Section 21(1).
1 (1) In subsection (6K) of section 4 of the principal Act (certain orders relating to contributions to be subject to the effect of subsequent orders under that section) after the word “under” there shall be inserted the words “Part IV of this Act or”.
(2) The words “section 4 above or this Part of this Act” shall be substituted—
(a) in section 121(3) of the principal Act, for the words “that section or section 122 below”;
(b) in section 123(3) of that Act, for the words “that section or under section 120 above”; and
(c) in section 123A(8) of that Act, for the words “this section”.
2 (1) In section 4(7) of the principal Act (reduced contributions for certain persons) the reference to section 145 of the [1978 c. 44.] Employment Protection (Consolidation) Act 1978 (which related to registered dock workers and which was repealed by Recovery from damages etc of sums equivalent to benefit: further provision.
7 The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.
8 (1) After section 24 of the 1986 Act (recovery of expenditure on benefit from person liable for maintenance) there shall be inserted—
(1) In any case where—
(a) the claim for income support referred to in subsection (1) of section 24 above is or was made by the parent of one or more children in respect of both himself and those children, and
(b) the other parent is liable to maintain those children but, by virtue of not being the claimant’s husband or wife, is not liable to maintain the claimant,
the sum which the court may order that other parent to pay under subsection (4) of that section may include an amount, determined in accordance with regulations, in respect of any income support paid to or for the claimant by virtue of such provisions as may be prescribed.
(2) Where the sum which a court orders a person to pay under section 24(4) above includes by virtue of subsection (1) above an amount (in this section referred to as a “personal allowance element”) in respect of income support by virtue of paragraph 1(2) of Schedule 2 to the Income Support (General) Regulations the Dock Work Act 1989 as from 3rd July 1989) shall be omitted.”
(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 [S.I. 1988/299.] Social Security (Contributions) Amendment Regulations 1988.
3 (1) In section 33 of the principal Act, in subsection (3) (which requires benefit payable by virtue of that section where the contribution conditions are only partially satisfied to be paid at a reduced rate) after the words “conditions are satisfied” there shall be inserted the words “(and may be nil)”.
(2) In section 47A of that Act (rate of adult dependency increases to be determined in accordance with regulations in certain cases where the associated retirement pension is attributable to reduced contributions) after the words “pension is determined” there shall be inserted “(a)” and at the end of that section there shall be added the words “and
(b) the regulations shall not provide for any such increase in a case where the retirement pension by reference to which the rate of the said benefit or invalidity pension is determined—
(i) would have been payable only by virtue of section 33 above; and
(ii) would, in consequence of a failure to satisfy a contribution condition, have contained no basic pension.”
(3) In section 8 of the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977, in subsection (1) (which precludes any increase on account of a child in the amount of certain pensions payable by virtue of section 33(2) of the principal Act where a contribution condition is not satisfied) after the words “on account of a child” there shall be inserted the words “or an adult, or under section 28(7) of the principal Act (invalidity),”.
(4) In subsection (2) of that section (which contains a similar restriction in relation to unemployment or sickness benefit where entitlement to a retirement pension would have arisen only by virtue of section 33) after the words “on account of a child” there shall be added the words “or an adult or under section 28(7) of the principal Act (invalidity).”
4 (1) In section 76 of the principal Act, after subsection (4) (power to make regulations for determining, among other things, the time at which a person is to be treated as having developed a prescribed injury or disease) there shall be inserted—
“(4A) Notwithstanding any other provision of this Act, the power conferred by subsection (4)(a) above includes power to provide that the time at which a person shall be treated as having developed a prescribed disease or injury shall be the date on which he first makes a claim which results in the payment of benefit by virtue of this Chapter in respect of that disease or injury.”
(2) In section 77 of that Act, at the end of subsection (2) (power to modify provisions relating to disablement benefit and its administration) there shall be added the words—
“and for the purposes of this subsection the provisions of this Act which relate to the administration of disablement benefit or reduced earnings allowance shall be taken to include section 165A and any provision which relates to the administration of both the benefit in question and other benefits.”
