Social Security Act 1990

1990 CHAPTER 27

An Act to amend the law relating to social security and to occupational and personal pension schemes; to establish and confer functions on a Pensions Ombudsman and a Registrar of Occupational and Personal Pension Schemes; to make provision for the payment of grants for the improvement of energy efficiency in certain dwellings; and for purposes connected therewith.

[13th July 1990]

Modifications etc. (not altering text)

C1 Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

C2 The base date version of this Act is revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force at that date

Benefits E+W+S

1–5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 E+W+S

Textual Amendments

F1 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

6 Late claims for widowhood benefits where death is difficult to establish. U.K.

(1)–(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4) The M1 Social Security (Widow’s Benefit) Transitional Regulations 1987 shall have effect with the insertion in regulation 2, at the end of paragraph (b), of the words—

“; and

(c) any reference in section 165C of the 1975 Act to widow’s payment included a reference to widow’s allowance, together with any increase under section 41(2)(e) of that Act.”

(5) The amendment by subsection (4) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision.

Textual Amendments

F2 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Modifications etc. (not altering text)

C3 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

M1 S.I. 1987/1692.

7 Recovery from damages etc of sums equivalent to benefit: further provision. U.K.

The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.

8–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3 E+W+S

Textual Amendments

F3 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Occupational and personal pensions etc. E+W+S

F4 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F4 S. 11 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (subject to the transitory modification as regards s. 11(1)(2) in Sch. 9 para. 1 of that Act); S.I. 1994/86, art. 2

12 The Pensions Ombudsman. E+W+S

F5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 S. 12(1) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

F6 S. 12(2) repealed (1.10.1992) by Tribunals and Enquiries Act 1992 (c. 53), ss. 18(2), 19(2), Sch. 4 Pt. 1

F7 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F7 S. 13 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

F8 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F8 S. 14 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

Energy efficiency in certain dwellings etc. U.K.

15 Grants for the improvement of energy efficiency in certain dwellings etc. U.K.

(1) The Secretary of State may make or arrange for the making of grants—

(a) towards the cost of carrying out work—

(i) for the purpose of improving the thermal insulation of dwellings, or

(ii) otherwise for the purpose of reducing or preventing the wastage of energy in connection with space or water heating in dwellings; and

(b) where any such work is, or is to be, carried out, towards the cost of providing persons with advice relating to thermal insulation or to the economic and efficient use of domestic appliances or of facilities for lighting, or for space or water heating, in dwellings;

but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.

(2) The regulations may make provision with respect to—

(a) the descriptions of dwelling and work in respect of which a grant under subsection (1)(a) above may be made;

(b) the nature and extent of the advice with respect to the provision of which grants under subsection (1)(b) above may be made;

(c) the descriptions of person from whom an application for a grant under subsection (1)(a) or (b) above may be entertained;

(d) the persons to whom such an application is to be made;

(e) the payment of such grants to persons other than the applicant;

(f) the conditions on which such a grant may be made.

(3) The regulations—

(a) may specify or make provision for determining the amount or maximum amount of any grant under this section; and

(b) may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down from time to time by a prescribed person) if it is to be eligible for a grant under subsection (1)(a) above.

(4) Subsections (1) to (3) above shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.

(5) The Secretary of State may delegate any of his functions in relation to grants under this section to such persons or bodies of persons as he may determine, and may pay to any person or body of persons to whom functions are so delegated, or upon whom functions are otherwise conferred under or by virtue of this section, such fees as may be agreed.

(6) Without prejudice to the generality of the powers conferred by this section, the regulations may make provision for any of the following matters, that is to say—

(a) for appointing for any particular area a person or body of persons (an “administering agency”) to perform in that area such functions as the Secretary of State may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);

(b) for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down from time to time by a prescribed person), and register as the network installer for any particular locality within their area, a person or body of persons capable of carrying out, or arranging for the carrying out of, work in respect of which grants under subsection (1)(a) above may be made, to perform in that locality such functions as the Secretary of State or that agency may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);

(c) for the allocation by the Secretary of State to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this section in that period, and for the re-allocation of any sums so allocated;

(d) for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this section which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.

