Social Security Act 1985

PART IOccupational Pensions

1Short service benefit for members of schemes whose employment is terminated before age of 26

Paragraph 6(1)(a) of Schedule 16 to the [1973 c. 38.] Social Security Act 1973 (the effect of which is that an occupational pension scheme need not provide benefit for a member whose service in relevant employment is terminated before he has attained the age of 26) shall cease to have effect.

2Transfer and revaluation

The [1975 c. 60.] Social Security Pensions Act 1975 shall be amended in accordance with Schedule 1 to this Act—

(a)to introduce a premium payable in certain cases where an earner ceases to be in employment to which an occupational pension scheme applies and there is a transfer of his accrued rights ;

(b)to provide for the extinguishment of the liability of schemes to provide benefits which are secured by policies of insurance or annuity contracts ;

(c)to make further provision as to the revaluation of benefits under schemes; and

(d)to ensure that schemes provide transfer values for their members.

3Information about schemes

The Social Security Pensions Act 1975 shall be amended in accordance with Schedule 2 to this Act in relation to information about occupational pension schemes.

4Earnings factors and guaranteed minimum pensions

The Social Security Pensions Act 1975 and the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977 shall be amended in accordance with Schedule 3 to this Act in relation to earnings factors and guaranteed minimum pensions.

5Managers of schemes

(1)The Secretary of State may by regulations provide who is to be treated as a manager of an occupational pension scheme for any of the purposes—

(a)of the Social Security Acts 1975 to 1985 ; or

(b)of the [1973 c. 38.] Social Security Act 1973.

(2)Section 166 of the [1975 c. 14.] Social Security Act 1975 shall apply to the power to make regulations under subsection (1) above as it applies to powers to make regulations under that Act.

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

(4)In this section " occupational pension scheme " has the meaning assigned to it by section 66 of the Social Security Pensions Act 1975.

6Miscellaneous amendments relating to protection of pensions

(1)In subsection (1) of section 41A of the Social Security Pensions Act 1975 (protection of earners' pensions), the following words shall be substituted for the words from " than " to the end—

(i)in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the Social Security Act 1973 a pension is provided by way of complete substitute for short service benefit, than the weekly rate of that pension; and

(ii)in any other case, than the relevant aggregate..

(2)The following subsection shall be inserted after subsection (IB) of that section—

(1C)In subsection (1) above " the relevant aggregate" means the aggregate of the following—

(a)the relevant sum ;

(b)the excess mentioned in subsection (1)(c) above; and

(c)any amount which is an appropriate addition at the time in question..

(3)In subsection (1) of section 41B of that Act (protection of widows' pensions), the following words shall be substituted for the words from " than " to the end—

(i)in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the [1973 c. 38.] Social Security Act 1973 a pension is provided by way of complete substitute for a widow's pension, than the weekly rate of the pension so provided ; and

(ii)in any other case, than the relevant aggregate..

(4)The following subsection shall be inserted after that subsection—

(1A)In subsection (1) above " the relevant aggregate " means the aggregate of the following—

(a)the relevant sum ;

(b)the excess mentioned in subsection (1)(c) above; and

(c)any amount which is an appropriate addition at the time in question..

(5)In subsection (3) of that section, for the words " assumption specified in subsection (4) below " there shall be substituted the words " prescribed assumptions".

(6)Regulations under that subsection may be framed so as to have effect as from 1st January 1985.

PART IISocial Security

7Calculation of contributions

(1)In subsection (1)(b) of section 4 of the [1975 c. 14.] Social Security Act 1975 (incidence of Class 1 contributions), the words " primary Class 1 " shall be substituted for the word " such".

(2)The following subsections shall be substituted for subsection (6) of that section—

(6)Subject to regulations under sections 128 to 132 below and to section 27 of the Pensions Act, the amount of a primary Class 1 contribution shall be the appropriate primary percentage of so much of the earnings paid in the week, in respect of the employment in question, as does not exceed the current upper earnings limit (or the prescribed equivalent in the case of earners paid otherwise than weekly).

(6A)The appropriate primary percentage is a percentage of the rate specified in subsection (6B) below as the appropriate rate for the primary earnings bracket (or the prescribed equivalent in the case of earners paid otherwise than weekly) into which the earner's earnings fall.

(6B)Subject to any order under this section or section 122 or 123A below, the primary earnings brackets and their appropriate percentage rates shall be—

Weekly earningsPercentage rate
Bracket 1:current lower earnings limit to £54-995 per cent.
Bracket 2:£55-00 to £89-997 per cent.
Bracket 3:£90-00 or more9 per cent.

(6C)Subject to regulations under subsection (7) or sections 128 to 132 below and to section 27 of the Pensions Act, the amount of a secondary Class 1 contribution shall be the appropriate secondary percentage of the earnings paid in the week in respect of the employment in question.

(6D)The appropriate secondary percentage is a percentage of the rate specified in subsection (6E) below as the appropriate rate for the secondary earnings bracket (or the prescribed equivalent in the case of earners paid otherwise than weekly) into which the earner's earnings fall.

(6E)Subject to any order under this section or section 122 or 123 A below, the secondary earnings brackets and their appropriate percentage rates shall be—

Weekly earningsPercentage rate
Bracket 1:current lower earnings limit to £54-995 per cent.
Bracket 2:£55-00 to £89-997 per cent.
Bracket 3:£90-00 to £129-999 per cent.
Bracket 4:£130-00 or more10-45 per cent.

