Royal arms

Social Security Act 1986

1986 CHAPTER 50

An Act to make provision in relation to personal pension schemes, to amend the law relating to social security, occupational pension schemes and the provision of refreshments for school pupils, to abolish maternity pay under the Employment Protection (Consolidation) Act 1978 and provide for the winding-up of the Maternity Pay Fund, to empower the Secretary of State to pay the travelling expenses of certain persons, and for connected purposes.

[25th July 1986]

X1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part I Pensions

Personal pension schemes

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational pension schemes

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 Guaranteed minimum pensions.

F9(1)

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

F9(2)

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

F9(3)

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

F9(4)

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F9(5)

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

F9(6)

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

F9(7)

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

(8)

In section 59 of that Act (increase of official pensions) the following subsection shall be inserted after subsection (5)—

“(5A)
Nothing in section 37A(13), (14) or (15) above authorises any deduction from an increase in the rate of an official pension under this section.”.

(9)

In section 59A of that Act (modification of effect of section 59(5)) the following subsection shall be inserted after subsection (2)—

“(2A)
Where in any tax year—
(a)
an increase is calculated in accordance with a direction under this section; and
(b)
the amount by reference to which the increase is calculated, or any part of it, is increased in that tax year under section 37A above,
the increase calculated in accordance with the direction shall be reduced by the amount of the increase under section 37A above.”.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions applying to personal and occupational pension schemes

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1313. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1515. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1616. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1717. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1817A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

State earnings-related pension scheme

18, 19.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Part II Income-Related Benefits

General

20—22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Income support

23—27.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Housing benefit

28, 29.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

30 Housing benefit finance.

(1)—(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(10)

If an order made by the Secretary of State so provides—

(a)

the . . . F24 contribution under subsection (6) above made by a local authority for any year; and

(b)

the rent allowances granted by a local authority during any year,

or such proportion of them as may be calculated in the manner specified by the order, shall not F25be treated for the purposes of Part VI of the Local Government, Planning and Land act 1980 (rate support grant) as relevant expenditure of the authority in relation to the year.

(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26

Part III The Social Fund

32—35.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Part IV Benefits Under Social Security Act 1975

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

37 Invalid care allowance for women.

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29

(2)

The M1Social Security Benefit (Dependency) Regulations 1977 shall have effect, and shall be treated as having had effect from 22nd December 1984, as if the following sub-paragraphs were substituted for sub-paragraphs (a) and (b) of paragraph 7 of Schedule 2 (increases of invalid care allowance)—

“(a)
a spouse who is not engaged in any one or more employments from which the spouse’s weekly earnings exceed that amount; or
(b)
some person (not being a child) who—
(i)
has the care of a child or children in respect of whom the beneficiary is entitled to child benefit, being a child or children in respect of whom the beneficiary is entitled to an increase of an invalid care allowance or would be so entitled but for the provisions of any regulations for the time being in force under the Act relating to overlapping benefits;
(ii)
is not undergoing imprisonment or detention in legal custody;
(iii)
is not engaged in any one or more employments (other than employment by the beneficiary in caring for a child or children in respect of whom the beneficiary is entitled to child benefit) from which the person’s weekly earnings exceed that amount;
(iv)
is not absent from Great Britain, except for any period during which the person is residing with the beneficiary outside Great Britain and for which the beneficiary is entitled to an invalid care allowance.”.

38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

39 Industrial injuries and diseases.

Schedule 3 to this Act shall have effect in relation to Chapters IV and V of Part II of the Social Security Act 1975 and associated enactments.

40—45.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

Part V Maternity Pay Etc.

46—50.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Part VICommon Provisions

Administration

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

F3451A Community charge benefits:administration.

(1)

Regulations may provide as follows as regards any community charge benefit—

(a)

for requiring a claim for a benefit to be made by such person, in such manner and within such time as may be prescribed;

(b)

for treating a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c)

for permitting a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d)

for permitting an award on a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable, or any right to a reduction or a consequential reduction becomes available, under the award;

(e)

for a review of any award if those requirements are found not to have been satisfied;

(f)

for the disallowance on any ground of a person’s claim for a benefit to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g)

for enabling one person to act for another in relation to a claim for a benefit and for enabling such a claim to be made and proceeded with in the name of a person who has died;

(h)

for requiring any information or evidence needed for the determination of a claim or of any question arising in connection with a claim to be furnished by such person as may be prescribed in accordance with the regulations;

(i)

for the time when and manner in which any benefit (or part) which takes the form of a payment is to be paid, and for the information and evidence to be furnished in connection with the payment;

(j)

for the time when the right to make a reduction or consequential reduction may be exercised;

(k)

for notice to be given of any change of circumstances affecting the continuance of entitlement to a benefit;

F35(kk)

for the day on which entitlement to a benefit is to begin or end;

(l)

for calculating the amount of a benefit according to a prescribed scale or otherwise adjusting it so as to avoid fractional amounts or facilitate computation;

(m)

for suspending (in whole or in part) any payment or right to make a reduction or consequential reduction, where it appears to the authority which allowed a benefit that a question arises whether the conditions for entitlement to the benefit are or were fulfilled or whether the award ought to be revised or whether an appeal ought to be brought against the award;

(n)

for withholding in prescribed circumstances any payment or right to make a reduction or consequential reduction, and for subsequently making in prescribed circumstances any withheld payment or restoring in prescribed circumstances any right to make a reduction or consequential reduction;

(o)

in the case of any benefit (or part) which takes the form of a payment, for payment or distribution to or among persons claiming to be entitled on the death of any person, and for dispensing with strict proof of their title;

F36(oo)

in the case of benefit (or part) which takes the form of a payment, for the circumstances and manner in which payment may be made to one person on behalf or another for any purpose, which may be to discharge, in whole or in part, an obligation of the person entitled to the benefit or any other person;

(p)

for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where no claim has been made and it is impracticable for one to be made immediately;

(q)

for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where a claim has been made but it is impracticable for the claim or an appeal, reference, review or application relating to it to be determined immediately;

(r)

for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where an award has been made but it is impracticable to institute the benefit immediately;

(s)

generally as to administration.

(2)

Regulations under this section may include provision that prescribed provisions shall apply instead of prescribed provisions of the 1987 Act or the 1988 Act, or that prescribed provisions of the 1987 Act or the 1988 Act shall not apply or shall apply subject to prescribed amendments or adaptations.

(3)

References in subsection (2) above to the 1987 Act or the 1988 Act include references to regulations made under the Act concerned.

F3751B Administration of benefits: general.

(1)

Regulations may provide for a claim for one relevant benefit to be treated, either in the alternative or in addition, as a claim for any other relevant benefit that may be prescribed.

(2)

Regulations may provide for treating a payment made or right conferred by virtue of regulations under section 51(1)(t) above, or of regulations under section 51A(I)(p) to (r) above, as made or conferred on account of any relevant benefit that is subsequently awarded or paid.

(3)

For the purposes of subsections (1) and (2) above relevant benefits are—

(a)

any benefit to which section 51 above applies, and

(b)

any community charge benefit.

51C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

52 Adjudication.

F39(1)

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F39(2)

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(3)—(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41

54 Breach of regulations.

(1)

Regulations under any of the benefit Acts may provide for contravention of, or failure to comply with, any provision contained in regulations made under that Act to be an offence under that Act and for the recovery, on summary conviction of any such offence, of penalties not exceeding—

(a)

for any one offence, level 3 on the standard scale; or

(b)

for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42

55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43

56 Legal proceedings.

(1)

Any person authorised by the Secretary of State in that behalf may conduct any proceedings under the benefit Acts before a magistrates’ court although not a barrister or solicitor.

(2)

Notwithstanding anything in any Act—

(a)

proceedings for an offence under the benefit Acts . . . F44may be begun at any time within the period of three months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge or within a period of twelve months from the commission of the offence, whichever period last expires; . . . F44

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(3)

For the purposes of subsection (2) above—

(a)

a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge shall be conclusive evidence of that date; . . . F44

(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(4)—(4B)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F44

(5)

In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) to F45(4A) above—

(a)

proceedings for an offence under the benefit Acts may, notwithstanding anything in F46section 136 of the Criminal Procedure (Scotland) Act 1995, be commenced at any time within the period of three months from the date on which evidence sufficient in the opinion of the Lord Advocate to justify proceedings comes to his knowledge, or within the period of twelve months from the commission of the offence, whichever period last expires;

(b)

for the purposes of this subsection—

(i)

a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as is mentioned above came to his knowledge shall be conclusive evidence thereof;

(ii)

subsection (3) of F47section 136 of the said Act of 1995 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.

57 Offences by bodies corporate.

(1)

Where an offence under any of the benefit Acts which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)

Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48

F4959. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5060. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subordinate legislation

F5161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52

Part VII Miscellaneous, General and Supplementary

Miscellaneous

66—69.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F54

70 Child benefit in respect of children educated otherwise than at educational establishments.

(1)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55

(2)

Regulations purporting to be made under section 24(1) of that Act and made before the passing of this Act shall be treated as validly made.

