Tunisia - Country economic memorandum on a midterm review of the Sixth Development Plan (1982-86) (Vol. 2 of 2) : Pricing policy issues in Tunisia
For the purposes of any review under section 125 of the Social Security Act 1975 (under which the Secretary of State is required in each tax year to review the sums mentioned in subsection (1) of that section and in section 23(1) of the Social Security Pensions Act 1975 for the purpose of determining whether they have retained their value in relation to the general level of earnings or prices obtaining in Great Britain) the Secretary of State shall have regard only to prices except that as respects the sum specified in section 30(1) (excluding paragraphs (a) and (b)) of the Social Security Act 1975 he shall have regard only to earnings; and accordingly in subsection (1) of the said section 125 for the words " earnings or prices obtaining in Great Britain " there shall be substituted the words " prices obtaining in Great Britain except that as respects the sum specified in section 30(1) (excluding paragraphs (a) and (b)) of this Act he shall instead have regard to the general level of earnings obtaining in Great Britain ".
In relation to a draft of an up-rating order which, in consequence of a review under the said section 125 made before the passing of this Act, falls to be prepared after the passing of this Act in pursuance of subsection (3) of that section (which provides for increasing reviewed sums which have not retained their value as mentioned in subsection (1) of that section), the restoration of value mentioned in the said subsection (3) shall be deemed to be a restoration of value by reference to prices except as respects the sum specified as aforesaid.
In section 126(5) of the Social Security Act 1975 (under which a draft order under section 125(3) of that Act to increase a sum must provide for the increase to come into force in certain cases not later than at the end of the period of 12 months beginning with the date on which the provision fixing the current amount of the sum came into force) for the words from " of 12 months " to " came into force " there shall be substituted the words " beginning with the date on which the provision fixing the current amount of that sum came into force and ending with the last day of the month in which the first anniversary of that date falls ".
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At the end of section 11 of the Pensions Act (which excludes certain sums from the rate of a pension mentioned in section 30(1) of the principal Act) there shall be inserted the words " ; but the preceding provisions of this section shall be disregarded for the purposes of section 27(3)(b)(ii) of that Act (which provides for a person to be treated as retired by reference to the said section 30(1)) ".
In subsection (3) of section 21 of the Pensions Act (which provides that if on a review under that section of the general level of earnings the Secretary of State concludes that certain earnings factors have not retained their value during the review period he shall prepare and lay before Parliament the draft of an order increasing the factors so as to make up the fall in their value together with falls made up by earlier orders) for the words from " prepare " to " draft of " there shall be substituted the word " make " ; and accordingly—
the same amendment shall be made in subsection (5) of that section (which provides that where the Secretary of State determines that he is not required to prepare and lay such a draft he shall report to Parliament his reasons for the determination); and
a statutory instrument containing an order under the said subsection (3) is subject to annulment as mentioned in subsection (1) of this section.
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any order made under section 21 above in any of those five tax years increasing an earnings factor shall be disregarded (but without prejudice to any increase made by the last order made under that section before the beginning of those five tax years); and
any relevant earnings factor derived from contributions in respect of any year (hereafter in this subsection referred to as ' the relevant contributions year') shall be treated as increased by 12 per cent, compound for each of those five tax years, other than any of those years which—
constitutes or begins before the relevant contributions year, or
begins after the final relevant year in relation to the earner.".
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that an approval of arrangements relating to a scheme may be withdrawn in pursuance of section 44(4) of the Pensions Act at any time notwithstanding that the scheme has been wound up ; and
that on the withdrawal of such an approval after the winding up of the scheme a premium becomes payable in pursuance of section 44(2) of that Act;
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any order made under section 21 above increasing an earnings factor and made in any of the five tax years ending with the tax year in which the scheme ceases to be contracted-out shall be disregarded (but without prejudice to any increase made by the last order made under that section before the beginning of those five tax years); and
any relevant earnings factor derived from contributions in respect of any year (hereafter in this subsection referred to as ' the relevant contributions year') shall be treated as increased by 12 per cent, compound for each of those five tax years, other than any of those years which constitutes or begins before the relevant contributions year.".
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after paragraph (b) of sub-paragraph (3) (under which regulations may provide for treating a premium as actually paid in certain circumstances) there shall be inserted the following paragraph—
at the end of sub-paragraph (3) there shall be inserted the words " and the Secretary of State may accept payments in connection with a case in which a premium or part of it is treated as actually paid and shall pay into the National Insurance Fund any sums received by him by way of such payments. "; and
after sub-paragraph (3) there shall be inserted the following sub-paragraph—
In the definitions of “public service pensions scheme” in section 51(3) of the Social Security Act 1973 and section 66(1) of the Pensions Act (which provide among other things that the definition includes any scheme prescribed by such regulations as are there mentioned) after the word “includes" there shall be inserted the words “any occupational pensions scheme established, with the concurrence of the Minister for the Civil Service, by or with the approval of another Minister of the Crown and".
Subsection (3) of section 97 of the Social Security Act 1973 (which provides for orders made by the Secretary of State under that Act to be subject to annulment in pursuance of a resolution of either House of Parliament) shall have effect in relation to orders under section 65 of that Act (under which a public service pension scheme may be modified or wound up by an order made by an authority designated by the Minister for the Civil Service) as if the reference in that subsection to the Secretary of State were a reference to an appropriate authority within the meaning of the said section 65.
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It is hereby declared that in paragraph (a) of section 18(1) of the Social Security (Miscellaneous Provisions) Act 1977 (which among other things enables regulations to provide that certain sums shall be deemed for the purposes of the principal Act to be such earnings as are mentioned in that paragraph) the reference to the purposes of the principal Act includes the purposes of the Pensions Act.
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Where—
the date of a woman's confinement is the same as or later than the appointed date ; or
a woman claims a maternity grant by virtue of regulations under section 21(5) of the principal Act in a case where the week which is treated in pursuance of the regulations as that in which she is expected to be confined includes or begins after the appointed date,
the following provisions of the principal Act shall have effect in relation to the confinement or claim with the following amendments, namely—
in section 12, in subsection (1)(d) (under which maternity benefit comprising maternity grant and maternity allowance is a contributory benefit under Chapter I of Part II of that Act) for the words from the beginning to " allowance " there shall be substituted the words " maternity allowance " and in subsection (2) (which specifies the benefits which are short-term benefits for the purposes of that Part) the words " maternity grant" shall be omitted;
in section 13(1) (which relates to contribution conditions) the words " Maternity grant. . . Class 1, 2 or 3 " shall be omitted;
in section 21 (under subsections (1) and (2) of which certain contribution conditions are to be satisfied in order to confer entitlement to a maternity grant) for the words from " and either " onwards in subsection (1) there shall be substituted the words " and satisfies prescribed conditions as to residence and presence in Great Britain " and subsection (2) and in subsection (5) the words from " and may modify the contribution conditions " onwards shall be omitted ;
at the end of section 135(2) (which specifies the benefits which are to be paid out of money provided by Parliament instead of from the National Insurance Fund) there shall be inserted the words " (g) a maternity grant ";
in Schedule 3, paragraphs 2 and 11 (which relate to contribution conditions for a maternity grant) and in paragraph 8(3) the words " a maternity grant" shall be omitted;
in the definition of " short-term benefit" in Schedule 20 the words " maternity grant" shall be omitted.
