Social Security (Consequential Provisions) Act 1975

Section 1(3).

SCHEDULE 2Consequential Amendments of Enactments

PART IEnactments of the Parliament of the United Kingdom

Bankruptcy (Scotland) Act 1913 (c. 20)

1In section 118(1) of the Bankruptcy (Scotland) Act 1913—

(a)in paragraph (a), after " income tax " insert " or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975 ";

(b)for paragraph (f) substitute—

“(f)all the debts specified in section 93(2) of the Social Security Act 1973 ;

(g)all the debts specified in section 153(2) of the Social Security Act 1975 or section 144(2) of the Social Security (Northern Ireland) Act 1975”.

Bankruptcy Act 1914 (c. 59)

2In section 33 (1) of the Bankruptcy Act 1914—

(a)in paragraph (a), after " income tax " insert " or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975 ";

(b)for paragraph (f) substitutes—

“(f)all the debts specified in section 93(2) of the Social Security Act 1973 ;

(g)the debts specified in section 153(2) of the Social Security Act 1975 or section 144(2) of the Social Security (Northern Ireland) Act 1975”.

3In Schedule 2 to that Act, for paragraph 9 substitute—

“9Formal proof of debts in respect of contributions payable under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, or of contributions or premiums payable under Part III of the Social Security Act 1973 (to which contributions and premiums priority is given by this Act) shall not be required except where it may otherwise be provided by rules under this Act.”

Road Haulage Wages Act 1938 (c. 44)

4In section 6(2) of the Road Haulage Wages Act 1938, for the words from " deductions under " to " or any " substitute " deductions under the Social Security Act 1975 or any ".

National Assistance Act 1948 (c. 29)

5In section 50(4) of the National Assistance Act 1948 tor " section 30 of the Social Security Act 1973 " substitute " section 32 of the Social Security Act 1975 ".

6In section 64(1) of that Act, for the definition of " trade dispute " substitute—

• “' trade dispute ' has the same meaning as in section 19 of the Social Security Act 1975.”

Companies Act 1948 (c. 38)

7In section 319 of the Companies Act 1948—

(a)in subsection (1)(e), after " 1973 " insert " and those specified in section 153(2) of the Social Security Act 1975 and section 144(2) of the Social Security (Northern Ireland) Act 1975 ";

(b)in subsection (8)(c), for " 1973 " substitute " 1975 or the Social Security (Northern Ireland) Act 1975 ".

Law Reform (Personal Injuries) Act 1948 (c. 41)

8In section 2 of the Law Reform (Personal Injuries) Act 1948—

(a)In subsection (1) (as amended by the [1971 c. 5.] National Insurance Act 1971, Schedule 5, paragraph 1), for the words from "industrial injury" to "invalidity benefit" substitute—

“any of the following benefits under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, namely—

• sickness benefit,

• invalidity benefit,

• non-contributory invalidity pension,

• injury benefit,

• disablement benefit”; and

(b)for subsection (6) substitute—

“(6)for the purposes of this section disablement benefit in the form of a gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.”

Children Act 1948 (c. 43)

9In section 18(2) of the Children Act 1948, for " section 30 of the Social Security Act 1973 " substitute " section 32 of the Social Security Act 1975 ".

House of Commons Disqualification Act 1957 (c. 20)

10In the House of Commons Disqualification Act 1957—

(a)in Schedule 1, Part II, in each of the entries beginning " A Medical Appeal Tribunal" and " A Medical Board ", for " the National Insurance (Industrial Injuries) Act 1965 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 " substitute " Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975 ";

(b)in Schedule 1, Part II, as substituted (and set out in Schedule 3) in relation to the Northern Ireland Assembly, in each of those entries for " the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 " substitute " Part III of the Social Security (Northern Ireland) Act 1975 ";

(c)in Schedule 1, Part III, in the first entry beginning " Chairman or Deputy Chairman", for " 1967" substitute " 1975 ";

(d)in Schedule 1, Part III, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute—

• “Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975.”;

(e)in the Part substituted for Part III of Schedule 1 in relation to the Northern Ireland Assembly, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute—

• “Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975”.

Industrial Training Act 1964 (c. 16)

11In the Industrial Training Act 1964, substitute the following for section 10—

“10Industrial injuries benefit for accidents in training.