(6F)The Secretary of State may by order alter the number of primary or secondary earnings brackets below the highest bracket.

(6G)An order under this section may make such amendments of any enactment as appear to the Secretary of State to be necessary or expedient in consequence of any such alteration made by it.

(6H)No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(6J)An order under this section shall be made so as to come into force—

(a)on a date in the tax year in which it received Parliamentary approval; or

(b)on a date in the next tax year.

(6K)Such an order shall have effect for the remainder of the tax year in which it comes into force and for any subsequent tax year (subject to the effect of any subsequent order under this section); and for this purpose the order is to be taken as receiving Parliamentary approval on the date on which the draft of it is approved by the second House to approve it..

(3)In section 7(1) of that Act (weekly rate of Class 2 contributions), "£3-50 " shall be substituted for " £4-75".

(4)In section 8(1) of that Act (amount of a Class 3 contribution), " £3-40 " shall be substituted for " £4-65".

(5)The following section shall be inserted after section 123 of that Act—

123AFurther power to alter certain contributions.

(1)For the purposes of adjusting amounts payable by way of primary Class 1 contributions, the Secretary of State may at any time make an order amending section 4(6B) of this Act by altering any one or more of the following figures—

(a)the upper weekly earnings figure specified in respect of Bracket 1;

(b)the weekly earnings figures specified in respect of Brackets 2 and 3 ; and

(c)the percentage rates specified as the appropriate rates for Brackets 1 and 2.

(2)For the purposes of adjusting amounts payable by way of secondary Class 1 contributions, the Secretary of State may at any time make an order amending section 4(6E) of this Act by altering any one or more of the following figures—

(a)the upper weekly earnings figure specified in respect of Bracket 1;

(b)the weekly earnings figures specified in respect of Brackets 2 to 4 ; and

(c)the percentage rates specified as the appropriate rates for Brackets 1 to 3.

(3)No order shall be made under this section so as—

(a)to alter either of the percentage rates specified as the appropriate rates for Brackets 1 and 2 in section 4(6B) above to a rate higher than the percentage rate which at the time the order comes into force is specified as the appropriate rate for Bracket 3 in that subsection ; or

(b)to alter any of the percentage rates specified as the appropriate rates for Brackets 1 to 3 in section 4(6E) above to a rate higher than the percentage rate which at the time the order comes into force is specified as the appropriate rate for Bracket 4.

(4)Without prejudice to section 120 or 122 of this Act, the Secretary of State may make such order—

(a)amending section 7(1) of this Act by altering the figure specified in that subsection as the weekly rate of Class 2 contributions ;

(b)amending section 8(1) of this Act by altering the figure specified in that subsection as the amount of a Class 3 contribution,

as he thinks fit in consequence of the coming into force of an order made or proposed to be made under subsection (1) above.

(5)An order under this section may make such amendments of any enactment as appear to the Secretary of State to be necessary or expedient in consequence of any alteration made by it such as mentioned in subsection (1), (2) or (4) above.

(6)No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(7)An order under this section shall be made so as to come into force—

(a)on a date in the tax year in which it received Parliamentary approval; or

(b)on a date in the next tax year.

(8)Such an order shall have effect for the remainder of the tax year in which it comes into force and for any subsequent tax year (subject to the effect of any subsequent order under this section); and for this purpose the order is to be taken as receiving Parliamentary approval on the date on which the draft of it is approved by the second House to approve it..

8Dock workers

(1)in section 4(7) of the [1975 c. 14.] Social Security Act 1975 (power to make regulations providing for reducing secondary Class 1 contributions in respect of persons to whom section 81 (redundancy payments) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 does not apply) after the word " reducing " there shall be inserted the words " primary or".

(2)In regulation 133 of the [S.I. 1979/591.] Social Security (Contributions) Regulations 1979 (reduction of primary Class 1 contributions of dock workers) for " 0.35 " there shall be substituted " 0.25".

(3)Subsection (2) above shall be deemed to have come into force on 6th April 1984.

9Abatement of invalidity allowance etc., where beneficiary entitled to additional component in pension or to guaranteed minimum pension

(1)In section 16 of the Social Security Act 1975 (invalidity allowance)—

(a)in subsection (1), the words ", subject to the following provisions of this section " shall be inserted after the word " then " ;

(b)the following subsections shall be inserted after subsection (2A)—

(2B)Where for any period—

(a)the weekly rate of the invalidity pension to which the beneficiary is entitled includes an additional component such as is mentioned in section 6(1)(b) of the Pensions Act; or

(b)the beneficiary is entitled to one or more guaranteed minimum pensions,

for that period the relevant amount shall be deducted from the appropriate weekly rate of invalidity allowance and he shall be entitled to invalidity allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.

(2C)In this section " the relevant amount " means—

(a)in a case where paragraph (a) of subsection (2B) above applies but paragraph (b) does not apply, an amount equal to the additional component;

(b)in a case where paragraph (b) applies but paragraph (a) does not apply, an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions; and

(c)in a case where both paragraphs apply, an amount equal to the aggregate of the amounts referred to in paragraphs (a) and (b) above,

reduced by the amount of any reduction in the weekly rate of the invalidity pension made by virtue of section 29 of the Pensions Act.

