The Social Security Act 1986 (Commencement No.7) Order 1987

Statutory Instruments

1987 No. 1096 (C. 28)

SOCIAL SECURITY

The Social Security Act 1986 (Commencement No.7) Order 1987

Made

25th June 1987

The Secretary of State for Social Services, in exercise of the powers conferred on him by section 88(1) of the Social Security Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following order:–

Citation and interpretation

1.—(1) This Order may be cited as the Social Security Act 1986 (Commencement No.7) Order 1987.

(2) In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.

Appointed days

2.—(1) The day appointed for the coming into force of:–

(a) Schedule 10, paragraph 94(b) (consultation about regulations) and section 86(1) so far as it relates to it;

(b) Schedule 10, paragraph 102 (attachment of earnings), and section 86(1) so far as it relates to it;

(c) the repeal in Schedule 11 and section 86(2) so far as it relates to it, of Schedule 4 of the Attachment of Earnings Act 1971(2) and Schedule 2 paragraph 44 of the Social Security (Consequential Provisions) Act 1975(3) (attachment of earnings); and

(d) the repeal in Schedule 11 and section 86(2) so far as it relates to it, of the reference to“7 or” in section 45(2)(a) (regulations) of the Social Security and Housing Benefits Act 1982(4),

is 26th June 1987.

(2) The day appointed for the coming into force of Schedule 10, paragraph 96 (child benefit claims and payments) and section 86(1) so far as it relates to it is 6th April 1988.

(3) The day appointed for the coming into force of paragraphs 8, 9 and 10 of Schedule 3 (abolition of industrial death benefit) and section 39 so far as it relates to those paragraphs is 10th April 1988.

(4) The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in the Schedule to this Order is 11th April 1988.

Signed by authority of the Secretary of State for Social Services.

Nicholas Scott

Minister of State,

Department of Health and Social Security

25th June 1987.

Article 2(4)