(1)In relation to accidents happening to employed earners (within the meaning of Chapter IV of Part II of the Social Security Act 1975) who attend courses or avail themselves of other facilities provided or approved by an industrial training board, sections 52 to 54 of that Act have effect subject to the following modifications.

(2)For the purposes of section 52, an act done by the employed earner for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer's trade or business, be deemed to be so done.

(3)For the purposes of section 53, a vehicle (within the meaning of that section) which is operated by or on behalf of an industrial training board or some other person by whom it is provided in pursuance of arrangements made with an industrial training board shall, if not operated and provided as mentioned in subsection (1)(b)(i) of that section, be deemed to be so operated and provided.

(4)For the purposes of section 54, any premises at which an employed earner is for the time being employed for the purposes of his training shall, if they are not premises at which he is for the time being employed for the purposes of his employer's trade or business, be deemed to be such premises.”

Administration of Justice Act 1964 (c. 42)

12In section 17(2)(b) of the Administration of Justice Act 1964, for the words from " together " to the end substitute—

“together with—

(i)secondary reserve scheme contributions and reserve scheme premiums payable in respect of those officers under Part III of the Social Security Act 1973, and

(ii)secondary Class 1 contributions so payable under Part I of the Social Security Act 1975.”

Family Allowances Act 1965 (c. 53)

13For section 5 of the Family Allowances Act 1965 (claims and determination of questions) substitute—

“5(1)Subject to the provisions of this Act and section 80(1) of the Social Security Act 1975 and in accordance with regulations made under this Act, all claims for or in respect of allowances shall be made to the Secretary of State.

(2)Part III of the Social Security Act 1975 shall apply in relation to the determination of any question arising under this Act, being—

(a)a question as to the right to an allowance in respect of any person for any family ; or

(b)a question which by virtue of the Schedule to this Act falls to be decided by. the Secretary of State in his discretion,

as it applies to the determination of questions as to the right to benefit under Chapters I to III of Part II of that Act or, as the case may be, to a question within paragraph (b) of this subsection arising under those Chapters, subject, in the case of a question within paragraph (a) of this subsection, to any modifications prescribed for the purposes of this subsection under section 114 of that Act.”

14In section 8 of that Act—

(a)substitute the following for subsection (1)—

“(1)Without prejudice to the provisions of section 86 of the Social Security Act 1975, sections 82(3) and 119 of that Act shall apply—

(a)in relation to an allowance and to sums paid on account of an allowance as they apply in relation to, or to sums paid by way of, benefit under Chapters I to III of Part II of that Act; and

(b)in relation to the person to whom an allowance belongs as they apply in relation to a beneficiary under those Chapters;

and any sums repaid to the Secretary of State by virtue of this subsection shall be paid by him into the Consolidated Fund;”

(b)in subsection (2) for " section 81(3)" substitute " section 119(3) " and for " section 81(3) and (4) " substitute " section 119(3) and (4) " ;

(c)in subsection (3), for " section 81(3)" substitute " section 119(3) ", and for the words from "benefit" onwards substitute " benefit or payment under the Social Security Act 1975 or the Industrial Injuries and Diseases (Old Cases) Act 1975 ; but this does not authorise the recovery of sums by deduction from benefit under section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975 in respect of the death of any person, or the abatement of such benefit. "

15In section 11 of that Act, substitute the following for subsection (6)—

“(6)Where a person is entitled in respect of a child to a guardian's allowance under section 38 of the Social Security Act 1975, any allowances payable under this Act for his family shall be such only as would be payable if that child were not included in the family.”

16For section 12 of that Act substitute—

“12Age, marriage and death.

(1)Section 160 of the Social Security Act 1975 shall apply for the purposes of this Act as it applies for those of that Act.

(2)Regulations under that Act may provide, for the purposes of this Act, as to the circumstances in which—

(a)a marriage celebrated under a law which permits polygamy; or

(b)a marriage during the subsistence of which a party to it is at any time married to more than one person,

is to be treated as having or not having the consequences of a marriage celebrated under a law which does not permit polygamy.”