(2D)In this section—

(a)references to an additional component are references to that component after any increase under section 9(3) of the Pensions Act but without any increase under Schedule 1, paragraphs 1 and 2, to that Act; and

(b)references to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 35(6) of that Act.; and

(c)at the end of subsection (3), there shall be added the words " or, where subsection (2B) above applies, of the weekly rate payable under that subsection".

(2)In section 28 of that Act (Category A retirement pension)—

(a)the words " Subject to the following provisions of this section," shall be inserted at the beginning of subsection (7);

(b)in that subsection, for the words from " equal" to the end there shall be substituted the words " equal to the appropriate weekly rate of the invalidity allowance on that day."; and

(c)the following subsections shall be inserted after that subsection—

(7A)Where for any period—

(a)the weekly rate of a Category A retirement pension includes an additional component such as is mentioned in section 6(1)(b) of the Pensions Act; or

(b)the pensioner is entitled to one or more guaranteed minimum pensions,

for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under subsection (7) above and the pensioner shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, of an amount equal to it.

(7B)In this section "the relevant amount" means—

(a)in a case where paragraph (a) of subsection (7A) above applies but paragraph (b) does not apply, an amount equal to the additional component;

(b)in a case where paragraph (b) applies but paragraph (a) does not apply, an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions; and

(c)in a case where both paragraphs apply, an amount equal to the aggregate of the amounts referred to in paragraphs (a) and (b) above,

reduced by the amount of any reduction in the weekly rate of the Category A retirement pension made by virtue of section 29 of the Pensions Act.

(7C)In this section—

(a)references to an additional component are references to that component after any increase under section 9(3) of the Pensions Act but without any increase under Schedule 1, paragraphs 1 and 2, to that Act; and

(b)references to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 35(6) of that Act..

(3)In section 29 of that Act (Category B retirement pension), at the end of subsection (8) there shall be added the words " , subject to reduction or extinguishment of the increase by the application of section 28(7A) above.".

(4)In section 59 of that Act (increase of unemployability supplement)—

(a)the words " Subject to the following provisions of this section," shall be inserted at the beginning of subsection (1); and

(b)the following subsections shall be inserted after that subsection—

(1A)Where for any period—

(a)the beneficiary is entitled to a Category A or Category B retirement pension or an invalidity pension and the weekly rate of the pension includes an additional component such as is mentioned in section 6(1)(b) of the Pensions Act; or

(b)the beneficiary is entitled to one or more guaranteed minimum pensions,

for that period the relevant amount shall be deducted from the amount that would otherwise be the increase under this section and the beneficiary shall be entitled to an increase only if there is a balance after that deduction and, if there is such a balance, only of an amount equal to it.

(1B)In this section "the relevant amount" means—

(a)in a case where paragraph (a) of subsection (1A) above applies but paragraph (b) does not apply, an amount equal to the additional component reduced by the amount of any reduction in the weekly rate of the pension made by virtue of section 29 of the Pensions Act;

(b)in a case where paragraph (b) applies but paragraph (a) does not apply, an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions; and

(c)in a case where both paragraphs apply, an amount equal to the aggregate of the amount first referred to in paragraph (a) above and the amount referred to in paragraph (b) above.

(1C)In this section—

(a)references to an additional component are references to that component after any increase under section 9(3) of the Pensions Act but without any increase under Schedule 1, paragraphs 1 and 2, to that Act; and

(b)references to the weekly rate of a guaranteed minimum pension are references to that rate without any increase under section 35(6) of that Act..

(5)In Schedule 1 to the [1975 c. 60.] Social Security Pensions Act 1975 (deferred retirement), in paragraph 2, the following sub-paragraph shall be inserted after sub-paragraph (4)—

(4A)In sub-paragraph (4) above the reference to any increase under subsection (7) of section 28 of the principal Act shall be taken as a reference to any increase that would take place under that subsection if subsection (7A) were disregarded..

(6)Where a person—

(a)is entitled immediately before the commencement of a provision contained in this section ("the amending provision") to a benefit specified in subsection (8) below (" the relevant benefit"); and

(b)continues to be entitled to the relevant benefit after the commencement of the amending provision,

until the relevant date the amending provision shall not operate in relation to him, so long as he continues to be entitled to the relevant benefit, in such a way as to reduce the total weekly rate of any benefits specified in subsection (8) below to which he is for the time being entitled to a rate lower than the total weekly rate of such benefits immediately before the commencement of the amending provision.

(7)Where—

(a)the conditions mentioned in subsection (6) (a) and (b) above are satisfied in relation to a person ; and

(b)he ceases to be entitled to the relevant benefit after the commencement of the amending provision ; and

(c)he subsequently becomes entitled to it again ; and

(d)the interval between the date of his ceasing to be entitled to it and the date of his becoming entitled to it again is eight weeks or less ; and

(e)the date of his becoming entitled to it again is earlier than the date in 1985 on which an order under sections 124 and 126A of the [1975 c. 14.] Social Security Act 1975 comes into force,

until the relevant date the amending provision shall not operate in relation to him, during any periods for which he is entitled to the relevant benefit, in such a way as to reduce the total weekly rate of benefits specified in subsection (8) below to which he is for the time being entitled to a rate lower than the total weekly rate of such benefits immediately before the commencement of the amending provision.