71, 72.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

73, 74.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57

F5875. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

76 Amendments relating to forfeiture of benefits.

(1)

The M2Forfeiture Act 1982 shall be amended as follows.

(2)

The following subsections shall be inserted after subsection (1) of section 4 (Social Security Commissioner to determine whether forfeiture rule applies to social security benefits)—

“(1A)
Where a Commissioner determines that the forfeiture rule has precluded a person (in this section referred to as “the offender”) who has unlawfully killed another from receiving the whole or part of any such benefit or advantage, the Commissioner may make a decision under this subsection modifying the effect of that rule and may do so whether the unlawful killing occurred before or after the coming into force of this subsection.
(1B)
The Commissioner shall not make a decision under subsection (1A) above modifying the effect of the forfeiture rule in any case unless he is satisfied that, having regard to the conduct of the offender and of the deceased and to such other circumstances as appear to the Commissioner to be material, the justice of the case requires the effect of the rule to be so modified in that case.
(1C)
Subject to subsection (1D) below, a decision under subsection (1A) above may modify the effect of the forfeiture rule in either or both of the following ways—
(a)
so that it applies only in respect of a specified proportion of the benefit or advantage;
(b)
so that it applies in respect of the benefit or advantage only for a specified period of time.
(1D)
Such a decision may not modify the effect of the forfeiture rule so as to allow any person to receive the whole or any part of a benefit or advantage in respect of any period before the commencement of this subsection.
(1E)
If the Commissioner thinks it expedient to do so, he may direct that his decision shall apply to any future claim for a benefit or advantage under a relevant enactment, on which a question such as is mentioned in subsection (1) above arises by reason of the same unlawful killing.
(1F)
It is immaterial for the purposes of subsection (1E) above whether the claim is in respect of the same or a different benefit or advantage.
(1G)
For the purpose of obtaining a decision whether the forfeiture rule should be modified the Secretary of State may refer to a Commissioner for review any determination of a question such as is mentioned in subsection (1) above that was made before the commencement of subsections (1A) to (1F) above (whether by a Commissioner or not) and shall do so if the offender requests him to refer such a determination.
(1H)
Subsections (1A) to (1F) above shall have effect on a reference under subsection (1G) above as if in subsection (1A) the words “it has been determined” were substituted for the words “a Commissioner determines”.”.

(3)

In subsection (2) of that section, after the words “that subsection” there shall be inserted the words “or any decision under subsection (1A) above”.

(4)

In section 5 (exclusion of murderers) after the word “Act”, in the second place where it occurs, there shall be inserted the words “or in any decision made under section 4(1A) of this Act”.

F5977Refreshments for school pupils.

(1)

The words “and may do so either on the premises or at any place other than the school premises where education is being provided” shall be inserted—

(a)

after “refreshment” in subsection (1)(a) of section 22 of the M3Education Act 1980; and

(b)

after “management” in subsection (1)(a) of section 53 of the M4Education (Scotland) Act 1980.

(2)

The following subsections shall be substituted for subsections (2) and (3) of each of those sections—

“(2)
Subject to subsection (3) below, an authority must charge for anything provided by them under subsection (1)(a) above and must charge every pupil the same price for the same quantity of the same item.
(3)
In relation to a pupil whose parents are in receipt of income support or who is himself in receipt of it an authority shall so exercise the power conferred by subsection (1)(a) above as to ensure that such provision is made for him in the middle of the day as appears to the authority to be requisite and shall make that provision for him free of charge.”.

F6078. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

F6179. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6280. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Northern Ireland

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63

82 Amendments of enactments relating to social security in Northern Ireland.

The enactments relating to social security in Northern Ireland specified in Schedule 9 to this Act shall have effect subject to the amendments there specified.

Supplementary

83 Orders and regulations (general provisions).

(1)

F64Section 61B(1) to (4) of the Social Security Pensions Act 1975 (extent of powers) shall apply to powers conferred by this Act to make regulations or orders as they apply to any power to make regulations or orders conferred by that Act but as if for references to that Act there were substituted references to this Act.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F65

F66(3)

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

F67(4)

A statutory instrument—

(a)

which contains (whether alone or with other provisions) orders or regulations under this Act, other than orders under section 88 below, and

(b)

which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliment.

(5)

An order under section . . . F65 85 below shall not be made without the consent of the Treasury.

(6)

A power conferred by this Act to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

84 General interpretation.

(1)

In this Act, unless the context otherwise requires,—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
“the benefit Acts” means—

(a)

the M5Social Security Act 1973;

(b)

F70the Social Security Acts 1975 to 1991;

(c)

the M6Industrial Injuries and Diseases (Old Cases) Act 1975;

(d)

the M7Child Benefit Act 1975;

F69. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
F69. . .
F69. . .—

(a)

. . .

(b)

. . .—

(i)

. . .

(ii)

. . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
“Housing Revenue Account rebate”, in relation to a local authority in England and Wales, means a rent rebate for a tenant of a Housing Revenue Account dwelling of that authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
“modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly;
F69. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
F69. . .
“prescribed” means specified in or determined in accordance with regulations;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
F69. . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
“regulations” means regulations made by the Secretary of State under this Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71;
F69. . .
F69. . .]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68;

F72(2)

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

(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

(4)

In this Act—

(a)

references to the United Kingdom include references to the territorial waters of the United Kingdom; and

(b)

references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.

85 Financial provision.

(1)

There shall be paid out of money provided by Parliament—

(a)—(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(d)

any sums falling to be paid by the Secretary of State under or by virtue of this Act by way of travelling expenses;

(e)

any other expenses of the Secretary of State attributable to this Act;

(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(g)

any increase attributable to this Act in the sums payable out of money provided by Parliament under any other Act.

(2)

Any increase attributable to this Act in the sums to be charged on and paid out of the Consolidated Fund under any other Act shall be charged on and paid out of that Fund.

F74(3)

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

(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(5)

Subject to subsections (6) . . . F73below, so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State under or by virtue of this Act shall be paid into the Consolidated Fund.

(6)

So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

F75(8)

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

F75(8A)

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

(9)—(12)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

(13)

In this section “Act” includes an Act of the Parliament of Northern Ireland.

86 Minor and consequential amendments and repeals.

(1)

The enactments mentioned in Schedule 10 to this Act shall have effect with the amendments there specified.

(2)

The enactments mentioned in Schedule 11 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

87 Extent.

(1)

The following provisions of this Act extend to Northern Ireland—

F76(a)

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

(b)

section 61 above;

(c)

section 66 above, so far as relating to paragraph 3(6) of Schedule 6;

(d)

section 81 above;

(e)

sections 83 to 86 above;

(f)

this section;

(g)

sections 88 to 90 below.

(2)

Section 82 above (with Schedule 9) extends to Northern Ireland only.

(3)

Sections 25 and 30(6) and (10) above do not extend to Scotland.

(4)

Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

(5)

Except as provided by this section, this Act extends to England and Wales and Scotland, but not to Northern Ireland.

88 Commencement.

(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)

In relation to section 52 above (including Schedule 5) and section 82 above (including Schedule 9) for the reference to the Secretary of State in subsection (1) above there shall be substituted a reference to the Lord Chancellor and the Secretary of State, acting jointly.

(3)

Without prejudice to the generality of subsection (1) above, different days may be appointed under that subsection for the purposes of Part III of this Act in relation to different descriptions of persons, and those descriptions of persons may be determined by any criteria that appear to the Secretary of State to be appropriate.

(4)

If an order under subsection (1) above brings paragraph 8 of Schedule 3 to this Act into force on the same day as section 36 above, the former shall be deemed to have come into force immediately before the latter.

(5)

The following provisions of this Act—

section 30(4), (8), (9) and (10);
section 37;
section 38(4);
section 45;
section 61;
sections 63 and 64;
section 70;
section 71(4) and (5);
section 72;
section 74;
section 76;
section 81;
section 83 to 85;
section 86(1) so far as relating to paragraphs 2, 22, 23(3), 26(1) and (2), 27, 30(b), (c) and (d)(ii), 82, 86, 94(a), 98, 99, 106 and 107 of Schedule 10;
section 86(2) so far as relating—

(a)

to section 37(3) of the M8Social Security Act 1975 and the reference to paragraph (b) of that subsection in section 22(2) of the M9Social Security (Miscellaneous Provisions) Act 1977;

(b)

to section 141(2) of the Social Security Act 1975;

(c)

to section 52D(2) and (3) of the M10Social Security Pensions Act 1975 and paragraph 12 of Schedule 1A to that Act;

(d)

to section 10 of the M11Social Security Act 1980; and

(e)

to section 29 of the M12Social Security and Housing Benefits Act 1982;

section 87;
this section; and
sections 89 and 90;

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

89 Transitional.

(1)

Regulations may make such transitional and consequential provision (including provision modifying any enactment contained in this or any other Act) or saving as the Secretary of State considers necessary or expedient in preparation for or 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.

