virtue of this paragraph no relevant deduction falls to be made. For the purposes of this paragraph—
– This paragraph applies where— In determining the amount of the relevant deduction and payment required to be made in connection with the later payment, the amount referred to in section 22(1)(a) of this Act shall be reduced by the amount of any relevant payment made in connection with the earlier payment, or, if more than one, the aggregate of those relevant payments. In relation to the later payment, the compensator shall take the amount of the reduction required by sub-paragraph (2) above to be such as may be specified under paragraph 3(2)(d) above in the certificate of total benefit issued to him in connection with that later payment. In any case where— the Secretary of State shall pay the intended recipient an amount equal to the excess. In determining any rights and liabilities in respect of contribution or indemnity, relevant payments shall be treated as damages paid to or for the intended recipient in respect of the accident, injury or disease in question.
This paragraph applies where compensation payments in respect of the same accident, injury or disease fall (or apart from the recoupment provisions would fall) to be made to or in respect of the same victim by two or more compensators. Where this paragraph applies, any two or more of those compensators may give the Secretary of State notice that they are collaborators in respect of compensation payments in respect of that victim and that accident, injury or disease. Where such a notice is given and any of the collaborators makes a relevant payment in connection with such a compensation payment, each of the other collaborators shall be treated as if the aggregate amount of relevant payments specified in his certificate of total benefit, as in force at the time of that relevant payment, or in a fresh certificate which does not purport to reflect the payment, were increased by the amount of that payment.
This paragraph applies where— Where this paragraph applies, the recoupment provisions (other than this paragraph) shall have effect on the following assumptions, that is to say— The intended recipient shall not by virtue of anything in this paragraph become entitled to be paid any sum, whether by the compensator or the Secretary of State, and if on a review or appeal under paragraph 16 or 18 below it appears that the amount paid by a compensator in pursuance of this paragraph was either greater or less than it ought to have been, then— Where any further compensation payment falls to be made to or in respect of the victim otherwise than under the agreement in question, sub-paragraph (2)(a) above shall be disregarded for the purpose of determining the end of the relevant period in relation to that further payment. In any case where— then for the purposes of the recoupment provisions, the primary party shall be regarded as the compensator and the secondary party shall not be so regarded. In determining for the purposes of this paragraph whether any periodical payments would fall to be regarded as compensation payments, section 22(4)(a) of this Act shall be disregarded. In this paragraph “the day of settlement” means—
Where the intended recipient is subject to a bankruptcy order, nothing in the Act 1986 shall affect the operation of the recoupment provisions. Where the estate of the intended recipient is sequestrated, the relevant deduction from the compensation payment shall not form part of the whole estate of the debtor, within the meaning of section 31(8) of the Bankruptcy (Scotland) Act 1985.
In any case where— the Secretary of State shall make such a payment as will secure that the deficiency is made good to the extent of the relevant payment. Where the Secretary of State makes a payment under this paragraph, then, for the purposes of paragraph 3 above, the amount of the payment shall be treated as increasing the total benefit. In the application of this paragraph to Scotland, references in sub-paragraph (1) to a charge under the Acts specified shall be construed as references to any provisions of the Legal Aid (Scotland) Act 1986 for the repayment to the Scottish Legal Aid Fund of sums paid by it on behalf of the intended recipient in respect of the proceedings in which the compensation payment is made.
In any case where— then, notwithstanding anything in section 53 of the 1986 Act or any regulations under that section, the receipt by the Secretary of State of the relevant payment shall be treated as the recovery of the whole or, as the case may be, that part of the overpaid benefit.
during the relevant period, there has, in respect of the accident, injury or disease, been paid to or for the victim any relevant benefit to which he was not entitled (“the overpaid benefit”), and
the amount of the relevant payment is such that, after taking account of the rest of the total benefit, there remains an amount which represents the whole or any part of the overpaid benefit,
In the case of any compensation payment the whole or part of which is made— regulations may make provision for estimating or calculating the portion of the payment which is to be regarded as so made for the purposes of section 22(4)(c) or (d) of this Act.
in consequence of an action under the Fatal Accidents Act 1976, or
in circumstances where, had an action been brought, it would have been brought under that Act, or
in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976,
Nothing in the recoupment provisions requires a court to make any relevant deduction or payment in connection with money in court. Where a party to an action makes a payment into court which, had it been paid directly to the other party, would have constituted a compensation payment, the making of that payment shall be regarded for the purposes of the recoupment provisions as the making of a compensation payment, but the compensator— Where a person making a payment into court withholds an amount in accordance with sub-paragraph (2)(a)(i) above— but no person shall be entitled by virtue of this sub-paragraph to the payment out of court of any amount which has not in fact been paid into court. Where a payment into court is made as mentioned in sub-paragraph (2)(a)(ii) above, the compensator— Where any such payment into court as is mentioned in sub-paragraph (2) above is paid out of court to or for the other party to the action within the initial period, then, as respects the compensator in question, the relevant period shall be taken to have ended on the day on which the payment into court was made. In sub-paragraph (5) above “the initial period” means the period of 21 days following the making of the payment into court, but rules of court may make provision varying the length of that period. Rules of court may make provision regulating or prescribing the practice and procedure to be followed in relation to such payments into court as are mentioned in sub-paragraph (2) above. This paragraph does not extend to Scotland.
Any person who is, or is alleged to be, liable in respect of an accident, injury or disease, or any person acting on his behalf, shall furnish the Secretary of State with the prescribed information relating to any person seeking compensation, or in respect of whom compensation is sought, in respect of that accident, injury or disease. Any person who claims a relevant benefit or who has been in receipt of such a benefit or, if he has died, the personal representatives of such a person, shall furnish the Secretary of State with the prescribed information relating to any accident, injury or disease suffered by that person. Any person— shall furnish the Secretary of State with the prescribed information relating to the payment of statutory sick pay in respect of that person. In sub-paragraph (3) above “employer” has the same meaning as it has in Part I of the 1982 Act. Any person furnishing information under this paragraph shall do so in the prescribed manner, at the prescribed place and within the prescribed time.
If at any time before he makes the compensation payment in question the compensator applies to the Secretary of State in accordance with paragraph 3 above for a certificate of total benefit relating to the victim in question— Where the Secretary of State furnishes any person with a certificate of total benefit, he shall also provide the information contained in that certificate to the person who appears to him to be the victim in relation to the compensation payment in question. The victim may apply to the Secretary of State for particulars of the manner in which any amount, rate or period specified in a certificate of total benefit has been determined.