(8)The benefits mentioned in subsections (6) and (7) above are—

(a)invalidity benefit;

(b)Category A and Category B retirement pension; and

(c)unemployability supplement,

including any increase in respect of a dependant.

(9)In this section " the relevant date " means, in relation to any person, the first date on which there comes into force an order under sections 124 and 126A of the [1975 c. 14.] Social Security Act 1975 whose effect, taken with the effect of the amending provision, is more beneficial to him than the effect of subsections (6) and (7) above.

10Voluntary redundancy-entitlement to unemployment benefit

In section 20 of the Social Security Act 1975 (disqualifications for receipt of benefit), the following subsection shall be inserted after subsection (3)—

(3A)For the purposes of this section, a person who has been dismissed by his employer by reason of redundancy within the meaning of section 81(2) of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 after volunteering or agreeing so to be dismissed shall not be deemed to have left his employment voluntarily..

11Entitlement of married women to Category A retirement pensions

(1)Paragraph 11 of Schedule 1 to the [1979 c. 18.] Social Security Act 1979 (by virtue of which the additional conditions for the entitlement of a married woman to a Category A retirement pension imposed by section 28(2) of the Social Security Act 1975 continue to apply in relation to any woman who attained pensionable age before 6th April 1979, notwithstanding the repeal of that subsection) is hereby repealed.

(2)Subsection (1) above shall be deemed to have come into force on 22nd December 1984.

12Abolition of lower rate for Category D retirement pension

(1)In section 39 of the Social Security Act 1975 (retirement benefits for the aged)—

(a)the words " or Category D " shall be omitted from subsection (2); and

(b)the following subsection shall be inserted after that subsection—

(2A)The appropriate weekly rate of a Category D retirement pension shall be as provided in relation thereto in Schedule 4. Part III, paragraph 5A..

(2)The following paragraph shall be inserted after paragraph 5 of Part III of Schedule 4 to that Act—

5A.Category D retirement pension (section 39).The higher rate for Category C retirement pensions under paragraph 5 above..

13Pension increases in respect of adult dependants-equal treatment for males and females etc.

(1)The following subsection shall be inserted after subsection (2) of section 45 of the Social Security Act 1975 (increase of Category A or C retirement pension or invalidity pension in respect of wife)—

(2A)Regulations may provide that, for any period during which the pensioner is residing with his wife and his wife is engaged in any one or more employments from which she has earnings—

(a)the increase of benefit under this section shall be subject to a reduction in respect of the wife's earnings ; or

(b)there shall be no increase of benefit under this section..

(2)In section 45A of that Act (pension increase (husband))—

(a)in subsection (1)(b), for the words " conditions specified in " there shall be substituted the words " requirements of either paragraph (a) or (b) of"; and

(b)the following subsections shall be substituted for sub section (2)—

(2)The requirements referred to in subsection (1)(b) above are—

(a)that the pensioner is residing with her husband ;

(b)that the pensioner is contributing to the maintenance of her husband at a weekly rate not less than the specified amount, and her husband is not engaged in any one or more employments from which his weekly earnings exceed that amount.

(3)Regulations may provide that, for any period during which the pensioner is residing with her husband and her husband is engaged in any one or more employments from which he has earnings—

(a)the increase of benefit under this section shall be subject to a reduction in respect of the husband's earnings; or

(b)there shall be no increase of benefit under this section..

(3)The following subsection shall be substituted for subsection (4) of section 46 of that Act (increase of Category A or C retirement pension or invalidity pension in respect of female with care of children)—

(4)Regulations may, in a case within subsection (2) above in which the person there referred to is residing with the pensioner and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this section, but subject, taking account of the earnings of the person residing with the pensioner, other than such of that person's earnings from employment by the pensioner as may be prescribed, to provisions comparable to those that may be, made by virtue of section 45(2A) above..

(4)In section 47 of that Act (invalidity pension (dependent relative))—

(a)in subsection (1), for the words " his weekly earnings exceed the amount so specified " there shall be substituted the words " he has earnings"; and

(b)the following subsection shall be inserted after that subsection—

(1A)Regulations may provide that—

(a)the increase of benefit under this section shall be subject to a reduction in respect of the husband's earnings ; or

(b)there shall be no increase of benefit under this section..

(5)The following subsections shall be substituted for subsections (3) to (6) of section 66 of that Act (increase of disablement pension in respect of adult dependant)—

(3)Regulations may provide that, for any period during which the beneficiary is contributing to the maintenance of his or her spouse at the requisite rate and the weekly earnings of the spouse from any one or more employments exceed such amount as may be prescribed, there shall be no increase of benefit under this section.

(4)Regulations may provide that, for any period during which the beneficiary is residing with his or her spouse and the spouse is engaged in any one or more employments from which he or she has earnings—

(a)the increase of benefit under this section shall be subject to a reduction in respect of the spouse's earnings; or

(b)there shall be no increase of benefit under this section.

(5)Regulations may, in a case within subsection (1)(d)) above in which the person there referred to is residing with the beneficiary and fulfils such further conditions as may be prescribed, authorise an increase of benefit under this section, but subject, taking account of the earnings of the person residing with the beneficiary, other than such of that person's earnings from employment by the beneficiary as may be prescribed, to provisions comparable to those that may be made by virtue of subsection (4) above.

