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Social Security Act 1988

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Social Security Act 1988

1988 CHAPTER 7

An Act to amend the law relating to social security and to make fresh provision in relation to welfare foods and for the remission of charges for services provided under the National Health Service Act 1977 and the National Health Service (Scotland) Act 1978 and the payment of travelling and overnight expenses for the purpose of persons availing themselves of services provided under those Acts; and for connected purposes.

[15th March 1988]

Modifications etc. (not altering text)

C1The base date version of this Act is as revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force at that date

C2Words of enactment omitted under Statutes Law Revision Act 1948 (c. 62), s. 3

E+W+S

1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Earnings factors etc.E+W+S

9 Earnings factors and transfer values.E+W+S

Part I of Schedule 2 to this Act shall have effect in relation to the calculation of earnings factors and of guaranteed minimum pensions partly attributable to earnings factors for the period before the tax year 1988-1989 and Part II shall have effect in relation to transfer values.

10, 11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2E+W+S

Up-ratingE+W+S

12 Up-rating Orders.E+W+S

(1)It is hereby declared that the orders to which this section applies were validly made and that the Secretary of State is under no duty to revoke them.

(2)The orders to which this section applies are—

(a)the M1Social Security Benefits Up-rating (No. 2) Order 1987;

(b)the M2Occupational Pensions (Revaluation) Order 1987.

Marginal Citations

M1S.I. 1987, No. 1978.

M2S.I. 1987, No. 1981.

Welfare foodsE+W+S

13 Schemes for distribution etc. of welfare foods.E+W+S

(1)In this section “welfare food” means liquid cows’ milk, dried milks, vitamin tablets and vitamin drops.

(2)The Secretary of State may by order add any food to or remove any food from the foods referred to in subsection (1) above.

(3)The Secretary of State may by regulations make a scheme, or a number of schemes—

(a)for the provision of welfare food; and

(b)for the making of payments to such persons as may be determined by or under the scheme who are entitled to receive a welfare food but who—

(i)do not receive it;

(ii)do not receive the amount to which they are so entitled.

(4)Any such regulations—

(a)may provide for the distribution or disposal, by or on behalf of the Secretary of State, of any welfare food, and the use or consumption of any such food;

(b)may control any prices to be charged for any welfare food provided under the scheme;

(c)may provide for an amount to be reimbursed by the Secretary of State to a supplier of any welfare food under the scheme;

(d)may provide for requiring such information or evidence as may be reasonably needed in connection with the administration of the scheme to be furnished by such persons as may be specified to an officer of the Secretary of State duly authorised in that behalf, on production by the officer (if required to do so) of his authority; and

(e)may direct that specified enactments relating to the administration of benefit under [F3the Social Security Administration Act 1992] (including enactments relating to offences and criminal proceedings) shall have effect for the purpose of the administration of the scheme, subject to any modifications specified in the regulations,

and in paragraph (e) above “modifications” includes additions, omissions and amendments.

(5)The power conferred by subsection (4) above to make regulations requiring a person to produce information or evidence shall include power to make regulations providing that—

(a)if documents specified by an officer are produced—

(i)he may take copies of them or extracts from them; and

(ii)he may require that person, or, where that person is a body corporate, any other person who is a present or past officer of, or is employed by, the body corporate, to provide an explanation of any of them; and

(b)if documents so specified are not produced, he may require the person who was required to produce them to state, to the best of his knowledge and belief, where they are.

(6)A statutory instrument containing an order under subsection (2) above shall not be made unless a draft of the instrument has been laid before Parliament and has been approved by a resolution of each House of Parliament.

(7),(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Subordinate Legislation Made

P1S. 13: for exercises of this power see Index to Government Orders.

P2S. 13: s. 13(3)(4) (with s. 15A) power exercised by S.I. 1991/585.

Textual Amendments

Remission of Health Service charges and payment of travelling expensesE+W+S

14 National Health Service—remission of charges and payment of travelling expenses. E+W+S

(1)The following section shall be inserted after section 83 of the M3National Health Service Act 1977—

83A Remission and repayment of charges and payment of travelling expenses.

(1)Regulations may provide in relation to prescribed descriptions of persons—

(a)for the remission or repayment of the whole or any part of any charges which would otherwise be payable by them in pursuance of section 77(1) above, section 78(1) above or section 79 above; and

(b)for the payment by the Secretary of State in such cases as may be prescribed of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their availing themselves of any services provided under this Act.

