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(2) The following section shall be inserted after section 75 of the [1978 c. 29.] National Health Service (Scotland) Act 1978—
(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.”
(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 sections 2, 6, 7, 9 and 10 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.
(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.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House.
(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—
section 1;
section 2 (3);
section 8;
section 10;
section 12;
section 15;
section 16(1), so far as it relates to sections 17, 44 to 47, 59A and 66 of the [1975 c. 14.] Social Security Act 1975, and sections 29 and 33 of the [1986 c. 50.] Social Security Act 1986 and to the insertion of subsection (7A) in section 53 of that Act;
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 [1980 c. 30.] Social Security Act 1980; and
(c) to section 13(4)(a) of the [1985 c. 53.] 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 made by statutory instrument 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 made by statutory instrument 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) Section 166(1) to (3A) of the Social Security Act 1975 shall apply to the power to make regulations conferred by subsection (4) above as they apply to any power to make regulations conferred by that Act but as if for references to that Act there were substituted references to subsection (4) above.
(8) A statutory instrument containing regulations under subsection (4) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(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.
(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 [1987 c. 7.] Social Fund (Maternity and Funeral Expenses) Act 1987 as the Social Security Acts 1975 to 1988.
Social Security Act 1988