(6)Regulations under this section may, in connection with any reduction or extinguishment of an increase in benefit in respect of earnings, prescribe the method of calculating or estimating the earnings..

(6)In section 84 of that Act (regulations for purposes of sections 45, 66 and other provisions of that Act) in subsection (4)(a), the words " his or her spouse " shall be substituted for the words " his wife".

(7)The amendment made by subsection (6) above shall be deemed to have come into force on 13th July 1983.

(8)The following subsection shall be substituted for section 84(5) of that Act—

(5)The provisions of this Act mentioned in subsection (4) above are sections 31, 42 to 45A, 47, 65 and 66..

14Special hardship allowance

In section 60 of the [1975 c. 14.] Social Security Act 1975 (increase of disablement benefit for special hardship)—

(a)the following subsection shall be inserted after subsection (1)—

(1A)The Secretary of State may by regulations provide that in prescribed circumstances employed earner's employment in which a claimant was engaged when the relevant accident took place but which was not his regular occupation is to be treated as if it had been his regular occupation.;

(b)in subsection (2)(a), for the words " of his " there shall be substituted the words " , except to the extent that it falls to be treated as including such an occupation by virtue of regulations under subsection (1A) above,";

(c)in subsection (6)—

(i)after the word " above", in the first place where it occurs, there shall be inserted the words " and to subsection (6A) below,"; and

(ii)for the words " his regular occupation within the meaning of subsection (1) above " there shall be substituted the words " the relevant occupation"; and

(d)the following subsections shall be inserted after that subsection—

(6A)A person who is entitled to an increase of pension under this section by virtue of regulations under subsection (1A) above shall not be paid such an increase for any period during which he would not normally be engaged in full-time employed earner's employment.

(6B)In subsection (6) above " the relevant occupation " means—

(a)in relation to a person who is entitled, to an increase of pension under this section by virtue of regulations under subsection (1 A) above, the occupation in which he was engaged when the relevant accident took place; and

(b)in relation to any other person who is entitled to an increase of pension under this section, his regular occupation within the meaning of subsection (1) above..

15Invalidity pension

On a review under section 125 of the [1975 c. 14.] Social Security Act 1975 (duty to increase rate of benefits) made in June 1985 subsection (3) of that section shall have effect as if at the end of it there were added the words " and also adding—

(a)to the rate of invalidity pension payable under any provision of this Act or the Pensions Act;

(b)to any increase in the rate of invalidity pension which is payable in respect of an adult dependant;

(c)to the amount of unemployability supplement; and

(d)to the rate of a disablement pension where the beneficiary is entitled to an increase under section 66(1) above,

an additional sum equal to the difference between—

(i)the sum that would have resulted from the review; and

(ii)the sum that would have resulted but for section 1 of the [1980 c. 39.] Social Security (No. 2) Act 1980 ".

16Up-rating benefits

(1)The words " in the month of June " shall be omitted from subsection (1) of sections 125 and 126A of the Social Security Act 1975 (annual reviews of benefits for purposes of up-rating).

(2)The following subsection shall be substituted for subsection (4A) of section 125—

(4A)A review under this section or section 126A below shall cover a period of not more than twelve months beginning immediately after the end of the period covered by the last review under the relevant section..

17Entitlement to benefit dependent on claim

The following section shall be inserted immediately before section 166 of the [1975 c. 14.] Social Security Act 1975—

165AGeneral provision as to necessity of claim for entitlement to benefit.

(1)Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

(a)he makes a claim for it—

(i)in the prescribed manner; and

(ii)subject to subsection (2) below, within the prescribed time; or

(b)by virtue of a provision of Chapter VI of Part II of this Act or of regulations made under such a provision he is treated as making a claim for it.

(2)Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay.

(3)Notwithstanding any regulations made under this section, no person shall be entitled—

(a)to a maternity grant in respect of a confinement occurring more than 12 months before the date on which the claim is made;

(b)to a death grant in respect of a death occurring more than 12 months before the date on which the claim is made ;

(c)to any other benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made..

PART IIIStatutory Sick Pay

18Period of entitlement

(1)In subsection (4) of section 5 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (under which the entitlement limit for statutory sick pay is eight times the appropriate weekly rate) for " eight " there shall be substituted " 28".

(2)There shall be omitted—

(a)from subsection (2) of that section, the words " or tax year,";

(b)from subsection (3), the words from " or ", in the first place where it occurs, to " question ", in the second place where it occurs ;

(c)from subsection (5), the words " tax year or " ; and

(d)paragraph 2(h) of Schedule 1 to the [1982 c. 24.] Social Security and Housing Benefits Act 1982.

(3)The following section shall be inserted after section 15 of the [1975 c. 14.] Social Security Act 1975—

15AStatutory sick pay and entitlement to invalidity pension.

(1)The Secretary of State may by regulations provide that for the purpose of entitlement to invalidity pension such days as may be prescribed in respect of which a person is or has been entitled to statutory sick pay shall be days in respect of which he is deemed to be or to have been entitled to sickness benefit.