17In section 16 of that Act, in subsection (2)(a), for " section 80 of the Insurance Act " substitute " paragraph 3 or 4 of Schedule 10 to the Social Security Act 1975 ".

18In section 22 of that Act, in subsection (1B), for " section 96(2) to (4) and (7) of the Social Security Act" substitute " section 166(2) to (4) and (7) of the Social Security Act 1975. "

Redundancy Payments Act 1965 (c. 62)

19In sections 17(3) and (4A) and 43(lA)(a) of the Redundancy Payments Act 1965, for the words " the day appointed for the coming into force of section 2 of the Social Security Act 1973 " substitute " 6th April 1975 ".

20In section 17 of that Act, in subsection (4A)(b) for " that Act" substitute " the Social Security Act 1975 ", and in subsection (6)(b) for " 1973 " substitute " 1975 ".

21In section 31(4) of that Act for " section 45 " substitute " section 134 " and for " 1973 " (in both places) substitute " 1975 ".

22In section 43(1A)(b) of that Act, for " section 2(4)(a) of the said Act of 1973 " substitute " section 4(4) (a) of the Social Security Act 1975 ".

23In section 49(1) of that Act, for " 1973 " substitute " 1975 ".

Supplementary Benefit Act 1966 (c. 20) (Ministry of Social Security Act 1966)

24In section 12(1) of the Supplementary Benefit Act 1966, for the words from " unemployment" to " 1973 " substitute " unemployment benefit under Chapter I of Part II of the Social Security Act 1975 ".

25In section 16(1) of that Act, for paragraphs (a) and (b) substitute—

“(a)benefit (other than a maternity grant or a death grant) under Part II of the Social Security Act 1975 and in paragraph (d) for " 1967 " substitute " 1975 ";”

26In section 18(2) of that Act, for the words from " the National" to " 68(3)(c) " substitute " Part III of the Social Security Act 1975 in like manner as a reference under section 99(2)(c) ".

27In section 26 of that Act, substitute the following for subsection (4)—

“(4)Where any amount paid by way of benefit is recoverable under this section, it may, without prejudice to any other method of recovery, be recovered by deduction from benefit under Part II of the Social Security Act 1975”.

28After section 34 of that Act insert—

“34AInspectors.

(1)Every appointment of an inspector under section 144 of the Social Security Act 1975 shall be an appointment also for the purposes of this Act.

(2)In sections 144(2) to (5) and 145 of that Act references to that Act include this Act; and in section 145(1)(b) the reference to benefit includes benefit within the meaning of this Act.

34BReciprocity with other countries.

(1)For the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to those of this Act, Her Majesty may by Order in Council provide for modifying or adapting this Act in its application to cases affected by the agreement.

(2)The modifications of this Act which may be made by virtue of subsection (1) above include provision—

(a)for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit);

(b)for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned ;

(c)for making any financial adjustments.

(3)In relation to the power to make Orders in Council which is conferred by this section, and to Orders made in the exercise of the power, section 166(2) to (4) and (7) and section 168(4) of the Social Security Act 1975 (additional matters which may be dealt with by Order in Council; power to revoke and vary etc.) apply as they do for the purposes of that Act.”

29In section 36(1) of that Act, for the definitions of " place of employment" and " trade dispute " substitute—

• “' place of employment ' and ' trade dispute ' have the same meanings as in section 19 of the Social Security Act 1975”.

30In section 40(1) of that Act, at the end insert " or as the Supplementary Benefit Act 1966 ".

31In Schedule 2 to that Act—

(a)in paragraph 11(1)(a), for the words preceding "(disqualification" substitute " he is disqualified for receiving unemployment benefit under the Social Security Act 1975 by virtue of section 20(1) of that Act ";

(b)in paragraph 12, substitute for sub-paragraphs (2) and (3)—

“(2)In this paragraph—

(a)"attendance allowance" means an attendance allowance under Chapter II of Part II of the Social Security Act 1975 ;

(b)" attendance requirements" in relation to a disabled person means that person's requirements, by reason of the severity of his physical or mental disablement, for such attention or supervision from another person as is referred to in section 35(1) of the Social Security Act 1975 or, in relation to a disabled child, that subsection as modified by regulations made under subsection (5) of that section.