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References in any enactment to maternity benefit under the principal Act shall continue to be references to maternity grant and maternity allowance under that Act.
Nothing in subsection (1) of this section affects the operation of paragraphs 9, 10,12 and 13 of Schedule 3 to the principal Act (which relate to entitlement to certain benefits by reference to other benefits which include a maternity grant) so far as they relate to a maternity grant to which that subsection does not apply.
The Supplementary Benefits Act 1976 shall have effect with the amendments specified in Part I of Schedule 2 to this Act, and except where the context otherwise requires references in that Part to sections and Schedules are to sections of and Schedules to that Act.
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In accordance with subsection (1) of this section but subject to section 14 of this Act, Parts I to III of the Supplementary Benefits Act 1976, except sections 31, 32, 35 and 36 (which relate to reciprocity and to transitional, consequential and supplemental matters), and Schedules 1 and 5 to that Act are to have effect, after the coming into force of subsection (1) of this section and Part I of Schedule 2 to this Act, as set out in Part II of that Schedule (which reproduces those provisions as amended by Part I of the said Schedule 2 and with consequential adjustments in headings and sidenotes).
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In section 1 of the Family Income Supplements Act 1970 (of which subsection (1) specifies the persons who constitute a family for the purposes of that Act)—
for paragraphs (a) and (b) of subsection (1) there shall be substituted the following—
at the end of that subsection there shall be inserted the words " except that persons who include a married or unmarried couple shall not be a family for the purposes of this Act if one of the couple is engaged and normally engaged as aforesaid and the other member of the couple is receiving such payments as may be specified by regulations "; and
after that subsection there shall be inserted the following subsection—
For any reference to the Supplementary Benefits Commission in that Act, except section 7(1), there shall be substituted a reference to a supplement officer.
At the end of section 6(1) of that Act (which provides for the determination of certain questions relating to family income supplement) there shall be inserted the words " , and regulations may provide for different aspects of the same question to be dealt with by different supplement officers ".
In section 7(1) of that Act (which provides for an appeal from a determination of the Supplementary Benefits Commission) for the words from " the Supplementary " to " the Commission" there shall be substituted the words " a supplement officer including a refusal ".
In section 10 of that Act (which specifies the matters for which provision may be made by regulations)—
after paragraph (b) of subsection (2) there shall be inserted the following paragraph—
for subsection (3) there shall be substituted the following subsections—
In section 17(1) of that Act (which defines expressions used in that Act) the following definitions shall be inserted at the appropriate places in alphabetical order— and the definition of " single woman " shall be omitted.
The Secretary of State may by regulations make such provision as he considers appropriate for dealing with transitional matters connected with or arising out of the coming into force of any provision of section 6 of this Act or Schedule 2 or 5 to this Act including in particular, but without prejudice to the generality of the preceding provisions of this subsection,— and regulations made by virtue of this subsection may be made so as to have effect from a date before that on which they are made but not before the date of the passing of this Act.
provision for modifying any enactment passed before this Act;
provision for treating anything done under an enactment which is altered or replaced by a provision of the sections or Schedules aforesaid as done under the enactment as so altered or replaced; and
provision for the payment of supplementary benefit, of an amount specified in or determined in pursuance of the regulations, to a person who, apart from the provision, would by virtue of this Act cease to be entitled to supplementary benefit or become entitled to supplementary benefit of an amount smaller than that to which he would have been entitled apart from this Act;
An order under section 21(5) of this Act which brings into force a provision of this Act which is mentioned in the preceding subsection— and the Secretary of State may by order made by statutory instrument vary or revoke any provision which by virtue of this subsection is included in another order.
may contain such transitional provisions, including savings, as the Secretary of State considers appropriate in connection with or arising out of the coming into force of that provision; and
may, without prejudice to the generality of the preceding paragraph, provide that the provision shall come into force in relation to such cases only as are specified in the order and accordingly that in relation to other cases the law shall remain unaffected by that provision;
Nothing in either of the preceding subsections shall be construed as derogating from the other of them.
The power to make regulations conferred by subsection (1) of this section shall be exercisable by statutory instrument and a statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;
to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Department of Health and Social Services for Northern Ireland (hereafter in this section and in the following section referred to as " the Northern Ireland Department ") in connection with the discharge of its functions under the relevant Northern Ireland enactments ; and
to perform such other duties as may be assigned to the Committee by or under this Act, any of the relevant enactments or relevant Northern Ireland enactments or any other enactment;
Part I of Schedule 3 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.
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The Secretary of State and the Northern Ireland Department shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.
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for treating anything done by or in relation to the National Insurance Advisory Committee as having been done by or in relation to the other Committee; and
for repealing section 11(1) of this Act.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (which list the bodies of which all the members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order the words “The Social Security Advisory Committee".
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" the relevant enactments " means the Family Income Supplements Act 1970, the Social Security Acts 1975 to 1979, Part I of Schedule 3 to the Social Security (Consequential Provisions) Act 1975, the Child Benefit Act 1975 and the Supplementary Benefits Act 1976; and
" the relevant Northern Ireland enactments" means the Family Income Supplements Act (Northern Ireland) 1971, the Social Security (Northern Ireland) Acts 1975 to 1979, Part I of Schedule 3 to the Social Security (Consequential Provisions) Act 1975, the Child Benefit (Northern Ireland) Order 1975 and the Supplementary Benefits (Northern Ireland) Order 1977;
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the Secretary of State proposes to make regulations under any of the relevant enactments or under section 123(2) or (3) of the Social Security (Northern Ireland) Act 1975 (which contains provision for modifying that Act in its application to members of Her Majesty's forces); or
the Northern Ireland Department proposes to make regulations under any of the relevant Northern Ireland enactments,
The preceding subsection shall not apply to the regulations specified in Part II of Schedule 3 to this Act; and nothing in that subsection shall require any proposals to be referred to the Committee if—
it appears to the Secretary of State or, as the case may be, the Northern Ireland Department that by reason of the urgency of the matter it is inexpedient so to refer the proposals ; or
the Committee has agreed that the proposals should not be referred to it.
The Committee shall consider any proposals referred to it by the Secretary of State or the Northern Ireland Department under this section and shall make to the Secretary of State or, as the case may be, the Department a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.
If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—
the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations ; and
in so far as effect has not been given to them, his reasons why not.
In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of the preceding subsection shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.
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the extent (if any) to which the Department has, in framing the regulations, given effect to the Committee's recommendations; and
in so far as effect has not been given to them, the Department's reasons why not.
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a copy of any report made to the Secretary of State in pursuance of this subsection shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations ;
a copy of any report made to the Northern Ireland Department in pursuance of this subsection shall be laid by the Department before the Northern Ireland Assembly together, if the report contains recommendations, with a statement of the extent (if any) to which the Department proposes to give effect to the recommendations.
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Section 139(1) of the principal Act (which requires the Secretary of State to seek the advice of the National Insurance Advisory Committee on certain proposals to make regulations under that Act) shall, while it remains in force, not apply to—
regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 126A of that Act (which provides for the up-rating of certain increments); and
regulations made during the period of six months beginning with the date of the passing of this Act if the regulations are contained in a statutory instrument which states that it contains only regulations to make provision consequential on the passing of this Act.
