October 2016 Plenary Meetings of the Forum for Security Co-operation
In this Act—
“the consolidating Acts” means the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and
“the consolidating Acts” means the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and
“the repealed enactments” means the enactments repealed by this Act.
The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.
Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.
Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.
Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.
The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule.
Those repeals include, in addition to repeals consequential on the consolidation of provisions in the consolidating Acts, repeals in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of section 30(6)(b) of the Social Security Act 1975, paragraphs 2 to 8 of Schedule 9 to that Act, paragraph 2(1) of Schedule 10 to that Act and section 10 of the Social Security Act 1988.
The repeals have effect subject to any relevant savings in Schedule 3 to this Act.
The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).
The transitional provisions and savings in Schedule 3 to this Act shall have effect.
Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.
The transitory modifications in Schedule 4 to this Act shall have effect.
This Act may be cited as the Social Security (Consequential Provisions) Act 1992.
This Act shall come into force on 1st July 1992.
Section 2 above and this section extend to Northern Ireland.
Subject to subsection (5) below, where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
The repeals— do not extend to Northern Ireland.
of provisions of sections 10, 13 and 14 of the Social Security Act 1980 and Part II of Schedule 3 to that Act;
of enactments amending those provisions;
of paragraph 2 of Schedule 1 to the Capital Allowances Act 1990; and
of section 17(8) and (9) of the Social Security Act 1990,
Section 6 above and Schedule 4 to this Act extend to Northern Ireland in so far as they give effect to transitory modifications of provisions of the consolidating Acts which so extend.
Except as provided by this section, this Act does not extend to Northern Ireland.
Section 4 above extends to the Isle of Man so far as it relates to paragraphs 53 and 54 of Schedule 2 to this Act.
Section 3. Chapter Short title Extent of repeal 1974 c. 14. National Insurance Act 1974. Section 6(1) and (3). 1975 c. 14. Social Security Act 1975. The whole Act. 1975 c. 16. Industrial Injuries and Diseases (Old Cases) Act 1975. The whole Act. 1975 c. 18. Social Security (Consequential Provisions) Act 1975. In Schedule 2, paragraphs 6, 8 and 9, 11, 69 and 70.In Schedule 3, paragraphs 1 to 20. 1975 c. 60. Social Security Pensions Act 1975. Part I.Sections 6 to 10.Sections 12 to 16A.Sections 18 to 21.Sections 23 to 25.Section 51A(13).Section 60(1)(a).In section 60 A, the words “6(3)”and “, and paragraphs 2(3) and 4A of Schedule 1 to,”.Section 62(1) and (3).In section 64(2) the words from “and as respects”to the end.Section 65(4). In section 66(2), in paragraph (a), the words “Part I and”and in paragraph (b) the words “(except section 22)”.Schedule 1. In Schedule 4, paragraph 35 to 46,49,50, 53 to 64 and 66 and 67. 1975 c. 61. Child Benefit Act 1975. The whole Act. 1976 c. 5. Education (School-leaving Dates) Act 1976. Section 2(4). 1976 c. 71. Supplementary Benefits Act 1976. Sections 22 and 23.In Schedule 7, paragraph 36. 1977 c. 5. Social Security (Miscellaneous Provisions) Act 1977. Sections 1 and 2.Section 3(1).Sections 4 to 6.Sections 8 to 11.Section 13.Sections 17 and 18.Section 20(1) and (2).Section 22(1) to (5).In section 23(2) the words from “and as respects”to the end.In section 24, in subsection (1), the definition of the “Old Cases Act”, and subsections (2) and (4).Schedule 1. 1977 c. 49. National Health Service Act 1977. In Schedule 15, paragraphs 63, 64 and 67. 1978 c. 29. National Health Service (Scotland) Act 1978. In Schedule 16, paragraph 40. 1978 c. 44. Employment Protection (Consolidation) Act 1978. In Schedule 16, paragraphs 19 and 29. 1979 c. 18. Social Security Act 1979. Section 2.Sections 4 and 5.Section 9(1).Section 10.Sections 14 and 15.Section 19.Section 20(3).Schedule 1.Schedule 2.In Schedule 3, paragraphs 4 to 8, 10 and 11, in paragraph 13, the words “6(3) and”and paragraphs 14, 15, 23, 29, 31 and 32. 