(3)For the purposes of this paragraph, the provisions of regulations under Chapter VI of Part II of the Social Security Act 1975 relating to overlapping benefits shall not be treated as affecting the rate of attendance allowance to which a person is entitled.”

(c)in paragraph 20, for sub-paragraphs (a) and (b) substitute—

“(a)any maternity grant under section 21 of the Social Security Act 1975 ;

(b)any death grant under section 32 of that Act”;

(d)in paragraph 24 (as substituted by paragraph 5 of Schedule 3 to the Social Security Benefits Act 1975)—

(i)in sub-paragraph (3), for "Part I of the Social Security Act 1973 " substitute " Chapters I to III of Part II of the Social Security Act 1975 ";

(ii)for sub-paragraph (4) substitute—

“(4)This paragraph does not apply to income so far as it consists of injury benefit under Part II of the Social Security Act 1975 or of industrial death benefit under that Part of that Act except—

(a)so much of—

(i)any widow's pension payable at the higher permanent rate under section 68 of that Act, or

(ii)any widower's pension under section 69 of that Act,

as exceeds the rate specified in Part I of Schedule 4 to that Act for a widow's pension under section 26 of the Act;

(b)£0.38 of any allowance under section 70 of that Act in respect of—

(i)an only, or the elder or eldest qualifying child, or

(ii)a second qualifying child ;

(c)£0.28 of any allowance under that section in respect of any additional qualifying child beyond the first two ;

(d)any parent's pension under section 71 of that Act;

(e)any relative's pension under section 72 of that Act.”.

(iii)in sub-paragraph (5), for "the Social Security Act 1973 " substitute " the Social Security Act 1975 ".

Agriculture Act 1967 (c. 22)

32In section 67(3) of the Agriculture Act 1967, in paragraph (e), for the words following " benefits " substitute " payable under Part II of the Social Security Act 1975 ".

Public Expenditure and Receipts Act 1968 (c. 14)

33In Schedule 3 to the Public Expenditure and Receipts Act 1968, for the entry at the end of paragraph 1(b) (inserted by the Social Security Act 1973, Schedule 27, paragraph 77) substitute—

Rent Act 1968 (c. 23)

34In section 40(3) of the Rent Act 1968, for the words from " and for the purposes " to the second " 1965 " substitute " and for the purposes of—

(a)Part III of the Social Security Act 1973, and

(b)the Social Security Act 1975 ".

Social Work (Scotland) Act 1968 (c. 49)

35In section 28(2) of the Social Work (Scotland) Act 1968, for the words following " reimbursed under " substitute " section 32 of the Social Security Act 1975 ".

Income and Corporation Taxes Act 1970 (c. 10)

36In section 8(2)(b) of the Income and Corporation Taxes Act 1970, for the words following " in the case of " substitute " a Category A retirement pension payable to the wife under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 no payment of benefit under those Acts shall be treated as earned income ".

37In section 24(3) of that Act substitute for paragraphs (a) and (b)—

“(a)to a widow's allowance, widowed mother's allowance, retirement pension or child's special allowance under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 ;

(b)to an allowance under section 70 of the Social Security Act 1975 or section 70 of the Social Security (Northern Ireland) Act 1975, or”.

38In section 212 of that Act, substitute for subsection (1)—

“(1)All income receivable from any source whatsoever for the purposes of any supplementary scheme under section 158 of the Social Security Act 1975 or section 149 of the Social Security (Northern Ireland) Act 1975, or under the enactments replaced by those sections, by the body charged with the administration of the scheme shall be exempt from income tax.”

39In section 219 of that Act—

(a)in subsection (1), substitute for paragraph (a)—

“(a)payments of benefit under Chapters I to III of Part II of the Social Security Act 1975 or Chapters I to III of Part II of the Social Security (Northern Ireland) Act 1975, except unemployment benefit, sickness benefit, invalidity benefit, attendance allowance, maternity benefit and death grant, and”;

(b)in subsection (3), for the words from the beginning to " allowable " in the proviso substitute—

“(3)No relief or deduction shall be given or allowed in respect of any contribution paid by any person under—

(a)Part III of the Social Security Act 1973 ;

(b)Part I of the Social Security Act 1975 ; or

(c)Part I of the Social Security (Northern Ireland) Act 1975;

Provided that nothing in this subsection shall apply to any secondary Class 1 contribution within the meaning of either of the said Acts of 1975 or any secondary reserve scheme contribution within the meaning of the said Act of 1973 which is allowable in either case”.