(2)Descriptions of persons may be prescribed for the purposes of paragraph (a) or (b) of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

(a)their age;

(b)the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

(c)the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

(d)their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit;

(e)the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits; and

(f)the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

(3)Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

(a)by a method set out in the regulations;

(b)by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

(c)by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

(d)by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(4)Regulations under this section which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

(a)as it has effect at the time when the regulations are made; or

(b)both as it has effect at that time and as amended subsequently.

(2)The following section shall be inserted after section 75 of the M4National Health Service (Scotland) Act 1978—

75A Remission and repayment of charges and payment of travelling expenses.

(1)Regulations may provide in relation to prescribed descriptions of persons—

(a)for the remission or repayment of the whole or any part of any charges which would otherwise be payable by them in pursuance of section 69(1) above, section 70(1) above or section 71 above;

(b)for the payment by the Secretary of State in such cases as may be prescribed of travelling expenses (including the travelling expenses of a companion) incurred or to be incurred for the purpose of their availing themselves of any services provided under this Act; and

(c)where they are persons whose travelling expenses are payable by virtue of paragraph (b) above, for the payment by the Secretary of State in such cases as may be prescribed of expenses necessarily incurred by them (and by any companion whose travelling expenses are so payable) in obtaining overnight accommodation for the purpose mentioned in that paragraph.

(2)Descriptions of persons may be prescribed for the purposes of paragraph (a), (b) or (c) of subsection (1) above by reference to any criterion and, without prejudice to the generality of this subsection, by reference to any of the following criteria—

(a)their age;

(b)the fact that a prescribed person or a prescribed body accepts them as suffering from a prescribed medical condition;

(c)the fact that a prescribed person or a prescribed body accepts that a prescribed medical condition from which they suffer arose in prescribed circumstances;

(d)their receipt of benefit in money or in kind under any enactment or their entitlement to receive any such benefit;

(e)the receipt of any such benefit by other persons satisfying prescribed conditions or the entitlement of other persons satisfying prescribed conditions to receive such benefits; and

(f)the relationship, as calculated in accordance with the regulations by a prescribed person, between their resources and their requirements.

(3)Regulations under this section may direct how a person’s resources and requirements are to be calculated and, without prejudice to the generality of this subsection, may direct that they shall be calculated—

(a)by a method set out in the regulations;

(b)by a method described by reference to a method of calculating or estimating income or capital specified in an enactment other than this section or in an instrument made under an Act of Parliament or by reference to such a method but subject to prescribed modifications;

(c)by reference to an amount applicable for the purposes of a payment under an Act of Parliament or an instrument made under an Act of Parliament; or

(d)by reference to the person’s being or having been entitled to payment under an Act of Parliament or an instrument made under an Act of Parliament.

(4)Regulations under this section which refer to an Act of Parliament or an instrument made under an Act of Parliament may direct that the reference is to be construed as a reference to that Act or instrument—

(a)as it has effect at the time when the regulations are made; or

(b)both as it has effect at that time and as amended subsequently.

Modifications etc. (not altering text)

C3The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

Marginal Citations

General and supplementaryU.K.

15 Financial provision.E+W+S

(1)There shall be paid out of money provided by Parliament—

(a)any expenses incurred under this Act by a Minister of the Crown; and

(b)any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2)There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under [F5section 9] above, excluding any category of expenses which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.

(3)There shall be paid into the Consolidated Fund any increase by virtue of this Act in sums so payable by virtue of any other Acts.

Textual Amendments

[F615A.— Regulations and orders etc.E+W+S

(1)[F7Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992] (regulations and orders: general provisions) shall apply in relation to any power conferred by any provision of this Act to make orders or regulations under this Act as they apply in relation to any power conferred by that Act to make orders or regulations, but as if for references to that Act there were substituted references to this Act.

(2)A statutory instrument—

(a) which contains (whether alone or with other provisions) any orders or regulations under this Act, other than orders under section 18 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 Parliament.

(3)In this Act — “prescribe” means prescribe by regulations; and “regulations” means regulations made under this Act by the Secretary of State.]

Subordinate Legislation Made

P3S. 15A: s. 13(3)(4) (with s. 15A) power exercised by S.I.1991/585.

P4S. 15A: power exercised by S.I. 1990/2012.

Textual Amendments

16 Minor and consequential amendments and repeals.E+W+S

(1)The enactments mentioned in Schedule 4 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on the foregoing provisions of this Act).

(2)The enactments mentioned in Schedule 5 to this Act (which include enactments already obsolete or unnecessary) are repealed to the extent specified in the third column of that Schedule.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8U.K.

