Social Security Act 1979

Section 21(4).

SCHEDULE 3 Minor and Consequential Amendments

THE FAMILY INCQME SUPPLEMENTS ACT 1970 (c.55)

1 In section 7(2) of the Family Income Supplements Act 1970 (appeals to Appeal Tribunals), for the words " be final" there are substituted the words “subject to section 15A of the Supplementary Benefits Act 1976 (appeal from Appeal Tribunals) be final.

Nothing in this subsection shall make a finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of a further decision.”.

2 In section 10(2)(/z) of that Act (review of determinations by the Supplementary Benefits Commission and Appeal Tribunals), at the end there are inserted the words " or by a National Insurance Commissioner or Tribunal of Commissioners by virtue of rules under section 15A of the Supplementary Benefits Act 1976 ".

THE SOCIAL SECURITY ACT 1973 (c.38)

3 In section 68(1) of the Social Security Act 1973 (reference of proposed regulations to the Occupational Pensions Board) for the words from " (other than " to " passing of this Act)" there are substituted the words " (other than regulations made for the purpose only of consolidating other regulations revoked thereby) ".

THE SOCIAL SECURITY ACT 1975 (c.14)

4 In section 4(6) of the principal Act (Class 1 contributions), after the words " regulations under" there are inserted the words " subsection (7) or ".

5 In section 13(5) of the principal Act (calculation of earnings factors) after the words " any tax year " there are inserted the words " (including earnings factors as increased by any order under section 21 of the Pensions Act). ".

6 In section 14(6) of the principal Act (disregard of certain increases in computing unemployment and sickness benefit) after paragraph (a) there is inserted the following paragraph—

“(aa) any increase under section 126A of this Act;”.

7 In section 15(4) of the principal Act (disregard of certain increases in computing invalidity pension) after paragraph (a) there is inserted the following paragraph—

“(aa) any increase under section 126A of this Act; and”.

8 In section 110(1) of the principal Act (review of decision of medical board or medical appeal tribunal) for the words from " in consequence of" to the end there are substituted the words "in ignorance of a material fact or was based on a mistake as to a material fact

9 In section 119 of the principal Act—

(a) in subsection (3)(a), there are inserted at the end the words " or out of a requirement to repay any amount by virtue of subsection (2A) above ";

(b) in subsection (4)—

(i) in paragraph (c) for the words " subsections (1) and (2)" there are substituted the words " subsections (1) to (2A) ";

(ii) in paragraph (cc) (inserted by Schedule 4 to the Pensions Act) the words " by way of a mobility allowance " are hereby repealed ; and

(iii) in paragraph (d) after the words " subsection (1)" there are inserted the words " or (2A) ".

10 In paragraph 8 of Schedule 3 to the principal Act (satisfaction of contribution conditions) the following sub-paragraph is substituted for sub-paragraph (3)—

“(3) For the purposes of satisfaction by the contributor concerned of paragraph (b) of the first contribution condition for unemployment benefit, sickness benefit, a maternity grant or a maternity allowance, or of paragraph (b) of the contribution condition for a widow's allowance, all earnings factors derived from his contributions of a relevant class actually paid by him before the relevant time may be aggregated and that aggregate sum shall be treated as his earnings factor for the last complete year before the beginning of the benefit year in which the relevant time falls.”

11 In paragraph 9 of Part I of Schedule 4 to the principal Act (as amended by paragraph 62 of Schedule 4 to the Pensions Act) for the words " £6.90 " there are substituted the words " £11.70 ".

THE HOUSE OF COMMONS DISQUALIFICATION ACT 1975 (c.24)

12 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices the holders of which are disqualified) at the end of the entry beginning " Chairman of an Appeal Tribunal" there are inserted the words " or Senior Chairman in relation to such a tribunal ".

THE SOCIAL SECURITY PENSIONS ACT 1975 (c.60)

13 In sections 6(3) and 35(4) of the Pensions Act the words from " and rounding " to the end are hereby repealed.

14 In section 6(4) of the Pensions Act (increase of earnings factors) for the words " any order or orders that have come into force under section 21 below " there are substituted the words " the last order under section 21 below to come into force ".

15 In section 11 of the Pensions Act (application of earnings rule) after the words " the additional component" there are inserted the words " , of any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension ".