Administration of Justice Act 1970 (c. 31)

40In Schedule 4 to the Administration of Justice Act 1970, substitute for paragraph 3—

“3Reserve scheme contributions and premiums under Part III of the Social Security Act 1973.

3AClass 1, 2 and 4 contributions under Part I of the Social Security Act 1975”.

Family Income Supplements Act 1970 (c. 55)

41In section 8(4) of the Family Income Supplements Act 1970, for the words from " benefit" to " 1969 " (where it first occurs) substitute " benefit under the Social Security Act 1975 ".

Attachment of Earnings Act 1971 (c. 32)

42In Schedule 2 to the Attachment of Earnings Act 1971, for paragraph 3 substitute—

“3Reserve scheme premiums and contributions under Part III of the Social Security Act 1973.

3AClass 1, 2 and 4 contributions under Part I of the Social Security Act 1975”.

43In Schedule 3 to that Act, for paragraph 3(b) substitute—

“(b)primary reserve scheme contributions under Part III of the Social Security Act 1973 ;

(bb)primary Class 1 contributions under Part I of the Social Security Act 1975”.

44For Schedule 4 to that Act substitute—

“SCHEDULE 4Enactments Providing Benefits Which Are Not To Be Treated As Debtor's Earnings

• The Family Allowances Act 1965 (c. 53)

• The Supplementary Benefit Act 1966 (c. 20)

• The Family Income Supplements Act 1970 (c. 55)

• The Social Security Act 1975 (c. 14)

• The Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)”.

Pensions (Increase) Act 1971 (c. 56)

45In Schedule 2 to the Pensions (Increase) Act 1971, for paragraph 26 substitute—

“26A pension payable under Schedule 10 to the Social Security Act 1975 (National Insurance Commissioners)”.

Tribunals and Inquiries Act 1971 (c. 62)

46In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971, after paragraph 30 insert—

“Social Security.

30A(a)Local tribunals constituted under section 97 of the Social Security Act 1975 or constituted under regulations made under section 114 of that Act;

(b)a Commissioner appointed under section 97 of that Act and any tribunal presided over by a Commissioner so appointed ;

(c)medical appeal tribunals constituted for the purposes of Part III of that Act.”

Finance Act 1971 (c. 68)

47In Schedule 4 to the Finance Act 1971, in paragraph 1(b), for the words following " benefit under " substitute " the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 which is payable to the wife otherwise than by virtue (wholly or partly) of her own contributions ".

Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

48In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(r), for sub-paragraph (i) substitute—

“(i)a widow's pension (by way of industrial injuries benefit) payable at the initial rate or the higher permanent rate under section 68 of the Social Security Act 1975 ", and for the words from " Schedule 3 " to " that Act" substitute " Part I of Schedule 4 to the Social Security Act 1975 for a contributory widow's pension under Part II of that Act”.

Housing (Finance) Act 1972 (c. 47)

49In Schedule 3 to the Housing (Finance) Act 1972, in paragraph 9(2)(j), for sub-paragraph (i) substitute—

“(i)a widow's pension (by way of industrial injuries benefit) payable at the initial rate or the higher permanent rate under section 68 of the Social Security Act 1975 ", and for the words from " Schedule 3 " to " that Act" substitute "Part I of Schedule 4 to the Social Security Act 1975 for a contributory widow's pension under Part II of that Act”.

Social Security Act 1973 (c. 38)

50The Social Security Act 1973 shall be amended in accordance with the following 16 paragraphs.

51In section 54(3)(a), for "Part I of this Act" substitute " the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 ".

52At the end of section 63 add—

“(13)This section applies to persons employed by or under the Crown in like manner as if such persons were employed by a private person.”

53In section 73(3), for paragraphs (a) and (b) substitute " the Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975 ".

