Health and Social Security Act 1984

Part I U.K. Health

Optical appliances U.K.

1 Supply etc. of optical appliances. U.K.

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(3) In section 38 of the M1 National Health Service Act 1977 (arrangements for general ophthalmic services) for the words from “ophthalmic”, in the first place where it occurs, to the end of the first paragraph there shall be substituted the words “ and ophthalmic opticians for securing the testing of sight by them. ”.

(4) In paragraph (c) of section 39 of that Act (regulations as to arrangements for general ophthalmic services) the words “and the ophthalmic or dispensing optician who is to supply the appliances” shall cease to have effect.

(5) The following provisions of section 26 of the M2 National Health Service (Scotland) Act 1978 (arrangements for provision of general ophthalmic services) shall cease to have effect—

(a) subsection (1)(b); and

(b) in subsection (2)(c), the words “and the ophthalmic or dispensing optician who is to supply the appliances”.

(6) The amendments of the M3 National Health Service Act 1977 contained in Part I of Schedule 1 to this Act shall have effect in consequence of subsections (3) and (4) above.

(7) The amendments of the M4 National Health Service (Scotland) Act 1978 contained in Part II of that Schedule shall have effect in consequence of subsection (5) above.

Textual Amendments

F1 S. 1(1)(2) repealed (16.2.1990) by Opticians Act 1989 (c. 44), s. 37, Sch. 2

Modifications etc. (not altering text)

C1 The text of s. 1(3)–(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M1 1977 c. 49.

M2 1978 c. 29.

M3 1977 c. 49.

M4 1978 c. 29.

2–4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 Ss. 2–4 repealed (16.2.1990) by Opticians Act 1989 (c. 44), s. 37, Sch. 2

National Health Service U.K.

5 Family Practitioner Committees. U.K.

F3 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In subsection (1) of section 15 of that Act (duty of Family Practitioner Committee) the following paragraph shall be substituted for paragraph (a)—

“(a) to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their locality;”.

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Schedule 3 to this Act shall have effect.

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) The Secretary of State may by order make such repeals in or other modifications of any enactment or instrument as appear to him to be necessary or expedient in consequence of subsection (1), (2) or (4) above.

(8) An order under subsection (5) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F3 S. 5(1)(3)(5)(6) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Modifications etc. (not altering text)

C2 The text of ss. 5(1)–(4), 6, 7(1)–(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

F4 6 Finance in National Health Service. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The following subsection shall be inserted after subsection (2) of section 98 of that Act (accounts and audit)—

“(2A) The accounts prepared and transmitted by a District Health Authority in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

(a) the Council is established for the Authority’s district; or

(b) the Authority is the prescribed Authority in relation to the Council.”.

(3) The following subsection shall be inserted after subsection (1) of section 85 of the M5 National Health Service (Scotland) Act 1978 (expenses)—

“(1A) The date on which an allotment under subsection (1) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the body receiving the allotment are notified of its amount by the Secretary of State.”.

(4) In subsection (11) of section 121 of the M6 Mental Health Act 1983 (Mental Health Act Commission) for the words “sub-paragraphs (4) and (5) were omitted” there shall be substituted the words “ the reference to a member in sub-paragraph (4) included a reference to the chairman. ”.

Textual Amendments

F4 S. 6(1) repealed (1.4.1996) by 1995 c. 17, s. 5(1)(2), Sch. 3 (with Sch. 2 paras. 6, 16)

Modifications etc. (not altering text)

C3 The text of ss. 5(1)–(4), 6, 7(1)–(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M5 1978 c. 29.

M6 1983 c. 20.

7 Professional remuneration in National Health Service. E+W+S

(1) The following shall be inserted after section 43 of the M7 National Health Service Act 1977—

“ Remuneration for services E+W+S

43A Regulations as to remuneration.

(1) Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.

(2) Subject to sections 29(4) and 35(2) above, remuneration under the regulations may consist of payments by way of—

(a) salary;

(b) fees;

(c) allowances;

(d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

(3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 29(4) and” in subsection (2) above.”.

(2) The following shall be inserted after section 28 of the M8 National Health Service (Scotland) Act 1978—

“ Remuneration for services E+W+S

28A Regulations as to remuneration.

(1) Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.