1980 c. 30. Social Security Act 1980. Section 2.In section 3, subsections (1) to (3) and (11).Section 4(3), (5) and (6).Section 5(1).Section 6(2) and (4). In section 9, subsections (1) and (2), in subsection (3), the words from the beginning to “and,”in the second place where it occurs, in subsection (4) the words the “Secretary of State and”and subsections (5) and (7). In section 10, subsections (1) to (5) and in subsection (9) the words the “Secretary of State in conjunction with the Treasury or by”, “or section 61 of the Social Security Act 1986”and “the Secretary of State or”.Section 11.Section 13(1) to (3), (5) and (6).Section 14.Sections 17 and 18.Section 19(3).Schedule 1.In Schedule 2, paragraph 21.Schedule 3.In Schedule 4, paragraphs 10 and 14. 1980 c. 39. Social Security (No. 2) Act 1980. The whole Act. 1980 c. 43. Magistrates’ Courts Act 1980. In section 65(1), the paragraph (m) inserted by paragraph 54 of Schedule 10 to the Social Security Act 1986.In Schedule 7, paragraph 135. 1980 c. 48. Finance Act 1980. In Schedule 19, in paragraph 5(4), the words “section 133(3) of the Social Security Act 1975”. 1981 c. 1. Social Security (Contributions) Act 1981. The whole Act. 1981 c. 20. Judicial Pensions Act 1981. In Schedule 3, paragraph 10. 1981 c. 33. Social Security Act 1981. Sections 5 and 6.Section 8(2).In Schedule 1, paragraphs 3(a), 6 and 7.In Schedule 2, paragraph 2. 1982 c. 2. Social Security (Contributions) Act 1982. The whole Act. 1982 c. 23. Oil and Gas (Enterprise) Act 1982. In Schedule 3, paragraphs 21 and 44. 1982 c. 24. Social Security and Housing Benefits Act 1982. Sections 1 to 7.Section 9.Sections 17 and 18.Sections 22, 23 and 23A.Sections 26 and 27.Section 37.Section 39(1) to (4).Section 44.Section 46(2).Section 48(2).Schedule 1.In Schedule 2, paragraphs 1 to 4.In Schedule 4, paragraphs 7 to 10, 12 and 13, 15 to 18, 30 to 34 and 39. 1982 c. 34. Forfeiture Act 1982. In section 4(5), the entry relating to the Child Benefit Act 1975. 1983 c. 41. Health and Social Services and Social Security Adjudications Act 1983. Schedule 8, except paragraphs 1(3)(a) and 29. 1984 c. 48. Health and Social Security Act 1984. Sections 11 to 14.Sections 16 to 18.Schedule 4.Schedule 5.In Schedule 7, paragraphs 1 to 3 and 6 to 8. 1985 c. 53. Social Security Act 1985. Section 7.Section 8(1).Sections 9 to 13.Section 18.Section 20.Section 27.Section 30.In Schedule 3, paragraph 1.In Schedule 4, paragraphs 3 to 7.In Schedule 5, paragraphs 5, 8 and 9, 11 and 13 to 15. 1986 c. 50. Social Security Act 1986. Sections 18 to 29.Section 30(1) to (9) and (11).Sections 31 to 36.Section 37(1).Section 38.Sections 40 to 51.Section 52(3) to (10).Section 53.Section 54(2).Section 55. In section 56, in subsection (2)(a) the words “other than an offence relating to housing benefit or community charge benefits”, subsection (2)(b) and the word “and”immediately preceding it, subsection (3)(b) and the word “and”immediately preceding it and subsections (4) to (4B).Section 58. In section 61, in subsection (1), the words “the Committee, the Council or”, in subsection (3), the words “the Committee, the Council or” and “or, in the case of the Council, given their advice,”, in subsection (4), the words “Committee or”, in each place where they occur, in subsection (5), the words “the Committee, the Council or”, subsections (7) to (9) and in subsection (10), the definitions of “the Committee” and “the Council”.Sections 62 to 69.Section 70(1).Sections 73 and 74.Section 79(3) and (4). In section 80(1), the words “and V”.Section 81. In section 83, subsection (2), subsection (3)(b) to (e) and in subsection (5), the words from “30”to “section”in the second place where it occurs. In section 84, in subsection (1), the definition of “applicable amount”, paragraphs (c) and (d) of the definition of “the benefit Acts”,the definitions of “dwelling”, “housing authority”, “housing benefit scheme”, “Housing Revenue Account dwelling”, “income- related benefit”, “local authority”, “long term benefit”, “newtown corporation”, “primary Class 1 contributions”, “ secondary Class 1 contributions”, “qualifying benefit”, “rate rebate”, “rent allowance”, “rates”, “rating authority”, “trade dispute”, “war disablement pension”and “war widow’s pension”and subsection (3). In section 85, subsection (1)(a) to (c) and (f), subsection (3)(c) and (d), subsection (4), in subsection (5), the words “and (7)”, subsection (7), in subsection (8), the words from “and sums” to the end and subsections (9) to (12).Schedule 3, except paragraph 17.Schedule 4.In Schedule 5, paragraphs 2 to 20 and in Part II, paragraphs (b) and (c).Schedules 6 and 7.In Schedule 8, paragraphs 1 to 3 and 5 to 7.In Schedule 10, paragraphs 10, 34, 40, 48, 54, 62 to 67, 68(2), 69, 70, 72, 74, 77, 83 to 88, 90 to 92, 95, 97 to 100, 103(a) and (b), 104 to 107 and 108(a). 1987 c. 7. Social Fund (Maternity and Funeral Expenses) Act 1987. The whole Act. 1987 c. 18. Debtors (Scotland) Act 1987. Section 68. 