Social Security Act 1979

SCHEDULES

Section 5.

SCHEDULE 1 Amendment of Principal Act, Pensions Act and Act of 1977

PART I Miscellaneous Amendments of Provisions Relating to Retirement and Invalidity Pensions

Principal Act

1 In section 15(4) of the principal Act (disregard of certain amounts in calculating amount of pension by reference to which certain invalidity pensions are calculated) there are inserted after paragraph (b) the words “and

(c) if he is also entitled to an invalidity allowance, any increase under section 28(7) or 29(8) of this Act (increase in Category A and B retirement pensions by amount equal to invalidity allowance).”.

2 In section 39(1)(c)(ii) of the principal Act (certain increases to be disregarded in determining entitlement to Category D retirement pension) after the word " disregarding " there are inserted the words " any additional component, any increase so far as attributable to any additional component or to any increase in a guaranteed minimum pension, any graduated retirement benefit and ".

3 In paragraph 5 of Schedule 3 to the principal Act (contribution conditions for retirement pensions etc.), for sub-paragraphs (6) and (7) (which provide for the second condition to be deemed to be satisfied in certain circumstances) there is substituted the following sub-paragraph—

“(6) The second condition shall be deemed to be satisfied notwithstanding that paragraphs (a) and (b) of sub-paragraph (3) above are not complied with as respects each of the requisite number of years if—

(a) those paragraphs are complied with as respects at least half that number of years (or at least 20 of them, if that is less than half); and

(b) in each of the other years the contributor concerned was, within the meaning of regulations, precluded from regular employment by responsibilities at home.”.

Pensions Act

4 In section 8(1) of the Pensions Act (provision for Category B retirement pension for a widower in certain circumstances) the following paragraph is substituted for paragraph (c)—

“(c) before her death she satisfied the contribution conditions specified in paragraph 5 of Part I of Schedule 3 to the principal Act.”.

5 In section 20(1) of the Pensions Act (use of former spouse's contributions), after the words " those conditions " there are inserted the words " (but only in respect of any claim for a Category A retirement pension) ".

6 In paragraph 4 of Schedule 1 to the Pensions Act (deferred retirement) there is inserted, after sub-paragraph (2), the following sub-paragraph—

“(3) Where—

(a) there is a period between the death of the former spouse and the date on which the surviving spouse becomes entitled to a Category A or Category B retirement pension, and

(b) one or more orders have come into force under section 124 of the principal Act (increases in rates of benefit) during that period,

the amount of the increase to which the surviving spouse is entitled under this paragraph shall be determined as if the order or orders had come into force before the beginning of that period.”.

7 In the said Schedule 1, the following paragraph is inserted after paragraph 4—

“4A (1) Where a woman is entitled to a Category A or Category B retirement pension and—

(a) she has had a husband and he has died, and she was married to him when he died ; and

(b) the husband either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if he had retired on the date of his death,

the rate of her pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to one-half of that increase ; the appropriate amount; and an amount equal to any increase to which he had been entitled under this paragraph.

(2) Where a man is entitled to a Category A or Category B retirement pension and—

(a) he has had a wife and she has died, and he was married to her when she died ; and

(b) he was over pensionable age when she died ; and

(c) the wife either—

(i) was entitled to a guaranteed minimum pension with an increase under section 35(6) of this Act; or

(ii) would have been so entitled if she had retired on the date of her death,

the rate of his pension shall be increased by an amount equal to the sum of the following amounts, that is to say, an amount equal to that increase ; the appropriate amount; and an amount equal to any increase to which she had been entitled under this paragraph.

(3) The " appropriate amount " means either—

(a) the amount by which the deceased person's Category A or Category B retirement pension had been increased under section 126A of the principal Act (up-rating of increments in guaranteed minimum pensions), or

(b) the amount by which his Category A or Category B retirement pension would have been so increased had he died immediately before his surviving spouse became entitled to a Category A or Category B retirement pension,

whichever is the greater.”.

Act of 1977

8 In section 4(1) of the Act of 1977 (provision for payment of Category D retirement pension and Category A or Category B retirement pension at the same time) for the words " a Category D retirement pension " there are substituted the words " a Category C or Category D retirement pension ".