(2) Subject to sections 19(3) and 25(3), remuneration under the regulations may consist of payments by way of—

(a) salary;

(b) fees;

(c) allowances;

(d) reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

(3) If section 10 of the National Health Service Act 1966 is brought into operation, upon the date of its commencement the words “section 10 of the National Health Service Act 1966 and section” shall be substituted for the words “sections 19(3) and” in subsection (2) above.”.

(3) The following section shall be added after each of the sections inserted by subsections (1) and (2) above, as section 43B of the M9 National Health Service Act 1977 and section 28B of the M10 National Health Service (Scotland) Act 1978—

“ Remuneration—supplementary.

(1) The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a “determining authority”.

(2) The power conferred by the preceding section includes power to make regulations providing for a determination in more than one stage and by more than one determining authority.

(3) Regulations under the preceding section shall provide—

(a) that a determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description;

(b) that, before making such a determination, the determining authority shall consult—

(i) a prescribed body established to provide advice in connection with the matters to be determined; or

(ii) an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate.

or both such a body and such an organisation.

(4) Regulations under the preceding section may provide—

(a) that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates; and

(b) that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning—

(i) if it is required to be published, on the date of publication;

(ii) if it is not so required, on the date on which it is made.

(5) Regulations under the preceding section may provide—

(a) for determinations of the remuneration of particular persons or descriptions of persons for particular items of service or in particular circumstances;

(b) that a determining authority shall have a discretion, when making a determination by virtue of this subsection,—

(i) as to the amount of remuneration to be paid; and

(ii) as to the persons to whom and conditions on which it is to be paid; and

(c) that a determination made by virtue of this subsection may be revised—

(i) to correct an error; or

(ii) where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.

(6) Regulations under the preceding section may provide—

(a) that determinations may be made by reference to any of the following—

(i) rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under the regulations;

(ii) scales, indices or other data of any description specified in the regulations; and

(b) that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

(7) Any determination under regulations under the previous section shall be made after taking into account all the matters which are considered to be relevant by the determining authority and, without prejudice to the generality of this subsection, such matters may include—

(a) the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of a kind to which the determination will relate;

(b) the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;

(c) the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;

(d) the extent to which it is desirable to encourage the provision of particular descriptions of services either generally or in particular localities;

(e) the desirability of promoting services which are—

(i) economic and efficient; and

(ii) of an appropriate standard.”.

(4) Any determination in relation to remuneration in respect of services under Part II of the M11 National Health Service Act 1977 or Part II of the M12 National Health Service (Scotland) Act 1978 which was made—

(a) before the passing of this Act; or

(b) after it but at a time before the coming into force of a provision inserted by this section,

shall be deemed to be validly made if regulations authorising such a determination could have been made had that provision been in force at that time.

Modifications etc. (not altering text)

C4 The text of ss. 5(1)–(4), 6, 7(1)–(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

C5 S. 7(4) amended (E.W.) (prosp.) by 1999 c. 8, ss. 10(3), 67(1)

S. 7(4) amended (S.) (1.10.1999) by 1999 c. 8, s. 57(3); S.S.I. 1999/90, art. 2(a), Sch. 1

Marginal Citations

M7 1977 c. 49.

M8 1978 c. 29.

M9 1977 c. 49.

M10 1978 c. 29.

M11 1977 c. 49.

M12 1978 c. 29.

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 E+W+S

Textual Amendments

F5 S. 8 repealed by Health and Medicines Act 1988 (c. 49), s. 25(2), Sch. 3

9 Holidays for patients etc. E+W+S

(1) The following subsection shall be added after section 5(2A) of the National Health Service Act 1977—

“(2B) The Secretary of State’s functions may be performed outside England and Wales, in so far as they relate—

(a) to holidays for patients;

(b) to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c) to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.”.

(2) The following section shall be added after section 99 of the National Health Service (Scotland) Act 1978—

“99A Holidays for patients etc.

The Secretary of State’s functions may be performed outside Scotland, in so far as they relate—

(a) to holidays for patients;

(b) to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands; or

(c) to the return of patients who have received treatment in Scotland to countries or territories outside the British Islands.”.

