SCHEDULE 6 continued
15 (1) In subsection (1A) of section 7 of the 1982 Act (rates of statutory sick pay: power by regulations to substitute alternative provisions for subsection (1)(a) to (c) and to make consequential amendments)—
(a) for the word “regulations” there shall be substituted the word “order”; and
(b) in paragraph (a), for the words “subsection (1)(a) to (c) above” there shall be substituted the words “the paragraphs of subsection (1) above”.
(2) In subsection (1B) of that section (regulations under subsection (1A) to be subject to affirmative parliamentary procedure) for the word “regulations” there shall be substituted the words “an order”.
16 In section 26 of the 1982 Act (interpretation) after subsection (5) (which confers power to treat two or more contracts of employment as one) there shall be inserted—
“(5A) Where, in consequence of the establishment of one or more National Health Service trusts under Part I of the [1990 c. 19.] National Health Service and Community Care Act 1990 or the National Health Service (Scotland) Act 1978, a person’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, regulations may make provision enabling him to elect for all of those contracts to be treated as one contract for the purposes of this Part of this Act or of such provisions of this Part of this Act as may be prescribed; and any such regulations may prescribe—
(a) the conditions that must be satisfied if a person is to be entitled to make such an election;
(b) the manner in which, and the time within which, such an election is to be made;
(c) the persons to whom, and the manner in which, notice of such an election is to be given;
(d) the information which a person who makes such an election is to provide, and the persons to whom, and the time within which, he is to provide it;
(e) the time for which such an election is to have effect;
(f) which one of the person’s employers under the two or more contracts is to be regarded for the purposes of statutory sick pay as his employer under the one contract;
and the powers conferred by this subsection are without prejudice to any other power to make regulations under this Part of this Act.”
17 (1) Section 23 of the 1986 Act (income support and trade disputes etc) shall be amended in accordance with sub-paragraphs (2) and (3) below.
(2) For subsection (6) (meaning of “relevant sum”) there shall be substituted—
“(6) Subject to subsection (7) below, “the relevant sum” for the purposes of subsection (5) above shall be £19.50.”
(3) For paragraph (a) of subsection (7) (annual increase of the relevant sum by reference to the percentage increase in applicable amounts under the up-rating order) there shall be substituted—
“(a) increasing that sum by the percentage by which the personal allowance under paragraph 1(1) of Part I of Schedule 2 to the [S.I. 1987/1967.] Income Support (General) Regulations 1987 for a single person aged not less than 25 has been increased by the order; and”.
18 In section 28 of the 1986 Act, in subsection (1)(b) (housing benefit in respect of certain payments to housing authorities to take the form of a rent rebate) after the words “rent rebate” there shall be inserted the words “,or, in prescribed cases, of a rent allowance,” and after subsection (5) of that section there shall be inserted—
“(5A) The cases that may be prescribed under subsection (1)(b) above do not include any case where the payment in respect of which the housing benefit is granted is a payment in respect of a dwelling which, within the meaning of Part VI of the [1989 c. 42.] Local Government and Housing Act 1989, is a house or other property of an authority within the authority’s Housing Revenue Account.”
19 (1) In section 30 of the 1986 Act (housing benefit finance), after subsection (2) there shall be inserted—
“(2ZA) Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (2)(a) or (b) above may not be determined by reference to—
(a) an authority’s expenditure in respect of any housing benefit, or in respect of any rebate or allowance within the meaning of the [1982 c. 24.] Social Security and Housing Benefits Act 1982, granted during any previous year; or
(b) any subsidy under this section or that Act paid to an authority in respect of any previous year.”
(2) In subsection (2A) of that section (things which the Secretary of State may do by reference to determinations of rent officers)—
(a) after the words “the Secretary of State—” there shall be inserted—
“(za) may provide for any calculation under paragraph (a) of subsection (2) above to be made,”; and
(b) in paragraph (a), for the words “paragraph (a) of subsection (2) above” there shall be substituted the words “that paragraph”.
20 In section 31A(1)(b) and (2)(b) of the 1986 Act (which provides that community charge benefit may take the form of a reduction in the amount of the charge which a person is liable to pay in respect of the relevant chargeable financial year)—
(a) for the words “is liable” there shall be substituted the words “is or becomes liable”; and
(b) after the word “relevant” there shall be inserted the words “,or any subsequent,”.