Section 141(2) of the principal Act (which requires the Secretary of State to seek the advice of the Industrial Injuries Advisory Council on certain proposals to make regulations under that Act) shall not apply to—
regulations contained in a statutory instrument which states that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit under Part II of that Act or the administration of such benefit; and
regulations made during the period of six months beginning with the date of the passing of this Act and contained in a statutory instrument which states that it contains only regulations to make provision consequential on the passing of this Act.
National Insurance Commissioners shall, instead of being so called, be called Social Security Commissioners; and accordingly—
any enactment or instrument passed or made before the coming into force of this section shall have effect, so far as may be necessary in consequence of the change of title made by this section, as if for any reference to a Chief or other National Insurance Commissioner there were substituted respectively a reference to a Chief or other Social Security Commissioner; and
documents and forms printed or duplicated for use in connection with functions of National Insurance Commissioners may be used notwithstanding that they contain references to such Commissioners and those references shall be construed as references to Social Security Commissioners.
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Where the Lord Chancellor considers it desirable in the public interest to retain a Commissioner in office after the time at which he would be required by the preceding subsection to vacate it, the Lord Chancellor may from time to time authorise the continuance of the Commissioner in office until any date not later than that on which the Commissioner attains the age of seventy-five.
A Social Security Commissioner appointed after the coming into force of this section may be removed from office by the Lord Chancellor on the ground of misbehaviour or incapacity.
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nothing in subsection (1), (2) or (4) of this section or paragraph 5 or 6 of Schedule 10 to the principal Act (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of this subsection; and
any reference to a Social Security Commissioner in Part I of Schedule 1 to the House of Commons Disqualification Act 1975 and the Northern Ireland Assembly Disqualification Act 1975 as amended by section 12 of this Act shall be construed as excluding a person appointed in pursuance of this subsection.
When the Lord Chancellor proposes to exercise a power conferred on him by subsection (2), (3) or (5) of this section otherwise than in relation to Northern Ireland, it shall be his duty to consult the Lord Advocate with respect to the proposal.
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paragraph 5(1) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (which provides for retirement) shall not apply;
in paragraph 6(1)(a) of that Schedule (which relates to pensions on retirement in pursuance of paragraph 5 of that Schedule) for the reference to paragraph 5 there shall be substituted a reference to this section; and
for the reference in subsection (5) of this section to the paragraph 5 or 6 there mentioned there shall be substituted a reference to paragraph 6 or 7 of that Schedule.
Subject to subsections (2) and (3) of this section, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.
No appeal under this section shall lie from a decision except—
with the leave of the Commissioner who gave the decision or, in a case prescribed by regulations, with the leave of a Commissioner selected in accordance with regulations; or
if he refuses leave, with the leave of the appropriate court.
An application for leave under this section in respect of a Commissioner's decision may only be made by— and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.
a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner's decision relates;
any other person who was a party to the proceedings in which the first decision mentioned in the preceding paragraph was given;
the Secretary of State or the Department of Health and Social Services for Northern Ireland in a case where he or the Department is not entitled to apply for leave by virtue of either of the preceding paragraphs; and
any other person who is authorised by regulations to apply for leave;
On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court— except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) of this subsection as the appropriate court it shall be his duty to specify the different court as the appropriate court.
the Court of Appeal if it appears to him that the relevant place is in England or Wales ;
the Court of Session if it appears to him that the relevant place is in Scotland ; and
the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,
In this section—
" the appropriate court", except in subsection (4), means the court specified, in pursuance of that subsection;
" Commissioner ". except in subsections (7) and (8), has the meanings assigned to it by the principal Act and the Social Security (Northern Ireland) Act 1975 ; and
" the relevant place ". in relation to an application for leave to appeal from a decision of a Commissioner, means the premises where the authority whose decision was the subject of the Commissioner's decision usually exercises its functions.
Regulations may provide for the preceding provisions of this section to have effect, with such modifications as may be prescribed by the regulations, in relation to a decision of a medical appeal tribunal appointed under the Social Security (Northern Ireland) Act 1975.
In relation to a decision of a Commissioner within the meaning of the principal Act which was given in consequence of a reference under subsection (4) of section 112 of that Act (which enables a medical appeal tribunal to refer a question of law to a Commissioner), subsections (3) and (5) of this section shall have effect with such modifications as may be prescribed by regulations.
The powers to make regulations conferred by this section shall be exercisable— and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament and any statutory rule so made shall be subject to negative resolution as defined by section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if it were a statutory instrument within the meaning of that Act.
so far as they relate to a Commissioner within the meaning of the principal Act, by the Secretary of State by statutory instrument; and
so far as they relate to a Commissioner within the meaning of the Social Security (Northern Ireland) Act 1975, or a medical appeal tribunal appointed under that Act, by the Department of Health and Social Services for Northern Ireland by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 ;
No appeal shall lie to a Commissioner within the meaning of the principal Act from a decision which is given after the coming into force of this subsection by a local tribunal appointed under section 97 of that Act and is the unanimous decision of the members of the tribunal except— and regulations may make provision with respect to the manner in which and the time within which applications must be made for leave under this subsection and with respect to the procedure for dealing with such applications.
with the leave of the person who was the chairman of the tribunal when the decision was given or, in a case prescribed by regulations, with the leave of a person appointed to act as chairman of such a local tribunal who is selected in accordance with regulations ; or
if he refuses leave, with the leave of such a Commissioner,
The powers to make regulations conferred by the preceding subsection shall be exercisable by the Secretary of State by statutory instrument; and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Subsection (5) of section 101 of the principal Act (under which, among other things, an appeal to a Commissioner from a decision of a local tribunal must be brought within 3 months beginning with the date when notice of the decision is given to the claimant) shall have effect, in relation to an appeal for which leave is required by virtue of this section, as if for the reference to that date there were substituted a reference to the date when leave under subsection (1) of this section is given for the appeal.
Her Majesty may by Order in Council provide for an appeal under any provision of the Pensions Appeal Tribunals Act 1943 (hereafter in this section referred to as “the Act”) in respect of a claim for benefit under any instrument mentioned in the Act to be brought or continued by another person after the death of the claimant; and—
such an Order may make such modifications of the Act as Her Majesty considers appropriate for the purposes of this subsection; but
nothing in this subsection shall be construed as prejudicing the generality of the power to make rules which is conferred by paragraph 5 of the Schedule to the Act.
An Order in Council under this section—
may contain such incidental and supplemental provisions as Her Majesty considers appropriate; and
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In section 5(1) of the Act (which enables a Pensions Appeal Tribunal to uphold an interim assessment by the Minister of a degree of disablement or to assess the disablement at such degree lower than that specified by the Minister as they think proper) for the words from “assess" to “proper" there shall be substituted the wordsalter the assessment in one or both of the following ways, namely— .
by increasing or reducing the degree of disablement it specifies; and
by reducing the period for which the assessment is to be in force.".
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Section 8(3)(a) of the Act (which is spent) shall be omitted.
For paragraph (b) of paragraph 5(4) of the Schedule to the Act (which requires rules to provide for payments by the Tribunal of certain expenses of an appellant) there shall be substituted the following paragraph—and accordingly in section 14 of the Act (under which the Act has effect, in its application to Northern Ireland, with the substitution of a reference to the Lord Chief Justice for Northern Ireland for any reference to the Lord Chancellor except in paragraph 7A of the Schedule to the Act) for the words “paragraph 7A" there shall be substituted the words “paragraph 5(4)(b)".