(7) The provision that may be made in regulations by virtue of subsection (6) above includes provision—

(a) for the making of appointments, or the conferring of functions, under that subsection to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;

(b) for terminating any appointment as an administering agency or any registration as a network installer;

(c) for conferring upon network installers the exclusive right to apply for grants by virtue of subsection (4) above;

(d) for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.

(8) The power to make regulations under this section shall be exercisable by statutory instrument made with the consent of the Treasury; and any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

(9) Regulations under this section—

(a) may make different provision with respect to any labour involved, materials used or other items comprised in the carrying out of work; and

(b) may make different provision for different cases and different areas.

(10) In this section—

• “functions” means powers and duties and includes the exercise of a discretion with respect to any matter;

• “prescribed” means specified in, or determined in accordance with, regulations under this section.

(11) Sections 252 and 253 of the M2 Housing (Scotland) Act 1987 (grants for thermal insulation) shall cease to have effect.

Marginal Citations

M2 1987 c. 26.

Financial provisions U.K.

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

17 Interest and penalties in respect of certain contributions 1989 c. 26. U.K.

(1)–(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

(10) In section 178 of the M3 Finance Act 1989 (rates of interest) in subsection (2), after paragraph (g) there shall be inserted—

“(gg) paragraph 5 of Schedule 1 to the Social Security Act 1975,”.

Textual Amendments

F10 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation.

S. 17(8)-(9) expressed to be repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 3, Sch. 1

Commencement Information

I1 S. 17(10) wholly in force at 6.4.1992 see s. 23(2) and S.I. 1992/632, art. 2

Marginal Citations

M3 1989 c. 26.

18 General financial provisions. 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 [F11 paragraphs 2] and 27 of Schedule 6 excluding any category of expenses or payments 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 the sums so payable by virtue of any other Act.

Textual Amendments

F11 Words in s. 18(2) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 110

General and supplementary provisions U.K.

19 Regulations and orders. U.K.

(1) Subject to the following provisions of this section, [F12 section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992] shall apply in relation to any power conferred by any provision of this Act, other than section 15, to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, 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 regulations or orders under this Act, other than regulations under section 15 above or orders under section 23 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) A power conferred by this Act to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

Textual Amendments

F12 Words in s. 19(1) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 111

20 Interpretation. E+W+S

In this Act, unless the context otherwise requires—

• “the 1973 Act” means the M4 Social Security Act 1973;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

• “the Pensions Act” means the M5 Social Security Pensions Act 1975;

• “prescribe”, except in section 15, means prescribe by regulations;

• “the principal Act” means the M6 Social Security Act 1975;

• “regulations” means regulations made by the Secretary of State.

Textual Amendments

F13 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Marginal Citations

M4 1973 c. 38.

M5 1975 c. 60.

M6 1975 c. 14.

21 Minor and consequential amendments and repeals. U.K.

(1) The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

(2) The enactments mentioned in Schedule 7 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

(3) The Secretary of State may by regulations 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 repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

Commencement Information

I2 S. 21 partly in force; s. 21(3) in force at Royal Assent see s. 23(2)(3); s. 21(1) in force for specified purposes at 1.4.1991 and 6.4.1991 by S.I. 1991/558 art. 2(b)-(d); s. 21(2) in force for further specified purposes at 9.6.1997 by S.I. 1997/1370, art. 2

22 Provision for Northern Ireland. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

F15 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

F15 S. 22(2)(3) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

23 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Social Security Act 1990; and this Act, other than section 15, and the Social Security Acts 1975 to 1989 may be cited together as the Social Security Acts 1975 to 1990.

(2) Apart from the provisions specified in subsection (3) below, this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.

(3) The provisions referred to in subsection (2) above are the following—

(a) sections 3(6), 5, 6, 7, 10, 15, other than subsection (11), 16(1), (4) to (8) and (10), 18, 19, 20, 21(3), 22 and this section;

(b) Schedule 1;

(c) paragraphs 6, 8, 9 and 15 of Schedule 4 (and section 14 so far as relating to those provisions);

(d) paragraphs 2 to 9, 12 to 15, 17, 18, 19, 21, 26, 27 and 30 of Schedule 6 (and section 21 so far as relating to those provisions);

(e) the amendments in that Schedule to the extent that they are consequential on any provision specified in paragraphs (a) to (d) above (and section 21 so far as relating to any such amendments); and

(f) the repeals in Schedule 7 to the extent that they are consequential on any provision specified in paragraphs (a) to (e) above (and section 21 so far as relating to those repeals).