PART II Modification of Certain Provisions in Relation to Events Occurring Before 6th April 1979

9 Expressions used in this Part of this Schedule and in the principal Act shall have the same meaning in this Part as they have in that Act.

Principal Act

10 In section 16 (rates at which invalidity allowance is payable)—

(a) the following paragraphs are substituted for paragraphs (a) and (b) of subsection (2)—

“(a) at the higher rate specified in relation thereto in Schedule 4, Part I, if—

(i) the qualifying date fell before 5th July 1948 ; or

(ii) on the qualifying date the beneficiary was under the age of 35 ; or

(iii) on the qualifying date the beneficiary was under the age of 40 and had not attained pensionable age before 6th April 1979 ;

(b) at the middle rate so specified if paragraph (a) above does not apply and either—

(i) on the qualifying date the beneficiary was under the age of 45 : or

(ii) on the qualifying date the beneficiary was under the age of 50. and had not attained pensionable age before 6th April 1979 ;”; and

(b) the following subsection is inserted after subsection (2)—

“(2A) No payment shall be made by virtue of subsection (2)(a)(iii) or (6)(ii) above in respect of any period before 6th April 1979.”.

11 Section 28(2) (entitlement of married woman to Category A retirement pension) shall, notwithstanding its repeal by section 19(4) of and Schedule 5 to the Pensions Act, continue to apply in relation to any woman who attained pensionable age before 6th April 1979.

12 In section 59 (increase of unemployability supplement) the following words are inserted at the end of subsection (1)—

“Provided that no payment shall be made by virtue of heads (aa) or (bb) of that paragraph in respect of any period before 6th April 1979.”.

13 In paragraph 5 of Part V of Schedule 4 (weekly rates of the increase in unemployability supplement)—

(a) after paragraph (a) there is inserted the following paragraph—

“(aa) if head (a) above does not apply and on the qualifying date the beneficiary was under the age of 40 and he had not attained pensionable age before 6th April 1979

£415.”

(b) in paragraph (b) for the words " head (a) above does " there are substituted the words " heads (a) and (aa) above do ";

(c) for paragraph (c) there are substituted the following paragraphs—

“(bb) if heads (a), (aa) and (b) above do not apply and on the qualifying date the beneficiary was under the age of 50 and had not attained pensionable age before 6th April 1979	£2.60;
(c) in any other case	£1.30”.

Pensions Act

14 Section 8(1) (Category B retirement pension for widower) shall not apply in any case where the death of the wife occurred before 6th April 1979.

15 Section 9 (special provision for surviving spouses) shall not apply in any case where the death of the wife or husband (as the case may be) occurred before 6th April 1979 and the surviving spouse had attained pensionable age before that date.

16 Section 10 (special provision for married women) shall not apply in any case where both the husband and the wife attained pensionable age before 6th April 1979.

17 Section 15 (invalidity pension for widows) shall not apply in relation to a widow unless she ceased to be entitled to a widow's allowance or a widowed mother's allowance after 5th April 1979.

18 Section 16 (invalidity pension for widowers) shall not apply in any case where the wife died before 6th April 1979.

19 Section 17 (which is superseded by paragraphs 10 and 13 above) is hereby repealed.

20 Section 20 (use of former spouse's contributions) shall not apply in relation to any person who attained pensionable age before 6th April 1979 if the termination of his marriage (or, if he had been married more than once, his last marriage) also occurred before that date.

21 In paragraph 2(2)(b) of Schedule 1 (which defines " period of deferment" for the purpose of enabling an increase of pension to be paid where retirement is deferred) for the words from " in relation to " to the end there are substituted the words—

“(i) in relation to any person who attains pensionable age after 5th April 1979, means the period beginning with the date on which he attains that age and ending with the day before that of his retirement;

(ii) in relation to any person who reaches pensionable age before 6th April 1979, means the period beginning with that date and ending with the day before the date of his retirement.”.

22 In paragraph 4 of Schedule 1 (increase of pension where pensioner's deceased spouse had deferred his retirement) the following sub-paragraph is inserted at the end—

“(4) The preceding provisions of this paragraph shall not apply in any case where the deceased spouse died before 6th April 1979 and the widow or widower attained pensionable age before that date.”.

Section 6(2).