A document bearing a certificate which— shall be conclusive evidence of the decision; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved.
is signed by a person authorised in that behalf by the Secretary of State; and
states that the document, apart from the certificate, is a record of a decision of a relevant authority,
In the preceding subsection " a relevant authority " means each of the following, namely a Commissioner within the meaning of the principal Act, a local tribunal appointed in pursuance of section 97 of that Act, an insurance officer so appointed, a tribunal constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976, a benefit officer within the meaning of that Act and a supplement officer within the meaning of the Family Income Supplements Act 1970.
For the purposes of this Act and the following enactments, namely— the Family Income Supplements Act 1970; the Social Security Act 1973 ; the Social Security Acts 1975 to 1979 ; the Industrial Injuries and Diseases (Old Cases) Act 1975; the Child Benefit Act 1975 ; and the Supplementary Benefits Act 1976, the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.
This section applies only to Scotland.
Any expenses under this Act of a Minister of the Crown shall be paid out of money provided by Parliament.
Any increase attributable to this Act in the sums which under any other Act are payable out of money provided by Parliament or into the Consolidated Fund shall be paid out of such money or, as the case may be, into that Fund.
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The enactments specified in Schedule 4 to this Act shall have effect with the amendments specified in that Schedule.
An order under section 21(5) of this Act which brings into force a provision of the said Schedule 4 may contain such transitional provisions, including savings, as the Secretary of State considers appropriate in connection with or arising out of the coming into force of that provision; and the Secretary of State may by order made by statutory instrument vary or revoke any provision which by virtue of this subsection is included in another order.
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This Act may be cited as the Social Security Act 1980 and this Act and the Social Security Acts 1975 to 1979 may be cited together as the Social Security Acts 1975 to 1980.
In this Act “the principal Act” means the Social Security Act 1975 and “the Pensions Act” means the Social Security Pensions Act 1975.
Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(which among other things make provision about the extent of powers to make regulations and orders) shall apply to powers to make regulations and orders conferred by sections 8 and 20(2) of this Act and by subsection (5) of this section as extended by the said sections 8 and 20(2) as they apply to powers to make regulations and orders conferred by that Act but as if for references to that Act there were substituted references to the said sections 8 and 20(2) and the said subsection (5) as so extended.
The enactments and instruments mentioned in the first and second columns of Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
The following provisions of this Act, namely, section 6 (except subsection (4)) and sections 7 to 10, 14 and 15, Part I and paragraphs 10 and 14 of Schedule 1, Schedules 2 to 4 and Part II of Schedule 5, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed in pursuance of this subsection for different provisions of this Act; and accordingly the other provisions of this Act come into force on the passing of this Act.
The following provisions only of this Act shall extend to Northern Ireland, namely— sections 9 to 16, except sections 11, 13(6) and 15; section 20(1) and (2) and Schedule 4 so far as they relate to the Polish Resettlement Act 1947 and the Maintenance Orders Act 1950; this section; Schedule 3; and Schedule 5 so far as it relates to the Pensions Appeal Tribunals Act 1943, the Polish Resettlement Act 1947, the Merchant Shipping Act 1970, section 142(5) of the principal Act, the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975, section 36(2) of the Supplementary Benefits Act 1976 and Part III of Schedule 2 to the Administration of Justice Act 1977.
Subsection (6) of section 41 and subsection (4) of section 65 (under which a married woman residing with her husband is not entitled to an increase in benefit in respect of dependent children by virtue of that section unless her husband is incapable of self-support) shall be amended as follows— The said subsections (6) and (4) as amended by the preceding sub-paragraph shall cease to have effect on the coming into force of this sub-paragraph.
In sections 44(3)(a) and 47((1)(a)) (which provide for increases of specified amounts in a woman's unemployment or sickness benefit, maternity allowance or invalidity pension to be made for periods during which, among other things, her husband is incapable of self-support) for the words "incapable of self-support" there shall be substituted the words " not engaged in any one or more employments from which his weekly earnings exceed the amount so specified ".
Paragraph (b) of section 44(3), paragraph (&) of section 47(1) and paragraph (c) of section 66(1) (by virtue of which certain benefits are increased for any period during which the beneficiary has living with him and is maintaining such a relative as is there mentioned) shall cease to have effect; but a person who, immediately before the date when this paragraph comes into force, was entitled to an increase by virtue of any of those paragraphs, shall continue to be entitled to it for any period not exceeding two years beginning with that date, during which, if the paragraph in question and any regulations having effect by virtue of the paragraph immediately before that date were still in force, he would have been, and would not have ceased to be, entitled to the increase by virtue of that paragraph.
Sections 44(3)(c), 46(2) and 66(1)(d) (which relate to increases of benefit by reference to a female person, not a child, who has the care of a child or children in respect of whom the beneficiary is entitled to child benefit) shall be amended by substituting for the words " female person (not a child) " — and in sections 46(4) and 66(6)(b) (which refer to the female person mentioned in sections 46(2) and 66(1)(d) respectively) for the words from "female person" to "residing" there shall be substituted the words " person there referred to is a female residing ".
in sections 44(3)(c) and 66(1)(d) the words " person who is neither the spouse of the beneficiary nor a child " ;
in section 46(2) the words "person who is neither the spouse of the pensioner nor a child " ;
Subsection (5) of section 44 and subsection (2) of section 47 (which provide that, in the case of unemployment or sickness benefit or invalidity pensions payable to certain persons over pensionable age, the benefit or pensions shall not be increased under provisions providing for increases in respect of certain periods and shall only be increased by the amounts of the increases which would be made in relevant retirement pensions where the rates of those pensions would be calculated under provisions relating to the partial satisfaction of contribution conditions) shall cease to have effect; and after section 47 there shall be inserted the following section— Accordingly in section 44(1) for the words " Subject to the provisions of this section" there shall be substituted the words " Subject to section 47A ", in section 44(2) for the words " Subject to the following subsections " there shall be substituted the words " Subject to subsection (4) below and section 47A " and in section 47(1) for the words " Subject to subsection (2) below " there shall be substituted the words " Subject to section 47A ".
In section 66(1)(a) (which provides for increases of injury benefit and in certain cases of disablement pension for periods during which the pensioner's wife is residing with him or he is contributing to the maintenance of his wife at a specified rate), for the word " wife " in both places there shall be substituted the word " spouse ".
Permanently incapable of self-support" A person is " permanently incapable of self-support " if (but only if) he is incapable of supporting himself by reason of physical or mental infirmity and is likely to remain so incapable for the remainder of his life.
After subsection (4) of section 35 (which among other things provides that an attendance allowance shall not be payable to a person for any period preceding the date on which he makes a claim for it) there shall be inserted the following subsection—
In section 96(2) (which among other things prevents the Secretary of State from reviewing a decision of his on a question within section 93(1) or section 95(1)(6) or (c) while an appeal is pending on a question of law arising in connection with the decision and provides for an appeal on a question of law raised with a view to a review of such a decision)—
for the words " Such a decision " there shall be substituted the words " A decision on a question within section 93(1) "; and
for the words from " and section 94 " onwards there shall be substituted the words " and, on a review of a decision on a question within section 93(1), any question of law may be referred under subsection (1) of section 94, or where it is not so referred may be the subject of an appeal under subsection (3) of that section, and the other provisions of that section shall apply accordingly ".