(2)A person under pensionable age who is deemed in accordance with regulations under subsection (1) above to have been entitled to sickness benefit for the whole or any part of a period of 168 days such as is mentioned in section 15(1) above shall not be entitled to invalidity pension unless he would have satisfied the contribution conditions for sickness benefit had he claimed that benefit on the first of those days..

(4)The following subsection shall be inserted after subsection (3) of section 2 of the Social Security and Housing Benefits Act 1982 (periods of incapacity for work)—

(3A)The Secretary of State may by regulations direct that a larger number of weeks specified in the regulations shall be substituted for the number for the time being specified in subsection (3) above..

(5)The following subsection shall be inserted after subsection (4) of section 3 of that Act (period of entitlement)—

(4A)The Secretary of State may by regulations—

(a)specify circumstances in which, for the purpose of determining whether an employee's maximum entitlement to statutory sick pay has been reached in a period of entitlement as between him and an employer of his, days falling within a previous period of entitlement as between the employee and any person who is or has in the past been an employer of his are to be counted ; and

(b)direct that in prescribed circumstances an employer shall provide a person who is about to leave his employment, or who has been employed by him in the past, with a statement in the prescribed form containing such information as may be prescribed in relation to any entitlement of the employee to statutory sick pay..

(6)In Schedule 2 to that Act (relationship of statutory sick pay with benefits and other payments etc.)—

(a)in paragraph 1, the words " , except as provided by paragraph 1A below, of " shall be inserted before the words " the [1975 c. 60.] Social Security Pensions Act 1975"; and

(b)the following paragraph shall be inserted after that paragraph—

1AParagraph 1 above shall not apply for the purpose of determining whether the conditions specified in sections 15(2) and 16(2) respectively of the Social Security Pensions Act 1975 (invalidity pension for widows and for widowers) are satisfied..

19Right of employers to amounts in respect of contributions

(1)In section 9 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (recovery by employers of amounts paid by way of statutory sick pay)—

(a)the following subsection shall be inserted after subsection (1)—

(1A)Regulations shall also make provision—

(a)giving any employer who has made a payment of statutory sick pay a right, except in prescribed circumstances, to an amount determined by reference to secondary Class 1 contributions in such manner as may be prescribed;

(b)for the recovery by an employer, in prescribed circumstances, of the whole or any part of any such amount from contributions payments;

(c)for the payment to an employer by the Secretary of State or by the Commissioners of Inland Revenue on behalf of the Secretary of State, in prescribed circumstances, of the whole or any part of any such amount.;

(b)in subsection (2), " and subsection (1A)" shall be inserted after " (1)(a)";

(c)in subsection (5), after the words " statutory sick pay " there shall be inserted the words " or deductions or payments made by virtue of subsection (1A) above"; and

(d)in subsection (7), " or subsection (lA)(c)" shall be inserted after " (1)(b)".

(2)Regulations made under any enactment before the expiry of the period of six months beginning with the day on which this Act is passed and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) above may be framed so as to have effect as from a date earlier than the making of the regulations.

20Medical evidence

In section 17 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 (provision of information: general), the following subsection shall be inserted after subsection (2)—

(2A)The Secretary of State may by regulations direct-

(a)that medical information required under subsection (2) above shall, in such cases as may be prescribed, be provided in a prescribed form ;

(b)that an employee shall not be required under subsection (2) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work..

21Miscellaneous amendments relating to statutory sick pay

The enactments specified in Schedule 4 shall have effect subject to the amendments there specified.

PART IVMiscellaneous and Supplementary

Miscellaneous

22Housing benefits-subsidy

(1)In section 32 of the Social Security and Housing Benefits Act 1982 (subsidy)—

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

(a)in the case of an authority granting rebates or allowances under the statutory scheme during that year or any part of it, the rebates or allowances so granted, subject to any prescribed deductions;

(b)in the case of an authority granting rebates or allowances under a local scheme during that year or any part of it, the rebates or allowances which, if the local scheme had not been in force, would have been granted by the authority under the statutory scheme during that year or that part of it, subject to any prescribed deductions ; and;

(b)at the end of that subsection there shall be added (but not as part of paragraph (c)) the words " but shall be subject, in so far as it falls to be calculated in accordance with paragraph (a) or (b) above, to deduction of any amount which the Secretary of State considers it unreasonable to meet out of money provided by way of subsidy under subsection (1) above."; and

(c)at the end of subsection (3) there shall be added (but not as part of paragraph (c)) the words " after any deduction has been made by virtue of subsection (2) above or an order under that subsection.".

(2)The amendments made by subsection (1)(b) and (c) above shall be deemed to have come into force on 1st April 1985.

23Vaccine damage payments

In section 1 of the [1979 c. 17.] Vaccine Damage Payments Act 1979—

(a)in subsection (1), for "£10,000" there shall be substituted " the relevant statutory sum";

(b)the following subsection shall be inserted after that subsection—

(1A)In subsection (1) above " statutory sum " means £10,000 or such other sum as is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument with the consent of the Treasury; and the relevant statutory sum for the purposes of that subsection is the statutory sum at the time when a claim for payment is first made.; and

(c)the following subsection shall be inserted after subsection (4)—

(4A)No order shall be made by virtue of subsection (1A) above unless a draft of the order has been laid before Parliament and been approved by a resolution of each House..