1987 c. 42. Family Law Reform Act 1987. Section 2(1)(g).In Schedule 2, paragraphs 59 and 91 to 93. 1988 c. 1. Income and Corporation Taxes Act 1988. In Schedule 29, in paragraph 14, the words “the Social Security Act 1975 and”, and in paragraph 32, the entries relating to the Social Security Act 1975 and the Social Security Act 1986. 1988 c. 7. Social Security Act 1988. Sections 1 to 8.Sections 10 and 11.Section 17. In section 18, in subsection (2), the words from section 1 to that Act.Schedule 1.In Schedule 2, paragraph 1(1).Schedule 3.In Schedule 4, paragraphs 3 to 20 and 23 to 30. 1988 c. 19. Employment Act 1988. Section 27. 1988 c. 34. Legal Aid Act 1988. Section 34(14). 1988 c. 39. Finance Act 1988. In Schedule 3, in paragraph 31, the words “the Social Security Act 1975 and”. 1988 c. 41. Local Government Finance Act 1988. In Schedule 4, in paragraph 28(2), the words “Part III of the Social Security Act 1975,”.Schedule 10, except paragraphs 1, 9(1) and (5). 1988 c. 50. Housing Act 1988. Section 121(4) to (6). 1989 c. 24. Social Security Act 1989. Sections 1 to 3.Section 4(1) to (4).Section 5(1) to (4).Section 6(1).Section 7(1) to (5).Sections 9 to 19.Section 21.Section 22(1) to (6) and (8).Section 27.In section 28, in subsection (2) the words 1 to 4 9 to 12 and 22 and subsections (3) and (4).In section 29, subsections (2) and (5).In section 30(1), the definitions of the 1982 Act and the Old Cases Act.Section 32.In Schedule 1, paragraphs 1 to 10.Schedules 2 and 3.In Schedule 4, paragraphs 1 to 21 and 24.Schedule 7, except paragraphs 1, 14, 21 and 27.In Schedule 8, paragraphs 1 to 7, 9, 10(1), 11, 12(2), (5) and (6) and 14 to 18 and 19(a) and (b). 1989 c. 42. Local Government and Housing Act 1989. Section 81.In Schedule 11, paragraph 113. 1990 c. 1. Capital Allowances Act 1990. In Schedule 1, paragraph 2. 1990 c. 19. National Health Service and Community Care Act 1990. In Schedule 9, paragraph 15. 1990 c. 27. Social Security Act 1990. Sections 1 to 5.Section 6(1) to (3).Sections 8 to 10.Section 16.Section 17(1) to (9).In section 20, the definitions of “the 1982 Act,”the “1986 Act”, “the 1989 Act”and “ the Old Cases Act”.Section 22(1).In Schedule 1, paragraphs 1 to 4, 5(1) and (2) and 6.Schedule 5.In Schedule 6, paragraphs 1, 3, 4(1) and (2), 5 to 7, 8(1), (3), (5), (7), (8) and (11), 9 to 12, 14 to 26, 27(2), 28, 30 and 31(a) and (b). 1990 c. 37. Human Fertilisation and Embryology Act 1990. In Schedule 4, paragraph 2. 1990 c. 41. Courts and Legal Services Act 1990. In Schedule 10, paragraphs 36, 37 and 46.In Schedule 11, in the entry beginning “Social Security Commissioner”, the words “appointed under section 97 of the Social Security Act 1975”.In Schedule 18, paragraph 24. 1991 c. 3. Statutory Sick Pay Act 1991. Sections 1 and 2.Section 3(1)(a) and (b) and (3) to (5).Section 4(5). 1991 c. 17. Maintenance Enforcement Act 1991. Section 9. 1991 c. 21. Disability Living Allowance and Disability Working Allowance Act 1991. Section 1.Section 2(1).Section 3.Section 4(1).Sections 5 and 6.Section 7(1).Sections 8 and 9.Sections 11 to 14.Schedule 1.In Schedule 2, paragraphs 2(2), 3 to 5, 8, 10 and 11, 15 to 17 and 19.In Schedule 3, Part I. 1991 c. 42. Social Security (Contributions) Act 1991. The whole Act. 1991 c. 48. Child Support Act 1991. In Schedule 3, in paragraph 1(1), the words “under Schedule 10 to the Social Security Act 1975” and in paragraph 3(2)(c) the words “under paragraph 1A of Schedule 10 to the Social Security Act 1975”.
Section 4.
“trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992
In section 2 of the Law Reform (Personal Injuries) Act 1948 (measure of damages)—
in subsection (1)(a), for the words “section 22 of the Social Security Act 1989” there shall be substituted the words “ section 81 of the Social Security Administration Act 1992 ”; and
in subsection (1A), for the words “paragraph 4(1) of Schedule 4 to the Social Security Act 1989” there shall be substituted the words “ section 85(1) of the Social Security Administration Act 1992 ”.
In the following provisions of the Maintenance Orders Act 1950 (jurisdiction of and enforcement by courts)— for the words “section 24 of the Social Security Act 1986”, in each place where they occur, there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 ”. In sections 4(2) and 9(2) of that Act for “24”, in each place where it occurs, there shall be substituted “ 106 ”.
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In paragraph 1(b) of Schedule 3 to the Public Expenditure and Receipts Act 1968 for the words “The Social Security Act 1975 (c.14), section 160(2)” there shall be substituted the words “ The Social Security Administration Act 1992 (c. 5) section 124(3) ”.