In subsection (4) of section 100 (which provides that an appeal to a local tribunal from a decision of an insurance officer must be brought within 21 days after the date of the decision or within a further time allowed by the chairman of the tribunal) for the words " 21 days after the date of the decision " there shall be substituted the words " 28 days beginning with the date when the Secretary of State gives to the claimant notice in writing of the decision " ; and in subsection (5) of section 101 (which provides that an appeal to a Commissioner from a decision of a local tribunal must be brought within 3 months from the date of the decision or a further period allowed by the Commissioner) for the words " from the date of the decision of the local tribunal or " there shall be substituted the words " beginning with the date when the proper officer of the local tribunal gives to the claimant notice in writing of the decision or within ".
In section 111 (which among other things provides that an assessment of a single medical practitioner under that section must be by reference to a period not exceeding 6 months and that regulations may make provision with respect to cases in which the practitioner considers that a final assessment can be made by reference to a longer period) for the words " 6 months " in subsections (1) and (3) there shall be substituted the words " 12 months ".
For paragraph (cc) of subsection (4) of section 119 (which as amended by the Social Security Act 1979 provides that regulations may modify subsections (1) to (2A) of that section in relation to payments in respect of a person which are paid to another person on his behalf) there shall be substituted the following paragraph—
In subsection (6) of section 122 (which provides that no order shall be made under that section so as to increase the percentage rate for Class 1 or Class 4 contributions to a percentage more than 025 per cent, higher than that specified in section 4(6) or, as the case may be, section 9(2) as for the time being amended by any other Act and, in the case of section 4(6), by an order under section 1(6) of the Social Security (Miscellaneous Provisions) Act 1977), for the words from " so " onwards there shall be substituted the words " so as—
to increase for any tax year the percentage rate for primary or secondary Class 1 contributions to a percentage rate more than 0-25 per cent, higher than the percentage rate applicable for the preceding tax year for the contributions in question ; or
to increase the percentage rate for Class 4 contributions to more than 8-25 per cent.".
Section 158 and Schedule 19 (which relate to schemes promoted by representatives of earners and their employers for supplementing certain rights to benefit in respect of industrial injuries and diseases which are conferred on the earners by the principal Act) shall cease to have effect.
In section 167(3) (which among other things applies the negative resolution procedure to orders under the principal Act except an order under section 17(3), 30(6), 120 or 122 or an up-rating order) for the words " or 122 " there shall be substituted the words 122 or 126A ".
Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under subparagraph (1) above and the aggregated earnings are not less than the current lower earnings limit, then, except as may be provided by regulations, the amount of the Class 1 contribution in respect of the aggregated earnings shall be the aggregate of the amounts obtained— and in relation to earners paid otherwise than weekly any reference in the preceding provisions of this sub-paragraph to the lower or upper earnings limit shall be construed as a reference to the prescribed equivalent of that limit.
Sections 6, 8 and 21.
In section 1—
for paragraphs (a) and (b) of subsection (1) there shall be substituted the following paragraphs—
at the end of subsection (1) there shall be inserted the words " Paragraph (a) of this subsection shall have effect until the prescribed date as if the words from ' is one' to ' couple and ' were omitted ";
after subsection (1) there shall be inserted the following subsection—
at the end of subsection (3) there shall be inserted the words " ; and regulations may provide that the requirements which by virtue of this subsection are not included in a person's requirements include or exclude prescribed requirements ".
In section 2—
for the words "shall be determined by the Supplementary Benefits Commission " in subsection (1) there shall be substituted the words " and any other question relating to supplementary benefit which arises under this Act shall be determined by a benefit officer except so far as this Act or regulations provide otherwise ; and regulations may provide for different aspects of the same question to be dealt with by different benefit officers. ";
after subsection (1) there shall be inserted the following subsection—
the words from the second "and" in subsection (2)(a) to the end of the section shall be omitted.
In section 3—
for the words from the beginning to " person" in subsection (1) there shall be substituted the words " There shall be payable in prescribed cases, to a person who is entitled or would if he satisfied prescribed conditions be entitled to a supplementary pension or allowance, supplementary benefit ";
after the word " payment" in subsection (1) there shall be inserted the words " of a prescribed amount ";
for the words " the Commission may have regard " in subsection (2) there shall be substituted the words " regard shall be had, so far as regulations so provide, "; and
for the words from "Part III" onwards in subsection (2) there shall be substituted the words " regulations made in pursuance of paragraph 1(2)(b) of Schedule 1 to this Act ".
For section 4 there shall be substituted the following section—
In section 5 for the words " The Commission may determine that" there shall be substituted the words " Except in prescribed cases, " and for the words from " by regulations" onwards there shall be substituted the words and is available for employment; and regulations may make provision as to—.
For sections 6 and 7 there shall be substituted the following section—
In section 8—
in subsection (1), for the words " the requirement to pro vide for any other person " there shall be substituted the words " requirements of another person which are to be treated as his by virtue of any other provision of this Act and are not to be disregarded by virtue of this subsection as it applies to the other person "; and
subsection (3) shall be omitted.
In section 9—
in subsection (1), for the words " requirement to provide for " there shall be substituted the words " requirements of " and for the words "section 6 of this Act (exclusion of persons in full-time employment) " there shall be substituted the words " section 6(1) of this Act ";
in subsection (2), for the words from "in accordance" onwards there shall be substituted the words " or another person in accordance with regulations ";
in subsection (3), for the words from the beginning to " work) " there shall be substituted the words " Regulations made by virtue of section 6(1) of this Act providing for a person not to be treated as engaged in remunerative full-time work "; and
subsections (4) to (8) shall be omitted.
For section 10 there shall be substituted the following section—
In section 11, for subsections (1) and (2) there shall be substituted the following subsection— and accordingly subsection (3) of that section shall be subsection (2) of that section.
In section 12—
for subsection (1) there shall be substituted the following subsections—
in subsection (2) for the words from ", or to " to " security benefit')" in paragraph (a) there shall be substituted the words " any prescribed benefit ", for the words from " or of " to " security " in paragraph (c) and where they first occur after that paragraph there shall be substituted the words " the prescribed ", for the words "the Commission determine " there shall be substituted the words " a benefit officer determines " and for the words from " equal" onwards there shall be substituted the words " equal to the amount of the prescribed benefit ";
in subsection (3) for the words " the Commission of " there shall be substituted the words " a benefit officer of " and for the words " Commission have " there shall be substituted the words " officer has "; and
for subsection (4) there shall be substituted the following subsections—
In section 14, in subsection (1) for the words from the beginning to " section," there shall be substituted the words " Regulations may " and for the words " and Part II of Schedule 2 to this Act" there shall be substituted the words " to this Act; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection ". Section 14(2) shall be amended as follows— Accordingly subsections (3) and (4) of section 14 (which relate to the payment of benefit to a person other than the beneficiary and to travelling expenses in connection with claims for benefit) shall be omitted.