54In section 77—

(a)in subsection (1), for paragraph (b) substitute—

“(b)the amount paid is equal to or exceeds the current lower earnings limit under section 4 of the Social Security Act 1975 (or the equivalent prescribed under that Act in the case of earners paid otherwise than weekly)”;

(b)in subsection (2)(a), for " Chapter I of Part I of this Act" substitute " Part I of the Social Security Act 1975 ";

(c)in subsection (2)(b), for " section 2(5) of this Act" substitute " section 4(5) of the said Act of 1975 ";

(d)in subsection (4), for the words from the beginning to " Act " substitute " Section 11(1) and (3) of, and Schedule 1 to, the Social Security Act 1975 ".

55In section 81(3)(a) for "this Act" substitute " the Social Security Act 1975 ".

56In section 83, substitute for subsection (4)—

“(4)The following provisions of the Social Security Act 1975, namely—

(a)section 81(1), (2)(a) and (4)(b), (c) and (e) (regulations as to payment of benefit); and

(b)section 82(3) and (4) (suspension of benefit),

shall, for the whole of the United Kingdom, have effect in relation to reserve scheme pensions as they have in relation to benefits under that Act; but in section 82(3) of that Act as applied by this subsection the Reserve Pension Board shall be substituted for the Secretary of State.”

57In section 85—

(a)in subsection (4), for the words " Part IV " (where they first occur) to the end substitute " Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975, which legislation shall then apply as in the case of a question referred to in section 98(1) of the applicable Act ";

(b)in subsection (5), for the words from "Part IV" (where they first occur) to the end substitute " Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975 ; and any question so prescribed shall in accordance with the regulations be so referred, and the relevant legislation of 1975 shall then apply as in the case of a question referred to in section 98(1) of the applicable Act ";

(c)after subsection (6) insert—

“(7)Section 119(3) of the Social Security Act 1975 applies as if references to contributions under Part I of that Act included reserve scheme contributions and reserve scheme premiums.”

58In section 89—

(a)in subsection (1), for " Minister " substitute " Ministry ", and for the words following the second " collection of" substitute " reserve scheme contributions or premiums, or the payment of reserve scheme pensions ";

(b)in subsection (3)(b), for the words following "collection of" substitute " reserve scheme contributions or premiums, or the payment of reserve scheme pensions. ".

59In section 92—

(a)in subsection (1), for paragraphs (a) and (b) substitute " any reserve scheme contribution or premium which he is liable under Part III of this Act to pay ";

(b)in subsection (5), for paragraph (b) substitute—

“(b)involving any question as to the payment of reserve scheme contributions or a reserve scheme premium”;

(c)in subsection (6), for "Part IV of the former principal Act" substitute " Part III of the Social Security Act 1975 or, as the case may be, Part III of the Social Security (Northern Ireland) Act 1975 ".

60In section 95—

(a)in subsection (2)(b) for "and 13 to 15 " substitute " 13 and 14 ", and for " Schedules 23 and 26 " substitute " Schedule 23 ";

(b)in subsection (4) for "Parts II, III and IV" substitute Part II".

61In section 97, for subsection (3) substitute—

“(3)All regulations and orders made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament. and in subsection (4), omit " 48(3) or " and for "the relevant" substitute " that ".”

62In section 99—

(a)in subsection (6), for "this Act" substitute " of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975 ";

(b)in subsection (7), for the words from "whether or not" onwards substitute " are to the lower and upper limits respectively referred to in section 4(1) of the Social Security Act 1975 ; and references to the lower or upper earnings limit of an income tax year are to whatever is (or was) for that year the limit in force under section 4(1) of that Act ".

63In Schedule 19, paragraph 6(c) for "basic scheme or reserve scheme contributions" substitute " reserve scheme contributions or contributions under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 ".

64In Schedule 22—

(a)for paragraph 3 substitute—

“3In this Part of this Schedule, " contributions" means reserve scheme contributions and " premium" means a reserve scheme premium.”

(b)in paragraph 14, for sub-paragraph (b) substitute—

“(b)for the purposes of this Act, as to the circumstances in which—

(i)a marriage celebrated under a law which permits polygamy, or

(ii)a marriage during the subsistence of which a party to it is at any time married to more than one person,

is to be treated as having or not having the consequences of a marriage celebrated under a law which does not permit polygamy.”

