SCHEDULES
Section 1(2)
Schedule 1U.K. Repeals
Modifications etc. (not altering text)
Part IU.K. Enactments of the Parliament of the United Kingdom
Schedule 1
Schedule 1
Schedule 1
Schedule 1
Schedule 1
Schedule 1
Schedule 1
Schedule 1
Section (1)3.
Schedule 2U.K. Consequential Amendments of Enactments
Modifications etc. (not altering text)
Part IU.K. Enactments of the Parliament of the United Kingdom
[ Bankruptcy (Scotland) Act 1913 (c. 20)U.K.
1U.K.In section 118(1) of the Bankruptcy (Scotland) Act 1913—
(a)in paragraph (a), after “ income tax” insert “ or class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]
[ Bankruptcy Act 1914 (c. 59)U.K.
2U.K.In section 33 (1) of the Bankruptcy Act 1914—
(a)in paragraph (a), after “ income tax” insert “ or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;
(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3U.K.In Schedule 2 to that Act, for paragraph 9 substitute—
“9Formal proof of debts in respect of contributions payable under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, or of contributions or premiums payable under Part III of the Social Security 1973 (to which contributions and premiums priority is given by this Act) shall not be required except where it may otherwise be provided by rules under this Act.”]
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National Assistance Act 1948 (c. 29)U.K.
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Law Reform (Personal Injuries) Act 1948 (c. 41)U.K.
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House of Commons Disqualification Act 1957 (c. 20)U.K.
10U.K.In the House of Commons Disqualification Act 1957—
(a)in Schedule 1, Part II, in each of the entries beginning “ A Medical Appeal Tribunal” and “ A Medical Board” for “ the National Insurance (Industrial Injuries) Act 1965 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975”;
(b)in Schedule 1, Part II, as substituted (and set out in Schedule 3) in relation to the Northern Ireland Assembly, in each of those entries for “ the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975” ;
(c)in Schedule 1, Part III, in the first entry beginning “ Chairman or Deputy Chairman”, for “ 1967” substitute “ 1975” ;
(d)in Schedule 1, Part III, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”
(e)in the Part substituted for Part III of Schedule 1 in relation to the Northern Ireland Assembly, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”
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24—31.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Agriculture Act 1967 (c. 22)U.K.
32U.K.In section 67(3) of the Agriculture Act 1967, in paragraph (e), for the words following “ benefits” substitute “ payable under Part II of the Social Security Act 1975”.
Public Expenditure and Receipts Act 1968 (c. 14)U.K.
33U.K.In Schedule 3 to the Public Expenditure and Receipts Act 1968, for the entry at the end of paragraph 1(b) (inserted by the Social Security Act 1973, Schedule 27, paragraph 77) substitute—
“The Social Security Act 1975 (c.14) section 160(2) | The Secretary of State.” |
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Social Work (Scotland) Act 1968 (c. 49)U.K.
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Administration of Justice Act 1970 (c. 31)U.K.
40U.K.In schedule 4 to the Administration of Justice Act 1970, substitute for paragraph 3—
“3Reserve scheme contributions and premiums under Part III of the Social Security Act 1973.
3AClass 1, 2, and 4 contributions under Part I of the Social Security Act 1975.”
Family Income Supplements Act 1970 (c. 55)U.K.
41U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachment of Earnings Act 1971 (c. 32)U.K.
42U.K.In Schedule 2 to the Attachment of Earnings Act 1971, for paragraph 3 substitute—
“3Reserve scheme premiums and contributions under Part III of the Social Security Act 1973 ;
3AClass 1, 2 and 4 contributions under Part I of the Social Security Act 1975.”
43U.K.In Schedule 3 to that Act, for paragraph 3(b) substitute—
“(b)primary reserve scheme contributions under Part III of the Social Security Act 1973 ;
(bb)primary Class 1 contributions under Part I of the Social Security Act 1975.”
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Tribunals and Inquiries Act 1971 (c. 62)U.K.
46In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971, after paragraph 30 insert—
“ Social Security.
30A(a)Local tribunals constituted under section 97 of the Social Security Act 1975 or constituted under regulations made under section 114 of that Act;
(b)a Commissioner appointed under section 97 of that Act and any tribunal presided over by a Commissioner so appointed ;
(c)medical appeal tribunals constituted for the purposes of Part III of that Act.”
47U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)U.K.