F77(1A)

Without prejudice to any other powers conferred on him, the Secretary of State—

(a)

may, for the purpose of making provision with respect to persons falling within subsection (IB) below, modify or revoke any regulations made under this section if he considers it necessary or expedient to do so in consequence of, or otherwise in connection with, provisions of Acts, schemes, arrangements or other instruments coming into force after the passing of this Act; and

(b)

may, for the purpose of consolidation, revoke and re-enact, with any modifications which he considers necessary or desirable, any regulations under this section.

(1B)

The persons referred to in subsection (IA)(a) above are any persons—

(a)

to whom regulations under subsection (1) above apply; or

(b)

to whom regulations made under Part 11 of this Act relating to income support applied at any time before the passing of the Social Security Act 1989.

(2)

The reference to regulations in subsection (1) above includes a reference—

(a)

to regulations made by the Lord Chancellor; and

(b)

to regulations made by the Lord Chancellor and the Secretary of State, acting jointly.

90 Citation.

(1)

This Act may be cited as the Social Security Act 1986.

(2)

This Act, except section 77 above, may be cited together with the Social Security Acts 1975 to 1985 as the Social Security Acts 1975 to 1986.

SCHEDULES

F78SCHEDULE 1

Interpretation

1

In this Schedule—

“member” means a member of a scheme;

“rules” means the rules of a scheme; and

“scheme” means a personal pension scheme.

Requirements: general

2

The Secretary of State may prescribe descriptions of persons by whom or bodies by which a scheme may be established and, if he does so, a scheme may only be established by a person or body of a prescribed description.

3

A scheme must comply with such requirements as may be prescribed as regards the investment of its resources and with any direction of the Occupational Pensions Board that—

(a)

no part, or no more than a specified proportion, of the scheme’s resources shall be invested in investments of a specified class or description;

(b)

there shall be realised, before the end of a specified period, the whole or a specified proportion of investments of a specified class or description forming part of the scheme’s resources when the direction is given.

4

A scheme must comply with such requirements as may be prescribed as regards the part—

(a)

of any payment or payments that are made to the scheme by or on behalf of a member;

(b)

of any income or capital gain arising from the investment of payments such as are mentioned in sub-paragraph (a) above; or

(c)

of the value of rights under the scheme,

that may be used—

(i)

to defray the administrative expenses of the scheme;

(ii)

to pay commission; or

(iii)

in any other way which does not result in the provision of benefits for or in respect of members.

5 (1)

Subject to sub-paragraph (2) below, all minimum contributions which are paid to a scheme in respect of one of its members must be applied so as to provide money purchase benefits for or in respect of that member, except so far as they are used—

(a)

to defray the administrative expenses of the scheme; or

(b)

to pay commission.

(2)

If regulations are made under paragraph 4 above, minimum contributions may be used in any way which the regulations permit, but not in any way not so permitted except to provide money purchase benefits for or in respect of the member.

6

A scheme must satisfy such other requirements as may be prescribed.

Requirements: protected rights

7 (1)

Unless the rules make provision such as is mentioned in sub-paragraph (2) below, the protected rights of a member are his rights to money purchase benefits under the scheme.

(2)

Rules may provide that a member’s protected rights are his rights under the scheme which derive from any payment of minimum contributions to the scheme, together with any rights of his to money purchase benefits which derive from protected rights under another personal pension scheme or protected rights (within the meaning of the M13Social Security Pensions Act 1975) under an occupational pension scheme which have been the subject of a transfer payment and such other rights as may be prescribed.

(3)

Where rules make such provision as is mentioned in sub-paragraph (2) above, they shall also make provision for the identification of the protected rights.

(4)

The value of protected rights . . . F79;

(a)

shall F79in the case of any such protected rights as are mentioned in sub-paragraph (2) above be calculated in a manner no less favourable than that in which the value of any other rights of the member to money purchase benefits under the scheme are calculated;

(b)

subject to that, shall be calculated and verified in such manner as may be prescribed.

(5)

The power to make regulations conferred by sub-paragraph (4) above includes power to provide that protected rights . . . F79are to be calculated and verified in such manner as may be approved in particular cases—

(a)

by prescribed persons; or

(b)

by persons with prescribed professional qualifications or experience; or

(c)

by persons approved by the Secretary of State,

and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.

F808

The rules shall provide for effect to be given to the protected rights of a member—

(a)

in any case where sub-paragraph (2) of paragraph 9 below so requires, by the purchase of such an annuity as is mentiioned in that sub-paragraph, and

(b)

in any other case, in such of the ways permitted by that paragraph as the rules specify,

and they shall not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with that paragraph.

F81X2(4)

The value of protected rights such as are mentioned in sub-paragraph (2) above—

(a)

shall be calculated in a manner no less favourable than that in which the value of any other rights of the member to money purchase benefits under the scheme are calculated;

(b)

subject to that, shall be calculated and verified in such manner as may be prescribed.

(5)

The power to make regulations conferred by sub-paragraph (4) above included power to provide that protected rights such as are mentioned in sub-paragraph (2) above are to be calculated and verified in such manner as may be approved in particular cases—

(a)

by prescribed persons; or

(b)

by persons with prescribed professional qualifications or experience; or

(c)

by persons approved by the Secretary of State,

and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.

F808

Rules must provide for effect to be given in a manner permitted by paragraph 9 below to the protected rights of every member and must not provide for any part of any member’s protected rights to be discharged in any other way.

9 (1)

Effect may be given to protected rights—

(a)

by the provision by the scheme of a pension which—

(i)

complies with the requirements of sub-paragraph (7) below; and

(ii)

satisfies such conditions as may be prescribed; or

(b)

in such circumstances and subject to such conditions as may be prescribed, by the making of a transfer payment—

(i)

to another personal pension scheme; or

(ii)

to an occupational pension scheme,

where the scheme to which the payment is made satisfies such requirements as may be prescribed.

(2)

F82Subject to sub-paragraphs (4) and (6) below if—

(a)

the rules of the scheme do not provide for a pension; or

(b)

the member so elects,

F82then, except to the extent that effect is given to protected rights in accordance with sub-paragraph (3) below, effect shall be given to those rights by the purchase by the scheme of an annuity which—

(i)

complies with the requirements of sub-paragraphs (7) and (8) below; and

(ii)

satisfies such conditions as may be prescribed.

F83X3(2)

If—

(a)

the rules of the scheme do not provide for a pension;or

(b)

the member so elects,

effect may be given to protected rights by the purchase by the scheme of an annuity which—

(i)

complies with the requirementrs of sub=paragraph (7) and (8) below; and

(ii)

satisfies such conditions as may be prescribed.

(3)

Effect may be given to protected rights by the provision of a lump sum if—

(a)

the lump sum is payable on a date which is either the date on which the member attains pensionable age or such later date as has been agreed by him; and

(b)

the annual rate of a pension under sub-paragraph (1) above or an annuity under sub-paragraph (2) above giving effect to the protected rights and commencing on the date on which the lump sum is payable would not exceed the prescribed amount; and

(c)

the circumstances are such as may be prescribed; and

(d)

the amount of the lump sum is calculated in a manner satisfactory to the Occupational Pensions Board by reference to the amount of the pension or annuity.

(4)

If the member has died without effect being given to protected rights under sub-paragraph (1), (2) or (3) above, effect may be given to them in such manner as may be prescribed.

(5)

No transaction is to be taken to give effect to protected rights unless it falls within this paragraph.

(6)

Effect need not be given to protected rights if they have been extinguished by the payment of a personal pension protected rights premium.

(7)

A pension or annuity complies with this sub-paragraph if—

(a)

it commences—

(i)

on the date on which the member attains pensionable age; or

(ii)

on such later date as has been agreed by him,

and continues until the date of his death;

(b)

in a case where the member dies while it is payable to him and is survived by a widow or widower—

(i)

it is payable to the widow or widower in prescribed circumstances and for the prescribed period at an annual rate which at any given time is one-half of the rate at which it would have been payable to the member if the member had been living at that time; or

(ii)

where that annual rate would not exceed a prescribed amount and the circumstances are such as may be prescribed, a lump sum calculated in a manner satisfactory to the Occupational Pensions Board is provided in lieu of it.

F84(7A)

As respects the period of 5 years beginning with the commencement of the pension or annuity referred to in sub-paragraph (7) above, that sub-paragraph shall have effect in relation to that pension or annuity as if the words “at least” were inserted immediately before the words “one-half” in paragraph (b)(i).

(8)

An annuity complies with the requirements of this sub-paragraph if it is provided by an insurance company which—

(a)

satisfies prescribed conditions;

(b)

complies with such conditions as may be prescribed as to the calculation of annuities provided by it and as to the description of persons by or for whom they may be purchased; and

(c)

subject to sub-paragraph (9) below, has been chosen by the member.

(9)

A member is only to be taken to have chosen an insurance company if he gives notice of his choice to the trustees or managers of the scheme within the prescribed period and in such manner and form as may be prescribed, and with any such supporting evidence as may be prescribed; and, if he does not do so, the trustees or managers may themselves choose the insurance company instead.

10

The Occupational Pensions Board must be satisfied that a scheme complies with any such requirements as may be prescribed for meeting the whole or a prescribed part of any liability in respect of protected rights under the scheme which the scheme is unable to meet from its own resources—

(a)

by reason of the commission by any person of a criminal offence;

(b)

in such other circumstances as may be prescribed.