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

(5) The following provisions of this Act extend to Northern Ireland, namely—

F16 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F17 . . . this section;

(c) paragraph 5(1) and (3) of Schedule 1;

F18 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and paragraph 5(4) of Schedule 1 extends to Northern Ireland only.

(6) Except as provided by this section, this Act does not extend to Northern Ireland.

Subordinate Legislation Made

P1 S. 23(2) power partly partly exercised by S.Is. 1990/1446, 1990/1942, 1991/558

S. 23(2) power partly exercised (21.5.1997): 9.6.1997 appointed for specified provisions by S.I. 1997/1370, art. 2

S. 23(2) power partly exercised (10.3.1992): 6.4.1992 appointed for specified provisions by S.I. 1992/632.

S. 23(2) power partly exercised (26.6.1992): 29.6.1992 appointed for specified provisions by S.I. 1992/1532.

Textual Amendments

F16 S. 23(5)(a) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

F17 Words in s. 23(5)(b) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

F18 S. 23(5)(d) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

Modifications etc. (not altering text)

C4 Power of appointment conferred by s. 23(2) partly exercised: S.I. 1990/1446, 1942; 1991/558; 1992/632, 1532

SCHEDULES

Section 7.

SCHEDULE 1 U.K. Amendments Relating to the Recovery from Damages etc of Sums Equivalent to Benefit

E+W+S

1–4 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Textual Amendments

F19 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Interaction with the Northern Ireland scheme U.K.

5 (1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20 U.K.

(3) In section 33(6) of that Act (provisions extending to Northern Ireland) after the words “and this section” there shall be inserted the words “ and paragraph 20A of Schedule 4 ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

Textual Amendments

F20 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

F21 Sch. 1 para. 5(4) repealed (1. 7. 1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (c. 9)

Modifications etc. (not altering text)

C5 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

U.K.

6 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Textual Amendments

F22 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Law Reform (Personal Injuries) Act 1948 (c. 41) U.K.

7 U.K. In section 2(1) of the Law Reform (Personal Injuries) Act 1948 (half of certain benefits to be brought into account in assessing damages) for the word “him” there shall be substituted the words “ the injured person ”.

Modifications etc. (not altering text)

C6 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

F23 SCHEDULE 2 E+W+S

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

Textual Amendments

F23 Sch. 2 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5Pt. I (subject to the transitory modifications as regards s. 11(2) in Sch. 9 para. 1 of that Act); S.I. 1994/86, art. 2

F24 SCHEDULE 3 E+W+S

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

Textual Amendments

F24 Sch. 3 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

F25 SCHEDULE 4 E+W+S

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

Textual Amendments

F25 Sch. 4 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (subject to the transitory modifications as regards Sch. 4 para. 7(1)-(3) contained in Sch. 9 para. 1 of that Act); S.I. 1994/86, art. 2

SCHEDULE 5 E+W+S . . . F26

Textual Amendments

F26 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Section 21(1).

SCHEDULE 6 U.K. Minor and Consequential Amendments

Orders increasing contributions E+W+S

1 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27

Textual Amendments

F27 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Contributions of registered dock workers U.K.

2 (1) In section 4(7) of the principal Act (reduced contributions for certain persons) the reference to section 145 of the M8 Employment Protection (Consolidation) Act 1978 (which related to registered dock workers and which was repealed by the Dock Work Act 1989 as from 3rd July 1989) shall be omitted. U.K.

(2) Notwithstanding the repeal of section 145 of the said Act of 1978 or of the reference to it in section 4(7) of the principal Act, regulation 133 of the Contributions Regulations (reduced rate of contributions for registered dock workers) shall continue to have effect, and be taken to have continued to have had effect at all times on and after 3rd July 1989, in relation to earnings paid or treated as paid before 6th April 1988 as it had effect by virtue of regulation 4 of the 1988 Regulations (which continues in force accordingly).