48U.K.In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(i), for sub-paragraph (i) substitute—
“(i)a widow’s pension (by way of industrial injuries benefit) payable at the initial rate or the higher permanent rate under section 68 of the Social Security Act 1975,”
and for the words from “ Schedule 3” to “ that Act” substitute “ Part I of Schedule 4 to the Social Security Act 1975 for a contributory widow’s pension under Part II of that Act. ”
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Social Security Act 1973 (c. 38)U.K.
50U.K.The Social Security Act 1973 shall be amended in accordance with the following 16 paragraphs.
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52At the end of section 63 add—
“(13)This section applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person.”
53—57U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
58In section 89—
(a)in subsection (1), for “ Minister” substitute “ Ministry” . . .
(b)in subsection (3)(b), for the words following “ collection of” substitute “ reserve scheme contributions or premiums, or the payment of reserve scheme pensions”.
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[60U.K.In section 95—
(a)in subsection (2)(b) for “and 13 to 15” substitute “13 and 14”, and for “Schedules 23 and 26” substitute “Schedule 23”;
(b)in subsection (4) for “Parts II, III and IV” substitute “Part II”.]
61U.K.In section 97, for subsection (3) substitute—
“(3)All regulations and orders made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament”
and in subsection (4), omit “ 48(3) or” and for “ the relevant” substitute “ that”.
62—65.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[66E+W+N.I.In Schedule 25—
(a)for paragraph 2 substitute—
“2. For any reference to the Secretary of State (except in sections 96(6) and 99(3) and Schedule 23, paragraph 5) substitute the Northern Ireland Ministry, and for any reference to the Minister for the Civil Service substitute the Ministry of Finance”;
(b)for paragraph 8 substitute—
“8. in section 99(17) after “97” insert “or Schedule 25, paragraph 15(3) or (3A)”.”;
(c)in paragraph 10(f), in the paragraph substituted for Schedule 23 paragraph 11, for “7 to 9” substitute “7 and 9” and in paragraph 10(g) for “7 to 9” substitute “7 and 9”.]
National Insurance and Supplementary Benefit Act 1973 (c. 42)U.K.
67U.K.In paragraph 1 of Schedule 5 to the National Insurance and Supplementary Benefit Act 1973, for “ sections 1 to 6” substitute “ section 6”.
Employment and Training Act 1973 (c. 50)U.K.
68U.K.In section 11(3) of the Employment and Training Act 1973, for the words from “ the National” to “ that Act” substitute “ Part II of the Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner”.
69U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The National Insurance Act 1974 (c. 14)U.K.
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Part IIU.K. Enactments Of The Parliament Of Northern Ireland Or The Northern Ireland Assembly: Orders In Council Applying To Northern Ireland
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[ Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1971, Schedule 5 paragraph 1)—U.K.
72U.K.In section 3 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (as amended by the Social Services (Parity) Order (Northern Ireland) 1971, Schedule 5 paragraph 1)—
(a)in subsection (1), for the words from “ industrial injury” to “ invalidity benefit” substitute— “any of the following benefits under the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975, namely—
sickness benefit,
invalidity benefit,
non-contributory invalidity pension,
injury benefit,
disablement benefit ; and”
(b)for subsection (6) substitute—
“(6)For the purposes of this section disablement benefit in the form of a gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.”]
Employment and Training Act (Northern Ireland) 1950 (c. 29)U.K.
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Judicial Pensions Act (Northern Ireland) 1951 (c. 20)U.K.
75U.K.The following section shall be substituted for section 3 of the Judicial Pensions Act (Northern Ireland) 1951—
“3 Application of Part II.
Without prejudice to section 2(6)(a) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (application of certain provisions in respect of President of the Industrial Court or of the Industrial Tribunals), this Part shall apply in relation to service by a person as a National Insurance Commissioner remunerated by means of a salary ; but in its application to such a Commissioner this Part shall have effect subject to paragraph 7(3) and (4) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 “ serve” and “ service” being construed accordingly.”
76U.K.The following section shall be substituted for section 16 of that Act—
“16 Departmental recommendation required in certain cases.
The grant under this Part of this Act of a lump sum or widow’s or children’s pension conditional on eligibility for a pension for service as a National Insurance Commissioner shall require the recommendation of the Department of Health and Social Services.”
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101(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.
(b)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c. 7)U.K.
104U.K.In section 1(4) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 for paragraph (d) substitute—
“(d)paragraphs 5 to 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975.”
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Social Services (Parity) Act (Northern Ireland) 1971 (c. 21)U.K.