11

Rules must not allow, except in such circumstances as may be prescribed, the suspension or forfeiture of a member’s protected rights or of payments giving effect to them.

General

12

Nothing in this Schedule shall be taken to prejudice any requirements with which a scheme must comply if it is to qualify for tax-exemption or tax-approval.

F85SCHEDULE 2

1

The M14Social Security Pensions Act 1975 shall be amended as follows.

2

In subsection (1) of section 26 (contracting-out of full contributions and benefits) after the word “provides” there shall be inserted the words “or falls to be treated as providing”.

3

In section 29 (contracted-out rates of benefit) the following subsections shall be inserted after subsection (2)—

“(2A)
Subject to subsection (2B) below, where for any period minimum payments have been made in respect of an earner to an occupational pension scheme which, in relation to the earner’s employment, is a money purchase contracted-out scheme, then, for the purposes of this section and sections 16(2B), 28(7A) and 59(1A) of the principal Act—
(a)
the earner shall be treated, as from the date on which he reaches pensionable age, as if he were entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period in that employment; and
(b)
in prescribed circumstances, in relation to any widow or widower of the earner—
(i)
if the earner died after reaching pensionable age, any widow or widower of the earner shall be treated as entitled to a guaranteed minimum pension at a rate equal to one-half of the rate prescribed under paragraph (a) above; and
(ii)
if the earner died before reaching pensionable age, any widow or widower of the earner shall be treated as entitled to a guaranteed minimum pension at a prescribed weekly rate arising from that period.
(2B)
Where the earner is a married woman or widow, subsection (2A) above shall not have effect in relation to any period during which an election that her liability in respect of primary Class 1 contributions shall be a liability to contribute at a reduced rate is operative.
(2C)
The power to prescribe a rate conferred by subsection (2A)(a) above includes power to prescribe a nil rate.”.

4

In section 30 (contracted-out employment)—

(a)

in subsection (1)(a), after the word “scheme” there shall be inserted the words “or his employer makes minimum payments in respect of the earner’s employment to a money purchase contracted-out scheme”;

(b)

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

“(1A)
The minimum payment in respect of an earner for any tax week shall be the rebate percentage of so much of the earnings paid to or for the benefit of the earner as exceeds the lower earnings limit for the tax week but does not exceed the upper earnings limit for it; and in this subsection “rebate percentage” means the percentage arrived at by adding—
(a)
the percentage by which for the time being under section 27(2) above the contracted-out percentage of primary Class 1 contributions is less than the normal percentage; and
(b)
the percentage by which for the time being under that subsection the contracted-out percentage of secondary Class 1 contributions is less than the normal percentage.
(1B)
The references to the upper and lower earnings limits in subsection (1A) above are references, in the case of an earner who is paid otherwise than weekly, to their prescribed equivalents under section 4(2) and (6) of the principal Act.
(1C)
Regulations may make provision—
(a)
for the manner in which, and time at which or period within which, minimum payments are to be made;
(b)
for the recovery by employers of amounts in respect of the whole or part of minimum payments by deduction from earnings;
(c)
for calculating the amounts payable according to a scale prepared from time to time by the Secretary of State or otherwise adjusting them so as to avoid fractional amounts or otherwise facilitate computation;
(d)
for requiring that the liability in respect of a payment made in a tax week, in so far as the liability depends on any conditions as to a person’s age on retirement, shall be determined as at the beginning of the week or as at the end of it;
(e)
for securing that liability is not avoided or reduced by a person following in the payment of earnings any practice which is abnormal for the employment in respect of which the earnings are paid;
(f)
without prejudice to sub-paragraph (e) above, for enabling the Secretary of State, where he is satisfied as to the existence of any practice in respect of the payment of earnings whereby the incidence of minimum payments is avoided or reduced by means of irregular or unequal payments of earnings, to give directions for securing that minimum payments are payable as if that practice were not followed;
(g)
for the intervals at which, for the purposes of minimum payments, payments of earnings are to be treated as made; and
(h)
for this section to have effect, in prescribed cases, as if for any reference to a tax week there were substituted a reference to a prescribed period.”.

5

In section 32 (contracted-out schemes)—

(a)

in subsection (2), the words “or it satisfies subsection (2A) below.” shall be inserted after paragraph (b) (but not as part of it);

(b)

the following subsections shall be inserted after that subsection—

“(2A)
An occupational pension scheme satisfies this subsection only if—
(a)
the requirements imposed by or by virtue of Schedule 1 to the Social Security Act 1986, modified under subsection (2B) below, are satisfied in its case;
(b)
it complies with section 40(1) below; and
(c)
the rules of the scheme applying to protected rights are framed so as to comply with the requirements of any regulations prescribing the form and content of rules of contracted-out schemes and with such other requirements as to form and content (not inconsistent with regulations) as may be imposed by the Occupational Pensions Board as a condition of contracting-out, either generally or in relation to a particular scheme.
(2B)
The modifications of Schedule 1 are—
(a)
that for the references to a personal pension scheme there shall be substituted references to an occupational pension scheme;
(b)
that for the references in paragraph 5 to minimum contributions there shall be substituted references to minimum payments and any payments by the Secretary of State under section 7 of the Social Security Act 1986;
(c)
that for paragraph 7(2) there shall be substituted—
(2)
The rules of the scheme may provide that a member’s protected rights are his rights under the scheme which derive from the payment of minimum payments (within the meaning of the Social Security Pensions Act 1975) together with any payments by the Secretary of State to the scheme under section 7 of this Act in respect of the member and any rights of the member to money purchase benefits which derive from protected rights (within the meaning of the Social Security Pensions Act 1975) under another occupational pension scheme or protected rights under a personal pension scheme which have been the subject of a transfer payment and such other rights as may be prescribed.;
(d)
that in paragraph 9—
(i)
for the reference to an occupational pension scheme there shall be substituted a reference to a personal pension scheme; and
(ii)
for the reference to a personal pension protected rights premium there shall be substituted a reference to a contracted-out protected rights premium; and
(e)
that paragraph 10 shall not apply to public service pension schemes.
(2C)
A contracting-out certificate shall state whether the scheme is contracted-out by virtue of subsection (2) or subsection (2A) above; and where a scheme satisfies both of those subsections the employers, in their application for a certificate, shall specify one of the subsections as the subsection by virtue of which they desire the scheme to be contracted-out.
(2D)
A scheme which has been contracted-out by virtue of one of those subsections may not become contracted-out by reason of the other, except in prescribed circumstances.”.

6 (1)

The words “which is not a money purchase contracted-out scheme” shall be inserted after the words “occupational pension scheme” in—

(a)

section 33(1);

(b)

section 36(1);

(c)

section 40(3) and (4);

(d)

section 41A(1);

(e)

section 42(1);

(f)

section 44(1);

(g)

section 44A(1);

(h)

section 45(1);

(j)

section 51;

(k)

paragraph 4(1) and (2) of Schedule 2.

(2)

If section 9 above comes into force after this paragraph, the amendment to section 36(1) made by sub-paragraph (1) above shall be made in the subsection both as amended by section 9 above and as unamended.

(3)

The words “or a money purchase contracted-out scheme” shall be inserted after the words “public service pension scheme” in—

(a)

section 40(2);

(b)

section 41(1);

(c)

section 41E(1).