In section 15—
in subsection (1), for the words from " the Commission or " onwards there shall be substituted the words " a benefit officer (including a determination to refuse to review a determination) with respect to the claim or benefit, except that no appeal shall lie by virtue of this subsection in a case falling within section 10(2), 12(4) or 20(3) of this Act ";
subsection (2) (which is superseded by the amendment in paragraph 2(b) of this Schedule) shall be omitted ; and
in subsection (3) paragraph (b) shall be omitted and for the words " the Commission " in paragraph (c) there shall be substituted the words " a benefit officer ".
In section 15A the words " National Insurance " in both places and the words from "and includes" onwards in subsection (5) shall be omitted.
Section 16 shall be amended as follows—
the words " or, in Scotland, on the sequestration of the estate " shall be omitted ; and
that section as amended by sub-paragraph (a) of this paragraph shall be subsection (1) of that section and after that subsection there shall be inserted the following subsection—
In section 17—
after paragraph (b) of subsection (1) there shall be inserted the words ; and; and
after subsection (2) there shall be inserted the following subsection—
In section 18—
in subsection (1), for the words " relative ') the Commission " there shall be substituted the words " person') the Secretary of State " and for the words " relative to " there shall be substituted the words " person to ";
in subsection (2) for the word " No " there shall be substituted the words " Except in a case falling within section 17(1)(c) of this Act, no ";
in subsections (2) to (4), for the word " relative" and "relative's" there shall be substituted respectively the word " person " and " person's " ;
at the end of subsection (3) there shall be inserted the words " .except that in a case falling within section 17(1)(c) of this Act that sum shall not include any amount which is not attributable to supplementary benefit (whether paid before or after the making of the order). "; and
subsection (6) shall be omitted.
In section 19—
for the word " Commission " wherever it occurs, except in subsection (7), there shall be substituted the words " Secretary of State ";
subsection (7) shall be omitted ; and
in subsection (8) for the figure " (7)" there shall be substituted the figure " (6) ".
In section 20—
in subsection (2), for the words from " referred to " onwards there shall be substituted the words " determined by a benefit officer ";
for subsection (3) there shall be substituted the following subsection—
in subsection (4) for the words from " benefit under " onwards there shall be substituted the words " prescribed benefits "; and
for subsection (5) there shall be substituted the following subsection—
In section 21 before the word " liable " there shall be inserted the words " guilty of an offence and ".
In section 22 the words " or the Commission" shall be omitted and before the word " liable " there shall be inserted the words " guilty of an offence and ".
In section 24—
for the words " to which this section applies " in subsection (1) there shall be substituted the words " of regulations under section 9(2) of this Act ";
before the word " liable " in subsection (1) there shall be inserted the words " guilty of an offence and "; and
subsection (2) shall be omitted.
In section 25(1), paragraph (b) and the word "or" at the end of paragraph (a) shall be omitted and before the words " liable on " there shall be inserted the words " guilty of an offence and ".
In section 27—
for the words from the beginning to " Act" in subsection (1) there shall be substituted the words " It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that benefit officers and other officers of his concerned with the administration of this Act exercise their functions "; and
for subsections (2) to (4) there shall be substituted the following subsection—
In section 30—
for subsection (1) there shall be substituted the following subsection—
in subsection (2) for the words from " in exercise" to " may " there shall be substituted the words " the Secretary of State so directs, payment at such rates as he may " and for the words " a centre" there shall be substituted the words " connection with courses provided or units "; and
subsections (3) and (4) shall be omitted.
In section 31—
in subsection (3), for the words from the beginning to " him " there shall be substituted the words " Regulations may provide for such modifications of this Act as appear to the Secretary of State "; and
in subsection (4), for the words from the beginning to " adjustments " there shall be substituted the words " The power to make regulations conferred by the preceding subsection ".
After section 32 there shall be inserted the following section—
In section 33—
in subsection (1A) the words " and regulations" shall be omitted ; and
for subsections (2) and (3) there shall be substituted the following subsections—
In section 34—
the following definitions shall be inserted at the appropriate places in alphabetical order in subsection (1) of that section—
in subsection (1) the definitions of " blind " and " the Commission " and "school" shall be omitted and in the definition of " supplementary benefit " the words from " and includes " onwards shall be omitted ; and
after subsection (2) there shall be inserted the following subsection—
For Schedule 1 there shall be substituted the following Schedule—
In Schedule 5—
for the word “Commission" wherever it occurs except in paragraphs 1, 2(1) and 3, there shall be substituted the words “Secretary of State";
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in paragraph 1(2) for the words from " or be " onwards there shall be substituted the words " re-establishment courses either in consequence of a direction under section 10(1) of this Act or otherwise, and the Secretary of State may provide temporary board and lodging for persons attending re-establishment courses. ";
in paragraph 2(1) for the words from “Commission to" onwards there shall be substituted the words “Secretary of State to provide and maintain places, to be known as resettlement units, at which persons without a settled way of life are afforded temporary board and lodging with a view to influencing them to lead a more settled life.";
in paragraph 2(2) for the words “reception centres" there shall be substituted the words “resettlement units";
in paragraph 2(4) for the word “them" there shall be substituted the word “him";
paragraph 3 shall be omitted;
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In Schedule 6 paragraphs 6 and 7 (which relate to transitional cases involving a pension under the Old Age Pensions Act 1936 or an assistance grant under the National Assistance Act 1948 or an appeal to a tribunal constituted under Schedule 3 to the Supplementary Benefit Act 1966) shall cease to have effect, but any supplementary benefit payable to a woman instead of to another person by virtue of sub-paragraph (4) of the said paragraph 6 shall continue to be so payable subject to any regulations relating to that sub-paragraph which are made in pursuance of section 8(1) of this Act. In paragraph 8 of Schedule 6 (which among things provides for certain proceedings for the recovery of sums which could previously have been taken by the National Assistance Board to be taken by the Supplementary Benefits Commission in some cases and the Secretary of State in others) for paragraphs (a) and (b) of sub-paragraph (1) there shall be substituted the words “by the Secretary of State", and sub-paragraph (3) shall be omitted.
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Sections 9 and 10.
The Committee shall consist of a chairman appointed by the Secretary of State and not less than 8 nor more than 11 other members so appointed.
Subject to paragraph 4 of this Schedule, the chairman and other members of the Committee shall hold office for such period of not more than 5 nor less than 3 years as the Secretary of State may determine ; but any member—
shall be eligible for reappointment from time to time on or after the expiration of his term of office;
may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment
Of the members of the Committee (other than the chairman) there shall be appointed— and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled. In selecting a person with such experience as aforesaid regard shall be had to the desirability of having a chronically sick or disabled person.
The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.
The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Minister for the Civil Service determine.
The expenses of the Committee to such an amount as may be approved by the Minister for the Civil Service shall be paid by the Secretary of State.
There may be paid as part of the expenses of the Committee— as the Secretary of State may with the consent of the Minister for the Civil Service determine.
to all or any of the members of the Committee, such salaries or other remuneration and travelling and other allowances ; and
to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),
The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Minister for the Civil Service. Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Minister for the Civil Service.
The Committee may act notwithstanding any vacancy among the members.
The Committee may make rules for regulating its procedure (including the quorum of the Committee).
Regulations under section 2(1) or 3(1) of the Family Income Supplements Act 1970 or the Family Income Supplements Act (Northern Ireland) 1971 (under which amounts may be prescribed for the purposes of determining the amount of family income supplement payable to any person).