18 Commencement.U.K.

(1)The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.

(2) Subsection (1) above applies to the following provisions of this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9,

  • section 16(2), so far as it relates—

(a)to sections 45, 45A, 46, 47B and 66 of the Social Security Act 1975;

(b)to Schedule 1 to the M5Social Security Act 1980; and

(c)to section 13(4)(a) of the M6Social Security Act 1985;

  • section 17;

  • this section;

  • sections 19 and 20.

(3)Subject to subsections (1) and (2) above, this Act shall come into force on such day as the Secretary of State may by order . . . F10 appoint, and different days may be appointed in pursuance of this section for different provisions or different purposes of the same provision.

(4)The Secretary of State may by regulations . . . F10make—

(a)such transitional provision;

(b)such consequential provision; or

(c)such savings,

as he 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.

(5)Regulations under subsection (4) above may make modifications of any enactment contained in this or in any other Act.

(6)In subsection (5) above “modifications” includes additions, omissions and amendments.

(7),(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Textual Amendments

Modifications etc. (not altering text)

C4Power of appointment conferred by s. 18(3) fully exercised (except as to s. 5 which has been repealed): S.I.1988/520, 1226 and 1857

Marginal Citations

19 Extent.U.K.

(1)Subsection (1) of section 14 above extends only to England and Wales and subsection (2) of that section extends only to Scotland.

(2)Sections 17 and 20(1) of this Act and this section extend to Northern Ireland, and section 18(1) and (2) extend there so far as they relate to those provisions.

(3)The extent of any amendment or repeal of an enactment in Schedule 4 or 5 to this Act is the same as that of the enactment amended or repealed.

(4)Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.

20 Citation.U.K.

(1)This Act may be cited as the Social Security Act 1988.

(2)Sections 1 to 12 above (including Schedules 1 to 3 to this Act) and sections 15 to 19 above (including Schedules 4 and 5) and this section, so far as they have effect for the purposes of sections 1 to 12 above, may be cited together with the Social Security Acts 1975 to 1986 and the M7Social Fund (Maternity and Funeral Expenses) Act 1987 as the Social Security Acts 1975 to 1988.

Marginal Citations

SCHEDULES

SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12E+W+S

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

Section 9.

SCHEDULE 2E+W+S Earnings Factors and Transfer Values

Part IE+W+S Earnings Factors

1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(2)In subsection (5) of section 35 of the M8Social Security Pensions Act 1975 (earner’s guaranteed minimum), after the word “by” there shall be inserted the words “the same percentage as that prescribed for the increase of earnings factors by”.

(3)This paragraph shall be deemed to have come into force on 6th April 1979.

Textual Amendments

Marginal Citations

2The following section shall be inserted after section 60A of the Social Security Pensions Act 1975—

60B Guaranteed minimum pensions attributable in part to period before 1988–1989.

Where a guaranteed minimum pension is attributable in part to earnings factors for the period before the tax year 1988–1989 and in part to earnings factors for that tax year or for that tax year and subsequent tax years, the pension shall be calculated by applying section 60A above separately to the amount attributable to the period before the tax year 1988–1989 and to the amount attributable to that and subsequent tax years and then aggregating the two amounts so calculated.

Modifications etc. (not altering text)

C5The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

Part IIE+W+S Transfer Values

3In paragraph 12 of Schedule 1A to the Social Security Pensions Act 1975—

(a)in sub-paragraph (2), in the definition of “relevant date”, after the word “means” there shall be inserted the words “, subject to regulations under sub-paragraph (2C) below,”; and

(b)the following sub-paragraph shall be inserted after sub-paragraph (2B)—

(2C)Regulations —

(a)may provide that a right at the relevant date to the cash equivalent of any part of the benefits specified in sub-paragraph (1) above which but for regulations under the foregoing provisions of this paragraph a member would have on the termination of his pensionable service in an employment to which a scheme applies shall, if his employment terminates at least one year before normal pension age, accrue to him on the date when it terminates and be valued accordingly; and

(b)may substitute, in relation to any case to which the regulations apply—

(i)a new definition of the “relevant date” for the definition in sub-paragraph (2) above, and

(ii)a new definition of “the last option date” for the definition in paragraph 15(2) below.

Modifications etc. (not altering text)

C6The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

SCHEDULE 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14E+W+S

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

Section 16.