The liability of the compensator to make the relevant deduction and payment relating to the first compensation payment after the default date shall not be enforceable if— and accordingly, where those liabilities cease to be enforceable, nothing in the recoupment provisions shall prevent the compensator from making that compensation payment. In any case where— he shall be treated for all purposes as if the liability had remained enforceable. Where the compensator, in reliance on this paragraph, does not make the relevant deduction and payment, then— If, in the opinion of the Secretary of State, circumstances have arisen which adversely affect normal methods of communication— In this paragraph “the default date” means the date on which the time limit mentioned in sub-paragraph (1)(c) above expires.
The Secretary of State may review any certificate of total benefit if he is satisfied that it was issued in ignorance of, or was based on a mistake as to, some material fact or that a mistake (whether in computation or otherwise) has occurred in its preparation. On any such review the Secretary of State may either— but he shall not so vary the certificate as to increase the total benefit. In any case where— the Secretary of State shall pay the intended recipient an amount equal to the excess.
An appeal shall lie in accordance with this paragraph against any certificate of total benefit at the instance of the compensator, the victim or the intended recipient, on the ground— No appeal shall be brought under this paragraph until— Notwithstanding sub-paragraph (2) above, where— an appeal may be brought under this paragraph against any certificate of total benefit by reference to which the amount of that relevant payment, or any of those relevant payments, was made. Regulations may— and regulations under paragraph (b) above may, in particular, provide that the circumstances in which such a review may be carried out shall not be restricted to those specified in paragraph 16 above. If any of the medical questions arises for determination on an appeal under this paragraph, the Secretary of State shall refer that question to a medical appeal tribunal, whose determination shall be binding, for the purposes of the appeal, on any social security appeal tribunal to whom a question is referred under sub-paragraph (7) below. A medical appeal tribunal, in determining any of the medical questions, shall take into account any decision of any court relating to the same, or any similar, issue arising in connection with the accident, injury or disease in question. If any question concerning any amount, rate or period specified in the certificate of total benefit arises for determination on an appeal under this paragraph, the Secretary of State shall refer that question to a social security appeal tribunal, but where any medical questions arising on the appeal have been referred to a medical appeal tribunal— On a reference under sub-paragraph (7) above a social security appeal tribunal may either— When the Secretary of State has received the determinations of the tribunals on the questions referred to them under sub-paragraphs (5) and (7) above, he shall in accordance with those determinations either— Regulations may make provision with respect to the procedure for the reference under this paragraph of questions to medical appeal tribunals or social security appeal tribunals. An appeal shall lie to a Commissioner at the instance of the compensator, the victim or the intended recipient from a decision of a medical appeal tribunal or a social security appeal tribunal under this paragraph on the ground that the decision was erroneous in point of law; and for the purposes of appeals under this sub-paragraph— In this paragraph “the medical questions” means—
Where it appears, in consequence of an appeal under paragraph 17 above, that the aggregate amount of the relevant payment or payments actually made exceeds the amount that ought to have been paid, the Secretary of State shall pay the intended recipient an amount equal to that excess. Where it appears, in consequence of such an appeal, that the aggregate amount of the relevant payment or payments actually made is less than the amount that ought to have been paid, the intended recipient shall pay the Secretary of State an amount equal to the deficiency. Without prejudice to any other method of enforcement, an amount payable under sub-paragraph (2) above may be recovered by deduction from any benefits which are prescribed benefits for the purposes of section 53 of the 1986 Act (recovery of overpayments).
This paragraph applies in any case where the compensator has made a compensation payment but— Where this paragraph applies, the Secretary of State may— and that relevant payment shall, to the extent that it does not exceed the amount of the compensation payment, be recoverable by the Secretary of State from the compensator. Any amount recoverable under this paragraph shall— A document bearing a certificate which— shall be conclusive evidence that that amount is so recoverable; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved. Where this paragraph applies in relation to two or more connected compensators, the Secretary of State may proceed against them as if they were jointly and severally liable for an amount equal to the difference between— Nothing in sub-paragraph (5) above authorises the recovery from any person of an amount in excess of the compensation payment by virtue of which this paragraph applies to him (or, if there are two or more such payments which are connected, the aggregate amount of those payments). In sub-paragraphs (5) and (6) above, “connected” means relating to the same victim and the same accident, injury or disease.
Section 58 of the 1986 Act (inspection) shall be amended in accordance with the following provisions of this paragraph. In subsection (2) (powers of inspector to enter, examine and enquire), for sub-paragraph (ii) of paragraph (b) there shall be substituted—. In paragraph (c) of that subsection, after sub-paragraph (ii) there shall be inserted—. In subsection (3) (premises which are liable to inspection) after paragraph (c) there shall be inserted—. In subsection (6) (persons to furnish information required for ascertaining whether certain sums are or have been paid or payable) in paragraph (a), after sub-paragraph (ii), there shall be inserted—. In subsection (7) (persons who are under a duty to provide information) at the end of paragraph (e) there shall be added the words “or to make any compensation payment or relevant payment, within the meaning of the recoupment provisions”. After subsection (9) there shall be added—
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In section 2 of the Law Reform (Personal Injuries) Act 1948, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)— After that subsection there shall be inserted— Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.
In section 31 of the Bankruptcy (Scotland) Act 1985 (vesting of debtor’s estate at date of sequestration) in subsection (8) after the words “subsection (9) below” there shall be inserted the words “ and to paragraph 8(2) of Schedule 4 to the Social Security Act 1989. ”
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Section 23.
Every employment-related benefit scheme shall comply with the principle of equal treatment.
The principle of equal treatment is that persons of the one sex shall not, on the basis of sex, be treated less favourably than persons of the other sex in any respect relating to an employment-related benefit scheme. Sub-paragraphs (3) to (6) below have effect, where applicable, for the purpose of determining whether a scheme complies with the principle of equal treatment. Where any provision of the scheme imposes on both male and female members a requirement or condition— the imposition of that requirement or condition shall be regarded as less favourable treatment of persons of the sex affected. No account shall be taken of— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Where the scheme treats persons of the one sex differently according to their marital or family status, that treatment is to be compared with the scheme’s treatment of persons of the other sex who have the same status. The principle of equal treatment applies in relation to members’ dependants as it applies in relation to members. If any question arises whether a condition or requirement falling within sub-paragraph (3)(a) above is or is not justifiable irrespective of the sex of the members, it shall be for those who assert that it is so justifiable to prove that fact. In this paragraph— For the purposes of this paragraph—
To the extent that any provision of an employment-related benefit scheme does not comply with the principle of equal treatment, it shall be overridden by this Schedule and the more favourable treatment accorded to persons of the one sex shall also be accorded to persons of the other sex. Where more favourable treatment is accorded to any persons by virtue of sub-paragraph (1) above, that sub-paragraph requires them, in accordance with the principle of equal treatment— but persons of either sex may instead elect to receive the less favourable treatment and, in accordance with the principle of equal treatment, pay contributions at the level appropriate to that treatment and bear the other burdens incidental to it. Where any provision of a scheme is overridden by sub-paragraph (1) above, nothing in this Schedule shall affect any rights accrued or obligations incurred during the period before the date on which that provision is so overridden. Sub-paragraph (1) above is without prejudice to the exercise, in compliance with the principle of equal treatment, of any power to amend the scheme.