Regulations relating only to industrial injuries benefit within the meaning of the principal Act or the Social Security (Northern Ireland) Act 1975. Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 120, 122 or 126A of the principal Act (which provide for the re-rating of contributions and the up-rating of certain increments) or an up-rating order within the meaning of that Act or contained in a statutory rule which states that it contains only provisions in consequence of an order under section 120 of the said Act of 1975 (which provides for re-rating and up-rating in Northern Ireland). Regulations contained in a statutory instrument or rule which states that the regulations relate only to matters which in accordance with the principal Act, the said Act of 1975 or any enactment directed to be construed as one with either of those Acts, have been referred to the Attendance Allowance Board or the Attendance Allowance Board for Northern Ireland.
Regulations under section 1 of the Pensions Act or Article 3 of the Social Security Pensions (Northern Ireland) Order 1975 (which provide for the fixing of the upper and lower earnings limits) or regulations contained in a statutory instrument or rule which states that it contains only regulations to make provision consequential on regulations under that section or, as the case may be, that Article. Regulations made only for the purposes of Part III or IV of that Act or Part TV or V of that Order (which relate to contracting-out and occupational pensions).
Regulations under section 5 of the Child Benefit Act 1975 or Article 7 of the Child Benefit (Northern Ireland) Order 1975 (under which the rate of child benefit may be prescribed). Regulations under section 17 of that Act or Article 19 of that Order (under which social security benefits may be varied following an increase of the rate of child benefit).
Regulations of which the effect is to increase any amount which is— and corresponding regulations applying to Northern Ireland.
specified in regulations made for the purposes of section 3 of the Supplementary Benefits Act 1976 (which relates to cases of exceptional need); or
specified in any provision mentioned in section 4 of that Act (which provides for the modification for urgent cases of sections 3, 5 to 8 and 10 of that Act and Schedule 1 to that Act) by virtue of regulations made in pursuance of the said section 4; or
specified in regulations made by virtue of paragraph 1(2)(b) or (3) or 2(1) of Schedule 1 to that Act (which relate to resources and requirements); or
specified in paragraph 2(3) of that Schedule (which relates to the requirements of couples and householders) by virtue of regulations made in pursuance of paragraph 2(4) of that Schedule,
Regulations contained in a statutory instrument or rule which states that it contains only provisions in consequence of the National Insurance Surcharge Act 1976 or of that Act and either an order under section 120 or 122 of the principal Act or an order under section 120 of the Social Security (Northern Ireland) Act 1975.
Regulations made within a period of six months beginning with the date of the passing of this Act under the Family Income Supplements Act 1970, the Family Income Supplements Act (Northern Ireland) 1971, the Child Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975, the Supplementary Benefits Act 1976 or the Supplementary Benefits (Northern Ireland) Order 1977.
Regulations not falling within paragraph 17 of this Schedule which are made during the period of six months beginning with the passing of this Act and contained in a statutory instrument or rule which states that it contains only regulations to make provision consequential on the passing of this Act.
Regulations in so far as they consist only of procedural rules for a tribunal in respect of which consultation with the Council on Tribunals is required by section 10(1) of the Tribunals and Inquiries Act 1971.
Regulations made for the purpose only of consolidating other regulations revoked thereby.
Regulations making in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State in relation to Great Britain.
Section 20.
Section 3 of the Polish Resettlement Act 1947 and Part II of the Schedule to that Act (which among other things authorise the Supplementary Benefits Commission to provide accommodation and goods and services for former members of certain Polish forces) shall be amended as follows— In sections 4(1) ... and 7(1) of that Act (which contain references to persons for whom there is power to provide accommodation under section 3 of that Act) for the words from “for whom" to “power" there shall be substituted the words “ for whom the Secretary of State has power" ”; and for subsection (3) of section 12 of that Act (which modifies references to such persons in the application of the Act to Northern Ireland) there shall be substituted the following subsection—
In section 22 of the National Assistance Act 1948, in subsection (5) (which provides that in assessing a person’s ability to pay for certain accommodation a local authority shall have regard to Part III of Schedule 1 to the Supplementary Benefits Act 1976) for the words from “Part III" onwards there shall be substituted the words “ regulations made by the Secretary of State for the purposes of this subsection" ”, and subsection (9) (under which payments of benefit may be diverted to a local authority to discharge a liability in respect of accommodation provided by that authority) shall cease to have effect. Section 27 of that Act (under which among other things questions as to the circumstances of a person applying for accommodation under the Act may be referred to the Supplementary Benefits Commission) shall cease to have effect. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 8(1) of the Maintenance Orders Act 1950 (which relates to jurisdiction in certain actions of affiliation and aliment in Scotland) for the words from “or at the instance" to “local authority" there shall be substituted the words “ or at the instance of the Secretary of State or of a local authority" ”.
Section 4(5) of the Legal Aid (Scotland) Act 1967 (which provides, in relation to legal aid, for computing resources by reference to the rules set out in certain paragraphs of Schedule 1 to the Supplementary Benefits Act 1976) shall cease to have effect. In section 4(6) of that Act (which among other things provides for the income and capital of a person and the maximum amount of his contribution to the legal aid fund to be determined by the Supplementary Benefits Commission) for the words from “determined" onwards there shall be substituted the words “ determined in accordance with regulations; and regulations for the purposes of this subsection may make different provision for different cases or classes of cases." ”.
In section 87(3) of the Social Work (Scotland) Act 1968 (under which accommodation provided under that Act is regarded as provided under Part III of the National Assistance Act 1948) for the words “sections 22(2) to (9)" there shall be substituted the words “ sections 22(2) to (8)" ”. Section 87(6) of that Act (under which among other things questions as to the circumstances of a person applying for accommodation under that Act may be referred to the Supplementary Benefits Commission) shall cease to have effect.
In Schedule 1 to the Local Authority Social Services Act 1970 (which lists the functions of a local authority assigned to its Social Services Committee), in column 2 of the entry relating to Schedule 5 to the Supplementary Benefits Act 1976, for the words “reception centres" there shall be substituted the words “ resettlement units" ”.
In section 16A(4) of the Housing (Financial Provisions) (Scotland) Act 1972 (which relates to a housing authority and the Supplementary Benefits Commission providing each other with information for purposes connected with supplementary benefits), for the words “Supplementary Benefits Commission" in both places where they occur there shall be substituted the words “ Secretary of State" ” and for the words “the Commission" there shall be substituted the words “ the Secretary of State" ”.
In section 12(2)(b) of the Employment and Training Act 1973 (which refers to the Supplementary Benefits Commission), for the words “the Supplementary Benefits Commission" there shall be substituted the words “ a benefit officer within the meaning of the Supplementary Benefits Act 1976" ” and for the words “latter Commission" there shall be substituted the word “ officer" ”.
Section 11(6) of the Legal Aid Act 1974 (which provides, in relation to legal aid, for computing resources by reference to the rules set out in certain paragraphs of Schedule 1 to the Supplementary Benefits Act 1976) shall cease to have effect. In section 11(7) of that Act (which among other things provides for the income and capital of a person and the maximum amount of his contribution to the legal aid fund to be determined by the Supplementary Benefits Commission) for the words from “determined" onwards there shall be substituted the words “ determined in accordance with regulations; and regulations for the purposes of this subsection may make different provision for different cases or classes of cases." ”. In section 33(1) of that Act (which relates to enquiries into person’s means) for the words “Supplementary Benefits Commission" there shall be substituted the words “ Secretary of State to arrange for an officer of his" ”, for the words “the Commission" there shall be substituted the words “ the Secretary of State" ” and before the word “report" there shall be inserted the words “ arrange for the officer to" ”.