7

The following section shall be inserted after section 44—

“44ZA Money purchase schemes: contracted-out protected rights premium.
(1)
In the case of a scheme which is or has been a money purchase contracted-out scheme the Occupational Pensions Board may, for the event of, or in connection with, its ceasing to be contracted-out, approve any arrangements made or to be made in relation to the scheme, or for its purposes, for the preservation or transfer of protected rights under the scheme.
(2)
If the scheme ceases to be a contracted-out scheme (whether by being wound up or otherwise) and the Occupational Pensions Board either—
(a)
have withdrawn their approval of previously approved arrangements relating to it; or
(b)
have declined to approve arrangements relating to it,
the Board may issue a certificate to that effect.
(3)
A certificate issued under subsection (2)(a) or (b) above shall be cancelled by the Board if they subsequently approve the arrangements.
(4)
If the scheme ceases to be a contracted-out scheme (whether by being wound up or otherwise), a state scheme premium shall be payable, except in prescribed circumstances,—
(a)
in respect of each earner whose protected rights under the scheme are not subject to approved arrangements and have not been disposed of so as to discharge the trustees or managers of the scheme under section 52C of or paragraph 16 of Schedule 1A to this Act; and
(b)
in respect of each person who has become entitled to receive a pension under the scheme giving effect to protected rights which are not subject to approved arrangements.
(5)
A premium under subsection (4) above may be referred to as a “contracted-out protected rights premium”.
(6)
A contracted-out protected rights premium shall be paid by the prescribed person, within the prescribed period, to the Secretary of State.
(7)
The amount of a contracted-out protected rights premium payable in respect of any person shall be the cash equivalent of the protected rights in question, calculated and verified in the prescribed manner.
(8)
Where a contracted-out protected rights premium is paid in respect of a person—
(a)
the rights whose cash equivalent is included in the premium shall be extinguished; and
(b)
section 29(2) and (2A) above and section 4 of the Social Security Act 1986 shall have effect in relation to that person and a widow or widower of that person as if any guaranteed minimum pension to which that person or any such widow or widower is treated as entitled under those provisions and which derives from the minimum payments, minimum contributions (within the meaning of the Social Security Act 1986) or transfer payment or payments from which those rights derive were reduced by the appropriate percentage.
(9)
In subsection (8) above “the appropriate percentage” means, subject to the following provisions of this section,
$\frac{X}{Y} \times 100,$
where—
(a) X = the amount of the premium together with, if the person in respect of whom it falls to be paid gives notice to the prescribed person within the prescribed period—
(i) the cash equivalent, calculated and verified in the prescribed manner, and paid to the Secretary of State within the prescribed period, of any other rights which he has under the scheme and specifies in the notice; and
(ii) the amount of any voluntary contribution paid to the Secretary of State within the prescribed period by, or in respect of, the person concerned; and
(b) Y = the cost of providing any guaranteed minimum pension such as is mentioned in subsection (8) above.
(10)
If the appropriate percentage, as calculated under subsection (9) above would fall between two whole numbers, it is to be taken to be the lower number.
(11)
If it would be over 1000, it is to be taken to be 100.
(12)
The remainder after the reduction for which subsection (8) above provides—
(a)
if it would contain a fraction of 1p, is to be treated as the nearest lower whole number of pence; and
(b)
if it would be less than a prescribed amount, is to be treated as nil.
(13)
The power to make regulations conferred by subsections (7) and (9) above includes power to provide that cash equivalents are to be calculated and verified in such manner as may be approved in particular cases—
(a)
by prescribed persons;
(b)
by persons with prescribed professional qualifications or experience; or
(c)
by persons approved by the Secretary of State,
and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.
(14)
The cost of providing the appropriate percentage of the guaranteed minimum pension shall be certified by the Secretary of State, and in calculating and certifying it the Secretary of State—
(a)
shall apply whichever of the prescribed actuarial tables (as in force at the time when the scheme ceases to be appropriate) is applicable in accordance with the regulations prescribing the tables; and
(b)
may make such adjustments as he thinks necessary for avoiding fractional amounts.”.

8

In section 48 (guaranteed minimum pensions to be inalienable)—

(a)

in subsection (1)—

(i)

after the word “scheme”, in the first place where it occurs, there shall be inserted the words “or to payments giving effect to protected rights under such a scheme”; and

(ii)

after the word “pension”, where it occurs in paragraphs (a) and (b), there shall be inserted the words “or those payments”; and

(b)

in subsection (3), for the words from “any”, in the first place where it occurs, to “not” there shall be substituted the words “nothing whose assignment is or would be made void by that subsection shall”

9

In section 49 (supervision of schemes which have ceased to be contracted-out)—

(a)

the following paragraph shall be substituted for subsection (1)(b)—

“(b)
there has not been a payment—
(i)
of a premium under section 44 above in respect of each person entitled to receive, or having accrued rights to, guaranteed minimum pensions under the scheme; or
(ii)
of a premium under section 44ZA above in respect of each person who has protected rights under it or is entitled to any benefit giving effect to protected rights under it;”;

(b)

in subsection (2)(a), after the word “above” there shall be inserted the words “or, by virtue of subsections (2A) and (2B) of section 32 above, paragraph 10(1) of Schedule 1 to the Social Security Act 1986”; and

(c)

in subsection (5), “32” shall be substituted for “33”.

10

At the end of subsection (3) of section 50 (alteration of rules of contracted-out schemes) there shall be added the words “or any person has protected rights under it or is entitled to any benefit giving effect to protected rights under it”.

11

In section 66(1) (interpretation)—

(a)

the following definition shall be inserted before the definition of “guaranteed minimum pension”—

““average salary benefits” means benefits the rate or amount of which is calculated by reference to a member’s average salary over the period of service on which the benefits are based;”;

(b)

the following definitions shall be inserted after the definition of “long-term benefit”—

““minimum payments” shall be construed in accordance with section 30 above;
“money purchase benefits” in relation to an occupational pension scheme, means benefits the rate or amount of which is calculated by reference to a payment or payments made by a member of the scheme or by any other person in respect of a member, other than average salary benefits;
“money purchase contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 32(2A) above;”;

(c)

the following definition shall be inserted after the definition of “the principal Act”—

““protected rights” has the meaning given by Schedule 1 to the Social Security Act 1986 with the substitution made by section 32(2B) above.”.

12

In paragraph 2 of Schedule 3 (priority in bankruptcy etc.)—

(a)

the following sub-paragraph shall be inserted after sub-paragraph (1)—

“(1A)
This Schedule applies to any sum owed on account of an employer’s minimum payments to a contracted-out scheme falling to be made in the period of twelve months immediately preceding the relevant date.”; and

(b)

in sub-paragraph (2)—

(i)

the words “or payments” shall be inserted after the word “contributions”; and

(ii)

the words “or (1A)” shall be inserted after the words “sub-paragraph (1)”.

SCHEDULE 3 Industrial Injuries and Diseases

Section 39.

1—16.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41)

17 (1)

Section 2 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (conditions of entitlement to lump sum payments) shall be amended as follows.

(2)

At the end of subsection (1)(a) there shall be added the words “or, subject to subsection (3A) below, would be payable to him in respect of it but for his disablement amounting to less than the appropriate percentage”.

(3)

At the end of subsection (2)(b) there shall be added the words“or, subject to subsection (3A) below, would have been so payable to him—

(i)
but for his disablement amounting to less than the appropriate percentage; or
(ii)
but for his not having claimed the benefit; or
(iii)
but for his having died before he had suffered from the disease for the appropriate period”.

(4)

In subsection (3) the following definitions shall be inserted before the definition of “death benefit”—

““the appropriate percentage” means, in the case of any disease, the percentage specified in subsection (1) of section 57 of the Social Security Act 1975 or, if regulations have been made under section 77 of that Act specifying a different percentage in relation to that disease, the percentage specified in the regulations;
“the appropriate period” means, in the case of any disease, the period specified in subsection (4) of the said section 57 or, if regulations have been made under the said section 77 specifying a different period in relation to that disease, the period specified in the regulations;”.

(5)

The following subsection shall be inserted after that subsection—

“(3A)
No amount is payable under this Act in respect of disablement amounting to less than 1 per cent.”.

SCHEDULE 4 . . . F87

SCHEDULE 5 Adjudication

Section 52.

Part I Amendment of Enactments

2—20.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

Part II Questions for Determination by the Secretary of State

The questions referred to in section 52(2) above are—

F90(a)

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

(b), (c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F91

SCHEDULES 6, 7 . . . F92

SCHEDULE 8 Earnings Factors

Section 75.

1—3.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F93

SCHEDULE 9 Northern Ireland

Section 82.

Part I . . . F100

Part II Transfer of Functions Relating to Commissioners

2 (1)

In this Part—

“the Commissioners” means the Chief and other Social Security Commissioners for Northern Ireland;

“the Department”, except in the expression “the Department of Finance and Personnel”, means the Department of Health and Social Services for Northern Ireland.

(2)

The references in paragraphs 3(1)(b) and 4 to service by any person as a Commissioner include references to service treated as service as a Commissioner under paragraph 5(2) of Schedule 10 to the M15Social Security (Northern Ireland) Act 1975 (service under former enactments).

3 (1)

The following functions of the Department are hereby transferred to the Lord Chancellor—

(a)

the functions of the Department under paragraphs 4, 6 and 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (payment of remuneration, expenses, and pensions of the Commissioners);

(b)

the functions of the Department under the provisions of the M16Judicial Pensions Act (Northern Ireland) 1951 (lump sums and widow’s and children’s pensions) and paragraph 3 of Schedule 3 to the M17Administration of Justice Act 1973 (increase of certain widow’s and children’s pensions) so far as those provisions apply to service by any person as a Commissioner;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(d)

the making, under or for the purposes of the enactments mentioned in sub-paragraph (2) below, of regulations with respect to proceedings before the Commissioners, whether for the determination of any matter or for leave to appeal to or from the Commissioners.

(2)

The enactments referred to in sub-paragraph (1)(d) above are—

(a)—(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(h)

Article 6 of the M18Forfeiture (Northern Ireland) Order 1982;

(j)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

4 (1)

The functions of the Department of Finance and Personnel, so far as they relate to the functions transferred by paragraph 3 above, are hereby transferred to the Treasury.

(2)

The functions of the Department of Finance and Personnel under the M19Judicial Pensions Act (Northern Ireland) 1951, so far as it applies to service by any person as a Commissioner, are hereby transferred to the Treasury.

5

The functions of the Secretary of State under paragraph 7(5) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (power of Secretary of State to require person retired on medical grounds to resume duties of Commissioner) are hereby transferred to the Lord Chancellor.