24Power to extend Pneumoconiosis etc. (Workers' Compensation) Act 1979

In the [1979 c. 41.] Pneumoconiosis etc. (Workers' Compensation) Act 1979—

(a)in section 1—

(i)at the end of subsection (3) there shall be added the words " and any other disease which is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument."; and

(ii)the following subsection shall be added after subsection (4)—

(5)No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.; and

(b)in section 4(4)—

(i)the words " other than a disease specified in an order under section 1 above," shall be inserted after " applies, " in paragraphs (a) and (b); and

(ii)the following paragraphs shall be added after paragraph (b)—

(c)in the case of a person disabled by a disease specified in an order under section 1 above, means the date on which disablement benefit first became payable to him in respect of the disease or the date of the coming into force of the order, whichever is the later;

(d)in the case of the dependant of a person who, immediately before he died, was disabled by a disease specified in an order under section 1 above, means the date of the deceased's death or the date of the coming into force of the order, whichever is the later..

25Pensions and gratuities for members of certain Boards

(1)The following subsection shall be inserted after subsection (3) of section 12 of the [1963 c. 2.] Betting, Gaming and Lotteries Act 1963 (Horserace Totalisator Board)—

(3A)The Board may pay such pension or gratuity to or in respect of any member of the Board as the Board may, with the approval of the Secretary of State, determine..

(2)The following subsection shall be inserted after subsection (6) of section 24 of that Act (Horserace Betting Levy Board)—

(6A)The Levy Board may pay such pension or gratuity as the Board may, with the approval of the Secretary of State, determine, to or in respect of the chairman and any other members appointed by the Secretary of State..

(3)The following paragraph shall be inserted after paragraph 5 of Schedule 1 to the [1968 c. 65.] Gaming Act 1968 (provisions as to Gaming Board for Great Britain)—

5AThe Secretary of State may pay such pension or gratuity to or in respect of any member of the Board as the Secretary of State may, with the consent of the Treasury, determine..

Supplementary

26Regulations about occupational pensions

(1)Section 61(2) of the [1975 c. 60.] Social Security Pensions Act 1975 (reference of regulations to Occupational Pensions Board) shall not apply to regulations—

(a)made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 2 above ;

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 2 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975 ;

(c)made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 3 above ;

(d)made under any enactment before the expiry of the period of six months beginning with the commencement of section 3 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975;

(e)made under section 35(8) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 4 above;

(f)made under any enactment before the expiry of the period of six months beginning with the commencement of section 4 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 35(8) of the Social Security Pensions Act 1975;

(g)made under section 41B(3) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 6(5) above; or

(h)made under any enactment before the expiry of the period of six months beginning with the commencement of section 6(5) above and contained in a statutory instrument which states that it contains only provisions consequential on that subsection or such provisions and regulations made under section 41B(3) of the [1975 c. 60.] Social Security Pensions Act 1975.

(2)The references in subsection (1) above to the commencement of section 3 above are references, in relation to any regulations, to the commencement of that section so far as it relates to the provision under which the regulations are made.

(3)The references in subsection (1) above to the commencement of section 4 above are references to the commencement of that section so far as it relates to Part II of Schedule 3 to this Act.

27Other regulations

(1)Section 141(2) of the [1975 c. 14.] Social Security Act 1975 (reference of regulations to Industrial Injuries Advisory Council) and section 10(1) of the [1980 c. 30.] Social Security Act 1980 (reference of regulations to Social Security Advisory Committee) shall not apply—

(a)to regulations made under any of sections 45 (2A), 45A(3), 46(4), 47(1A), 49 and 66(3) and (4) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 13 above;

(b)subject to subsection (5) below, to regulations made under section 84(4) of that Act, before the expiry of the period of six months beginning with the passing of this Act; or

(c)to regulations made under section 32 below before the expiry of the period of six months beginning with the commencement of any relevant provision of this Act.

(2)The reference in subsection (1)(a) above to the commencement of section 13 above is a reference, in relation to any regulations, to the commencement of that section so far as it relates to the provision under which the regulations are made.

(3)Section 167(3) of the Social Security Act 1975 (negative procedure for regulations) shall not apply to the first regulations under any of the provisions of that Act mentioned in subsection (1)(a) above.

(4)The Secretary of State shall not make any such regulations unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

(5)Subsection (1)(b) above does not apply to regulations made under section 84(4) of the [1975 c. 14.] Social Security Act 1975 which could have been made if that subsection had not been amended by section 13 above.

(6)The reference in subsection (1)(c) above to a relevant provision of this Act is a reference to a provision of this Act which the statutory instrument containing the regulations states is a provision—

(a)in connection with the coming into force of which the Secretary of State considers it necessary or expedient to make the regulations ; or

(b)which repeals or amends an enactment in connection with the operation of which the Secretary of State considers it necessary or expedient to make the regulations.

(7)Section 141(2) of the Social Security Act 1975 shall not apply to regulations—

(a)made under section 60(1 A) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 14 above ; or

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 14 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 60(1 A) of the Social Security Act 1975.