(3) Nothing in this paragraph shall be taken to have prejudiced any power to amend or revoke the regulations to which it refers.

(4) In this paragraph—

• “the Contributions Regulations” means the Social Security (Contributions) Regulations 1979; and

• “the 1988 Regulations” means the M9 Social Security (Contributions) Amendment Regulations 1988.

Marginal Citations

M8 1978 c. 44.

M9 S.I. 1988/299.

U.K.

3 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Textual Amendments

F28 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Regulations relating to industrial injuries and diseases U.K.

4 (1),(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F29 U.K.

(3) Regulations 6(2)(c), 25 and 36 of the M10 Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (onset of occupational deafness and time for claiming in respect of occupational deafness or occupational asthma), and any former regulations which they directly or indirectly re-enact with or without amendment, shall be taken to be, and always to have been, validly made.

Textual Amendments

F29 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Marginal Citations

M10 S.I. 1985/967.

U.K.

5–7 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Textual Amendments

F30 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Parliamentary control of regulations and orders U.K.

8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

(2) In section 62 of the Pensions Act, for subsections (1) and (2) there shall be substituted—

“(1) Section 167 of the principal Act shall have effect as if, in subsection (1) (statutory instruments requiring affirmative parliamentary procedure), there were included in paragraph (a) a reference to regulations made by virtue of section 3 above.

(2) Subsection (3) of the said section 167 (statutory instruments subject to annulment) shall have effect as if in paragraph (a), after the words “other than” there were inserted the words “ an order which, under any provision of the Pensions Act, is required to be laid before Parliament after being made or ””.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(4) In section 24(5) of the M11 Social Security (Miscellaneous Provisions) Act 1977 for the words “containing regulations” there shall be substituted—

“(a) which contains (whether alone or with other provisions) any regulations, 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,”.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(6) In section 7 of that Act, for subsection (4) there shall be substituted—

“(4) A statutory instrument—

(a) which contains (whether alone or with other provisions) any regulations under this Act, 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.”

(7),(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(9) In section 83 of the 1986 Act, for subsection (4) there shall be substituted—

“(4) A statutory instrument—

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

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

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

(10) After section 15 of the M12 Social Security Act 1988 there shall be inserted the following section—

“15A Regulations and orders etc.

(1) Section 166(1) to (3A) of the Social Security Act 1975 (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.”

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31

(12) In section 29 of the 1989 Act, for subsection (3) there shall be substituted—

“(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) any regulations or orders under this Act, other than orders under section 33 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.”;

and, in consequence, subsection (4) shall cease to have effect.

Textual Amendments

F31 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Modifications etc. (not altering text)

C7 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

M11 1977 c. 5.

M12 1988 c. 7.

E+W+S

9–12 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Re-establishment courses and resettlement units U.K.

13 (1) In Schedule 5 to the M13 Supplementary Benefits Act 1976, paragraph 1 (power to provide re-establishment courses and facilities for persons attending them) shall cease to have effect. U.K.

(2) For paragraph 4 of that Schedule (power of Secretary of State to make contributions to voluntary organisations which provide re-establishment courses or resettlement units) there shall be substituted—

“ Grants for voluntary organisations providing places U.K.

4 (1) The Secretary of State may, upon such terms and subject to such conditions as he may determine, give assistance by way of grant to any local authority or voluntary organisation which provides places for purposes similar to the purposes for which resettlement units are provided by the Secretary of State.

(2) In this paragraph “local authority” means the council of a county, a district, a region, an islands area or a London borough, or the Common Council of the City of London.”

Modifications etc. (not altering text)

C8 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

M13 1976 c. 71.

E+W+S

14–26 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

Textual Amendments

F33 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Benefits for women widowed before 11th April 1988 U.K.

27 (1) The M14 Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 shall have effect, and be taken always to have had effect, with the substitution for regulations 3 and 4 (transitional provisions about widowed mother’s allowance where the husband died before 11th April 1988, which were retrospectively amended by section 6(2) of the 1989 Act, and savings) of the following— U.K.