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Where an employment-related benefit scheme includes any unfair family leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this Schedule “unfair family leave provisions” means any provision— In the case of any unfair family leave provision— but, in respect of a period of paid family leave, a member shall only be required to pay contributions on the amount of contractual remuneration actually paid to or for him in respect of that period. In this paragraph—
In this Schedule—
“employment-related benefit scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employments so as to provide service-related benefits to or in respect of employed or self-employed earners— but does not include a limited scheme;
who have qualifying service in an employment of any such description or category, or
who have made arrangements with the trustees or managers of the scheme to enable them to become members of the scheme,
“limited scheme” means—
any personal scheme for employed earners to which the employer does not contribute;
any scheme which has only one member, other than a personal scheme for an employed earner to which his employer contributes;
any contract of insurance which is made for the benefit of employed earners only and to which the employer is not a party;
“personal scheme” means any scheme or arrangement which falls within paragraph (a) above by virtue of sub-paragraph (ii) of that paragraph (or which would so fall apart from paragraph (b) above);
“public service scheme” has the same meaning as “public service pension scheme” in section 1 of the Pension Schemes Act 1993;
“service-related benefits” means benefits, in the form of pensions or otherwise, payable in money or money’s worth in respect of— and includes, in the case of a member who is an employed earner, any other benefit so payable to or in respect of the member in consequence of his employment.
termination of service;
retirement, old age or death;
interruptions of service by reason of sickness or invalidity;
accidents, injuries or diseases connected with employment;
unemployment; or
expenses incurred in connection with children or other dependants;
Section 160(1) of the Pension Schemes Act 1993 (which renders void any provision making membership of a pension scheme compulsory for an employed earner) shall apply in relation to a self-employed earner as it applies in relation to an employed earner, but with the substitution for references to a personal pension scheme of references to an employment-related benefit scheme which would be such a pension scheme if self-employed earners were regarded as employed earners.
Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision— In the case of any unfair shared parental leave provision— but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period. In this paragraph— “the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so; “period of paid adoption leave” has the same meaning as in paragraph 5B; “period of paid paternity leave” has the same meaning as in paragraph 5A; “period of paid shared parental leave”, in the case of a member, means a period— throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies, and for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay. This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if—
The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to— In sub-paragraph (1) above “the court” means— An application under sub-paragraph (1) above may be commenced in the county court notwithstanding—
Where an employment-related benefit scheme includes any unfair parental bereavement leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this paragraph “unfair parental bereavement leave provisions”, in relation to an employment-related benefit scheme, means any provision— In the case of any unfair parental bereavement leave provision— but, in respect of any period of paid parental bereavement leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory parental bereavement pay actually paid to or for the member in respect of that period. In this paragraph— “the normal employment requirement” is the requirement that any period of paid parental bereavement leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so; “period of paid parental bereavement leave”, in the case of a member, means any period— throughout which a member who is a bereaved parent (within the meaning given by section 171ZZ6(3) of the Social Security Contributions and Benefits Act 1992) is absent from work due to the death of a child, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); and for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory parental bereavement pay. The periods of leave referred to in paragraph (a) of the definition of “period of paid parental bereavement leave” are—
Expressions other than “benefit” which are used in this Part of this Schedule and in the principal Act have the same meaning in this Part of this Schedule as they have in that Act.
Where an employment-related benefit scheme includes any unfair neonatal care leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this paragraph “unfair neonatal care leave provisions”, in relation to an employment-related benefit scheme, means any provision— In the case of any unfair neonatal care leave provision— but, in respect of any period of paid neonatal care leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory neonatal care pay actually paid to or for the member in respect of that period. In this paragraph— The periods of leave referred to in paragraph (a) of the definition of “period of paid neonatal care leave” are—
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sections 53 to 56 of the Pensions Act (equal access to schemes for men and women), and
section 64(3)(dd) of the 1973 Act (functions of the Occupational Pensions Board relating to equal access),
The Secretary of State may by order repeal paragraph 2(4)(a)(i) above; and if and to the extent that he has not done so before 30th July 1999 it shall cease to have effect on that date.
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Section 24.
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in paragraph 2, for the words “his wife or widow” there shall be substituted the words “the member’s wife or husband, widow or widower”;
in paragraph 15(2) and (3)(a) for the words “member’s widow or a dependant of his” there shall be substituted the words “widow or widower or a dependant of the member”;
in paragraphs 15(4) and 16(3)(b), for the word “widow” there shall be substituted the words “widow or widower”; and
in paragraph 17(1), for the words “his widow or a dependant” there shall be substituted the words “a member’s widow or widower or dependant”.
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In section 41B of that Act (protection of widows' pensions) in subsection (1A) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the words and After subsection (3) there shall be inserted— After subsection (5) of that section there shall be inserted—
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the words “unless the person liable for the premium elects in the prescribed manner that this subsection shall not apply” shall cease to have effect; and
after paragraph (b) of that subsection there shall be added the words—“but this subsection shall not apply in any case where its application would result in the amount of the premium being greater than it would have been apart from this subsection.”
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the words “unless the prescribed person otherwise elects in the prescribed manner” shall cease to have effect; and
but this subsection shall not apply in any case where the application of those provisions would result in the amount of the guaranteed minimum being greater than it would have been apart from this subsection.
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in paragraph (f), after the words “section 41B(1)(c)” there shall be inserted “and (i)”; and
after paragraph (h) there shall be inserted—.
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In regulation 22 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 (additional requirement alternative to limited revaluation premium) in paragraphs (3A) and (7A) (which were inserted by regulation 2 of the Contracting-out (Miscellaneous Amendments) Regulations 1988 and which provide for the rate of increase to be 7½ per cent. in certain cases) for the words “and in relation to another scheme,” there shall be substituted the words “ (and whether in relation to the same or another scheme) ”. The amendment by sub-paragraph (1) 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. This paragraph shall be deemed to have come into force on 6th April 1988.
Section 26.
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In section 7A(3) of that Act (late paid Class 2 contributions)—
the words “Class 2” shall be omitted in each place where they occur;
for the words “from the week” there shall be substituted the words “beginning with the week”; and
for the words “to the day” there shall be substituted the words “and ending with the day”.