(8)Section 10(1) of the [1980 c. 30.] Social Security Act 1980 shall not apply to regulations—

(a)made under section 4 (6A) or (6D) or 13 (5A) of the Social Security Act 1975 or section 6(5A) of the [1975 c. 60.] Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 7 above ;

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 7 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 4(6A) or (6D) or 13(5A) of the Social Security Act 1975 or section 6(5A) of the Social Security Pensions Act 1975 ;

(c)made under section 15A of the [1975 c. 14.] Social Security Act 1975 or section 2 (3A) or 3 (4A) of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 18 above ;

(d)made under any enactment before the expiry of the period of six months beginning with the commencement of section 18 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any provision inserted by it in the Social Security Act 1975 or the Social Security and Housing Benefits Act 1982 ;

(e)made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 19 above ;

(f)made under any enactment before the expiry of the period of six months beginning with the commencement of section 19 above and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) of that section or such provisions and regulations made under section 9(1 A) of the Social Security and Housing Benefits Act 1982 ;

(g)made under section 22(8) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act;

(h)made under any enactment before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule 4 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that paragraph or such provisions and regulations made under section 22(8) of the Social Security Act 1975 ;

(j)made under section 165A(1) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 17 above ;

(k)made under any enactment before the expiry of the period of six months beginning with the commencement of section 17 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 165A(1) of the Social Security Act 1975;

(l)made under section 17(2A) of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commence-mention of section 20 above ;

(m)made under any enactment before the expiry of the period of six months beginning with the commencement of section 20 above and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that section or such provisions and regulations made under section 17 (2A) of the Social Security and Housing Benefits Act 1982.

28Financial provision

(1)Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.

(2)All fees paid to the registrar of occupational pension schemes shall be paid into the Consolidated Fund.

29Minor and consequential amendments and repeals

(1)The enactments mentioned in Schedule 5 to this Act shall have effect with the amendments there specified.

(2)The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in the third column of that Schedule.

30Northern Ireland

An Order in Council under paragraph 1(1) (5) of Schedule I to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—

(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.

31Extent

(1)Section 3 above extends to Northern Ireland so far as it relates to sections 56B and 56N of the [1975 c. 60.] Social Security Pensions Act 1975.

(2)Section 29 above extends to Northern Ireland so far as it relates—

(a)to paragraphs 1, 2, 35, 37 and 39 of Schedule 5 to this Act; and

(b)to the repeal in Schedule 6 to this Act of paragraph 6 of Schedule 7 to the [1984 c. 48.] Health and Social Security Act 1984.

(3)Section 30 above, this section, and sections 32 and 33 below extend to Northern Ireland.

(4)Section 23 above extends to Northern Ireland and the Isle of Man.

(5)Except as provided by subsections (1) to (4) above, this Act extends to England and Wales and Scotland only.

32Commencement

(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 appointed in pursuance of this section for different provisions or different purposes of the same provision.

(2)The following provisions of this Act—

  • section 4, so far as it relates to Part I of Schedule 3 ;

  • section 6(5) and (6);

  • section 8;

  • sections 10 and 11;

  • section 13(6) and (7);

  • section 15;

  • section 19;

  • section 22(1)(b) and (c) and (2);

  • sections 23 to 28 ;

  • section 29(1) so far as it relates to paragraphs 22, 34, 36 and 37 of Schedule 5 ;

  • section 29(2), so far as it relates to the repeals in—

    • section 41D of the [1975 c. 60.] Social Security Pensions Act 1975;

    • section 22(7) of the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977;

    • the [1981 c. 33.] Social Security Act 1981; and

    • the Health and Social Security Act 1984;

  • sections 30 and 31;

  • this section; and

  • section 33,

shall come into force on the day this Act is passed.

(3)The following provisions of this Act—

  • section 17;

  • section 29(1), so far as it relates to paragraphs 7, 8 and 14 of Schedule 5;

  • section 29(2), so far as it relates to the repeals in sections 79, 82 and 90 of the [1975 c. 14.] Social Security Act 1975,

shall come into force at the end of the period of 6 weeks beginning with the day on which this Act is passed.

(4)If a person—

(a)was entitled to benefit (as defined in Schedule 20 to the Social Security Act 1975) in respect of a period before the date on which the provisions mentioned in subsection (3) above come into force or was treated as having been so entitled; and

(b)would not have been so entitled or, as the case may be, treated as so entitled, if those provisions had then been in force; and

(c)claims benefit in respect of a period beginning on or after the date on which those provisions come into force,

and the question of his entitlement to the benefit which he claims depends on whether he was previously entitled or treated as entitled to that or some other benefit, the provisions mentioned in subsection (3) above shall be disregarded for the purpose of determining whether he is entitled to the benefit which he claims.

(5)Sections 18 and 20 above shall come into force on 6th April 1986.

(6)The Secretary of State may by regulations made by statutory instrument make such transitional and consequential provision (including provision modifying any enactment contained in this or any other Act) 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.

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

(8)Subsections (2) and (3) of section 166 of the Social Security Act 1975 (which among other things make provision about the extent of powers to make regulations) shall apply to the power to make regulations conferred by this section as they apply to any power to make regulations conferred by that Act.

33Citation

(1)This Act may be cited as the Social Security Act 1985.

(2)This Act may be cited together with—

(a)the Social Security Acts 1975 to 1984 ; and

(b)section 25 of the [1983 c. 41.] Health and Social Services and Social Security Adjudications Act 1983 and Schedule 8 to that Act,

as the Social Security Acts 1975 to 1985.