Social Security (Incapacity for Work) Act 1994

Part II E+W+S Amendments of the Administration Act and other enactments

Social Security Administration Act 1992 (c.5) E+W+S

46 In section 20(1) of the Social Security Administration Act 1992 (questions to be submitted to adjudication officer), for paragraph (c) (disqualification) substitute—

“(c) any question whether, if he otherwise had a right to it, a person would be disqualified under or by virtue of any provision of the Contributions and Benefits Act for receiving a benefit to which this section applies.”.

47 In section 25(1)(e) of the Social Security Administration Act 1992 (review of decisions) for “57(4) or (5)" substitute “ 25A(4) or (5) ”.

48 In section 27(2) of the Social Security Administration Act 1992 (supplementary provisions as to review: payments not to be affected), in paragraph (a) for “invalidity pension" substitute “ incapacity benefit ”.

49 E+W+S In section 130 of the Social Security Administration Act 1992 (duties of employers: statutory sick pay and claims for other benefits), in subsection (1) (claims for purposes of which information may be required)—

(a) for paragraph (a) substitute—

“(a) short-term incapacity benefit;”; and

(b) for paragraph (c) substitute—

“(c) long-term incapacity benefit;”.

50 E+W+S In section 132 of the Social Security Administration Act 1992 (duties of employers: statutory maternity pay and claims for other benefits), in subsection (1) (claims for purposes of which information may be required)—

(a) in paragraph (b) for “sickness benefit" substitute “ short-term incapacity benefit ”; and

(b) in paragraph (c) for “invalidity pension under section 33" substitute “ long-term incapacity benefit under section 30A ”.

51 E+W+S In section 170 of the Social Security Administration Act 1992 (Social Security Advisory Committee) in the definition of “relevant enactments" in subsection (5), for “and this Act" substitute “ , this Act and the Social Security (Incapacity for Work) Act 1994 ”.

52 E+W+S In section 191 of the Social Security Administration Act 1992 (interpretation: general), omit the definition of “invalidity benefit".

53 E+W+S In Schedule 2 to the Social Security Administration Act 1992 (supplementary provisions with respect to tribunals, &c.), in paragraph 7(2) (persons to whom remuneration and travelling and other allowances may be paid), after paragraph (a) insert—

“(aa) a person appointed as medical assessor to a social security appeal tribunal under regulations under section 61A(4) above; and”.

Employment Protection (Consolidation) Act 1978 (c.44) E+W+S

54 In paragraph 4(1)(b) of Schedule 3 to the Employment Protection (Consolidation) Act 1978 (rights of employee in period of notice: sickness or industrial injury benefit), for “sickness benefit" substitute “ short-term incapacity benefit ”.

Criminal Justice Act 1991 (c.53) E+W+S

55 E+W+S In section 24(4) of the Criminal Justice Act 1991 (recovery of fines, &c. by deduction from income support: interpretation), in the definition of “income support" for “sickness or invalidity" substitute “or incapacity".

Pension Schemes Act 1993 (c.48) E+W+S

56 (1) Section 46 of the Pension Schemes Act 1993 (effect of entitlement to guaranteed minimum pensions on payment of social security benefits) is amended as follows. E+W+S

(2) In subsection (1), for “, a widow’s pension or a widower’s invalidity pension" substitute “ or a widow’s pension ”.

(3) Omit subsection (2).

(4) For subsection (3) substitute—

“(3) Where for any period—

(a) a person is entitled to one or more guaranteed minimum pensions; and

(b) he is also entitled to long-term incapacity benefit under section 30A of the Social Security Contributions and Benefits Act 1992,

for that period an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions shall be deducted from any increase payable under regulations under section 30B(7) of that Act and he shall be entitled to such an increase only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.”.

(5) In subsection (6), omit paragraph (b)(i).

(6) In subsection (8), omit paragraph (a) and the word “and" immediately following it.

(7) Omit subsection (9).

57 E+W+S In section 47(1) of the Pension Schemes Act 1993 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 46), omit the words from “in any case" to “construed".

58 E+W+S In section 48(2) of the Pension Schemes Act 1993 (reduced benefits where minimum payments or minimum contributions paid), for “sections 34(4) and" substitute “ section ”.