SCHEDULE 4U.K. MINOR AND CONSEQUENTIAL AMENDMENTS

Exemption from Income TaxU.K.

1U.K.The following paragraph shall be inserted after paragraph (a) of section 617(2) of the M9Income and Corporation Taxes Act 1988 (which specifies certain social security benefits which are not to be treated as income for the purposes of the Income Tax Acts)—

(aa)payments by way of an allowance under section 70 of the Social Security Act 1975 and section 70 of the Social Security (Northern Ireland) Act 1975;.

Modifications etc. (not altering text)

C7The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

Marginal Citations

Employment and TrainingU.K.

2U.K.The following subsection shall be substituted for section 12(2) of the M10Employment and Training Act 1973—

(2)It shall be the duty of each local education authority and the Commission to furnish the Secretary of State with such information in its possession as the Secretary of State may require as being information required in connection with the determination of questions relating to contributions or benefit under—

(a)the benefit Acts as defined in section 84(1) of the Social Security Act 1986;

(b)the Social Security Act 1988;

and any information falling to be furnished in pursuance of this subsection shall be furnished in such a form and at such times as the Secretary of State may direct.

Modifications etc. (not altering text)

C8The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

Marginal Citations

Social Security Act 1975U.K.

3–20U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

Other amendments of Social Security Act 1986U.K.

21U.K.The Social Security Act 1986 shall also be amended as follows.

Modifications etc. (not altering text)

C9The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

22In subsection (3) of section 17 (statutory provisions which may be modified as respects pension schemes)—

(a)the following paragraph shall be inserted after paragraph (d)—

(dd)the Water Act 1973;; and

(b)the following paragraph shall be added at the end—

(h)any Act which relates to the employment of persons by a harbour authority (“harbour authority” having the meaning assigned to it by section 57 (1) of the Harbours Act 1964)..

Modifications etc. (not altering text)

C10The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

23–30U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Section 16.

SCHEDULE 5U.K. Repeals

Modifications etc. (not altering text)

C11The text of s. 14(1) and (2), Sch. 2 paras. 2 and 3, Sch. 4 paras. 1 , 2, 21 and 22 and Sch. 5 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

1964 c. 60.Emergency Laws (Re-enactments and Repeals) Act 1964.Section 4.
1968 c. 46.Health Services and Public Health Act 1968.Section 61.
1975 c. 14.Social Security Act 1975.In section 45(2A), the words “is engaged in any one or more employments from which she”.
In section 45A(3), the words “is engaged in any one or more employments from which he”.
In section 46(4), the words “from employment by the pensioner”.
Section 47B(1)(b) and the word “and” immediately preceding it.
Section 59A(11).
In section 66, in subsection (3), the words “from any one or more employments” and in subsection (4), the words “is engaged in any one or more employments from which he or she”.
Section 69.
In Schedule 3, paragraph 1(4)(b), in paragraph 8(3), the words from “paragraph (b)” in the first place where those words occur, to “of”, in the fourth place where it occurs and paragraph 9.
1976 c. 36.Adoption Act 1976.Section 47(4) and (5).
1977 c. 49.National Health Service Act 1977.Section 5(3).
In Schedule 12, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2) and paragraph 5.
1978 c. 28.Adoption (Scotland) Act 1978.Section 41(3) to (5).
1978 c. 29.National Health Service (Scotland) Act 1978.Section 85(5).
In Schedule 11, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2).
1980 c. 30.Social Security Act 1980.In Schedule 1, paragraph 2.
1985 c. 53.Social Security Act 1985.Section 13(4)(a).
Section 14.
1986 c. 50.Social Security Act 1986.In section 20(6), the words “,beginning with the week in which a claim for it is made or is treated as made”.
Section 23(8).
In section 32, subsection (3), in subsection (4), the words “Social fund” and in subsection (8), the words “social fund”, in the second place where they occur and the words from “and” to the end.
In section 33(1), the words “social fund”.
In section 34(1)(a), the words “to him” and the words “social fund”, in the second place where they occur.
In section 50(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract”.
In section 51(2), the words “social fund”.
In section 52(6), the words “social fund”.
In section 53(10), the words “social fund”.
In section 63(7), the word “specified”, in the second place where it occurs.
In section 84(1), the definition of “social fund payment”.
In Schedule 3, paragraph 5(3) to (8) and paragraphs 9 and 11.
In Schedule 10, paragraph 45.

The repeal of section 69 of the M11Social Security Act 1975 is subject to paragraph 3 of Schedule 1 to this Act.

Marginal Citations

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