6 (1)

Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the M20Northern Ireland Constitution Act 1973, the matters to which this paragraph applies shall not be transferred matters for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(2)

This paragraph applies to all matters relating to the Commissioners, including procedure and appeals, other than those specified in paragraph 9 of Schedule 2 to the Northern Ireland Constitution Act 1973.

7

Regulations made by the Lord Chancellor by virtue of this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the M21Statutory Instruments Act 1946 shall apply accordingly.

8 (1)

Enactments and instruments passed or made before the coming into operation of this Part of this Schedule shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Part as if—

(a)

references to the Department or to the Secretary of State were references to the Lord Chancellor; and

(b)

references to the Department of Finance and Personnel were references to the Treasury; and

(c)

references to moneys appropriated by Measure of the Northern Ireland Assembly were references to money provided by Parliament and references to the Consolidated Fund of Northern Ireland were references to the Consolidated Fund of the United Kingdom.

(2)

This Part of this Schedule shall not affect the validity of anything done (or having effect as done) by or in relation to the Department, the Department of Finance and Personnel or the Secretary of State before the coming into operation of this Part, and anything which at the time of the coming into operation of this Part is in process of being done by or in relation to either of those Departments or the Secretary of State may, if it relates to a function transferred by this Part, be continued by or in relation to the Lord Chancellor or the Treasury, as the case may require.

(3)

Anything done (or having effect as done) by the Department, the Department of Finance and Personnel or the Secretary of State for the purpose of a function transferred by this Part of this Schedule, if in force at the coming into operation of this Part, shall have effect, as far as required for continuing its effect after the coming into operation of this Part, as if done by the Lord Chancellor or by the Treasury, as the case may require.

(4)

The amendments specified in Part III of this Schedule are without prejudice to the generality of this paragraph.

Part III Consequential Amendments

Judicial Pensions Act (Northern Ireland) 1951 (c. 20)(N.I.)

9

In section 16 of the Judicial Pensions Act (Northern Ireland) 1951 (recommendation required for payments conditional on eligibility for Commissioners’ pensions) for the words “Department of Health and Social Services” there shall be substituted the words “Lord Chancellor”.

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

13

In Article 6(2) of the Forfeiture (Northern Ireland) Order 1982 (regulations for purposes of determinations by Social Security Commissioner), for the words “Department of Health and Social Services” there shall be substituted the words “Lord Chancellor”.

SCHEDULE 10 Minor and Consequential Amendments

Section 86.

Part I Pensions

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F111

Employment Protection (Consolidation) Act 1978 (c. 44)

F13131

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

Part II Income-Related Benefits

National Assistance Act 1948 (c. 29)

32 (1)

In subsection (3) of section 22 of the National Assistance Act 1948 (charges to be made for local authority accommodation) for the words “(apart from any supplementation of his resources which he will receive under the M22Supplementary Benefits Act 1976” there shall be substituted the words “(disregarding income support)”.

F132(2)

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

33

The words “, whether before or after the commencement of the Supplementary Benefits Act 1976,” shall be omitted from subsection (6) of section 43 of that Act (recovery of cost of assistance from persons liable for maintenance).

Maintenance Orders Act 1950 (c. 37)

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F133

35

In section 4 of that Act (jurisdiction of English courts to make affiliation orders against persons in Scotland or Northern Ireland)—

(a)

the following paragraph shall be added at the end of subsection (1)—

“(d)
for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)

in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

36

In section 9 of that Act—

(a)

the following paragraph shall be added at the end of subsection (1)—

“(d)
for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)

in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

F13437

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

38

In section 12 of that Act (jurisdiction of Northern Ireland courts to make affiliation orders against persons in England or Scotland)—

(a)

the following paragraph shall be added at the end of subsection (1)—

“(d)
for an order under any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)

the words “or of any order falling within subsection (1)(d) of this section” shall be added at the end of subsection (2).

39

In section 16(2) of that Act (enforcement of maintenance orders)—

(a)

the following sub-paragraph shall be inserted after paragraph (a)(vii)—

“(viii)
section 24 of the Social Security Act 1986 or section 4 of the Affiliation Proceedings Act 1957 on an application made under section 25(1) of the Act of 1986;”;

(b)

the following sub-paragraph shall be inserted after paragraph (b)(viii)—

“(ix)
an order made on an application under section 24 of the Social Security Act 1986;”; and

(c)

the following sub-paragraph shall be inserted after paragraph (c)(vii)—

“(viii)
any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986;”.

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F135

Administration of Justice Act 1970 (c. 31)

42

In Schedule 8 to the Administration of Justice Act 1970 (maintenance orders)—

(a)

in paragraph 5, the word “or” shall be omitted from both places where it occurs and after “1975” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

(b)

in paragraph 6, the word “or”, where first occurring, shall be omitted and after “1976” there shall be inserted the words “ or section 24 of the Social Security Act “1986”. ”

Attachment of Earnings Act 1971 (c. 32)

43

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders)—

(a)

in paragraph 6, the word “or” shall be omitted from both places where it occurs and after “1976” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

(b)

in paragraph 7, the word “or” where first occurring shall be omitted and after “1976” there shall be inserted the words “or section 24 of the Social Security Act 1986”.

Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

44 (1)

In section 24(1)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (amount to be carried to credit of rent rebate account) for the words “under section 32 of the M26Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.

(2)

In section 25(1)(a) of that Act (amount to be carried to credit of rent allowance account) for the words “under section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.

Employment and Training Act 1973 (c. 50)

45

In section 12(2)(b) of the Employment and Training Act 1973 (ancillary and transitional provisions) for the words “supplementary benefit within the meaning of the M27Supplementary Benefits Act 1976” there shall be substituted the words “income support”.

Legal Aid Act 1974 (c. 4)

46

In each of the following provisions of the Legal Aid Act 1974, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”—

(a)

section 1(1)(b);

(b)

section 4(2);

(c)

section 11(5).

47

In paragraph 3(c) of Part I of Schedule 1 to that Act for the words “18 of the M28Supplementary Benefits Act 1976” there shall be substituted the words “24 of the Social Security Act 1986”.

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F136

Local Government (Scotland) Act 1975 (c. 30)

Rating (Disabled Persons) Act 1978 (c. 40)

49

The words “the housing benefit scheme (whether or not modified under section 28 of the Social Security Act 1986)” shall be substituted for the words “a scheme made under section 28(1)(a) of the M29Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act)”—

(a)

in section 8(4) of the Local Government (Scotland) Act 1975 (payment of rates by instalments);

(b)

in section 1(6) of the Rating (Disabled Persons) Act 1978 (rebates for hereditaments with special facilities for disabled persons); and

(c)

in section 4(9) of that Act (rebates for lands and heritages with special facilities for disabled persons).

Employment Protection (Consolidation) Act 1978 (c. 44)

F13750

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

Child Care Act 1980 (c. 5)

F13851

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

Local Government, Planning and Land Act 1980 (c. 65)

52 (1)

In section 54 of the Local Government, Planning and Land Act 1980 (rate support grant) in subsections (1) and (2) for the words “and subsidies under section 32(1)(a) of the M30Social Security and Housing Benefits Act 1982” there shall be substituted the words “and rate rebate subsidy under the Social Security Act 1986”.

(2)

The following paragraph shall be substituted for subsection (5)(d) of that section—

“(d)
subsection (10) or section 30 of the Social Security Act 1986 (power to exclude rate fund contributions under subsection (6) of that section and certain other items);”.

53

In section 154 of that Act (grant of rent rebates by urban developments corporations) for the words “Part II of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “Part II of the Social Security Act 1986”.

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F139

Civil Jurisdiction and Judgments Act 1982 (c. 27)

55

In paragraph 5 of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from Schedule 4)—

(a)

in sub-paragraph (c), after “1976”, there shall be inserted the words “section 24 of the Social Security Act 1986, or any enactment applying in Northern Ireland and corresponding to it,”; and

(b)

in sub-paragraph (d), after “1976,” there shall be inserted the words “section 25 of the Social Security Act 1986 or any enactment applying in Northern Ireland and corresponding to it,”.

Legal Aid Act 1982(c.44)

56

In section 7(8) of the Legal Aid Act 1982 (legal aid contribution orders) for the words from “supplementary benefit” to the end there shall be substituted the words “income support or family credit under the Social Security Act 1986.”.

Transport Act 1982 (c. 49)

57

In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) for the words from “of” to “and” there shall be substituted the words “of income support or family credit and”.

Housing Act 1985 (c. 68)

58

In subsection (2)(b) of section 425 of the Housing Act 1985 (the local contribution differential) for the words “section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30 of the Social Security Act 1986”.

59

In Item 4 in Part I of Schedule 14 to that Act (items to be credited to the Housing Revenue Account) for the words “Social Security and Housing Benefits Act 1982” there shall be substituted the words “Social Security Act 1986”.

60

In paragraph 3 of Part IV of that Schedule (rate fund contributions to the Housing Revenue Account) for the words “section 34(1) of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30(6) of the Social Security Act 1986”.

Legal Aid (Scotland) Act 1986 (c. 47)

61

In section 8(b) (availability of legal advice and assistance) and section 11(2) (clients’ contributions) of the Legal Aid (Scotland) Act 1986, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”.