21 (1) In section 31F of the 1986 Act, for subsection (3) (amount by reference to which community charge benefit subsidy is to be calculated) there shall be substituted—
“(3) Any calculation under subsection (2) above shall be made by reference to the total amount of the community charge benefits allowed by the authority during the year with any additions specified in the order but subject to any deductions so specified.”
(2) After subsection (5) of that section there shall be inserted—
“(5A) Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (3) or (4) above may not be determined by reference to—
(a) an authority’s expenditure in respect of community charge benefits allowed during any previous year, or
(b) any subsidy paid under this section to an authority in respect of any previous year.”
(3) For subsection (6) of that section (conditions for payment of community charge benefit subsidy) there shall be substituted the following—
“(6) Subsidy under this section shall be payable by the Secretary of State at such time and in such manner as the Treasury may direct; and subsections (8A) to (8F) of section 30 above shall apply in relation to a charging authority or a levying authority and subsidy under this section as they apply in relation to a rating authority, a housing authority or a local authority and subsidy under that section.”
22 In section 50 of the 1986 Act (interpretation) after subsection (2) (which confers power to treat two or more contracts of employment as one) there shall be inserted—
“(2A) Where, in consequence of the establishment of one or more National Health Service trusts under Part I of the National[1990 c. 19.] Health Service and Community Care Act 1990 or the [1978 c. 29.] National Health Service (Scotland) Act 1978, a woman’s contract of employment is treated by a scheme under that Part or Act as divided so as to constitute two or more contracts, regulations may make provision enabling her to elect for all of those contracts to be treated as one contract for the purposes of this Part of this Act or of such provisions of this Part of this Act as may be prescribed; and any such regulations may prescribe—
(a) the conditions that must be satisfied if a woman is to be entitled to make such an election;
(b) the manner in which, and the time within which, such an election is to be made;
(c) the persons to whom, and the manner in which, notice of such an election is to be given;
(d) the information which a woman who makes such an election is to provide, and the persons to whom, and the time within which, she is to provide it;
(e) the time for which such an election is to have effect;
(f) which one of the woman’s employers under the two or more contracts is to be regarded for the purposes of statutory maternity pay as her employer under the one contract;
and the powers conferred by this subsection are without prejudice to any other power to make regulations under this Part of this Act.”
23 In section 63(11) of the 1986 Act (report of Government Actuary on likely effect of annual up-rating order on National Insurance Fund) for the words “giving the latter’s opinion” there shall be substituted the words “or the Deputy Government Actuary, giving that Actuary’s opinion”.
24 After section 64A of the 1986 Act (effect of alteration in component rates of income support) there shall be inserted the following section—
(1) This section applies where—
(a) an award of income support is in force in favour of a person (“the recipient”); and
(b) there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.
(2) If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and in consequence—
(a) the component in question becomes applicable, or applicable at a particular rate, in the recipient’s case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case), and
(b) after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,
then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of an adjudication officer, and the award shall have effect accordingly.
(3) Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient’s entitlement to any benefit under the benefit Acts, other than—
(a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and
(b) the question whether, in consequence, the amount of his income support falls to be varied.
(4) In this section “component”, in relation to a person and his income support, means any of the sums specified in regulations under section 22(1) above.”
25 Section 79(5) of the 1986 Act (which precludes the payment of statutory maternity pay to women members of HM forces) shall cease to have effect.
26 (1) In Schedule 6 to the 1986 Act, in paragraph 3 (Christmas bonus for pensioners: circumstances in which a person is to be treated as entitled to a qualifying benefit in a relevant week) the following provisions shall cease to have effect—
(a) sub-paragraph (2)(a)(ii) and (iii) (persons otherwise not entitled to a qualifying benefit in consequence of the former limit on pensioners' earnings or the requirement to claim the qualifying benefit); and
(b) sub-paragraph (3)(d) (couples: members otherwise not entitled to an increase in respect of the other member in consequence of the requirement to claim the benefit).
(2) This paragraph shall be deemed to have come into force on 1st October 1989.
27 (1) The [1987/1854.] 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—
“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) In any case where—
(a) a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before the passing of this Act, and
(b) the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after its passing she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,
the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.
(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 section 104 of the principal Act.
(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) Subsection (4) of section 104 of the principal Act (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 [1978 c. 30.] Interpretation Act 1978 (effect of repeals, substitutions etc).