SCHEDULE

Provisions of the Social Security Act 1986	Subject Matter
Section 36	Widowhood
Section 51 for all purposes for which it is not already in force	Claims and payments
Section 65(1) to (3)	Reciprocal arrangements
Section 66 and Schedule 6	Pensioners' Christmas bonus
Section 78	Travelling expenses
Schedule 3 paragraphs 11 and 12 and section 39 so far as it relates to those pargraphs	Industrial death benefit
The following paragraphs of Schedule 10 and section 86(1) so far as it relates to those paragraphs–	Minor and consequential amendments
paragraphs 62 to 66, 67 in so far as it is not already in force, 69 and 70	(benefits under Social Security Act 1975)
paragraphs 85 and 96	(common provisions)
paragraph 101(a) in so far as it is not already in force	(tax)
paragraph 108 except in so far as it substitutes words for the reference in section 4(5) of the Forfeiture Act 1982(5) to the Family Income Supplements Act 1970(6) and Part I of the Supplementary Benefits Act 1976(7)	(forfeiture)
The following repeals in Schedule 11 and section 86(2) so far as it relates to those repeals–	Repeals
Pensioners and Family Income Supplement Payments Act 1972(8), the whole Act except section 3 and section 4 in so far as it refers to expenses attributable to section 3	(pensioners' Christmas bonus)
Pensioners' Payments and National Insurance Contributions Act 1972(9), the whole Act
Pensioners' Payments and National Insurance Act 1973(10), the whole Act, except section 7 and the Schedule to that Act
Pensioners' Payments Act 1974(11), the whole Act
Social Security Act 1975(12)–
(i) in section 12, in subsection (1), paragraph (h) and in subsection (2), the words“and widow’s allowance”	(widow’s allowance)
(ii) in section 13, in subsection (1) the entry relating to widow’s allowance and subsection (5)(a)
(iii) in section 25(3), the words“and for which she is not entitled to a widow’s allowance”
(iv) in section 26(3), the words“a widow’s allowance or,”
(v) section 41(2)(e) and (2C)	(child dependants)
(vi) section 50(2)	(industrial injuries benefit)
(vii) sections 67, 68 and 70 to 75	(industrial death benefit)
(viii) sections 79 to 81	(claims and payments)
(ix) in section 82, subsections (3) and (4) and subsection (6)(a)
(x) in section 84, subsection (3)	(persons maintaining dependants)
(xi) in section 88(a), the words from“or”, in the first place where it occurs to“prescribed”, in the third place where it occurs	(industrial injuries benefit)
(xii) in section 90, in subsection (2)(a), the words from“(including” to the end and in subsection (3), the references to sections 79 and 81
(xiii) in section 101(3)(c), the words“or, in relation to industrial death benefit, the deceased”	(death benefit)
(xiv) in Schedule 3, in Part II, in paragraph 8(2), in paragraph (a), the words“other than a widow’s allowance” and in paragraphs 9 and 10, the words“(other than a widow’s allowance)”	(widow’s allowance)
(xv) in Schedule 4, in Part I, paragraph 5, in Part IV, paragraph 4 and in Part V, paragraphs 6, 11, 13 and 15	(widow’s allowance and industrial injuries benefit)
(xvi) Schedule 9	(industrial death benefit)
(xvii) in Schedule 20, the definitions of“The deceased” and“Industrial death benefit”, in the definition of“Relative”, the references to section 66(8) and 72(6), in the definition of“Short-term benefit” the words“and widow’s allowance”	(interpretation)
Industrial Injuries and Diseases (Old Cases) Act 1975(13), in section 4(4), paragraph (c)(ii) and the word“or” immediately preceding it	(claims and payments)
Social Security (Consequential Provisions) Act 1975(14) in Schedule 3, paragraph 18	(industrial death benefit)
Social Security Pensions Act 1975(15), section 56K(4) and in Schedule 4, paragraph 51	(retirement pensions and occupational pension scheme)
Child Benefit Act 1975(16), section 6(2), (4) and (5), section 8 in so far as it is not already in force, in section 15(1), the words“relating to child benefit”, and in Schedule 4, paragraphs 3, 4, 6 and 27	(child benefit claims and payments)
Social Security (Miscellaneous Provisions) Act 1977(17), sections 9, 17(2) and in section 22, in subsection (2), the references to section 24(2) of the Social Security Act 1975	(industrial death benefit)
Pensioners' Payments Act 1977(18), the whole Act	(pensioners' Christmas bonus)
Pensioners' Payments Act 1978(19), the whole Act
Pneumoconiosis etc (Workers' Compensation) Act 1979(20), in section 2(3), the words“industrial death benefit under section 76 of the Social Security Act 1975, or”	(industrial death benefit)
Pensioners' Payments and Social Security Act 1979(21), the whole Act	(pensioners' Christmas bonus)
Social Security (No.2) Act 1980(22), in section 4(2), the words“and no earnings-related addition to a widow’s allowance”	(widow’s allowance)
Social Security and Housing Benefits Act 1982(23), section 44(1)(f) and in Schedule 4, paragraph 14	(pensioners' Christmas bonus and invalidity pension)
Health and Social Security Act 1984(24), section 22, in section 27(2), the words“22 and”, in Schedule 4, in paragraph 3 the entry relating to section 79 and paragraph 14, and in Schedule 5, paragraphs 5 and 6	(regulations and miscellaneous other subjects)
Social Security Act 1985(25), section 27(8)(e), in section 32(2), the words“section 15” and in Schedule 5, paragraph 6(a)	(regulations)

Explanatory Note

(This Note is not part of the Order)

Article 2(1) brings into force on 26th June 1987 the following provisions of the Social Security Act 1986:–

• Schedule 10, paragraph 94(b) (consultation with Occupational Pensions Board)

• Schedule 10, paragraph 102 (attachment of earnings) and

consequential repeals.

Article 2(2) brings into force on 6th April 1988 Schedule 10, paragraph 96 (child benefit claims and payments).

Article 2(3) brings into force on 10th April 1988 Schedule 3, paragraphs 8, 9 and 10 (abolition of industrial death benefit).

Article 2(4) brings into force on 11th April 1988 the provisions of the Social Security Act 1986 which are specified in the Schedule to the Order relating to:–

• section 36 (widowhood)

• section 51 (claims and payments)

• section 65(1) to (3) (reciprocal arrangements)

• section 66 and Schedule 6 (pensioners' Christmas bonus)

• section 78 (travelling expenses)

• Schedule 3, paragraphs 11 and 12 (industrial injuries and death)

and consequential amendments and repeals.