Modifications etc. (not altering text)

C6 The text of s. 9 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Treatment in European Economic Community E+W+S

10 Reimbursement of cost of medical and maternity treatment in member States of European Economic Community. E+W+S

(1) The Secretary of State may pay to a competent institution in a member State the cost of treatment to which this section applies provided by that institution under the social security scheme of that State for a person who, at the relevant time—

(a) was ordinarily resident in Great Britain; and

(b) was a national of a member State or a dependant of such a national.

(2) The Secretary of State may only make a payment under this section of the cost of treatment—

(a) which is given to a person during a temporary stay in a member State because his condition required immediate treatment;

(b) which—

(i) is given in continuance of treatment commenced in the United Kingdom; and

(ii) follows an agreement between the Secretary of State and the person treated that, on his subsequent return to, or transfer of residence to, the member State, his treatment for the same condition would be at the expense of the Secretary of State for a period agreed with the Secretary of State; or

(c) which is given following an agreement between the Secretary of State and the person treated that he should go to the member State to receive treatment to which this section applies appropriate to his condition.

(3) This section applies—

(a) to treatment for sickness or injury; and

(b) to treatment in connection with pregnancy or maternity,

which is given to a person to whom the 1971 Community regulation did not apply at the relevant time.

(4) In this section—

• “competent institution” has the meaning assigned to it by the 1971 Community regulation;

• “the 1971 Community regulation” means Council Regulation (EEC) No. 1408/71 as it has effect from time to time; and

• “the relevant time” means the time when treatment was given.

Modifications etc. (not altering text)

C7 S. 10: transfer of functions (W.) (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1

Part II U.K. Social Security

11–14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 U.K.

Textual Amendments

F6 Ss. 11–14 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

15 Attendance allowance: daily entitlement. E+W+S

(1) In this section—

• “the 1975 Regulations” means the M13 Social Security (Claims and Payments) Regulations 1975;

• “the 1977 amendment Regulations” means the M14 Social Security (Attendance Allowance) Amendment Regulations 1977

• “the 1979 Regulations” means the M15 Social Security (Claims and Payments) Regulations 1979

;

• “the 1980 amendment Regulations” means the M16 Social Security (Attendance Allowance) Amendment Regulations 1980;

• “regulation 16A” means regulation 16A of the 1975 Regulations, which was added by regulation 9 of the 1977 amendment Regulations;

• “regulation 18” means regulation 18 of the 1979 Regulations, both as originally made and as substituted by regulation 6(2) of the 1980 amendment Regulations;

• “appropriate pay day” means a day for payment under regulation 15(7) of the 1975 Regulations or regulation 16(7) of the 1979 Regulations of weekly sums on account of an attendance allowance; and

• “13 week period” means the period mentioned in regulation 16A or regulation 18.

(2) Regulation 16A and regulation 18 shall be deemed always to have had effect as if—

(a) the words “Notwithstanding anything in the foregoing provisions of these regulations” were inserted at the beginning;

(b) any reference to attendance allowance being payable for a period were a reference to attendance allowance which would have been payable for that period but for—

(i) regulation 15(9) or (10) of the 1975 Regulations; or

(ii) regulation 16(10) or (11) of the 1979 Regulations; and

(c) in relation to any case where a 13 week period does not end on an appropriate pay day, any reference to a 13 week period in paragraph (1) were a reference to that period together with any days after its end but before the next appropriate pay day.

Modifications etc. (not altering text)

C8 The text of s. 15 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Marginal Citations

M13 S.I. 1975/560.

M14 S.I. 1977/1361.

M15 S.I. 1979/628

M16 S.I. 1980/1136

16–18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 Ss. 16–18 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

F8 19 Accrued rights and entitlement to benefits under occupational pension schemes. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 S. 19 repealed (7.2.1994) by 1993 c. 48, ss. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

F9 20 Protection of pensions. E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9 S. 20 repealed (7.2.1994) by 1993 c. 48, ss. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

21 Miscellaneous social security amendments. E+W+S

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified.

Modifications etc. (not altering text)

C9 The text of ss. 19–21 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 S. 22 repealed (11.4.1988) by Social Security Act 1986 (c. 50), Sch. 11

Part III U.K. Supplementary

23 Expenses. U.K.

Any expenses of the Secretary of State incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums provided under any other Act, shall be defrayed out of money provided by Parliament.

24 Repeals. U.K.

The enactments specified in Schedule 8 to this Act are repealed to the extent specified in the third column of that Schedule.