“3 Regulation 16(1) of the principal Regulations shall apply to a widow whose late husband died before 11th April 1988 as if regulation 2(6) above had not been made.”

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(3) Where, in consequence of regulation 2(6) of the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 (deemed entitlement to child allowance for purposes of widowed mother’s allowance etc), an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either—

(a) is not entitled to a benefit under section 25 or 26 of the principal Act, or

(b) is entitled to such a benefit at a particular rate,

an adjudication officer may review that decision, notwithstanding anything in [F35 section 25 of the Social Security Administration Act 1992].

(4) In any case where—

(a) it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and

(b) the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,

the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.

(5) [F36 Section 28 of the Social Security Administration Act 1992] (appeals from reviews) shall apply in relation to a review under this paragraph as it applies in relation to a review under that section.

(6) In this paragraph “adjudicating authority” means—

(a) an adjudication officer;

(b) a social security appeal tribunal;

(c) a Commissioner, as defined in Schedule 20 to the principal Act.

(7) The amendment by sub-paragraph (1) above of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.

(8) Nothing in this paragraph shall be taken to prejudice section 16 or 17 of the M15 Interpretation Act 1978 (effect of repeals, substitutions etc).

Textual Amendments

F34 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

F35 Words in Sch. 6 para. 27(3) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 112(1)

F36 Words in Sch. 6 para. 27(5) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2 para. 112(2)

Marginal Citations

M14 1987/1854.

M15 1978 c. 30.

E+W+S

28 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

Textual Amendments

F37 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Employment related schemes for pensions or other benefits: equal treatment for men and women U.K.

29 U.K. In Schedule 5 to that Act, in paragraph 5 (unfair maternity provisions) in sub-paragraph (2)(a), after the word “women” there shall be inserted the word “ members ”.

E+W+S

30 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38

Textual Amendments

F38 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Joint citations U.K.

31 U.K. In the following enactments, for the words “the Social Security Acts 1975 to 1989” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1990”—

(a),(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39

(c) section 4(5) of the M16 Forfeiture Act 1982;

(d) section 5(1)(a) of the M17 Social Security Act 1985;

(e) paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.

Textual Amendments

F39 Ss. 1–5, 6(1)–(3), 8–10, 16, 17(1)–(9), words in s. 20, s. 22(1); Sch. 1 paras. 1–4, 5(1) and (2), 6; Sch. 5; Sch. 6, paras. 1, 3, 4(1) and (2), 5–7, 8(1), (3), (5), (7), (8) and (11), 9–12, 14–26, 27(2), 28, 30, 31(a) and (b) were repealed (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation

Modifications etc. (not altering text)

C9 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

M16 1982 c. 34.

M17 1985 c. 53.

Section 21(2).

SCHEDULE 7 U.K. Repeals

Modifications etc. (not altering text)

C10 The text of ss. 6(4), 11(1), 12(2), 13(1)(2), Sch. 1 paras. 5(3), 7, Sch. 2, Sch. 3, Sch. 4 paras. 1–5, 8(2)–(8), 9(1)–(3), 10–15, Sch. 6 paras. 8(2)(4)(6)(9)(10)(12), 13(1)(2), 29, 31 and Sch. 7 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

Commencement Information

I5 Sch. 7 partly in force; Sch. 7 in force for certain purposes at Royal Assent see s. 23(3)(f); Sch. 7 in force for specified purposes at 9.6.1997 by S.I. 1997/1370, art. 2