Note as to Earlier Commencement Orders

(This Note is not part of the Order)

Provisions	Date of Commencement	S.I. No
s.1	4.1.88	1987/543
s.2, Sch 1	1.5.87	1987/543
s.3	4.1.88	1987/543
s.4	4.1.88	1987/543
s.5	4.1.88	1987/543
s.6, Sch 6	6.4.88	1987/543
s.7	6.4.88	1987/543
s.8	1.11.86	1986/1719
s.9	6.4.88	1987/543
s.10	6.4.88	1987/543
s.11	6.4.87	1986/1719
s.12 (in certain respects)	4.1.88	1987/543
(in all other respects)	6.4.88	1987/543
s.13	1.5.87	1987/543
s.14	1.5.87	1987/543
s.15 (in certain respects)	4.1.88	1987/543
(in all other respects)	6.4.88	1987/543
s.16	1.11.86	1986/1719
s.17	1.5.87	1987/543
s.18(1)	6.4.87	1987/354
s.18(2) to (6)	6.4.88	1987/543
s.19	6.4.88	1987/543
s.27 (partially)	6.4.87	1986/1959
s.32 (partially)	6.4.87	1986/1959
s.38 (partially)	6.4.87	1986/1959
s.39, Sch 3 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1987/354
ss.40 and 41	6.4.87	1986/1959
s.42 (with saving)	5.10.86	1986/1609
ss.43 and 44	5.10.86	1986/1609
s.46 (partially)	15.3.87	1986/1959
(partially)	6.4.87	1986/1959
ss.47 and 48	6.4.87	1986/1959
s.49, Sch 4 (partially)	15.3.87	1986/1959
(partially)	6.4.87	1986/1959
s.50	6.4.87	1986/1959
s.51 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1986/1959
s.52, Sch 5 (with saving)	6.4.87	1986/1958
ss.53 to 60	6.4.87	1986/1959
s.62	1.10.86	1986/1609
s.67 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1986/1959
ss.68 and 69	6.4.87	1986/1959
s.71 (partially)	1.10.86	1986/1609
s.73, Sch 7 (partially)	6.4.87	1986/1959
s.75, Sch 8	6.4.87	1986/1959
s.79 (partially)	6.4.87	1986/1959
(partially)	1.5.87	1987/543
s.80 (partially)	6.4.87	1986/1959
(partially)	1.5.87	1987/543
s.82, Sch 9	6.4.87	1986/1958
s.86(1), Sch 10 (partially)	1.10.86	1986/1609
(partially)	1.11.86	1986/1719
(partially)	6.4.87	1986/1719
(partially)	6.4.87	1986/1959
(partially)	6.4.87	1987/354
(partially)	1.5.87	1987/543
(partially)	4.1.88	1987/543
(partially)	6.4.88	1987/543
s.86(2), Sch 11 (partially)	1.10.86	1986/1609
(partially)	5.10.86	1986/1609
(partially)	1.11.86	1986/1719
(partially)	6.4.87	1986/1959
(partially)	7.4.87	1986/1959
(partially)	6.4.87	1987/354
(partially)	4.1.88	1987/543
(partially)	6.4.88	1987/543

(1)

1986 c. 50; section 83(1) provides for section 166(1) to (3A) of the Social Security Act 1975 (c. 14) (extent of powers) to apply to the powers conferred by section 88(1).

(2)

1971 c. 32.

(3)

1975 c. 18.

(4)

1982 c. 24.

(5)

1982 c. 34.

(6)

1970 c. 55.

(7)

1976 c. 71.

(8)

1972 c. 75.

(9)

1972 c. 80.

(10)

1973 c. 61.

(11)

1974 c. 54.

(12)

1975 c. 14.

(13)

1975 c. 16.

(14)

1975 c. 18.

(15)

1975 c. 60.

(16)

1975 c. 61.

(17)

1977 c. 5.

(18)

1977 c. 51.

(19)

1978 c. 58.

(20)

1979 c. 41.

(21)

1979 c. 48.

(22)

1980 c. 39.

(23)

1982 c. 24.

(24)

1984 c. 48.

(25)

1985 c. 53.