(3) Regulations 6(2)(c), 25 and 36 of the [S.I. 1985/967.] 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.
5 (1) In section 97 of the principal Act, in subsection (1) (appointment of adjudication officers) after the words “and may include” there shall be inserted “(a)” and at the end of that subsection there shall be added the words “or
(b) officers of the Northern Ireland Department appointed with the concurrence of that Department.”
(2) In section 56 of the 1986 Act (legal proceedings) after subsection (4A) there shall be inserted—
“(4B) Any proceedings in respect of any act or omission of an adjudication officer which, apart from this subsection, would fall to be brought against a person appointed by virtue of section 97(1)(b) of the Social Security Act 1975 who is resident in Northern Ireland, other than proceedings for an offence, may instead be brought against the Chief Adjudication Officer; and, for the purposes of any proceedings so brought, the acts or omissions of the adjudication officer shall be treated as the acts or omissions of the Chief Adjudication Officer.”
6 (1) In section 100 of the principal Act (appeal to social security appeal tribunal) there shall be added at the end—
“(8) In any case where—
(a) an adjudication officer has decided any claim or question under Chapter IV or V of Part II of this Act, and
(b) the right to benefit under those Chapters of any person other than the claimant is or may be, under Schedule 9 to this Act, affected by that decision,
that other person shall have the like right of appeal to a social security appeal tribunal as the claimant.
(9) Subsection (2) above shall apply to a person with a right of appeal under subsection (7) or (8) above as it applies to a claimant.”
(2) In section 101 of that Act, in subsection (2) (persons at whose instance an appeal lies from a social security appeal tribunal to a Commissioner on a point of law) the following paragraph shall be inserted after paragraph (b)—
“(bb) in a case relating to industrial injuries benefit, a person whose right to benefit is or may be, under Schedule 9 to this Act, affected by the decision appealed against;”.
(3) In subsection (3) of that section, in paragraph (c) (appeal at the instance of a trade union where the claimant was a member of the union) after the words “the claimant” there shall be inserted the words “or, in relation to industrial death benefit, the deceased”.
(4) The amendments made by this paragraph shall be deemed to have come into force on the day on which paragraph 2 of Schedule 1 to the [1988 c. 7.] Social Security Act 1988 came into force.
7 (1) In section 104 of the principal Act (reviews), after the subsection (6) inserted by section 6(3) of this Act, there shall be inserted—
“(7) Subsection (8) below applies in any case where—
(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law, and
(b) in consequence of that determination, any other decision—
(i) which was made before the date of that determination, and
(ii) which is referable to a claim made or treated as made by any person for any benefit,
falls (or would, apart from subsection (8) below, fall) to be revised on a review carried out under subsection (1A) above after the coming into force of this subsection.
(8) Where this subsection applies, any question arising on the review referred to in subsection (7)(b) above, or on any subsequent review of a decision which is referable to the same claim, as to any person’s entitlement to, or right to payment of, any benefit—
(a) in respect of any period before the date of the relevant determination, or
(b) in the case of widow’s payment, in respect of a death occurring before that date,
shall be determined as if the decision referred to in subsection (7)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
(9) In determining whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (8) above shall be disregarded for the purpose only of determining the question whether he was so entitled before attaining that age.
(10) For the purposes of subsections (7) to (9) above—
(a) “adjudicating authority” and “the court” have the same meaning as they have in section 165D below;
(b) any reference to—
(i) a person’s entitlement to benefit, or
(ii) a decision which is referable to a claim,
shall be construed in accordance with subsection (5) of that section; and
(c) the date of the relevant determination shall, in prescribed cases, be determined in accordance with any regulations made under subsection (6) of that section.”
(2) After the section 165C of that Act inserted by section 6(2) of this Act there shall be inserted the following section—
(1) This section applies where—
(a) on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
(b) after both the coming into force of this section and the date of the relevant determination, a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 51B(1) of the Social Security Act 1986 as made by any person for any benefit.