Part III Benefits under Social Security Act 1975

62—66.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F140

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F141

68 (1)

In section 4(8)(a) of that Act (parliamentary procedure for making of schemes) for the words “an up-rating order under the Social Security Act” there shall be substituted the words “any order or regulations under the Social Security Acts 1975 to 1986”.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F142

69, 70.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F143

Part IV Statutory Maternity Pay, Statutory Sick Pay Etc.

Income and Corporation Taxes Act 1970 (c. 10)

71

At the end of section 219A of the Income and Corporation Taxes Act 1970 (which charges certain payments to income tax under Schedule E) there shall be added“and

(d)
payments of statutory maternity pay under Part V of the Social Security Act 1986 or, in Northern Ireland, any corresponding provision contained in an Order in Council under the Northern Ireland Act 1974.”.

74

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F145

Employment Protection (Consolidation) Act 1978 (c. 44)

F14675

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

F14776

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

Insolvency Act 1985 (c. 65)

79

In paragraph 3(2)(d) of Part II of Schedule 4 to the Insolvency Act 1985 (preferential debts) the words from the beginning to “1982” shall cease to have effect.

Bankruptcy (Scotland) Act 1985 (c. 66)

80

Paragraph 9(2)(d) of Schedule 3 to the Bankruptcy (Scotland) Act 1985 (preferential debts) shall cease to have effect.

Wages Act 1986 (c. 48)

F14981

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

Part V Common Provisions

Child Benefit Act 1975 (c. 61)

96

At the end of subsection (1) of section 6 of the Child Benefit Act 1975 (child benefit claims and payments) there shall be added the words “and within the prescribed time”.

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

98—100.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F156

Part VI Miscellaneous

Income and Corporation Taxes Act 1970 (c. 10)

101

In section 219 of the Income and Corporation Taxes Act 1970 (taxation of benefits)—

(a)

in subsection (1), for the words, “maternity benefit” there shall be substituted the words “maternity allowance, widow’s payments”; and

(b)

in subsection (2), for the words “in respect of a family income supplement under the M31Family Income Supplements Act 1970 or the M32Family Income Supplements Act (Northern Ireland) 1971” there shall be substituted the words “of family credit under the Social Security Act 1986 or any corresponding enactment applying to Northern Ireland,”.

Attachment of Earnings Act 1971 (c. 32)

102

In section 24(2)(c) of the Attachment of Earnings Act 1971 (social security benefits etc. not earnings for purposes of Act) for the words from “of” to the end there shall be substituted “enactment relating to social security;”.

National Insurance Act 1974 (c. 14)Social Security Act 1980 (c. 30)Social Security Act 1985 (c. 53)

103

The words “the Social Security Acts 1975 to 1986” shall be substituted—

(a), (b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F157

(c)

for the words “the Social Security Acts 1975 to 1985” in section 5 of the Social Security Act 1985.

Forfeiture Act 1982 (c. 34)

108

In section 4 of the Forfeiture Act 1982—

(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F159

(b)

in subsection (5), for the words from “the M33Family Income Supplements Act 1970” to “the M34Social Security Act 1980” there shall be substituted the words—

“the Child Benefit Act 1975,
the Social Security Acts 1975 to 1986,”.

SCHEDULE 11 Repeals

Section 86.