107U.K.In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words from the beginning to “ Fund” in the second place where it occurs substitute “ Subject to the provision made by section 129(5) of the Social Security (Northern Ireland) Act 1975 for reimbursement out of the Northern Ireland National Insurance Fund”.
108U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)U.K.
109U.K.In Part I of Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 for paragraph 12 substitute—
“12A pension payable under paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975.”
Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972 No. 1265 (N.I. 14)U.K.
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National Insurance Measure (Northern Ireland) 1974 (c. 4)U.K.
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Sections 2 and 4.
SCHEDULE 3U.K. Transitional Provisions and Savings
Part IU.K. Supersession of National Insurance Acts
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Part IIU.K. General Transitional Provisions and Savings
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Part IIIU.K. Specific Transitional Provisions and Savings (including some retained from previous Acts)
Great BritainE+W+S
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21E+W+SThe Secretary of State shall continue to have power by regulations to make such transitional or consequential provisions as appear to him to be necessary or expedient having regard to the repeal by section 89 of the Act of 1946 of enactments in relation to diseases and to injuries not caused by accident, including provision for modifying or winding up any scheme made under an enactment repealed by that section; and for the avoidance of doubt, the provision which may be made by virtue of this paragraph for modifying such a scheme as is mentioned above includes provision for the union of any fund established under such a scheme with any other fund established for comparable purposes.
22(1)Her Majesty shall continue to have power by Order in Council to make or authorise the making of such provision as appears to Her to be necessary or expedient having regard to the provisions of section 89 of the Act of 1946, for—E+W+S
(a)modifying or winding up any contracting-out scheme certified under section 31 of the Workmen’s Compensation Act 1925;
(b)winding up any compensation trust established under the Workmen’s Compensation (Coal Mines) Act 1934.
(2)Provision in relation to deposits made under section 4 of the said Act of 1934 by mutual indemnity associations for any matters consequential on the passing of section 89 of the Act of 1946 may, notwithstanding the repeal of the said Act of 1934, continue to be made by rules under the said section 4.
23E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24E+W+SThe repeal by this Act of Part II of Schedule 6 to the National Insurance Act 1969 does not affect any past operation of that Part of the Schedule in relation to increases of benefit.
25E+W+SThe repeal by this Act of section 6(2) of the National Insurance Act 1974 (scope of revoking regulations relating to joint arrangements with Northern Ireland) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—
(a)the Secretary of State’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue, notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and
(b)subsection (3) of section 6 of the National Insurance Act 1974 (regulation-making powers exercisable by statutory instrument etc.) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.
26E+W+SThe repeal by this Act of section 2(2) of the Social Security Amendment Act 1974 (vires for regulations made under section 40(4) of the 1973 Act) does not affect the validity of any regulations to which that subsection applies.
Social Security Benefits Act 1975: commencement and transitional provisionsE+W+S
27(1)So much of any order made under paragraph 1 of Schedule 5 to the 1975 amending Act (commencement) as makes any incidental, supplementary or other provision by virtue of sub-paragraph (2)(a) of that paragraph shall continue in force notwithstanding any repeal effected by this Act.E+W+S
(2)Insofar as such an order makes provision by reference to, or for the purposes of, an enactment repealed by this Act and replaced by a corresponding provision in the consolidations or this Act, that provision of the order shall continue in force by reference to, or for the purposes of, the said corresponding provision.
(3)For the purpose of continuing the Secretary of State’s power on and after the appointed day to make, vary and revoke orders under paragraph 1 of Schedule 5 to the 1975 amending Act, the references in that paragraph to that Act and provisions of it are to be construed as referring, or as including references, to this Act and the corresponding provisions of the consolidations.
28E+W+SSections 139 and 141(2) of the new Act (consultation with N.I.A.C. and I.I.A.C.) shall not apply to regulations made, or to a draft of regulations laid before Parliament, if—
(a)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any provision of the 1975 amending Act relating to non-contributory invalidity pension or invalid care allowance and the regulations are made, or the draft is laid, before the day appointed for the coming into force of that provision (or, as the case may be, for the coming into force of the corresponding provision in the new Act); or
(b)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any other provisions of the 1975 amending Act (or, as the case may be, any other provisions of the new Act which correspond to those of the 1975 amending Act) and the regulations are made, or the draft is laid, before the expiration of the period of 6 months beginning with the passing of the 1975 amending Act.