In paragraph 3A of Schedule 4 to the Administration of Justice Act 1970 and paragraph 3A of Schedule 2 to the Attachment of Earnings Act 1971 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.
In paragraph 6 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 7 of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders) the word “or” where first occurring shall be omitted and after “1986” there shall be inserted the words “ or section 106 of the Social Security Administration Act 1992 ”.
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In subsection (3) of section 11 of the Employment and Training Act 1973 (financial provisions) for the words “Part II of the Social Security Act 1975” there shall be substituted the words “ Parts II to V of the Social Security Contributions and Benefits Act 1992 ”.
In section 12(2) of that Act (duty of local education authorities to furnish Secretary of State with information in connection with determination of questions relating to contributions or benefit) for the words from “under” to the end of paragraph (b) there shall be substituted the words “ under the Social Security Contributions and Benefits Act 1992 ”.
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at the beginning of subsection (2) there shall be inserted the words “Subject to subsection (2A) below,”; and
the following subsection shall be inserted after that subsection—.
In section 2(3)(a) of the Social Security (Consequential Provisions) Act 1975 (transitional provisions and savings) for the words “sections 166 and 167(3) of the Social Security Act 1975” there shall be substituted the words “ sections 189 and 190(3) of the Social Security Administration Act 1992 ”.
In Part I (judicial offices disqualifying for membership) of Schedule 1 to the House of Commons Disqualification Act 1975, in the first entry beginning “Chief or other Social Security Commissioner”, for the words “(excluding a person appointed in pursuance of section 13(5) of the Social Security Act 1980)” there shall be substituted the words “ (not including a deputy Commissioner) ”.
In Part III (other disqualifying offices)—
in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security Act 1975” there shall be substituted the words “ Part II of the Social Security Administration Act 1992 ”; and
in the entry beginning “Member of a Medical Appeal Tribunal appointed” for the words “paragraph 2(2) of Schedule 12 to the Social Security Act 1975” there shall be substituted the words “ section 50 of the Social Security Administration Act 1992 ”.
In Part I (judicial offices disqualifying for membership) of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 for the entry beginning “Chief or other Social Security Commissioner” there shall be substituted the following entry— “ Chief or other Social Security Commissioner (not including a deputy Commissioner) ”.
The Social Security Pensions Act 1975 shall be amended as follows.
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in paragraph (a), after the words “Government Actuary” there shall be inserted the words “or the Deputy Government Actuary”, and
in paragraph (b), for the words “Government Actuary’s report,” there shall be substituted the words “report of the Government Actuary or Deputy Government Actuary,”.
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In subsection (1) of section 59 (official pensions) for the words from “section 23” to “1986” there shall be substituted the words “ section 151 of the Administration Act a direction is given that the sums mentioned in section 150(1)(c) of that Act ”.
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in subsection (1), for the words “section 93(1) of the principal Act” there shall be substituted the words “section 17(1) of the Administration Act”; and
in subsection (3), for the words “section 93(1) nor section 98(1) of the principal Act” there shall be substituted the words “section 17(1) nor section 20(1) of the Administration Act”.
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The following sections shall be inserted after section 61—.
The following subsection shall be substituted for section 62(2)—.
In section 64(2)—
for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Administration Act ”; and
for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.
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In section 124(6) of the Employment Protection Act 1975 (financial provisions)—
for the words “section 135(3)(a) of the Social Security Act 1975” there shall be substituted the words “ section 163(2)(a) of the Social Security Administration Act 1992 ”; and
for the words “subsection (5) of that section” there shall be substituted the words “ section 165(5) of that Act ”.
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In section 23(2) of that Act (financial provisions)—
for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Social Security Administration Act 1992 ”; and
for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.
In section 24(3) of that Act (supplemental)—
for the words “Subsections (1) to (5) of section 166 of the principal Act” there shall be substituted the words “ Subsections (3) to (6) and (9) of section 189 of the Social Security Administration Act 1992 ”;
for the words “subsections (2) to (4) of the said section 166” there shall be substituted the words “ subsections (4) to (6) of that section ”; and
for the words from “and for the purposes” to the end there shall be substituted the words “ and a power under any of sections 116 to 120 of the Social Security Contributions and Benefits Act 1992 or 177 to 179 of the Social Security Administration Act 1992 to make provision by regulations or Order in Council for modifications or adaptations of those Acts shall be exercisable in relation to any enactment contained in this Act. ”.
The following section shall be inserted after section 72 of the Rent Act 1977—.
In section 4(9) of the Rating (Disabled Persons) Act 1978 (rebates for lands and heritages with special facilities for disabled persons), for “1986)” there shall be substituted “ 1986 or section 134 of the Social Security Administration Act 1992) ”.
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In sub-paragraph (2) of paragraph 5 of Schedule 1 to the Capital Gains Tax Act 1979 (application of provisions about reliefs in relation to property held on trust for disabled persons)—
for the words “35 of the Social Security Act 1975 or” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 or section 35 of ”; and
for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.
In section 1(4) of the Vaccine Damage Payments Act 1979 (assessment of disablement) for the words “section 57 of the Social Security Act 1975 or” there shall be substituted the words “ section 103 of the Social Security Contributions and Benefits Act 1992 or section 57 of ”.