In section 8(2C) of that Act (late paid Class 3 contributions) for the words “any amount” there shall be substituted the words “any other amount”.
In section 9 of that Act (Class 4 contributions recoverable under Tax Acts)—
in subsection (1), after “payable”, where first occurring, there shall be inserted the words “for any tax year”;
in that subsection, for the words from “any year” to “1975” there shall be substituted the words “the year of assessment corresponding to that tax year”; and
For the purposes of this section the year of assessment which corresponds to a tax year is the year of assessment (within the meaning of the Tax Acts) which consists of the same period as that tax year.
In section 12(1) of that Act (contributory benefits) for paragraph (d) there shall be substituted—.
In section 13(5) of that Act (earnings factors) as it has effect in relation to tax years before 1987-88, for the words “shall be derived” there shall be substituted the words “may be derived”.
In section 24 of that Act (widow’s payment), as substituted by the 1986 Act, the following subsection shall be added at the end—
In section 30(6)(b) of that Act (amendment of provisions relating to earnings after retirement age) for the words “36(5)” there shall be substituted the words “36(8)”.
In section 37(6) of that Act (invalid care allowance) for the words “so be so” there shall be substituted the words “to be so”.
In section 48(3)(a) of that Act (sequence in which certain reductions of Category A pensions are to be made) for the words “45(3)” there shall be substituted the words “45(2A)”.
In section 57(4) of that Act (90 day waiting period for disablement benefit) for the words “Disablement benefit shall not be available to a person” there shall be substituted the words “A person shall not be entitled to disablement benefit”.
In section 59A(1) of that Act, at the end of paragraph (a), there shall be added the word “and”.
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In Schedule 3 to that Act (contribution conditions for entitlement to benefit) in paragraph 8 (satisfaction in early years) in sub-paragraph (1), after the words “short-term benefit” there shall be inserted the words “or a widow’s payment”.
In sub-paragraph (5) of paragraph 2 of Schedule 12 to that Act (constitution of medical appeal tribunals) for the words “to the panel mentioned in sub-paragraph (4)” there shall be substituted the words “chairman of a tribunal under sub-paragraph (4)(a)”.
In Schedule 20 to that Act (glossary of expressions) in the definition of “week” the words “midnight between Saturday and” shall be omitted.
In section 6 of the Pensions Act (rate of Category A retirement pension) the word “References” shall be inserted at the beginning of subsection (5).
In section 15 of the Pensions Act (invalidity pension for widows) after subsection (1) there shall be inserted the following subsection— In consequence of sub-paragraph (1) above, paragraph 17 of Schedule 1 to the Social Security Act 1979 shall cease to have effect.
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the word “and” shall be inserted at the end of paragraph (a); and
in paragraph (b), for the words “transfer of” there shall be substituted the words “the transfer of”.
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In section 27 of the 1982 Act (statutory sick pay: Crown employment) the following subsection shall be added at the end—
In section 44 of that Act (territorial waters) subsection (3) (which is spent) and subsection (4) (which is of no further practical utility) shall be omitted.
In section 47(7)(b)(i) of the 1986 Act (the maternity pay period) for the words “between the 11th and 6th weeks before” there shall be substituted the words “during the period beginning with the 11th week, and ending with the 7th week, before”.
In section 50(1) of that Act (definitions relating to statutory maternity pay) in the definition of “week” the words “midnight between Saturday and” shall be omitted.
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Section 31(1).
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In determining for the purposes of— whether any day is to be treated as a day of incapacity for work in relation to a person, there shall be disregarded any work which that person has undertaken, or is capable of undertaking, as a councillor. Where the amount of councillor’s allowance to which a person is entitled in respect of any week exceeds the permitted earnings limit, an amount equal to the excess shall be deducted from the amount of any incapacity benefit to which he is entitled in respect of that week, and only the balance remaining (if any) shall be payable. In determining whether a person satisfies the conditions of entitlement for an incapacity benefit, he shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which— In determining whether a person satisfies the conditions specified in subsections (2)(b) and (3)(b) of section 36 of the principal Act (severe disablement allowance) he shall be treated as having been incapable of work on any day which falls in the pre-commencement period and which— In subsection (7) of that section (regulations) the following paragraph shall be inserted after paragraph (c)—. In this paragraph— Any reference in this paragraph to the work which a person undertakes, or is capable of undertaking, as a councillor shall be taken to include a reference to any work which he undertakes, or is capable of undertaking, as a member of any of the bodies referred to in— of which he is a member by virtue of his being a councillor.
In section 17 of the principal Act (determination of days for which benefit is payable) after the subsection (2B) inserted by section 10(4) of this Act there shall be inserted—
In section 25 of that Act (widowed mother’s allowance) for subsection (3) there shall be substituted— In section 26 of that Act (widow’s pension) for subsection (3) there shall be substituted— and, subject to the provisions of this Act, he shall become so entitled on the day on which he attains pensionable age and his entitlement shall continue throughout his life. After that subsection there shall be inserted— In section 29 of that Act (Category B retirement pension) for subsection (9) there shall be substituted— In section 39 of that Act (Category C and D retirement pensions etc.) for subsection (3) there shall be substituted—
Section 35 of that Act (attendance allowance) shall be amended in accordance with the following provisions of this paragraph. In subsection (2), for the words “an attendance allowance is payable to any person” there shall be substituted the words “a person is entitled to an attendance allowance”. In subsection (4)— In subsection (4A), for the words “an attendance allowance to be paid to a person” there shall be substituted the words “a person to be entitled to an attendance allowance”.
In section 36 of that Act (severe disablement allowance) after subsection (6) (weekly rate of benefit) there shall be inserted—
In section 47 of that Act (invalidity pension: dependent relative) for paragraph (a) of subsection (1) there shall be substituted— After section 84 of that Act (persons maintaining dependants etc.) there shall be inserted the following section—
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In section 61(2) of the Pensions Act— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Paragraph (a) of section 62(1) of the Pensions Act (affirmative, instead of negative, procedure for regulations under paragraph 5(6) of Schedule 3 to the principal Act relating to contributors who were precluded from regular employment by responsibilities at home) shall cease to have effect. The following regulations, namely— shall have effect, and be taken always to have had effect, as if sub-paragraph (1) above had come into force immediately after the passing of the Pensions Act.
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In section 20 of the 1986 Act (income-related benefits) in subsection (6) (awards of family credit not to be affected by changes of circumstances) there shall be added at the end the words “or by any order under section 63 below.” In section 63(13)(b) of that Act (transitional provision in connection with up-rating orders) for the word “shall” there shall be substituted the word “may”.