(2) Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit—
(a) in respect of a period before the relevant date, or
(b) in the case of a widow’s payment, in respect of a death occurring before that date,
shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
(3) In determining whether a person is entitled to benefit in a case where—
(a) his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, and
(b) he attained that age—
(i) before both the date of the relevant determination and the date of the claim referred to in subsection (1)(b) above, but
(ii) not before the earliest day in respect of which benefit could, apart from this section, have been awarded on that claim,
subsection (2) above shall be disregarded for the purpose only of determining the question whether he was entitled as mentioned in paragraph (a) above.
(4) In this section—
“adjudicating authority” means—
(a) an adjudication officer, the Attendance Allowance Board, a social security appeal tribunal or a medical appeal tribunal;
(b) any of the following former bodies or officers, that is to say, the National Assistance Board, the Supplementary Benefits Commission, a benefit officer, an insurance officer or a supplement officer; or
(c) any of the officers who, or tribunals or other bodies which, in Northern Ireland correspond to those mentioned in paragraph (a) or (b) above;
“the court” means the High Court, the Court of Appeal, the Court of Session, the High Court or Court of Appeal in Northern Ireland, the House of Lords or the Court of Justice of the European Community;
“the relevant date” means whichever is the latest of—
(a) the date on which the relevant determination was made;
(b) the date which falls twelve months before the date on which the claim referred to in subsection (1)(b) above is made or treated under section 51B(1) of the Social Security Act 1986 as made; and
(c) the earliest date in respect of which the claimant would, apart from this section, be entitled on that claim to the benefit in question.
(5) For the purposes of this section—
(a) any reference in this section to entitlement to benefit includes a reference to entitlement—
(i) to any increase in the rate of a benefit; or
(ii) to a benefit, or increase of benefit, at a particular rate; and
(b) any reference to a decision which is “referable to” a claim is a reference to—
(i) a decision on the claim,
(ii) a decision on a review of the decision on the claim, or
(iii) a decision on a subsequent review of the decision on the review,
and so on.
(6) The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.”
(3) In paragraph 48 of Schedule 10 to the 1986 Act (which applies sections 87 and 165A(1) of the principal Act to income-related benefits) at the end of paragraph (b) there shall be inserted the words “and
(c) section 165D (restrictions on entitlement in certain cases of error)”.
8 (1) In section 167 of the principal Act (Parliamentary control of orders and regulations) for subsections (2) to (4) there shall be substituted—
“(2) Subsection (1) above does not apply to a statutory instrument by reason only that it contains—
(a) regulations under section 129 which the instrument states are made for the purpose of making provision consequential on the making of an order under section 4, 120, 122, 123A or 134;
(b) regulations under powers conferred by any provision mentioned in paragraph (a) of that subsection which are to be made for the purpose of consolidating regulations to be revoked in the instrument;
(c) regulations which, in so far as they are made under powers so conferred, only replace provisions of previous regulations with new provisions to the same effect.
(3) A statutory instrument—
(a) which contains (whether alone or with other provisions) orders or regulations made under this Act by the Secretary of State, other than orders under section 30(6), 120 or 122, 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.
(4) A statutory instrument—
(a) which contains (whether alone or with other provisions) regulations made under this Act by the Lord Chancellor, 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.”
(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) In section 22 of the [1975 c. 61.] Child Benefit Act 1975, for subsections (3) to (5) there shall be substituted—
“(3) Subject to subsection (4) below, a statutory instrument containing (whether alone or with other provisions) any regulations under section 5 or 17(1) above shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) Subsection (3) above does not apply to a statutory instrument by reason only that it contains regulations under powers conferred by any provision mentioned in that subsection which are to be made for the purpose of consolidating regulations to be revoked in the instrument.
(5) 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.”
(4) In section 24(5) of the [1977 c. 5.] 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) In section 5(4) of the [1980 c. 39.] Social Security (No.2) Act 1980—
(a) at the beginning there shall be inserted the words “A statutory instrument containing (whether alone or with other provisions)”; and
(b) for the words “a draft of the regulations” there shall be substituted the words “a draft of the instrument”.