SCHEDULE 2 Schedule Inserted in Act of 1976 in Substitution for Schedule 4

SCHEDULE 4

CONSTITUTION, JURISDICTION AND PROCEEDINGS OF APPEAL TRIBUNALS

1 Every tribunal shall consist of—

(a) one member drawn from a panel of persons appearing to the Secretary of State to have knowledge or experience of conditions in the area to which the panel relates and of the problems of people living on low incomes ;

(b) one member drawn from a panel of persons appearing to the Secretary of State to represent work-people ; and

(c) a person drawn from those selected by the Secretary of State to act as chairmen of the tribunals.

2 Panels of the kinds mentioned in paragraph 1 above shall be constituted by the Secretary of State for the whole of Great Britain and each panel shall relate to such area as he thinks fit, and be composed of such persons as he sees fit to appoint.

3 Before appointing members to either of the panels, the Secretary of State may take into consideration recommendations from such organisations or persons as he considers appropriate.

4 A tribunal shall have jurisdiction in respect of the area to which the panels from whose members it is constituted relate.

5 So far as is practicable—

(a) each member of a panel shall be summoned in turn to serve on a tribunal;

(b) where several persons are selected to act as chairmen for a particular area they shall be invited in turn to preside over a tribunal;

(c) at least one of the members of the tribunal shall be of the same sex as the claimant.

6 The Secretary of State shall pay to the chairman of a tribunal such remuneration, and to any member thereof such travelling and other allowances (including compensation for the loss of remunerative time), as he may, with the consent of the Minister for the Civil Service, determine.

7 (1) The Secretary of State shall assign to serve the tribunals having jurisdiction in respect of each area a clerk and such other officers and servants and shall pay them such salaries or fees and such allowances as he may, with the consent of the Minister for the Civil Service, determine.

(2) Before assigning a clerk under this paragraph the Secretary of State shall, if one or more Senior Chairmen have been appointed under paragraph 11 below, consult him or such one of them as he considers appropriate.

(3) The Secretary of State shall consider any representations made to him by a Senior Chairman as to the desirability of terminating the assignment of a clerk and shall take such action, if any, as he considers appropriate.

8 A person appointed to act as a member of a panel shall hold and vacate office in accordance with the terms of his appointment.

9 (1) The Secretary of State may make rules—

(a) as to the procedure of tribunals and the procedure in connection with the bringing of matters before a tribunal, and as to the time within which matters may be brought before tribunals ;

(b) as to the payment by the Secretary of State to persons attending proceedings before tribunals of travelling and other allowances (including compensation for loss of remunerative time);

(c) for authorising proceedings notwithstanding that the members of the tribunal are not all present.

(2) The power to make rules as to procedure under this paragraph includes power to make provision as to the representation of one person in any proceedings by another person.

(3) In any case where proceedings take place in accordance with rules made under sub-paragraph (1)(c) above the tribunal shall, notwithstanding anything in this Act, be deemed to be properly constituted, and the chairman shall have a second or casting vote.

10 Notwithstanding the preceding provisions of this Schedule—

(a) a tribunal shall have jurisdiction in respect of such area as the Secretary of State may direct; and

(b) the chairman and other members may, if the Secretary of State so directs, be drawn from among those selected or appointed in relation to different areas.

SENIOR CHAIRMEN

11 (1) The Lord Chancellor may, after consultation with the Lord Advocate, appoint persons who are barristers, advocates or solicitors of not less than 7 years' standing to act in relation to the tribunals as Senior Chairmen.

(2) A person appointed under this paragraph to act as a Senior Chairman shall have such functions in relation to the tribunals, including the function of acting as chairman of a tribunal, as the Secretary of State may from time to time assign to him.

(3) Section 7 of the [1971 c. 62.] Tribunals and Inquiries Act 1971 (chairmen of certain tribunals) and paragraph 5(b) above shall not apply in relation to a Senior Chairman acting as chairman of a tribunal by virtue of sub-paragraph (2) above.

(4) A Senior Chairman shall hold and vacate office in accordance with the terms of his appointment.

(5) The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of Senior Chairmen or any of them as, with the consent of the Minister for the Civil Service, he may determine.

(6) Senior Chairmen shall have such officers and staff as the Secretary of State may, with the consent of the Minister for the Civil Service as to numbers and as to remuneration and other terms and conditions of service, see fit to appoint.

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 ;”.