16 In section 23(1)(c) of the Pensions Act (up-rating of certain increases under Schedule 1) after the words " such pensions " there are inserted the words " or to increases in guaranteed minimum pensions ".

17 In section 34(6) of the Pensions Act (increase of earnings) for the words " any order or orders corning into force under section 21 above" there are substituted the words " the last order under section 21 above to come into force ".

18 In section 35 of the Pensions Act (earner's guaranteed minimum)—

(a) in subsection (5) (increase of earnings factors) for the words " any order or orders that have come into force under section 21 above " there are substituted the words " the last order under section 21 above to come into force ";

(b) in subsection (7) (early retirement) for the words " any order or orders that come into force under the said section 21 " there are substituted the words " the last order under the said section 21 to come Into force ".

19 In section 37(3) of the Pensions Act (earner's salary as factor of widow's pension) for the words " any order or orders coming into force under section 21 above " there are substituted the words " the last order under section 21 above to come into force ".

20 In section 59(7) of the Pensions Act, after the words "this section " (in the two places where they occur after the definition of " lump sum ") there are inserted in each case the words " and section 59A of this Act ".

21 In section 61(2) of the Pensions Act (reference of proposed regulations to the Occupational Pensions Board) for the words from "to be made" to "passing of this Act" there are substituted the words " made for the purpose only of consolidating other regulations revoked thereby ".

22 In sections 66(2) and 68(3)(a) of the Pensions Act, for the words " section 59 " there are, in each case, substituted the words " sections 59 and 59A ".

23 In paragraph 4 of Schedule 1 to the Pensions Act (deferred retirement) at the end of both sub-paragraph (1) and sub-paragraph (2) there are inserted the words " under this Schedule apart from paragraph 4A. ".

THE SUPPLEMENTARY BENEFITS ACT 1976 (c.71)

24 In section 2(1) of the Act of 1976 (determination of benefit, subject to provisions of section 15 as to appeals) for the words " section 15" there are substituted the words " sections 15 and 15A ".

25 In section 14(2)(d) of the Act of 1976 (review of determinations), at the end there are inserted the words " or by a National Insurance Commissioner or Tribunal of Commissioners by virtue of rules under section 15A of this Act ".

26 In section 15 of the Act of 1976 (appeals to Appeal Tribunals), in subsection (3) the words from " and any " to the end are omitted and at the end there is inserted the following subsection:—

“(4) Subject to section 15A of this Act, any determination of an Appeal Tribunal shall be final; but nothing in this section shall make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision.”.

27 In section 33 of the Act of 1976 (rules and regulations) the following subsection is inserted after subsection (1)—

“(1A) Rules and regulations under this Act may make different provision for different classes of case and otherwise for different circumstances.”.

28 In paragraph 8 of Schedule 2 to the Act of 1976 (increase of amount of award on appeal), in sub-paragraph (a) after the words " section 15 " there are inserted the words " or 15A ".

THE SOCIAL SECURITY (MISCELLANEOUS PROVISIONS) ACT 1977 (c.5)

29 In the Act of 1977—

(a) section 3(3) to (5),

(b) section 5(2), and

(c) section 13(2),

are hereby repealed.

THE EMPLOYMENT PROTECTION (CONSOLIDATION) ACT 1978 (c.44)

30 In section 132 of the Employment Protection (Consolidation) Act 1978—

(a) in subsection (3)(e) for the words " and (3)" there are substituted the words " to (4) "; and

(b) in subsection (4)(a) for the words " and (2) " there are substituted the words " (2) and (2A) ".

THE SUPPLEMENTARY BENEFIT (APPEAL TRIBUNAL) RULES 1971 (S.I. No. 680)

31 Rule 2 of the Supplementary Benefit (Appeal Tribunal) Rules 1971 (tenure of office of members of Appeal Tribunals) is hereby revoked.

THE MOBILITY ALLOWANCE (VEHICLE SCHEME BENEFICIARIES) REGULATIONS 1977 (S.I. No. 1229)

32 In Regulation 6 of the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 the following paragraph is substituted for paragraph (a)—

“(a) section 37A(5) of the principal Act shall have effect as though the words " or over the age of 75 " and paragraph (aa) were omitted ;”.