In subsection (2) of section 12 of that Act (financial provisions) for the words “Schedule 20 to the Social Security Act 1975” there shall be substituted the words “ section 191 of the Social Security Administration Act 1992 ”.
In subsection (3) of section 2 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (conditions of entitlement), in the definition of “death benefit”— In the definition of “disablement benefit”, after “1975”—
In section 4(3) of that Act (appeal on question of law)—
for the words “94 of the Social Security Act 1975” there shall be substituted the words “ 18 of the Social Security Administration Act 1992 ”; and
for “93(1)” there shall be substituted “ 17(1) ”.
In section 10(2) of that Act (construction)—
for the words “the Social Security Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992 ”; and
for the words “that Act” there shall be substituted the words “ either of those Acts ”.
In section 58(2)(b) of the Justices of the Peace Act 1979 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.
In section 21(3) of the Social Security Act 1980 (supplemental) for the words “Subsections (2) and (3) of section 166 of the principal Act” there shall be substituted the words “ Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 ”.
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In subsection (1) of section 154 of the Local Government, Planning and Land Act 1980 (rent rebates) for the words “Part II of the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1991 and the Social Security Administration Act 1992 ”.
In paragraph 5(c) of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from Schedule 4) for the words “or any enactment applying in Northern Ireland and corresponding to it,” there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 or any enactment applying in Northern Ireland and corresponding to either of them, ”.
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In section 70(2)(a) of the Transport Act 1982 (payments in respect of applications for exemption from wearing seat belts)—
in sub-paragraph (i) for the words “35 of the Social Security Act 1975” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 ”;
in sub-paragraph (iA) for “37ZA” there shall be substituted “ 71 ”; and
in sub-paragraph (iii) for “57” there shall be substi tut ed “ 103 ” and for “61(1)”, “ 104(1) ”.
In the seventh note to Group 14 (drugs, medicines, aids for the handicapped) of Schedule 5 (zero-rating) to the Value Added Tax Act 1983 for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.
In paragraph (b) of sections 74(4) and 89(4) of the Inheritance Tax Act 1984 (disabled persons for purposes of provisions about trusts for disabled persons) for the words “35 of the Social Security Act 1975 or” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 or section 35 of ”. In paragraph (c) of those subsections for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.
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In section 32(8) of that Act (commencement) for the words “Subsections (2) and (3) of section 166 of the Social Security Act 1975” there shall be substituted the words “ Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 ”.
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In subsection (2)(b) of section 425 of the Housing Act 1985 (the local contribution differential) for the words “section 30 of the Social Security Act 1986” there shall be substituted the words “ section 135 of the Social Security Administration Act 1992 ”.
In Item 4 in Part I of Schedule 14 to that Act (items to be credited to the Housing Revenue Account) for the words “Part II of the Social Security Act 1986” there shall be substituted the words “ section 135 of the Social Security Administration Act 1992 ”.
In paragraph 3 of Part IV of that Schedule (rate fund contributions to the Housing Revenue Account) for the words “section 30(6) of the Social Security Act 1986” there shall be substituted the words “ section 135(7) of the Social Security Administration Act 1992 ”.
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in paragraph (e), after “1982” there shall be added the words “or Part XI of the Social Security Contributions and Benefits Act 1992”; and
at the end of paragraph (f) there shall be added the words “or Part XII of the Social Security Contributions and Benefits Act 1992,”.
The Social Security Act 1986 shall be amended as follows.
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In section 83(1) (general provisions about orders and regulations) for the words “Section 166(1) to (3A) of the Social Security Act 1975” there shall be substituted the words “ Section 61B(1) to (4) of the Social Security Pensions Act 1975 ”.
The Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be amended as follows.
In subsection (7) of section 9 (reduced liability for personal community charge) for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.
At the end of section 20B(2)(a) (regulations regarding use of social security information) there shall be added the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992 ”.
for paragraphs (a), (b), (d) and (e) there shall be substituted the following paragraphs—
In paragraph 4(2) of Schedule 1A (exemption of the severely mentally impaired from personal community charge)—
for paragraphs (g) and (h), there shall be substituted the following paragraphs—
(a) he is entitled to an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992; ; and (g) he is entitled to an attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992; .
In paragraph 5 of Schedule 1A (exemption of children from personal community charge) for the words “Schedule 1 to the Child Benefit Act 1975” there shall be substituted the words “ Schedule 9 to the Social Security Contributions and Benefits Act 1992 ”.
In paragraph 4 of Schedule 2 (payment of community charges)—
in sub-paragraph (7) for the words “or community charge benefit in pursuance of Part II of the Social Security Act 1986” there shall be substituted the words “ in pursuance of the Social Security Act 1986 or community charge benefit in pursuance of Part VII of the Social Security Contributions and Benefits Act 1992 ”; and
in sub-paragraph (12) for the words “section 20(11) of the Social Security Act 1986” there shall be substituted the words “ section 137(1) of the Social Security Contributions and Benefits Act 1992 ”.