Chapter	Short title	Extent of repeal
1975 c. 14.	Social Security Act 1975.	Section 1(1)(c) and the word “and” immediately preceding it.
		In section 4(7), the words “145”.
		In section 59B—
		(a) in subsection (1), the words from “and may become” onwards;
		(b) in subsection (3), the words “Unless he returns to regular employment”;
		(c) subsection (4);
		(d) in subsection (7)(b), the words “or returned to”; and
		(e) in subsection (8), the words “or as not having returned to”, “as having returned to, or” and “or returned to”.
		In section 135(5), the word “and” at the end of paragraph (a).
1975 c. 14.cont.	Social Security Act 1975cont.	In section 137(1) and (2), the words “and the Old Cases Act”.
		In section 152(6), the words “the Treasurysupplements and”.
1975 c. 16.	Industrial Injuries and Diseases (Old Cases) Act 1975.	Section 13.
1975 c. 60.	Social Security Pensions Act 1975.	In section 32(2B)(d)(i), the word “and”.
		In section 33(2), the words “and (4)”.
		Section 41A(1A) and (1B).
		Section 41C(3)(a)(ii).
		Sections 56B to 56D.
		Section 56E(1)(c).
		Sections 56F to 56K.
		In section 56L—
		(a) in subsection (1), in paragraph (a), the words “or (c)” and paragraph (b);
		(b) in subsection (5), paragraph (b) and, in paragraph (c) the words “or the registrar”; and
		(c) subsection (9).
		Sections 56M and 56N.
		In Schedule 1A—
		(a) in paragraphs 1(1)(b), 2(2)(d) and 11(1)(b), sub-paragraph (ii) and the word “or” immediately preceding it;
		(b) in paragraphs 1(4) and 11(2), the words “ “relevant employ-ment””;
		(c) in paragraph 7(4), in paragraph (a), the word “and” immediately preceding sub-paragraph (iii), and paragraph (b); and
		(d) paragraph 12(1)(b) and the word “or” immediately preceding it.
1976 c. 71.	Supplementary Benefits Act 1976.	In Schedule 5, paragraph 1.
1977 c. 5.	Social Security (Miscellaneous Provisions) Act 1977.	Section 1(7)(b).
1977 c. 49.	National Health Service Act 1977.	In Schedule 15, paragraph 71.
1978 c. 29.	National Health Service (Scotland) Act 1978.	In Schedule 16, paragraph 44.
1979 c. 18.	Social Security Act 1979.	Section 4(2)(b).
1980 c. 30.	Social Security Act 1980.	In Schedule 1, paragraph 15.
		In Schedule 2, in Part I, paragraph 31(b), (c) and (h).
1982 c. 24.	Social Security and Housing Benefits Act 1982.	Section 46(3).
1985 c. 53.	Social Security Act 1985.	Section 27(3) and (4).
		Section 31(1).
		Section 32(4).
		In Schedule 5, paragraphs 12, 22 and 35.
1986 c. 50.	Social Security Act 1986.	In section 33(10A), the word “and” immediately preceding paragraph (e).
		In section 79, in subsection (4), the words “Subject to subsection (5) below” and subsection (5).
		Section 85(4)(a).
		In Schedule 6—
		(a) in paragraph 3, sub-paragraphs (2)(a)(ii) and (iii); and
		(b) in sub-paragraph (3), paragraph (d) and the word “or” immediately preceding it.
		In Schedule 10, paragraphs 68(1), 78 and 89.
1987 c. 26.	Housing (Scotland) Act 1987.	Sections 252 and 253.
1988 c. 7.	Social Security Act 1988.	Section 2(8) and (8A).
		Section 13(7) and (8).
		In section 18, in subsections (3) and (4), the words “made by statutory instrument” and subsections (7) and (8).
1989 c. 24.	Social Security Act 1989.	Section 6(2).
		In section 22(3), in the definition of “relevant period”, the words from “whether or not” onwards.
		Section 29(4).
		In Schedule 1, paragraph 8(3), (4) and (7).
		In Schedule 2, in Part II, paragraph 1(2) and in paragraph 4(b) the words “as defined in paragraph 1(2) above”.
		In Schedule 3, paragraph 16.
		In Schedule 6, paragraphs 6, 7 and 8(1)(a).
1989 c. 24.cont.	Social Security Act 1989cont.	In Schedule 8, in paragraph 2(6), in the definition of “councillor’s allowance”, in the paragraph (a) substituted by paragraph 113 of Schedule 11 to the Local Government and Housing Act 1989 the words “or in section 18(2) of that Act of 1989” and, in the paragraph (b) so substituted, the words “other than such an allowance as is mentioned in section 18(2) of that Act of 1989” and paragraph 8(2).
		In Schedule 9, the entry relating to section 41C(3)(a)(ii) of the Pensions Act.