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In section 35(1)(a) of the Sex Discrimination Act 1975 (which refers to a reception centre provided by the Supplementary Benefits Commission) for the words “reception centre provided by the Supplementary Benefits Commission" there shall be substituted the words “ resettlement unit provided under Schedule 5 to the Supplementary Benefits Act 1976" ”.
In subsection (13) of section 22 of the Social Security (Miscellaneous Provisions) Act 1977 (which refers to section 44(6) of the Pensions Act as amended by a subsection repealed by this Act) for the words “the said section 44(6) as amended by the preceding subsection" there shall be substituted the words “ section 44(6) of the Pensions Act" ”.
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Sections 8 and 21.
Chapter Short title Extent of repeal 6 & 7 Geo. 6. c. 39. The Pensions Appeal Tribunals Act 1943. Section 8(3)(a). Paragraph 7A of the Schedule. 1975 c. 14. The Social Security Act 1975. In section 125(2) the words from “and shall have regard either" onwards. 1975 c. 16. The Industrial Injuries and Diseases (Old Cases) Act 1975. In section 6, in subsection (2), the words from “shall" where it first occurs to “disease, and", and subsection (5). 1975 c. 60. The Social Security Pensions Act 1975. Section 21(6). In section 23, in subsection (1) the words “(4) and" and subsection (4). In section 62(1)(b) the words “or 9(3)". Paragraph 49 of Schedule 4. 1975 c. 61. The Child Benefit Act 1975. In section 2(3) the words from “ending" to “that week". 1977 c. 5. The Social Security (Miscellaneous Provisions) Act 1977. Section 1(7)(a). Section 7(2) and (4). Section 11(2). Section 22(12). 1977 c. 38. The Administration of Justice Act 1977. Part III of Schedule 2. 1979 c. 18. The Social Security Act 1979. Paragraph 9(b)(ii) of Schedule 3. Number Title Extent of repeal S.I. 1966 No. 164. The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1966. Article 2(2)(ii). SI. 1977 No. 1104. The Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment)(No. 3) Scheme 1977. The whole scheme.
Chapter Short title Extent of repeal 10 & 11 Geo. 6. c. 19. The Polish Resettlement Act 1947. In section 3, in subsection (2) the words “by making payments to persons for whom accommodation is provided" and subsections (4), (5), (10) and (10A). In the Schedule, the words from “(including" to “repealed)" in paragraph 3, the proviso in paragraph 4 and the words from “whether" to “the tribunal" in paragraph 6. 11 & 12 Geo. 6. c. 29. The National Assistance Act 1948. Sections 22(9) and 27. 1967 c. 43. The Legal Aid (Scotland) Act 1967. Section 4(5). 1968 c. 49. The Social Work (Scotland) Act 1968. Section 87(6). 1970 c. 36. The Merchant Shipping Act 1970. In section 17(10) the words “Secretary of State or the", the words “Secretary of State or" in the second place where they occur and the words “the Supplementary Benefits Commission or, as the case may be,". 1970 c. 55. The Family Income Supplements Act 1970. In section 7(2) the words from “(or, if" to “the refusal)". In section 10(2)(h) the words “National Insurance". In section 17(1) the definition of “single woman”. 1972 c. 46. The Housing (Financial Provisions)(Scotland) Act 1972. In paragraph 18(2) of Schedule 3, the words “and the Supplementary Benefits Commission". 1972 c. 47. The Housing Finance Act 1972. In paragraph 17(2) of Schedule 4 the words “and the Supplementary Benefits Commission". 1974 c. 4. The Legal Aid Act 1974. Section 11(6). 1975 c. 14. The Social Security Act 1975. Section 41(6). In section 44, subsection (3)(b) and subsections (5) and (6). In section 47 the words from the last “or" in subsection (1)(a) onwards. Section 65(4). In section 66, subsection (1)(b) and (c) and subsection (8). Sections 138 and 139. In section 142(5) the words from “section 139" to “and". Section 158. In section 166(4) the words from “except" to “scheme)". In section 168(4) the figures “139". In Part IV of Schedule 4 the words from “Where unemployment" onwards. Schedule 15. Schedule 19. In Schedule 20 the entry relating to the expression “Incapable of self-support" (including both paragraphs in the second column of the entry). 1975 c. 18. The Social Security (Consequential Provisions) Act 1975. In Schedule 3, in paragraph 11(2), the words “139(1)", the words “reference to N.I.A.C. and" and the words from “except" onwards. 1975 c. 24. The House of Commons Disqualification Act 1975. In Part II of Schedule 1 the words “The National Insurance Advisory Committee" and “The Supplementary Benefits Commission". 1975 c. 25. The Nothern Ireland Assembly Disqualification Act 1975. In Part II of Schedule 1 the words “The National Insurance Advisory Committee" and “The Supplementary Benefits Commission". 1975 c. 60. The Social Security Pensions Act 1975. Sections 22(6) and 61(1). 1975 c. 61. The Child Benefit Act 1975. In Schedule 4, paragraph 36. 1976 c. 71. The Supplementary Benefits Act 1976. In section 2, the words from the second “and" in subsection (2)(a) to the end of the section. Section 8(3). In section 9, subsections (4) to (8). In section 14, in subsection (2) the words “National Insurance" in paragraph (d) and the word “and" at the end of paragraphs (e) and (ee), and subsections (3) and (4). In section 15, subsections (2) and (3)(b). In section 15A the words “National Insurance" in both places and the words from “and includes" onwards in subsection (5). In section 16 the words “or, in Scotland, on the sequestration of the estate". Sections 18(6) and 19(7). In section 22 the words “or the Commission". Section 24(2). In section 25(1), paragraph (b) and the word “or" at the end of paragraph (a). Section 30(3) and (4). In section 32(1) the words “or adapting". In section 33(1A) the words “and regulations". In section 34(1) the definitions of “blind”, “the Commission” and “school” and in the definition of “supplementary benefit” the words from “and includes" onwards. In section 36(2) the words “27 (including Schedule 3)" and the words “the Commission and". Schedules 2 and 3. In Schedule 5, paragraph 3. In Schedule 6, paragraphs 3, 6, 7 and 8(3). In Schedule 7, paragraphs 1(a), 2, 3(b) and (c) and 34. 1976 c. 85. The National Insurance Surcharge Act 1976. Section 1(4). 1977 c. 5. The Social Security (Miscellaneous Provisions) Act 1977. In section 14, subsections (1) to (4) and (7) to (10). Section 15. In section 24(4) the words “139(1) and" and the words “the National Insurance Advisory Committee or". 1978 c. 44. The Employment Protection (Consolidation) Act 1978. In Schedule 16, paragraph 19(2). 1979 c. 18. The Social Security Act 1979. Sections 4(3), 15(2) and 17. Paragraphs 28 and 30(a) of Schedule 3. 1979 c. 26. The Legal Aid Act 1979. Paragraphs 2 and 14 of Schedule 1. 1980 c. 9. The Reserve Forces Act 1980. In Schedule 9, paragraph 16.
Sections 8 and 21.