Modifications etc. (not altering text)

C10 The text of s. 24 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

25 Northern Ireland. N.I.

(1) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the M17 Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this section applies—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but

(b) shall be subject to annulment in pursuance of a resolution of either House.

(2) The purposes to which subsection (1) above applies are purposes corresponding to those—

(a) of section 1(3), (4) and (6) above;

(b) of section 7(1), (3) and (4) above;

(c) of Part II above; and

(d) of this Part.

Marginal Citations

M17 1974 c. 28.

26 Extent. U.K.

(1) The following provisions of this Act—

• section 1(3), (4) and (6);

• section 5, except subsection (3), and Schedule 3;

• section 6(1), (2) and (4);

• in section 7—

• (a) subsection (1); and

• (b) subsections (3) and (4), so far as they relate to the M18 National Health Service Act 1977;

• section 9(1),

extend to England and Wales only.

(2) The following provisions of this Act—

• section 1(5) and (7);

• section 6(3);

• in section 7—

• (a) subsection (2); and

• (b) subsections (3) and (4), so far as they relate to the M19 National Health Service (Scotland) Act 1978;

• section 9(2),

extend to Scotland only.

(3) Section 25 above extends to Northern Ireland only.

(4) The following provisions of this Act—

• section 8;

• section 10; and Part II, except the provisions mentioned in subsection (5) below,

extend to England and Wales and Scotland.

(5) Section 11(2) above, so far as it relates to paragraph 2 of Schedule 4, [F11 extends] to England and Wales, Scotland and Northern Ireland.

(6) The following provisions of this Act also extend to England and Wales, Scotland and Northern Ireland—

• . . . F12

• . . . F12

• section 5(3);

• section 23;

• this section;

• sections 27 to 29.

(7) Where any enactment repealed by this Act extends to any part of the United Kingdom, the repeal extends to that part.

Textual Amendments

F11 Word substituted by Social Security Act 1985 (c. 53), Sch. 5, para. 39

F12 Words repealed (16.2.1990) by Opticians Act 1989 (c. 44), Sch. 2

Marginal Citations

M18 1977 c. 49.

M19 1978 c. 29.

27 Commencement. U.K.

(1) Subject to the following provisions of this section, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

(2) The following provisions of this Act shall come into force on the day this Act is passed—

• section 6(4);

• section 7(4);

• section 9;

• section 10;

• section 15;

• section 18(1) and (2);

• section 21, so far as it relates to paragraph 6 or 8 of Schedule 7;

• section . . . F13 23;

• sections 25 and 26;

• this section;

• sections 28 and 29.

(3) The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

• section 8;

• section 16;

• section 19;

• section 21, so far as it relates to paragraphs 4, 5, 7 and 9 of Schedule 7;

• section 24, so far as it relates to section 38 of the M20 Social Security Pensions Act 1975.

Textual Amendments

F13 Words revoked (11.4.1988) by Social Security Act 1986 (c. 50), Sch. 11

Modifications etc. (not altering text)

C11 Power of appointment under s. 27(1) partly exercised by S.I.s 1984/1302, 1984/1467, 1986/974

Marginal Citations

M20 1975 c. 60.

28 Transitional. U.K.

(1) The Secretary of State may by regulations made by statutory instrument make such transitional provision or saving as he considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2) Without prejudice to the generality of subsection (1) above, regulations under this section may provide that references to dispensing opticians in the M21 National Health Service Act 1977 or the M22 National Health Service (Scotland) Act 1978 shall be treated as including suppliers of optical appliances who are not dispensing opticians as defined in those Acts.

(3) Section 126(4) of the National Health Service Act 1977 and section 105(7) of the National Health Service (Scotland) Act 1978 shall have effect in relation to the power to make regulations under this section containing any such provision as is mentioned in subsection (2) above as if that subsection were contained in each of those Acts.

(4) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M21 1977 c. 49.

M22 1978 c. 29.

29 Citation. U.K.

(1) This Act may be cited as the Health and Social Security Act 1984.

(2) Part II of this Act and section 24 above, so far as it relates to Part II of Schedule 8 to this Act, may be cited together with the Social Security Acts 1975 to 1982 as the Social Security Acts 1975 to 1984.