Social Security Act 1980

Sections 9 and 10.

SCHEDULE 3 Social Security Advisory Committee

PART I Constitution etc of Committee

1 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.

2 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—

(a) shall be eligible for reappointment from time to time on or after the expiration of his term of office;

(b) may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment

3 (1) Of the members of the Committee (other than the chairman) there shall be appointed—

(a) one after consultation with organisations representative of employers;

(b) one after consultation with organisations representative of workers; and

(c) one after consultation with the Head of the Department of Health and Social Services for Northern Ireland ;

and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled.

(2) In selecting a person with such experience as aforesaid regard shall be had to the desirability of having a chronically sick or disabled person.

4 The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.

5 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.

6 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.

7 There may be paid as part of the expenses of the Committee—

(a) to all or any of the members of the Committee, such salaries or other remuneration and travelling and other allowances ; and

(b) to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),

as the Secretary of State may with the consent of the Minister for the Civil Service determine.

8 (1) 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.

(2) 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.

9 The Committee may act notwithstanding any vacancy among the members.

10 The Committee may make rules for regulating its procedure (including the quorum of the Committee).

PART II Regulations not requiring prior submission to Committee

Family Income Supplement

11 Regulations under section 2(1) or 3(1) of the [1970 c. 55.] Family Income Supplements Act 1970 or the [1971 c. 8 (N.I.).] 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).

Social Security

12 (1) Regulations relating only to industrial injuries benefit within the meaning of the principal Act or the [1975 c. 15.] Social Security (Northern Ireland) Act 1975.

(2) 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).

(3) 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.

Social Security Pensions

13 (1) Regulations under section 1 of the Pensions Act or Article 3 of the [S.I. 1975/1503 (N.I. 15).] 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.

(2) 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).

Child Benefit

14 (1) Regulations under section 5 of the [1975 c. 61.] Child Benefit Act 1975 or Article 7 of the [S.I. 1975/1504 (N.I. 16).] Child Benefit (Northern Ireland) Order 1975 (under which the rate of child benefit may be prescribed).

(2) 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).

Supplementary Benefits

15 Regulations of which the effect is to increase any amount which is—

(a) specified in regulations made for the purposes of section 3 of the [1976 c. 71.] Supplementary Benefits Act 1976 (which relates to cases of exceptional need); or

(b) 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

(c) 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

(d) 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,

and corresponding regulations applying to Northern Ireland.

National Insurance Surcharge

16 Regulations contained in a statutory instrument or rule which states that it contains only provisions in consequence of the [1976 c. 85.] 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 [1975 c. 15.] Social Security (Northern Ireland) Act 1975.

Miscellaneous

17 Regulations made within a period of six months beginning with the date of the passing of this Act under the [1970 c. 55.] Family Income Supplements Act 1970, the [1971 c. 8 (N.I.).] Family Income Supplements Act (Northern Ireland) 1971, the [1975 c. 61.] Child Benefit Act 1975, the [S.I. 1975/1504 (N.I. 16).] Child Benefit (Northern Ireland) Order 1975, the [1976 c. 71.] Supplementary Benefits Act 1976 or the [S.I. 1977/2156 (N.I. 27).] Supplementary Benefits (Northern Ireland) Order 1977.

18 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.

19 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 [1971 c. 62.] Tribunals and Inquiries Act 1971.

20 Regulations made for the purpose only of consolidating other regulations revoked thereby.

21 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.