Social Security Act 1988

E+W+S

1–8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–8, 10, 11, 17, words in s. 18(2); Sch. 1; Sch. 2 para. 1(1), Sch. 3; Sch. 4 paras. 3–20, 23–30 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 E+W+S

Textual Amendments

F2 Ss. 1–8, 10, 11, 17, words in s. 18(2); Sch. 1; Sch. 2 para. 1(1), Sch. 3; Sch. 4 paras. 3–20, 23–30 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

Up-rating E+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 M1 Social Security Benefits Up-rating (No. 2) Order 1987;

(b) the M2 Occupational Pensions (Revaluation) Order 1987.

Marginal Citations

M1 S.I. 1987, No. 1978.

M2 S.I. 1987, No. 1981.

Welfare foods E+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 the M3 Social Security Act 1975 (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

Textual Amendments

F3 S. 13(7)(8) repealed (13.7.1990) by Social Security Act 1990 (c. 27), s. 21(1)(2), Sch. 6 para. 8(11)(a), Sch. 7

Marginal Citations

M3 1975 c. 14.

Remission of Health Service charges and payment of travelling expenses E+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 M4 National 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 M5 National 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)

C1 The 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

M4 1977 c. 49.

M5 1978 c. 29.

General and supplementary U.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 [F4 section 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

F4 Words in s. 15(2) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 95

[F5 15A.— Regulations and orders etc. E+W+S

(1) [F6 Section 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.]

Textual Amendments

F5 S. 15A inserted (13.7.1990) by Social Security Act 1990 (c. 27), Sch. 6 para. 8(10)

F6 Words in s. 15A(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 96

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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 U.K.

Textual Amendments

F7 Ss. 1–8, 10, 11, 17, words in s. 18(2); Sch. 1; Sch. 2 para. 1(1), Sch. 3; Sch. 4 paras. 3–20, 23–30 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

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—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 ,

• 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 M6 Social Security Act 1980; and

(c) to section 13(4)(a) of the M7 Social 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 . . . F9 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 . . . F9 make—

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

Textual Amendments

F8 Ss. 1–8, 10, 11, 17, words in s. 18(2); Sch. 1; Sch. 2 para. 1(1), Sch. 3; Sch. 4 paras. 3–20, 23–30 repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6)

F9 Words in s. 18(3)(4) repealed (13.7.1990) by Social Security Act 1990 (c. 27), Sch. 6 para. 8(11)(b), Sch. 7

F10 S. 18(7)(8) repealed (13.7.1990) by Social Security Act 1990 (c. 27), Sch. 6 para. 8(11)(c), Sch. 7

Modifications etc. (not altering text)

C2 Power 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

M6 1980 c. 30.

M7 1985 c. 53.

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 M8 Social Fund (Maternity and Funeral Expenses) Act 1987 as the Social Security Acts 1975 to 1988.

Marginal Citations

M8 1987 c. 7.