28 (1) In section 19 of the 1989 Act, in subsection (7) (construction of references to government departments) after the word “include” there shall be inserted “(a)” and at the end there shall be added the words “and
(b) the Scottish Courts Administration.”
(2) In subsection (9)(d) of that section (lawful authority: court proceedings) after the words “this Act” there shall be inserted the words “or in any corresponding enactment having effect in Northern Ireland”.
(3) In subsection (10) of that section—
(a) in paragraph (b) (mental health receivers) for the words “or any corresponding enactment having effect in Northern Ireland” there shall be substituted the words “or a controller appointed under Article 101 of the Mental Health (Northern Ireland) Order 1986”;
(b) in paragraph (d)(i), for the words “or any similar appointee in Northern Ireland” there shall be substituted the words “or sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the Supreme Court (Northern Ireland) 1980”;
(c) in paragraph (d)(ii), for the words from “that rule” onwards there shall be substituted the words “the said rule 41(1) or a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1)”; and
(d) in the words following paragraph (d), after the word “receiver,” there shall be inserted the word “controller,”.
(4) In Schedule 2 to that Act (persons employed in social security adjudication or administration) for the entry in Part I relating to the Inland Revenue there shall be substituted—
A member or officer of the Commissioners of Inland Revenue.
A civil servant in the Scottish Courts Administration.”
(5) In that Part, after the entry “An insurance officer” there shall be inserted—
“A supplement officer.”
(6) In Part II of that Schedule (construction of references to government departments etc) paragraph 1(2) (definitions) shall be omitted and for paragraph 3 (which relates to the Lord Chancellor’s Department) there shall be substituted—
“3 Any reference in Part I of this Schedule to the Lord Chancellor’s Department or the Scottish Courts Administration is a reference to that Department or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—
(a) functions of the Chief, or any other, Social Security Commissioner; or
(b) functions of the Council on Tribunals or the Scottish Committee of that Council which relate to social security or to occupational or personal pension schemes or to war pensions.”
(7) In paragraph 4 of that Part (the Inland Revenue) in paragraph (b), the words “as defined in paragraph 1(2) above” shall be omitted and after that paragraph there shall be inserted—
“5 In this Part of this Schedule—
“occupational pension scheme” has the meaning given by section 66(1) of the Pensions Act;
“personal pension scheme” has the meaning given by section 84(1) of the 1986 Act;
“war pension” has the meaning given by section 25(4) of this Act.”
29 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”.
30 (1) In Schedule 8 to that Act, paragraph 2 (which makes provision with respect to local authority councillors and incapacity for work) shall be amended in accordance with sub-paragraphs (2) to (4) below.
(2) In sub-paragraph (2) (certain benefits to be reduced by the excess of the councillor’s allowance over the earnings limit specified in regulation 3(3) of the Social [S.I. 1983/1598.] Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983, which was £35 at the passing of this Act) for the words “the amount of councillor’s allowance” there shall be substituted the words “the net amount of councillor’s allowance”.
(3) In the definition of “councillor’s allowance” in sub-paragraph (6), the following shall be omitted—
(a) in the paragraph (a) substituted by paragraph 113 of Schedule 11 to the Local [1989 c. 42.] Government and Housing Act 1989, the words “or in section 18(2) of that Act of 1989”; and
(b) 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”.
(4) In that sub-paragraph, after the definition of “incapacity benefit” there shall be inserted—
““net amount”, in relation to any councillor’s allowance to which a person is entitled, means the aggregate amount of the councillor’s allowance or allowances to which he is entitled for the week in question, reduced by the amount of any expenses incurred by him in that week in connection with his membership of the council or councils in question;”.
(5) In section 36(7) of the principal Act (regulations relating to severe disablement allowance), in paragraph (cc) (which was inserted by paragraph 2(5) of Schedule 8 to the 1989 Act and authorises the reduction of benefit by the excess of the amount of councillor’s allowance over a prescribed sum) for the words “the amount of councillor’s allowance” there shall be substituted the words “the net amount of councillor’s allowance”.
31 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) section 6(1) of the [1974 c. 14.] National Insurance Act 1974;
(b) sections 9(7) and 18(1) of the [1980 c. 30.] Social Security Act 1980;
(c) section 4(5) of the [1982 c. 34.] Forfeiture Act 1982;
(d) section 5(1)(a) of the [1985 c. 53.] Social Security Act 1985;
(e) paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.