In section 23A of the 1986 Act (effect of person’s return to work after a trade dispute) in paragraph (c) (certain sums paid by way of income support to be recoverable in the prescribed manner) for the words “in the prescribed manner” there shall be substituted the words “in accordance with the regulations”.
The following section shall be inserted after section 27 of the 1986 Act—
In Schedule 4 to the 1986 Act (supplementary provisions relating to statutory maternity pay) after paragraph 8 there shall be inserted—
In the following enactments, for the words “the Social Security Acts 1975 to 1986” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1989”—
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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 31(2). 11 & 12 Geo.5 c. 49. War Pensions Act 1921. Sections 1 and 2. 11 & 12 Geo.6 c. 41. Law Reform (Personal Injuries) Act 1948. Section 2(2). 1970 c. 36. Merchant Shipping Act 1970. In section 17(10), the words from “but any application” onwards. 1973 c. 38. Social Security Act 1973. Section 51(7). . . . 1975 c. 14. Social Security Act 1975. In section 1, in subsection (1) the words from “together with” onwards, and subsections (5) and (5A). In section 4(6F), the words “primary or”. In section 7A(3), the words “Class 2” wherever occurring. In section 14(6), the words following paragraph (c). In section 15(6)(a), the words “but have not retired from regular employment”. In section 20(1A) the words “longer or”. Section 27(3), (4) and (5). In section 28(1)(a), the words “and has retired from regular employment”. Section 29(5)(a). In section 30, subsection (1), in subsection (3), in paragraph (a), the words “retired from regular employment or has otherwise” and the words “retired or” and subsection (6)(a). In section 36(7), the word “and” at the end of paragraph (c). In section 39(1)(b), the words “and has retired from regular employment”. 1975 c. 14. (contd.) Social Security Act 1975 (contd.) In section 41(1), the words “section 30(1) of this Act and to”. Section 48(2) and (3). In section 100(3), the words from “without leave” onwards. Section 101(6) and (7). In section 112, subsection (4) and, in subsection (5), the words “or reference” and the words from “and the medical” onwards. Section 122(5). Section 134(3). In section 167(1)(b), the words “section 1(5A)”. In Schedule 10, paragraphs 1(7) and 2(2). In Schedule 11, paragraph 4. In Schedule 13, paragraphs 8 and 9. In Schedule 20, the definition of “local office” and, in the definition of “week”, the words “midnight between Saturday and” and “30(1)”. 1975 c. 60. Social Security Pensions Act 1975. In section 8(1), the words “who has retired from regular employment”. Section 11. Section 27(6). In section 41A(1C), the word “and” at the end of paragraph (b). In section 41B(1A), the word “and” at the end of paragraph (b). Section 41C(3)(a)(ii). In section 45(3), the words from “unless the person” to “shall not apply”. . . . Section 62(1)(a). In Schedule 4, paragraph 39(a). 1977 c. 5. Social Security (Miscellaneous Provisions) Act 1977. In section 21(1), the words “unless the prescribed person otherwise elects in the prescribed manner”. In section 22(2) the words “25(3), 26(3)”. 1979 c. 18. Social Security Act 1979. In Schedule 1, paragraph 17. 1980 c. 30. Social Security Act 1980. Section 10(2)(b). Section 14(7). 1981 c. 1. Social Security (Contributions) Act 1981. Section 2(2). Section 4(5)(a). 1982 c. 2. Social Security (Contributions) Act 1982. Section 2. Section 4(4). In Schedule 1, paragraph 1(4). 1982 c. 24. Social Security and Housing Benefits Act 1982. Section 44(3) and (4). In Schedule 1, in paragraph 7, the words “participate in, or”. In Schedule 4, paragraph 11. 1985 c. 53. Social Security Act 1985. In Schedule 5, paragraph 32. 1986 c. 50. Social Security Act 1986. In section 26(3), the word “and” at the end of paragraph (b). In section 30(2), the words following paragraph (b), other than those added by the Local Government and Housing Act 1989. In section 50(1), in the definition of “week”, the words “midnight between Saturday and”. Section 63(1)(a)(ii). In Schedule 1, in paragraph 7(4) and (5) the words “such as are mentioned in sub-paragraph (2) above”. In Schedule 3, paragraph 15(b). In Schedule 6, in paragraph 3, in sub-paragraph (3)(b), the words “30(1)”, sub-paragraph (3)(c), sub-paragraph (4)(b) and the word “or” immediately preceding it. In Schedule 9, paragraph 11(b). In Schedule 10, paragraph 96. 1988 c. 7. Social Security Act 1988. Section 2(9). 1988 c. 43. Housing (Scotland) Act 1988. Section 70(4). 1988 c. 50. Housing Act 1988. Section 121(5). The repeal in section 1(1) of the principal Act and the repeal of sections 1(5) and (5A) and 134(3) of that Act, section 27 of the Pensions Act, section 2 of the Social Security (Contributions) Act 1981 and section 2 of the Social Security (Contributions) Act 1982 have effect in relation to payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act in respect of any contributions whether paid before, on or after 31st March 1989. The repeal in section 20(1A) of the principal Act does not affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988.
“period of paid paternity leave”, in the case of a member, means a period— throughout which the member is absent from work in circumstances where sub-paragraph (5), (6) , (7), (7A) or (7B) ... applies, and for which the employer (or if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory paternity pay; and “the normal employment requirement” is the requirement that any period of paid paternity leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so. This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The amendment by subsection (5) 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, whether in relation to the tax years there mentioned or otherwise.
The Social Security (Earnings Factor) Amendment Regulations 1988 shall have effect, and be deemed always to have had effect, as if the amendment made by subsection (3) above had come into force before the making of those regulations.
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In section 26(3) of that Act (person liable to maintain spouse and children etc)—
in paragraph (a), for the words “his children” there shall be substituted the words “any children of whom he is the father”;
in paragraph (b), for the words “her children” there shall be substituted the words “any children of whom she is the mother”; and
after paragraph (c) there shall be added the words and
In section 26(4) of that Act (reference to a person’s children to be construed in accordance with the Family Law Reform Act 1987) for the words “a person’s children” there shall be substituted the words “children of whom the man or the woman is the father or the mother”.
In section 26(5) of that Act (adaptation for Scotland)—
after the word “children” where first occurring there shall be inserted the words “of whom the man or the woman is the father or the mother”; and
for that word where next occurring there shall be substituted the words “any such children”.
In section 17(2)(a) of the Merchant Shipping Act 1970 (seaman’s dependants to consists of his spouse and certain persons under the age of sixteen) for the word “sixteen” there should be substituted the word “ nineteen”.