(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) In section 45 of the 1982 Act, for subsection (2) there shall be substituted—
“(2) Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory instrument; and any statutory instrument—
(a) which contains (whether alone or with other provisions) any such orders or regulations, other than an order under section 48(3) of 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.”
(8) Section 27(3) and (4) of the [1985 c. 53.] Social Security Act 1985 (which relate to parliamentary control of statutory instruments and which are spent) shall cease to have effect.
(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 [1988 c. 7.] Social Security Act 1988 there shall be inserted the following section—
(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) In consequence of sub-paragraph (10) above, the following provisions of that Act shall cease to have effect—
(a) section 13(7) and (8);
(b) in section 18(3) and (4) the words “made by statutory instrument”;
(c) section 18(7) and (8).
(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.
9 In Schedule 1 to the principal Act (contributions: supplementary provisions) in paragraph 6(1) (matters for which regulations may provide) after the paragraph (gg) inserted by section 2 of the 1989 Act there shall be inserted—
“(gh) for the repayment, on the making of an application in the prescribed manner and within the prescribed time, of Class 2 contributions paid by a person in respect of a period which consists of, or falls within, a tax year for which his earnings from employment as a self-employed earner were, or were such as to be treated by regulations under subsection (5) of section 7 of this Act as being, at a lower rate than the one specified in that subsection for that year;
(gj) for excepting a person from liability for contributions repaid by virtue of paragraph (gh) above, to the extent that he would not have been so excepted by virtue of section 7(5) of this Act;”.
10 (1) In Schedule 3 to the principal Act, at the beginning of paragraph 3 (contribution conditions for maternity allowance) there shall be inserted the words—
“(1) Subject to sub-paragraph (2) below,”.
(2) At the end of that paragraph there shall be added—
“(2) In the case of a claimant who is or has been paid otherwise than weekly, any week—
(a) in respect of which she did not pay contributions of a relevant Class, but
(b) for which her earnings were such that, had she been paid weekly, she would have been required to pay primary Class 1 contributions in respect of that week, and
(c) for which no such election as is mentioned in section 3(2)(a) of the Pensions Act (contributions at a reduced rate) was in force in her case,
shall be treated for the purposes of sub-paragraph (1) above as a week in respect of which she actually paid such contributions otherwise than at a reduced rate.
(3) For the purposes of sub-paragraph (2) above, the amount of the claimant’s earnings for any week shall be determined in accordance with regulations.”
11 In Schedule 20 to the principal Act (glossary of expressions) in the entry relating to “tax year”, the following paragraph shall be added at the end of the second column—
| “The expression “1978-79” means the tax year beginning with 6th April 1978, and any correspondingly framed reference to a pair of successive years shall be construed as a reference to the tax year beginning with 6th April in the earlier of them.” |
12 In section 4 of the Old Cases Act, for subsection (8) (schemes to be made by statutory instrument subject to affirmative procedure, unless made for the purpose only of replacing provisions of previous schemes with provisions to the same effect or of making provision consequential on certain orders or regulations, and if made for that purpose only, to be subject to negative procedure) there shall be substituted—
“(8) The power to make a scheme shall be exercisable by statutory instrument, and an instrument—
(a) which contains such a scheme (whether alone or with other provisions), 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.”
13 (1) In Schedule 5 to the [1976 c. 71.] Supplementary Benefits Act 1976, paragraph 1 (power to provide re-establishment courses and facilities for persons attending them) shall cease to have effect.
(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—
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.”
14 The amendments of paragraph (a) of section 13(3) of the [1977 c. 5.] Social Security (Miscellaneous Provisions) Act 1977 by the [1977 c. 49.] National Health Service Act 1977 and the [1978 c. 29.] National Health Service (Scotland) Act 1978 shall be deemed never to have been made and that paragraph shall accordingly have effect and be deemed at all times to have had effect as originally enacted.