In paragraph 5 of that Schedule in each of sub-paragraphs (1) and (7)(c) for the words “or community charge benefit in pursuance of Part II of the Social Security Act 1986” there shall be substituted the words “ in pursuance of the Social Security Act 1986 or community charge benefit in pursuance of Part VII of the Social Security Contributions and Benefits Act 1992 ”.
In paragraph 7A(1) of that Schedule for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.
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In section 13(4)(e) of the Social Security Act 1988 (schemes for distribution of welfare foods) for the words “the Social Security Act 1975” there shall be substituted the words “ the Social Security Administration Act 1992 ”.
In section 15(2) of that Act (financial provision) for the words “sections 2, 6, 7, 9 and 10” there shall be substituted the words “ section 9 ”.
In section 15A(1) of that Act (regulations and orders) for the words “Section 166(1) to (3A) of the Social Security Act 1975” there shall be substituted the words “ Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.
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The conditions are that—
At the end of paragraph 14(2)(a) of Schedule 2 to that Act (community charges: administration) there shall be added the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992, ”.
In paragraph 6(1) of Schedule 4 to that Act (community charges: enforcement) for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.
In paragraph 28(2) of that Schedule after “1979,” there shall be inserted the words “ sections 17 to 62 of the Social Security Administration Act 1992 ”.
The following section shall be inserted after section 48 of the Housing (Scotland) Act 1988—.
The following section shall be inserted after section 41 of the Housing Act 1988—.
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In subsection (7) of section 6 of the Social Security Act 1989 (benefits for women widowed before 11th April 1988) for the words “section 104 of the principal Act” there shall be substituted the words “ section 25 of the Social Security Administration Act 1992 ”. In subsection (9) of that section—
In section 29(1) of that Act (general provisions about regulations and orders) for the words “subsections (1) to (3A) of section 166 of the principal Act” there shall be substituted the words “ Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.
In section 178 of the Finance Act 1989 (rates of interest) in subsection (2)(gg) for the words “paragraph 5 of Schedule 1 to the Social Security Act 1975” there shall be substituted the words “ paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 ”.
In the following provisions of the Children Act 1989— for the words “Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.
section 17(9) (no repayment of assistance);
section 29(3) (no recoupment of costs); and
paragraph 21(4) of Part III of Schedule 2 (no liability to contribute to maintenance),
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section 22(6)(a) (first-year allowances: transitional relief for regional projects); and
section 36(4)(a) (definition of “motor car”),
In section 18(2) of the Social Security Act 1990 (general financial provisions) for the words from “sections 4” to “26” there shall be substituted the words “ paragraphs 2 ”.
In section 19(1) of that Act (general provisions about regulations and orders) for the words “subsections (1) to (3A) of section 166 of the principal Act” there shall be substituted the words “ section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.
In sub-paragraph (3) of paragraph 27 of Schedule 6 to that Act (benefits for women widowed before 11th April 1988) for the words “section 104 of the principal Act” there shall be substituted the words “ section 25 of the Social Security Administration Act 1992 ”. In sub-paragraph (5) of that paragraph for the words “Subsection (4) of section 104 of the principal Act” there shall be substituted “ Section 28 of the Social Security Administration Act 1992 ”.
In subsection (2) of section 43 of the Child Support Act 1991 (contribution to maintenance by deduction from benefit) for the words “section 51 of the Social Security Act 1986 by virtue of subsection (1)(r),” there shall be substituted the words “ section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(t),”
In section 54 of that Act (interpretation)—
in the definition of “benefit Acts” for the words “Social Security Acts 1975 to 1991” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992 ”; and
in the definition of “disability living allowance” for the words “Social Security Act 1975” there shall be substituted the words “ benefit Acts ”.
Section 5.
A question other than a question arising under any of sections 1 to 3 of the Administration Act— and any other question not arising under any of those sections with respect to benefit or contributions in respect of such a time is to be determined, subject to section 68 of the Administration Act, in accordance with provisions in force or deemed to be in force at that time. Subject to sub-paragraph (1) above, the consolidating Acts apply to matters arising before their commencement as to matters arising after it.
The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.
Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.
The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.
Where immediately before 1st July 1992 the Secretary of State has power under any provision of the Social Security Acts 1975 to 1991 not reproduced in the consolidating Acts by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision repealed by this Act but reproduced in the consolidating Acts, the power shall be construed as having effect in relation to the provision reproducing the repealed provision.
The repeal by this Act of a power by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.
Without prejudice to any express provision in the consolidating Acts, where this Act repeals any provision contained in any enactment by virtue of any order or regulations and the provision is reproduced in the consolidating Acts, the Secretary of State shall have the like power to make orders or regulations repealing or amending the provision of the consolidating Acts which reproduces the effect of the repealed provision as he had in relation to that provision. Sub-paragraph (1) above applies to a repealed provision which was amended by Schedule 7 to the Social Security Act 1989 as it applies to a provision not so amended.
An order which is made under any of the repealed enactments after the passing of this Act and which amends any of the repealed enactments shall have the effect also of making a corresponding amendment of the consolidating Acts.