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was over the age of 40 but under the age of 55 at the time of her husband’s death, or
is over the age of 40 but under the age of 55 at the time when she ceases to be entitled to a widowed mother’s allowance,
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The Social Security Benefit (Dependency) Amendment Regulations 1989 shall have effect, and be taken always to have had effect, with the insertion after regulation 3 (which made amendments concerning widowed mother’s allowance to regulation 4B of the Social Security Benefit (Dependency) Regulations 1977) of the following—
In any case where— the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.
a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before the passing of this Act, and
the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after its passing she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,
Where, apart from section 165A of the principal Act (making of claim a condition of entitlement), a widow falling within subsection (1) above would be entitled to a widow’s pension for any period beginning on or after 11th April 1988, then, notwithstanding anything in that section, she shall be entitled to that pension for that period if she has made a claim for it before the end of the period of twelve months beginning with the passing of this Act.
Where a widow’s late husband died on or after 7th October 1987 and before 11th April 1988 and, apart from section 165A of the principal Act, she would have become entitled to a widow’s allowance on his death, then if either— she shall, notwithstanding anything in that section, be entitled to the widow’s allowance (and, accordingly, in a case falling within paragraph (b) above, to the widowed mother’s allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the passing of this Act.
she was over the age of 40 but under the age of 55 at the time of his death, or
she would, apart from that section, have been entitled to a widowed mother’s allowance on the cessation of her entitlement to the widow’s allowance,
Where in consequence of any of the amending provisions 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.
is not entitled to a benefit under section 25 or 26 of the principal Act, or
is entitled to such a benefit at a particular rate,
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.
it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and
the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,
Section 28 of the Social Security Administration Act 1992(appeals from reviews) shall apply in relation to a review under this section as it applies in relation to a review Section 25 of that Act.
In this section—
an adjudication officer;
a social security appeal tribunal;
a Commissioner; and
“the amending provisions” are—
section 36(3) of the 1986 Act; and
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).
The amendment by this section 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 section shall be taken to prejudice section 16 or 17 of the Interpretation Act 1978 (effect of repeals, substitutions etc).
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In section 28(1)(a) of that Act (conditions of entitlement to Category A retirement pension) the words “and has retired from regular employment” shall cease to have effect.
In section 29 of that Act (woman’s Category B retirement pension)—
in subsections (2) and (3) (first and second cases of entitlement) in paragraph (a), for the words “both of them have retired from regular employment” there shall be substituted the words “has become entitled to a Category A retirement pension”; and
in subsection (5), paragraph (a) (requirement, in fourth such case, to have retired from regular employment) shall cease to have effect.
For section 12 of the Pensions Act (deferred retirement) there shall be substituted the following—
Subsection (1) above affects the rate of pension to which a person is entitled for the week in which that subsection comes into force as well as any subsequent week (“week” having the same meaning in this subsection as it had in the proviso to the said section 30(1) immediately before its repeal).
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In section 37A of the principal Act (mobility allowance), in paragraphs (a) and (aa) of subsection (5) and in subsection (6A) (each of which refers to the age of 75) for “75” there shall be substituted “80”.
For subsection (6B) of that section there shall be substituted—
In section 5 of the Social Security (No. 2) Act 1980 (abatement of unemployment benefit on account of payments of occupational pensions) in subsections (1), (2) and (4) for the words “occupational pension” in each place where they occur there shall be substituted the words “occupational or personal pension”.
“payments by way of occupational or personal pension” means, in relation to a person, periodical payments which, in connection with the coming to an end of an employment of his, fall to be made to him— and such other payments as are prescribed.
In sections 47B and 66A of the principal Act (earnings to include occupational pensions for the purposes of certain benefits) for the words “occupational pension” in each place where they occur there shall be substituted the words “occupational or personal pension”.
In Schedule 20 to that Act (glossary of expressions) in the entry relating to “payments by way of occupational pension” for the words “occupational pension” there shall be substituted the words “occupational or personal pension”.
Section 17 of the principal Act (determination of days for which benefit is payable) shall have effect with the amendments made by subsections (2) to (4) below, which are made for the purpose of requiring a claimant for unemployment benefit to show that he is actively seeking employment.
In subsection (1)(a)(i) (days not to be treated as days of unemployment unless certain conditions are fulfilled) after the words “available to be employed in employed earner’s employment” there shall be inserted the words “and that day falls in a week in which he is, or is deemed in accordance with regulations to be, actively seeking such employment”.
In subsection (2) (regulations) after paragraph (a) there shall be inserted—.
After subsection (2A) of that section (determination of actual availability for employment on review of determination of deemed availability) there shall be inserted—
In section 104 of that Act (review of decisions), in subsection (1)(d), after the words “section 17(2A)” there shall be inserted the words “or (2B)”.
In section 18 of the principal Act, for subsection (2) (requalification for unemployment benefit) there shall be substituted—
In subsection (1) of section 20 of the principal Act (disqualifications etc)—
at the beginning, there shall be inserted the words “Subject to section 20A below”;
in paragraphs (b), (c) and (d), for the words “suitable employment” there shall be substituted the word “employment”;
in paragraphs (c) and (g), immediately before the word “neglected” there shall be inserted the words “without good cause”.
In subsection (1A) of that section the words “longer or” shall cease to have effect.
For subsection (4) of that section (meaning of “suitable employment”) there shall be substituted—
After that section there shall be inserted—
Regulations may make provision modifying the meaning of “employment” for the purposes of any provision of this Act.
Nothing in subsection (2) above shall affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988 (which substituted the period of 26 weeks for the period of 13 weeks in section 20(1) of the principal Act).
In section 20 of the 1986 Act (income-related benefits) in subsection (3)(d)(i) (availability for employment as a condition for income support) after the words “available for” there shall be inserted the words “, and actively seeking,”.
In subsection (12) of that section, for paragraph (d) (regulations defining availability for employment etc) there shall be substituted—.
In section 28 of the 1986 Act (arrangements for housing benefit) after subsection (1) there shall be inserted—
Subsection (1) above shall be deemed to have come into force on 1st April 1988.
In section 30 of the 1986 Act, in subsection (2) (computation etc of housing benefit subsidy) the words following paragraph (b), other than those added by the Local Government and Housing Act 1989, shall cease to have effect and after that subsection there shall be inserted—
For subsection (8) of that section (conditions for payment of subsidy) there shall be substituted the following—
Any expenses of the Secretary of State in making payments to persons falling within subsection (2) or (3) below may be paid out of money provided by Parliament.
A person falls within this subsection if—
he was entitled to supplementary benefit immediately before 11th April 1988, but
he did not become entitled to income support in respect of the week beginning with that day.
