SCHEDULES
F1SCHEDULE 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 M18Social 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 . . . F76;
a
shall F76in 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 . . . F76are 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.
F778
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.
F78X14
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.
F778
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
F79Subject 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,
F79then, 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.
F80X22
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.
F817A
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.
F2SCHEDULE 2
Sch. 2 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2
1
The M19Social 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,
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.
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
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3
Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (c. 41)
C117
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 . . . F4
The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)
SCHEDULE 5 Adjudication
Part I Amendment of Enactments
Social Security Act 1973 (c. 38)
F51
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Part II Questions for Determination by the Secretary of State
The questions referred to in section 52(2) above are—
F7a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
SCHEDULES 6, 7 . . . F9
The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)
SCHEDULE 8 Earnings Factors
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Social Security Pensions Act 1975 (c. 60)
F114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
F138
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F149
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security (Miscellaneous Provisions) Act 1977 (c. 5)
F1611
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 9 Northern Ireland
Part I . . . F17
Sch. 9 Pt. I, Pt. II paras. 3(1)(c), 3(2)(a)–(g), (j), 11, 12 repealed (1.7.1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9), Sch. 1
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 M1Social 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 M2Judicial Pensions Act (Northern Ireland) 1951 (lump sums and widow’s and children’s pensions) and paragraph 3 of Schedule 3 to the M3Administration 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
h
Article 6 of the M4Forfeiture (Northern Ireland) Order 1982;
j
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18
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 M5Judicial 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 M6Statutory 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.)
C29
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”.
Social Security (Northern Ireland) Act 1975 (c. 15)
C310
1
In 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)—
a
for the word “Department” in each place where it occurs (except in the expression “Department of Finance”) there shall be substituted the words “Lord Chancellor”;
b
for the words “Department of Finance” in each place where they occur there shall be substituted the word “Treasury”.
2
In sub-paragraph (1) of the said paragraph 6 for the words “moneys appropriated by Measure of the Northern Ireland Assembly” there shall be substituted the words “money provided by Parliament”.
3
In sub-paragraph (5) of the said paragraph 7 for the words “Secretary of State” there shall be substituted the words “Lord Chancellor”.
Social Security Act 1980 (c. 30)
11
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))
C413
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”.
C5SCHEDULE 10 Minor and Consequential Amendments
The text of Schs. 10, 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Part I Pensions
Social Security Act 1973 (c. 38)
1
The Social Security Act 1973 shall be amended as follows.
F202
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F224
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F235
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F257
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F268
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F279
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
Social Security Pensions Act 1975 (c. 60)
11
The Social Security Pensions Act 1975 shall be amended as follows.
F2912
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3013
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3215
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3417
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3619
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3720
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3821
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3922
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4023
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4124
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4225
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4326
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4427
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4528
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4629
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4730
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Protection (Consolidation) Act 1978 (c. 44)
F4831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 M7Supplementary Benefits Act 1976” there shall be substituted the words “(disregarding income support)”.
F492
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
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);
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);
b
in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.
37
In section 11(1) of that Act (jurisdiction of Northern Ireland courts to make affiliation orders) after “1977” there shall be inserted the words “or any enactment applying in Northern Ireland and corresponding to section 25 of the Social Security Act 1986”.
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);
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;
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51
Social Work (Scotland) Act 1968 (c. 49)
41
1
In section 78(2A) of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care etc.) for words from “of” where second occurring to the end there shall be substituted the words “of income support or family credit.”.
2
In section 87(3) of that Act (charges for service and accommodation)—
a
b
after “1983” there shall be inserted “and paragraph 32 of Schedule 10 to the Social Security Act 1986”; and
c
for the words “to 44” there shall be substituted the words “(as amended by paragraph 5 of Schedule 1 to the M21Law Reform (Parent and Child) (Scotland) Act 1986) and 43”.
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 M10Social 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 M11Supplementary 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 M12Supplementary Benefits Act 1976” there shall be substituted the words “24 of the Social Security Act 1986”.
48
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52
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 M13Social 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)
F5350
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child Care Act 1980 (c. 5)
F5451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 M22Social 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56
Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)
67
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58
69
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59
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.
Social Security Act 1975 (c. 14)
72
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60
73
In section 122(4) of that Act for the words “either or both those Funds” there shall be substituted the words “that Fund”.
74
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61
Employment Protection (Consolidation) Act 1978 (c. 44)
F6275
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6376
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security and Housing Benefits Act 1982 (c. 24)
77
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64
78
The following paragraph shall be inserted before paragraph (a) of section 45(2) of that Act (Parliamentary control of subordinate legislation)—
za
regulations under section 7 of this Act;
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)
F6581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part V Common Provisions
Social Security Act 1973 (c. 38)
F6682
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security Act 1975 (c. 14)
83
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67
89
In section 167(3) of that Act (parliamentary procedure) for the words “, 123A or 126A or an up-rating order” there shall be substituted the words “or 123A”.
90
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68
Social Security Pensions Act 1975 (c. 60)
91
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69
93
In subsection (1) of section 59 of that Act (official pension) for the words “that section” there shall be substituted the words “section 63 of the Social Security Act 1986”.
94
In section 61(2) of that Act (consultation about regulations)—
a
for the word “Where” there shall be substituted the words “Subject to section 61 of the Social Security Act 1986, where”; and
b
after the words “of this Act” there shall be inserted the words “or of Part I of the Social Security Act 1986”.
95
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71
98
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72
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 M14Family Income Supplements Act 1970 or the M15Family 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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73
c
for the words “the Social Security Acts 1975 to 1985” in section 5 of the Social Security Act 1985.
Social Security Act 1975 (c. 14)
104
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F74
Forfeiture Act 1982 (c. 34)
108
In section 4 of the Forfeiture Act 1982—
a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75
C6SCHEDULE 11 Repeals
The text of Schs. 10, 11 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and except as specified does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
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. |
Sch. 1 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2