In this Part of this Schedule -
“the 1965 Act” means the National Insurance Act 1965;
“the 1965 Act” means the National Insurance Act 1965;
“the 1973 Act” means the Social Security Act 1973;
“the 1975 Act” means the Social Security Act 1975;
“the 1975 Act” means the Social Security Act 1975;
“the repealed enactments” means the enactments repealed by this Act.
“the former Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1975; and
“the 1986 Act” means the Social Security Act 1986.
“the 1986 Act” means the Social Security Act 1986.
The repeal by this Act of any provision contained in the 1975 Act or any enactment amending such a provision does not affect the operation of that provision by virtue of section 66(2) of the Social Security Pensions Act 1975.
The repeal by this Act of section 18(1) of the 1986 Act (which substituted in any enactment or instrument made under an enactment a reference to a basic pension for any reference to the basic component of a long-term benefit and a reference to an additional pension for any reference to an additional component of such a benefit) does not affect the construction of any enactment or instrument amended by that subsection.
Regulations may provide that, in relation to— the Contributions and Benefits Act and the Administration Act (so far as they represent provisions of the 1973 Act) shall have effect subject to such modifications as may be prescribed with a view to securing continuity of the law.
persons who ceased by virtue of paragraph 2 of Schedule 3 to the former Consequential Provisions Act to be insured under the 1965 Act,
persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before 6th April 1975, and
persons who had a prospective right to, or expectation of, any benefit under that Act immediately before that day,
Without prejudice to the generality of the powers conferred by paragraph 12 above, regulations under that paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited under the 1965 Act or the National Insurance Act 1946 or any enactment repealed by that Act.
Regulations may provide that the Contributions and Benefits Act and the Administration Act (so far as they represent the 1973 Act) and this Part of this Schedule (except this paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 16 before 6th April 1975 and who, immediately before that day, were not insured under the 1965 Act.
Notwithstanding any repeal effected by the 1973 Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the 1965 Act or any other enactments specified in the third column of Schedule 28 to the 1973 Act (repeals) as the Secretary of State considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in his opinion adequate alternative rights to benefit under the Contributions and Benefits Act are not conferred in pursuance of paragraph 12 above, or for temporarily retaining the effect of those provisions for transitional purposes.
In the foregoing provisions of this Part of this Schedule, any reference to benefit under the 1965 Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 11 to that Act (pre-1948 beneficiaries).
Any instrument (except regulations, an Order in Council or another order) and any appointment which is in force immediately before 1st July 1992 and was made or has effect as if made under an enactment repealed by the 1973 Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of the Contributions and Benefits Act or the Administration Act representing a provision in the 1973 Act, be deemed to be so made except to the extent that regulations otherwise provide. A reference in any document to an enactment repealed and re-enacted by the 1973 Act with or without modifications shall, in so far as the context permits, be construed as a reference to the Contributions and Benefits Act or, as the case may be, the Administration Act or to the corresponding enactment therein.
The Secretary of State may by order make provision for the modification or termination of rights to subsidy under Part II of the Social Security and Housing Benefits Act 1982 in respect of benefit paid in excess of entitlement. Any expenses of the Secretary of State under this paragraph shall be paid out of money provided by Parliament. The power conferred by this paragraph includes power to make different provision for different areas.
In determining a woman’s right— for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of the 1975 Act, her cohabitation with a man at any time after the deceased’s death but before that date shall be disregarded; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to that Act or Schedule 7 to the Contributions and Benefits Act, affect the right of any other persons to benefit awarded before that date.
to a pension or allowance in respect of a deceased person under section 67, 68, 71, 72 or 73 of the 1975 Act; or
to a pension in respect of a deceased person under paragraph 15 or 16 of Schedule 7 to the Contributions and Benefits Act,
The Secretary of State may by regulations provide for the payment of prescribed amounts in prescribed circumstances to persons who immediately before the repeal of sections 71 to 73 of the 1975 Act were entitled to any benefit by virtue of any of those sections, but in determining the amount which is to be payable in any case or class of cases the Secretary of State may take into account— In this paragraph “prescribed” means specified in or determined in accordance with regulations. Any expenses of the Secretary of State under this paragraph shall be paid out of money provided by Parliament.
For the purposes— section 64 of the Contributions and Benefits Act shall have effect as if the following subsection were substituted for subsection (3)—
of any determination following a claim made before 15th March 1988 (the date of the passing of the Social Security Act 1988);
of any review following an application made before that date; and
of any review following a decision to conduct a review made before that date,
Any expenses of the Secretary of State in making payments to persons falling within sub-paragraph (2) or (3) below may be paid out of money provided by Parliament. A person falls within this sub-paragraph if— A person falls within this sub-paragraph if he was entitled to any one or more of the former housing-related benefits in respect of a qualifying week but either— In this paragraph— For the purposes of this paragraph—
The Secretary of State may make such regulations as appear to him necessary or expedient in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board. Without prejudice to the generality of this paragraph, regulations under this paragraph — Regulations under this paragraph may provide that any provision to which this sub-paragraph applies— Sub-paragraph (3) above applies—
Regulations under this Part of this Schedule shall be made by the Secretary of State. Powers under this Part of this Schedule to make regulations or orders are exercisable by statutory instrument. Any power conferred by this Part of this Schedule to make regulations or orders may be exercised— The powers to make regulations or orders conferred by any provision of this Part of this Schedule other than paragraph 22 above include powers to make thereby such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be expedient for the purposes of the regulations. A power conferred by this Part of this Schedule to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter. If the Treasury so direct, regulations or orders under this Part of this Schedule shall be made only in conjunction with them. A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Section 6.