A person falls within this subsection if he was entitled to any one or more of the former housing-related benefits in respect of a qualifying week but either—
he did not become entitled to housing benefit under Part II of the 1986 Act in respect of the commencement week, or
the amount of any such housing benefit to which he became entitled in respect of that week was less than the amount of the former housing-related benefits to which he had been entitled in respect of the qualifying week.
In this section—
“war pension” means—
Where an employment-related benefit scheme includes any unfair paternity leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this paragraph “unfair paternity leave provisions”, in relation to an employment-related benefit scheme, means any provision— In the case of any unfair paternity leave provision— but, in respect of any period of paid paternity leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory paternity pay actually paid to or for him in respect of that period. In this paragraph—
“the Amending Regulations” means the Social Security (Earnings Factor) Amendment Regulations 1985.
“period of paid adoption leave”, in the case of a member, means a period— throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7) or (8) applies, and for which the employer (or, if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory adoption pay; and “the normal employment requirement” is the requirement that any period of paid adoption leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so. This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if— This sub-paragraph applies if—
For the purposes of this section—
a person shall be regarded as having been entitled to housing benefit supplement in respect of a week if an amount was applicable in respect of him under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983 in respect of that week; and
the amount of housing benefit supplement to which he was entitled in respect of that week shall be taken to be an amount equal to the amount so applicable.
After section 63 of the 1986 Act (annual review of certain sums) there shall be inserted the following—
In that Act—
in section 64 (effect of alteration of rates of benefit) in subsection (1)(b), after the words “section 63” there shall be inserted the words “or 63A”;
in section 83, in subsection (3) (statutory instruments which require affirmative procedure) in paragraph (d), after the words “section 63” there shall be inserted the words “or 63A”; and
in subsection (5) of that section (Treasury consent) for the words “or 63” there shall be substituted the words “,63 or 63A”.
In section 59B of the principal Act (retirement allowance) after subsection (5) there shall be inserted—
Section 2 of the Social Security Act 1988 (certain persons to be entitled to reduced earnings allowance after introduction of retirement allowance etc) shall have effect with the amendments specified in subsections (5) and (6) below.
After subsection (5) there shall be inserted—
In subsection (7) (relevant date for persons entitled to the allowance by virtue of subsection (4)(b)) after the words “by virtue” there shall be inserted the word “only”.
Subsections (3) to (6) above shall be deemed to have come into force on 10th April 1989.
After section 64 of the 1986 Act (effect of alteration of rates of benefit) there shall be inserted—
A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.
A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—
which he acquired in the course of his employment;
which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 2 to this Act or in any corresponding enactment having effect in Northern Ireland; and
which relates to a particular person.
It is not an offence under this section—
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
to disclose information which has previously been disclosed to the public with lawful authority.
It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
For the purposes of this section, the persons who are “employed in social security administration or adjudication” are— and “employment”, in relation to any such person, shall be construed accordingly.
any person specified in Part I of Schedule 2 to this Act or in any corresponding enactment having effect in Northern Ireland;
any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and
any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies;
For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 2 to this Act or any corresponding enactment having effect in Northern Ireland to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Northern Ireland, and for this purpose “government department” shall be taken to include the Commissioners of Inland Revenue.
For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are— and “employment”, in relation to any such person, shall be construed accordingly.
the Comptroller and Auditor General;
the Comptroller and Auditor General for Northern Ireland;
the Parliamentary Commissioner for Administration;
the Northern Ireland Parliamentary Commissioner for Administration;
the Health Service Commissioner for England;
the Health Service Commissioner for Wales;
the Health Service Commissioner for Scotland;
the Northern Ireland Commissioner for Complaints;
any member of the staff of the National Audit Office or of the Northern Ireland Audit Office;
any other person who carries out the administrative work of either of those Offices, or who provides, or is employed in the provision of, services to either of them; and
any officer of any of the Commissioners referred to in paragraphs (c) to (h) above;
For the purposes of this section a disclosure is to be regarded as made with lawful authority if, and only if, it is made— and in this subsection “the person responsible” means the Secretary of State, the Lord Chancellor or any person authorised by the Secretary of State or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Northern Ireland.
in accordance with his official duty—
by a civil servant; or
by a person employed in the audit of expenditure or the investigation of complaints who does not fall within subsection (8)(j) above;
by any other person either—
for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or
to, or in accordance with an authorisation duly given by, the person responsible;
in accordance with any enactment or order of a court;
for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 2 to this Act; or
with the consent of the appropriate person;
For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—
under a power of attorney,
by a receiver appointed under section 99 of the Mental Health Act 1983 or any corresponding enactment having effect in Northern Ireland,
by a Scottish mental health custodian, that is to say—
a curator bonis, tutor or judicial factor, or
the managers of a hospital acting on behalf of that person under section 94 of the Mental Health (Scotland) Act 1984, or
by a mental health appointee, that is to say— the appropriate person is the attorney, receiver, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.
a person directed or authorised as mentioned in sub-paragraph (a) of rule 41(1) of the Court of Protection Rules 1984 or any similar appointee in Northern Ireland, or
a receiver ad interim appointed under sub-paragraph (b) of that rule or any similar appointee in Northern Ireland,
This section shall come into force with the repeal of section 2 of the Official Secrets Act 1911.
in subsection (1) (information obtained in connection with the assessment or collection of income tax) after the word “obtained” there shall be inserted the words “or held”; and
in subsection (2) (which restricts the information which may be so disclosed about self-employed earners to the commencement and cessation of their trade etc) after the words “cessation of” there shall be inserted the words “, and employed earners engaged in,”.
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deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;
pay to the Secretary of State an amount equal to that which is required to be so deducted; and
furnish the person to whom the compensation payment is or, apart from this section, would have been made (the “intended recipient”) with a certificate of deduction.
Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.
In this section—
“certificate of total benefit” means a certificate given by the Secretary of State in accordance with Schedule 4 to this Act;
For the purposes of this section the following are the “exempt payments”—
any small payment, as defined in paragraph 4 of Schedule 4 to this Act;
any payment made to or for the victim under section 35 of the Powers of Criminal Courts Act 1973 or section 58 of the Criminal Justice (Scotland) Act 1980;
any payment to the extent that it is made—
in consequence of an action under the Fatal Accidents Act 1976; or
in circumstances where, had an action been brought, it would have been brought under that Act;
any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976;
without prejudice to section 6(4) of the Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;
any award of compensation made to or in respect of the victim by the Criminal Injuries Compensation Board under section 111 of the Criminal Justice Act 1988;
any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
the accident, injury or disease suffered by the victim in question; or
the same or any connected accident, injury or disease suffered by another;
any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (g) above or not);
any payment made to the victim by an insurance company within the meaning of the Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—
the date on which the victim first claims a relevant benefit in consequence of the disease in question; or
the occurrence of the accident or injury in question;
any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.