Chapter	Short title	Extent of repeal
11 & 12 Geo. 6. c. 29.	National Assistance Act 1948.	In Section 43(6), the words “, whether before or after the commencement of the Supplementary Benefits Act 1976,”.
		In section 50(4), the words “or subsection (3)” and the words from “less” to the end.
		Section 53.
1965 c. 55.	Statute Law Revision (Consequential Repeals) Act 1965.	The whole Act.
1966 c. 20.	Supplementary Benefit Act 1966.	Section 26.
1968 c. 49.	Social Work (Scotland) Act 1968.	In section 28(2), the words “and not reimbursed under section 32 of the Social Security Act 1975”.
1970 c. 10.	Income and Corporation Taxes Act 1970.	In section 219(1), the words “death grant”.
		In section 219A(1)(b), the word “and”
1970 c. 55.	Family Income Supplements Act 1970.	The whole Act.
1971 c. 32.	Attachment of Earnings Act 1971.	Schedule 4.
1972 c. 70.	Local Government Act 1972.	In section 119(2), the words from “having” to the end.
1972 c. 75.	Pensioners and Family Income Supplement Payments Act 1972.	The whole Act.
1972 c. 80.	Pensioners’ Payments and National Insurance Contributions Act 1972.	The whole Act.
1973 c. 38.	Social Security Act 1973.	Section 92(3) and (4).
		In section 99(1), the definition of requisite benefits.
		Schedule 23.
1973 c. 61.	Pensioners’ Payments and National Insurance Act 1973.	The whole Act.
1974 c. 14.	National Insurance Act 1974.	In section 6(1), the words “the Supplementary Benefits Act 1976, the Family Income Supplements Act 1970,” and the words “or the Social Security and Housing Benefits Act 1982”.
1974 c. 54.	Pensioners’ Payments Act 1974.	The whole Act.
1975 c. 14.	Social Security Act 1975.	In section 1(1)(b), the words “and the Maternity Pay Fund”.
		In section 12, in subsection (1), paragraph (h), in subsection (2), the words “and widow’s allowance” and subsection (3).
		In section 13, in subsection (1), the entries relating to widow’s allowance and death grant, subsection (5)(a) and subsection (5A).
		Section 21.
		In section 25(3), the words “and for which she is not entitled to a widow’s allowance”.
		In section 26(3), the words “a widow’s allowance or”.
		In section 28(1), the words from “(subject” to “rule))”.
		Section 32.
		Section 33(1)(a) to (c).
		Section 34(2).
		In section 37(3), the words from “and a woman” to the end.
		Section 37A(4) and (7).
		Section 41(2)(e) and (2C).
		Section 50(2) and (5).
		Section 57(5).
		Section 58 and 59.
		Section 60.
		Section 62.
		Sections 64 to 75.
		Sections 79 to 81.
		In section 82, subsections (3) and (4) and subsection (6)(a).
		In section 84, subsection (3) and in subsection (5), the references to sections 65 and 66.
		Section 86.
		In section 88(a), the words from “or”, in the first place where it occurs, to “prescribed”, in the third place where it occurs.
		In section 90, in subsection (2)(a), the words from “(including” to the end and in subsection (3), the references to sections 79 and 81.
		In section 91, subsection (1)(b)(i) and in subsection (2), the words “section 58 (unemployability supplement),” and the words from “section 64” to the end.
		Section 92.
		Section 95.
		In section 100, in subsection (1), the words “adversely to the claimant” and subsections (5) and (6).
		In section 101(3)(c), the words “or, in relation to industrial death benefit, the deceased”.
		In section 104(1A), the words “in prescribed circumstances”.
		Section 106(3).
		In section 107, in subsection (4), the words “, whether or not the claimant is the person at whose instance the declaration was made” and in subsection (6), the words “by fresh evidence” and paragraph (b).
		In section 110(1), the words “by fresh evidence”.
		Section 114(3) and (4).
		In section 117, subsection (4) and in subsection (5), paragraph (a) and the word “and” immediately following it.
		In section 119, subsections (1) to (2A), in subsection (3)(b), the words “or out of a requirement to repay any amount by virtue of subsection (2A) above”, subsection (4)(b) to (d) and subsections (5) and (6).
		In section 122(4), the words “or the Maternity Pay Fund”.
		Sections 124 to 126A.
		In section 134(5)(b), the words from “and the Maternity Pay Fund” to “determine”.
		In section 135, subsections (2)(g) and (6).
		Section 136.
		In section 141(2), the words from “unless” to the end.
		In section 143(1), the words “relating to social security”.
		Sections 144 and 145.
		In section 146, in subsection (1), the words “under Part III of the Pensions Act” and subsection (3)(c) and (5).
		Section 147.
		In section 151(1), the words “under Part III of the Pensions Act”.
		In section 152(8), the words “of the Pensions Act (including in particular sections 47 and 64(3))” and the words “under that Act”.
		Section 164.
		In Schedule 3, in Part I, paragraph 7 and, in Part II, in paragraph 8(2), in paragraph (a), the words “other than a widow’s allowance,” in paragraph 8(3), the words “or a maternity allowance,” in paragraphs 9 and 10, the words “(other than a widow’s allowance)” and paragraph 12.
		In Schedule 4, in Part I, paragraph 5, Part II, in Part IV, paragraph 4 and in Part V, paragraphs 2, 4 to 6 and 10 to 15.
		Schedule 5.
		In Schedule 8, paragraph (b) of the proviso to paragraph 5 and the word “and” immediately preceding it.
		Schedule 9.
		Schedule 14.
		In Schedule 16, paragraphs 3 and 4.
		In Schedule 20, the definitions of “The deceased” and “Industrial death benefit”, in the definition of “Relative”, the reference to sections 66(8) and 72(6), in the definition of “Short-term benefit” the words “and widow’s allowance”, the definitions of “Unemployability supplement” and “Up-rating order”, and in the definition of “Week”, the reference to section 64.
1975 c. 16.	Industrial Injuries and Diseases (Old Cases) Act 1975.	In section 4(4), paragraph (c)(ii) and the word “or” immediately preceding it.
		Section 9(3).
		Section 10.
1975 c. 18.	Social Security (Consequential Provisions) Act 1975.	In Schedule 2, paragraphs 5, 35, 41 and 44.
		In Schedule 3, paragraph 18.
1975 c. 60.	Social Security Pensions Act 1975.	In section 6, in subsection (2), the words from “or” to the end, in subsection (5), the words “Subject to subsection (5A) below,” and subsection (5A).
		In section 19(2), the words “and (3)(b).”
		Section 22(3) and (5).
		Section 23(1) and (5).
		Section 30(2).
		In section 32(4), the words “relating to the scheme or its management”.
		Section 33(1)(a) and (4).
		Section 34.
		In section 36, subsections (2), (4) and (5), in subsection (6), the words “Subject to the following provisions of this section”, subsection (7), in subsection (8), the words from “but the scheme” to the end and subsection (9).
		Section 37.
		In section 39, subsections (2), (3) and (4)(a).
		Section 41(4).
		In section 44A(1)(b) and (4), the words “to requisite benefits”.
		Section 46.
		Section 49(3) and (7).
		Section 52D(2) and (3).
		Section 56K(4).
		In section 66(1), the definition of “requisite benefits” and, in the definition of “resources”, the words “(whether requisite benefits or other benefits)”.
		In Schedule 1A, in paragraph 12, in sub-paragraph (3), the words “Subject to sub-paragraph (4) below,” and sub-paragraph (4).
		In Schedule 2, paragraph 4.
		In Schedule 4, paragraphs 14 and 17, in paragraph 31 the definition of “requisite benefits” and paragraphs 32(a), 41, 42 and 51.
1975 c. 61.	Child Benefit Act 1975.	Section 5(5).
		Section 6(2), (4) and (5).
		Sections 7 and 8.
		Section 9(1).
		Sections 10 and 11.
		In section 15(1), the words “relating to child benefit”.
		Section 17(3) to (6).
		In section 24(1), in the definition of “recognised educational establishment”, the words from “and” to the end.
		In Schedule 4, paragraphs 3 to 6, 11, 27, 29, 31 and 33.
1975 c. 71.	Employment Protection Act 1975.	In section 40, subsections (2) and (4).
1976 c. 36.	Adoption Act 1976.	Section 47(3).
1976 c. 71.	Supplementary Benefits Act 1976.	Sections 1 to 21.
		Sections 24 to 27.
		Sections 31 to 34.
		Schedule 1.
		In Schedule 5, in paragraph 1(2), the words from the beginning to “and” in the first place where it occurs.
		In Schedule 7, paragraphs 1(b) and (d), 3(a), 5, 19, 21, 23, 24, 31, 33 and 37.
1977 c. 5.	Social Security (Miscellaneous Provisions) Act 1977.	Section 9.
		Section 17(2).
		In section 18, in subsection (1), in paragraph (a) the words “and the Supplementary Benefits Act 1976” and paragraphs (c) and in subsection (2) paragraphs (a) and (b).
		Section 19.
		In section 22, in subsection (2), the references to sections 24(2) and 37(3)(b) of the Social Security Act 1975, and subsection (16).
1977 c. 51.	Pensioners’ Payments Act 1977.	The whole Act.
1978 c. 44.	Employment Protection (Consolidation) Act 1978.	In section 33, subsection (1)(a) and the word “and” immediately following it, in subsection (3), paragraph (c) and in paragraph (d) the words “in the case of the right to return” and in subsection (4), the words “to return”.
		Sections 34 to 44.
		Section 122(4)(e).
		In section 123(5), the words “occupational pension”.
		In section 127(3), the word “such” in the second place where it occurs.
		In section 132, in subsection (1)(b) “,III” and in subsection (6), the definition of “supplementary benefit”.
		In section 133(1)(a), “,33”.
		In section 138, in subsection (1) the words “(except section 44)”, and in subsection (5) the words “(except section 44(3) and (4))”.
		In section 139(1), the words “(except section 44)”.
		In section 153(1) the definitions of “maternity pay”, “Maternity Pay Fund” and “maternity pay rebate”.
		In section 155(1), the words “44 to”.
		Section 156(1).
		Section 157(2)(a) and the word “and” immediately following it.
		In Schedule 14, paragraph 7(1)(d).
		In Schedule 15, paragraph 7 and the heading immediately preceding it.
1978 c. 58.	Pensioners’ Payments Act 1978.	The whole Act.
1979 c. 18.	Social Security Act 1979.	Section 3(2).
		Sections 6 to 8.
		Sections 12 and 13.
		In Schedule 3, paragraphs 1, 2, 9, 16 and 24 to 27.
1979 c. 41.	Pneumoconiosis etc. (Workers’ Compensation) Act 1979.	In section 2(3), the words “industrial death benefit under section 76 of the Social Security Act 1975, or”.
1979 c. 48.	Pensioners’ Payments and Social Security Act 1979.	The whole Act.
1980 c. 5.	Child Care Act 1980.	In section 25(2), the words from “less” to the end.
1980 c. 30.	Social Security Act 1980.	Section 1.
		Section 4(4).
		In section 5, in subsection (1) the words from “and in subsection (2)”, in paragraph (i), to the end of the subsection and subsections (2) to (4).
		Section 7.
		In section 8, in subsection (1), the words “or 7”.
		In section 9(7), the words “the Family Income Supplements Act 1970” and the words “and the Supplementary Benefits Act 1976”.
		In section 10, in subsection (2) and in subsection (7), in the first place where they occur, the words “the Secretary of State or, as the case may be,” and in subsection (7), the words “to the Secretary of State, or as the case may be,” and paragraph (a).
		In section 14, subsection (6).
		Section 15.
		In section 17(2), the words from “a tribunal” to the end.
		In section 18, in subsection (1), the words “the Family Income Supplements Act 1970;”, the words “the Supplementary Benefits Act 1976” and the word “and” immediately preceding them.
		Section 20(3).
		In Schedule 1, in paragraph 9, the words “or section 95(1)(b) or (c)” and paragraphs 10 and 12.
		In Schedule 2, paragraphs 1 to 20, and 22 to 30.
		In Schedule 3, in Part II, paragraphs 11, 15, 15B and 16 to 18.
1980 c. 39.	Social Security (No. 2) Act 1980.	Sections 1 and 2.
		In section 4(2), the words “and no earnings-related addition to a widow’s allowance”.
		Section 6.
1981 c. 33.	Social Security Act 1981.	Section 1.
		Section 4.
		In Schedule 1, paragraphs 1, 2, 3(b), 4, 5, 8 and 9.
1982 c. 24.	Social Security and Housing Benefits Act 1982.	Section 7(3) to (10).
		Section 8.
		Section 9(8) to (10).
		Sections 11 to 16.
		Sections 19 to 21.
		Section 25.
		Part II.
		Section 38.
		Section 41.
		Section 42(1) and (2).
		Section 44(1)(a) and (f).
		In section 45, in subsection (1), the words from “and any power” to the end, in subsection (2), in paragraph (a), the words “7 or” and paragraphs (b) and (c) and subsection (3).
		In section 47 in the definition of “benefit”, the words “Part II and”.
		In Schedule 2, paragraph 6.
		Schedule 3.
		In Schedule 4, paragraphs 2, 4, 5, 14, 19, 22 to 28, 35(1) and (2) and 38.
1983 c. 36.	Social Security and Housing Benefits Act 1983.	The whole Act.
1983 c. 41.	Health and Social Services and Social Security Adjudications Act 1983.	Section 19(2).
		In Schedule 8, Parts III and IV and paragraphs 18 and 31(3).
		In Schedule 9, paragraph 20.
1984 c. 22.	Public Health (Control of Disease) Act 1984.	In section 46(5), the words from “less” to the end.
1984 c. 48.	Health and Social Security Act 1984.	Section 22.
		In section 27(2), the words “22 and”.
		In Schedule 4, in paragraph 3 the entry relating to section 79 and paragraphs 12 and 14.
		In Schedule 5, paragraphs 4 to 6.
1985 c. 53.	Social Security Act 1985.	Sections 15 to 17.
		Section 22.
		Section 27(8)(e).
		In section 32(2), the words “section 15” and the words “section 22(1)(b) and (c) and (2)”.
		In Schedule 4, paragraph 2.
		In Schedule 5, paragraphs 6, 7, 10, 16, 19, 28, 37 and 38.
1985 c. 65.	Insolvency Act 1985.	In Part II of Schedule 4, the words in paragraph 3(2)(d) from the beginning to “1982”.
1985 c. 66.	Bankruptcy (Scotland) Act 1985.	In Schedule 3, paragraph 9(2)(d).
1986 c. 9.	Law Reform (Parent and Child) (Scotland) Act 1986.	In Schedule 1, paragraph 16.
		In Schedule 2, the entry relating to the Supplementary Benefits Act 1976.