29(1)The affirmative procedure provisions shall not apply to any regulations, order or scheme if—E+W+S
(a)the instrument containing the regulations states that they are made, or the instrument containing the order or scheme states that it is made, in consequence of the 1975 amending Act or provisions of the consolidations replacing those of that Act; and
(b)the regulations are made, or the order or scheme is made, before the expiration of 6 months beginning with the passing of the 1975 amending Act.
(2)Where, apart from sub-paragraph (1) above, any of the affirmative procedure provisions would apply to an instrument, that instrument shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)In this paragraph “the affirmative procedure provisions” means section 167(1) of the new Act and section 4(8)(a) of the Old Cases Act.
30(1)The Secretary of State may by regulations provide that paragraph 15(b)(ii) of Part V of Schedule 4 to the new Act shall have effect, in relation to a child in respect of whom no allowance is payable under the Family Allowances Act, as if for “£1·60” there was substituted “£1·80” in the case of a second qualifying child and “£1·70” in the case of any additional qualifying child beyond the first two (being the rates that would have applied apart from the provisions of section 2 of the 1975 amending Act).E+W+S
(2)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Northern IrelandU.K.
31U.K.Paragraphs . . . 24, 26, 27, 29 and 30 above (but not paragraph 19, paragraphs 21 to 23, paragraph 25 or 28) apply to Northern Ireland with the substitution for any reference or words specified in column 1 of the following Table of the reference or words specified in relation thereto in column 2.
Table
A reference to the National Insurance (Industrial Injuries) Act 1946 (“the Act of 1946”). | A reference to the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946. |
A reference to 26th August 1953 | A reference to 21st October 1953. |
A reference to the National Insurance Act 1969. | A reference to the National Insurance &c. (No. 2) Act (Northern Ireland) 1969. |
A reference to the Secretary of State. | A reference to the Department of Health and Social Services for Northern Ireland. |
A reference to an instrument | A reference to a statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958. |
The words “order or scheme” where they first occur in paragraph 29. | The words “or order”. |
The words “order or scheme” in the second and third places where they occur in paragraph 29. | The word “order”. |
The words from “subject to annulment” onwards (in paragraph 29(2)). | The words “laid before the Northern Ireland Assembly after being made”. |
The words from “section 167(1)” onwards (in paragraph 29(3)). | The words “section 156(1) of the new Act”. |
[The words from “by statutory instrument” onwards (in paragraph 30(2)).] | [The words “by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958; and any statutory rule containing any such regulations shall be laid before the Northern Ireland Assembly after being made.] |
Textual Amendments
Marginal Citations
32(1)A claim in respect of a period before 10th May 1966 for an allowance under a scheme made under the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1951 or under regulations made under the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1956 may be made, and, when made, shall be determined, and any award thereon in respect of such a period shall be made, as if the Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966 and the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 had not been passed; and if on any such claim an allowance is awarded, section 5(2) of the said Act of 1975 shall apply as if the claimant had been receiving payment of that allowance immediately before 10th May 1966, whether or not he was in fact doing so.U.K.
(2)Regulations made by the Department under the said Act of 1975 may include provision for the payment or award in respect of any period beginning on or after the appointed day of an allowance under that Act without any further award or, as the case may be, any further claim, in a case where evidence of the satisfaction of the conditions for that allowance is afforded by the awards before that day or under sub-paragraph (1) of an allowance under a scheme or regulation mentioned in that sub-paragraph.
(3)An allowance paid under a scheme or regulation mentioned in sub-paragraph (1) in respect of any period commencing on or after the appointed day shall, except for the purposes of section 5(2) of the said Act of 1975, be treated as paid on account of an allowance under that Act and the amount of any allowance payable under that Act for that period shall be adjusted accordingly.
33U.K.The Department shall continue to have power by regulations to make such transitional or consequential provisions as appear to it to be necessary or expedient having regard to the repeal by section 88 of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 of any enactment in relation to diseases and to injuries not caused by accident, including provisions for modifying or winding up any scheme made under any enactment repealed by that section and for the union of any fund established under any such scheme with any other fund established for comparable purposes.
34U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
35U.K.The repeal by this Act of section 5(2) of the National Insurance Measure (Northern Ireland) 1974 (scope of revoking regulations relating to joint arrangements with Great Britain) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—
(a)the Department’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and
(b)subsection (3) of section 5 of the National Insurance Measure (Northern Ireland) 1974 (regulations to be subject to negative resolution) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.