The Secretary of State may by regulations provide that any prescribed payment shall be an exempt payment for the purposes of this section.
Except as provided by any other enactment, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.
Schedule 4 to this Act shall have effect for the purpose of supplementing the provisions of this section; and this section shall have effect subject to the provisions of that Schedule.
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an accident or injury occurring on or after 1st January 1989; or
a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.
Schedule 5 to this Act shall have effect for the purpose of implementing the directive of the Council of the European Communities, dated 24th July 1986, relating to the principle of equal treatment for men and women in occupational social security schemes, and of making additional, supplemental and consequential provision.
The enactments and instruments mentioned in Schedule 6 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.
The Secretary of State may by regulations establish committees, known as war pensions committees, for such areas as may be specified in the regulations; and the regulations may, in particular, include provisions with respect to—
the membership of the committees;
the manner in which the members are to be appointed and the period for which, and the terms on which, they are to hold office; and
the manner in which they may be removed.
... the regulations may, in particular, provide that it is a function of a committee —
to consider any matter connected with war pensions or AFCS benefits or affecting people in its area who are war pensioners or AFCS benefit recipients and, where it thinks it appropriate, to make recommendations to the Secretary of State about that matter;
to consider complaints made to it by people receiving or claiming war pensions or AFCS benefits and, if it thinks fit, to make representations about those complaints to the Secretary of State;
to consider any matters referred to it by the Secretary of State and to report to him on those matters with such recommendations as it may think fit; and
to assist the War Pensioners’ Welfare Service in looking after the welfare of people in its area who are war pensioners or AFCS benefit recipients .
The regulations may give the committees functions relating to one or more of the following—
war pensions;
war pensioners;
AFCS benefits;
AFCS benefit recipients.
The regulations may include provisions with respect to the manner in which the committees are to discharge the functions conferred on them; and they shall exercise their functions subject to, and in accordance with, any such provisions.
In this section— but does not include any pension or benefit administered by the Defence Council or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security); and “war pensioner” means a person in receipt of a war pension, in his capacity as such a pensioner.
“AFCS benefit recipient” means a person in receipt of an AFCS benefit, in the person's capacity as such;
any pension or other benefit, payable otherwise than under an enactment, for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces of the Crown,
any pension or benefit awarded under—
the Personal Injuries (Emergency Provisions) Act 1939,
the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or
the Polish Resettlement Act 1947,
any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the Statute Law Revision Act 1958 (seamen and fishermen killed or injured in the 1914-1918 war),
any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section,
In section 9(1) of the Chronically Sick and Disabled Persons Act 1970 (central advisory committee to include chairmen of at least 12 war pensions committees) for the words “by schemes under section 1 of that Act” there shall be substituted the words “by regulations under section 25 of the Social Security Act 1989”.
The regulations may provide for the committees to have names specified in the regulations (as well as being known as war pensions committees).
In the War Pensions Act 1921—
sections 1 and 2 (which are superseded by this section) shall cease to have effect; and
in section 3 (constitution of central advisory committee) for the words “under this Act” there shall be substituted the words “under section 25 of the Social Security Act 1989”.
The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of enactments relating to social security or pensions.
The amendment by that Schedule of any provision contained in any enactment by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that provision.
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 sections . . . , 6, 7, . . . above, 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.
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into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and
into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.
Any expenses of the Secretary of State in making payments under paragraph 4, 16 or 18 of Schedule 4 to this Act shall be paid—
out of money provided by Parliament, to the extent that the Secretary of State estimates that those payments relate to sums paid into the Consolidated Fund; and
out of the National Insurance Fund, to the extent that he estimates that they relate to sums paid into that Fund.
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 1992shall apply in relation to any power conferred by any provision of this Act 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.
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the first regulations made under section 17 of the principal Act by virtue of section 10 above, or
the first regulations made by virtue of section 12 above, or
the first regulations made under section 20 of the 1986 Act by virtue of section 13 above, or
the first regulations prescribing relevant benefits for the purposes of section 22 above, or
the first regulations made under section 59B(7) of the principal Act (retirement allowance) by virtue of paragraph 8(6) of Schedule 1 to this Act, or
the first regulations made under section 2 of the Social Security Act 1988 (reduced earnings allowance etc) by virtue of paragraph 8(7) of that Schedule, or
the first regulations under paragraph 4 of Schedule 4 to this Act, or
any regulations under paragraph 21(2) of that Schedule,
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 orders under section 33 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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regulations prescribing relevant benefits for the purposes of section 22 above, or
regulations under paragraph 4 of Schedule 4 to this Act,
A power conferred by this Act to make any regulations or 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.
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In this Act, unless the context otherwise requires—
“the 1973 Act” means the Social Security Act 1973;
“the 1973 Act” means the Social Security Act 1973;
“the 1986 Act” means the Social Security Act 1986;
Where an employment-related benefit scheme includes any unfair adoption leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then— In this paragraph “unfair adoption leave provisions”, in relation to an employment-related benefit scheme, means any provision— In the case of any unfair adoption leave provision— but, in respect of any period of paid adoption leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory adoption pay actually paid to or for him in respect of that period. In this paragraph—
In this Act references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.
The enactments mentioned in Schedule 8 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 9 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,
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.
This Act may be cited as the Social Security Act 1989; and this Act, other than section 25, and the Social Security Acts 1975 to 1988 may be cited together as the Social Security Acts 1975 to 1989.
Apart from the provisions specified in subsection (3) below, this Act shall come into force on 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 2, 3, 4, 6, 14 to 20, 28, 29, 30, 31(3), 32 and this section;
Schedule 2;
paragraphs 1, 12 and 13 of Schedule 3 (and section 21 so far as relating to those paragraphs),
paragraphs 6 to 8, 14 and 16 to 21 of Schedule 6 (and section 24 so far as relating to those paragraphs);
paragraphs 2 to 7, 13 and 15 of Schedule 7 (and section 26 so far as relating to those paragraphs);
paragraphs 1, 4 to 6, 8 to 13, 17 and 18 of Schedule 8 (and section 31 so far as relating to those paragraphs);
the repeals in Schedule 9 to the extent that they are consequential on any provision specified in paragraphs (a) to (f) above (and section 31 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.
Paragraph 12 of Schedule 4 does not extend to Scotland.
Sections 25, 31(3), 32 and this section and paragraph 20A of Schedule 4extend to Northern Ireland.
Except as provided by this section, this Act does not extend to Northern Ireland.