If— then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day. Provision Paragraph of this Schedule Paragraph 7(1)(b) of Schedule 8 to the Social Security Act 1986 (c. 50). Paragraph 3. The repeal in Schedule 11 to the Social Security Act 1986 of section 135(6) of the Social Security Act 1975 (c. 14). Paragraph 19. The repeal in Schedule 11 to the Social Security Act 1986 of paragraph 18 of Schedule 3 to the Social Security (Consequential Provisions) Act 1975 (c. 18). Paragraph 20. The repeal in Schedule 11 to the Social Security Act 1986 of the words “Subject to subsection (5A) below,” in section 6(5) of the Social Security Pensions Act 1975 (c. 60). Paragraph 2. Section 5 of the Social Security Act 1988 (c. 7). Paragraph 16. Section 27 of the Social Security Act 1989 (c. 24). Paragraph 13. Paragraph 8(8) of Schedule 1 to the Social Security Act 1989. Paragraphs 10 and 11. The repeal in Schedule 9 to the Social Security Act 1989 of section 14(7) of the Social Security Act 1980 (c. 30). Paragraph 12. Paragraph 15 of Schedule 9 to the National Health Service and Community Care Act 1990 (c. 19). Paragraph 5. Section 9 of the Social Security Act 1990 (c. 27). Paragraph 4. Section 17(3) of the Social Security Act 1990. Paragraph 17. Section 17(4) of the Social Security Act 1990. Paragraph 18. Section 17(5) of the Social Security Act 1990. Paragraph 6. Section 17(6) of the Social Security Act 1990. Paragraph 7. Section 17(8) of the Social Security Act 1990. Paragraph 8. Section 17(9) of the Social Security Act 1990. Paragraph 9. Section 9(1) of the Maintenance Enforcement Act 1991 (c. 17). Paragraph 14. Section 9(2) of the Maintenance Enforcement Act 1991. Paragraph 15. If— then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day. In this paragraph “the appointed day” means— An order under sub-paragraph (3) above may appoint different days for different provisions or different purposes of the same provision. An order under sub-paragraph (3) above relating to paragraph 5 of this Schedule may-
At the beginning of subsection (6) of section 44 of the Contributions and Benefits Act there shall be inserted the words “ Subject to subsection (7A) below ”.
The following subsection shall be inserted after subsection (7) of that section—.
In section 135 of that Act subsections (3) and (4) shall be omitted.
In section 143(3)(c) of that Act the following sub-paragraphs shall be substituted for sub-paragraphs (i) to (iii)—.
In paragraph 6 of Schedule 1 to that Act sub-paragraphs (2) to (4) shall be omitted.
The Inland Revenue shall, at such times, and in such manner as the Treasury may direct, account to the Secretary of State for, and pay to him, the sums estimated by the Inland Revenue, in such manner as may be so directed, to have been received by them as contributions in accordance with regulations made by virtue of this paragraph.
Section 88(1), (4) and (5)(a) and (b) of the Taxes Management Act 1970 (interest on tax recovered to make good loss due to taxpayer’s fault) shall apply in relation to any amount due in respect of Class 4 contributions as it applies in relation to income tax; but section 86 of that Act (interest on amounts overdue) shall not apply.
Paragraph 6(2) of that Schedule shall be omitted.
The reference in sub-paragraph (11) above to a person who has retired from regular employment includes a reference—
The reference in sub-paragraph (1) above to a person who has retired from regular employment includes a reference—
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at the end of subsection (1) there shall be inserted the words “or given in consequence of a reference under section 112(4) of the 1975 Act (which enabled a medical appeal tribunal to refer a question of law to a Commissioner)”; and
the following subsection shall be inserted after subsection (5)—.
Section 104 of that Act shall be omitted.
Subsection (5) of section 107 of that Act shall be omitted.
Subsections (9) to (11) of that section shall be omitted.
Section 153 of that Act shall be omitted.
In section 162 of that Act subsection (4) shall be omitted.
In section 163 of that Act subsection (5) shall be omitted.
The following subsection shall be inserted at the end of section 164 of that Act—.
In Schedule 3 to this Act—
in the heading before paragraph 18 for the words “provision derived from” there shall be substituted the words “ provisions derived from paragraph 18 of Schedule 3 to former Consequential Provisions Act and ”; and
the following paragraph shall be inserted after that heading—.
In the application of subsection (2) of section 129 of the Contributions and Benefits Act to claims made or treated as made before the first day in respect of which disability living allowance is payable paragraph (b) of that subsection shall have effect as if the following sub-paragraph were substituted for sub-paragraph (ii)—.
Until such time as there comes into force an amendment of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) which has the effect of including among the orders specified in that Schedule any order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989, the definition of “maintenance order” in section 107(15) of the Administration Act shall have effect as if, in paragraph (a), after sub-paragraph (ii) there were inserted—.