65In Schedule 23—

(a)in paragraph 5(1), for " this Act, basic scheme or " substitute " the Social Security Act 1975 " ;

(b)in paragraph 9(1), after "failure by him to pay" insert " contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975, or ";

(c)in paragraph 14(4) for " this Act relating to earnings factors and" substitute " the Social Security Act 1975 and the Social Security (Northern Ireland) Act 1975 relating to earnings factors and those of this Act relating to ".

66In Schedule 25—

(a)for paragraph 2 substitute—

“2For any reference to the Secretary of State (except in sections 96(6) and 99(3) and Schedule 23, paragraph 5) substitute the Northern Ireland Ministry, and for any reference to the Minister for the Civil Service substitute the Ministry of Finance”;

(b)for paragraph 8 substitute—

“8In section 99(17) after ' 97' insert' or Schedule 25, paragraph 15(3) or (3A) '.”;

(c)in paragraph 10(f), in the paragraph substituted for Schedule 23 paragraph 11, for " 7 to 9 " substitute " 7 and 9 " ; and in paragraph 10fe) for " 7 to 9 " substitute " 7 and 9 ".

National Insurance and Supplementary Benefit Act 1973 (c. 42)

67In paragraph 1 of Schedule 5 to the National Insurance and Supplementary Benefit Act 1973, for " sections 1 to 6" substitute " section 6 ".

Employment and Training Act 1973 (c. 50)

68In section 11(3) of the Employment and Training Act 1973, for the words from "the National" to "that Act" substitute " Part II of the Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner ".

69In section 12(2)(a) of that Act, for the words from " National " (where it first occurs) to the end substitute " Social Security Act 1975 or the Industrial Injuries and Diseases (Old Cases) Act 1975 ".

The National Insurance Act 1974 (c. 14)

70In section 6 of the National Insurance Act 1974, in subsection (1), for " or the Social Security Act 1973 " substitute " the Social Security Act 1973, the Social Security Act 1975 or the Industrial Injuries and Diseases (Old Cases) Act 1975 ".

PART IIEnactments of the Parliament of Northern Ireland or the Northern Ireland Assembly: Orders in Council Applying to Northern Ireland

Agricultural Wages (Regulation) Act (Northern Ireland) 1939 (c. 25)

71In section 2A(2)(e) of the Agricultural Wages (Regulation) Act (Northern Ireland) 1939 for the words from " benefits " to the end substitute " benefits payable under the Social Security (Northern Ireland) Act 1975 ".

Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23)

72In section 3 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (as amended by the [S.R. & O. (N.I.) 1971 No. 224.] Social Services (Parity) Order (Northern Ireland) 1971, Schedule 5 paragraph 1)—

(a)in subsection (1), for the words from " industrial injury " to " invalidity benefit" substitute—

“any of the following benefits under the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975, namely—

• sickness benefit,

• invalidity benefit,

• non-contributory invalidity pension,

• injury benefit,

• disablement benefit”; and

(b)for subsection (6) substitute—

“(6)For the purposes of this section disablement benefit in the form of a gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.”

Employment and Training Act (Northern Ireland) 1950 (c. 29)

73In sections 3(6) and 5(4) of the Employment and Training Act (Northern Ireland) 1950, for "Part I of the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".

74In section 5(3) of that Act for " the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".

Judicial Pensions Act (Northern Ireland) 1951 (c. 20)

75The following section shall be substituted for section 3 of the Judicial Pensions Act (Northern Ireland) 1951—

“3Application of Part II.

Without prejudice to section 2(6)(a) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (application of certain provisions in respect of President of the Industrial Court or of the Industrial Tribunals), this Part shall apply in relation to service by a person as a National Insurance Commissioner remunerated by means of a salary ; but in its application to such a Commissioner this Part shall have effect subject to paragraph 7(3) and (4) of Schedule 10 to the Social Security (Northern Ireland) Act 1975, "serve" and " service " being construed accordingly”.

76The following section shall be substituted for section 16 of that Act—

“16Departmental recommendation required in certain cases.

The grant under this Part of this Act of a lump sum or widow's or children's pension conditional on eligibility for a pension for service as a National Insurance Commissioner shall require the recommendation of the Department of Health and Social Services”.

77In section 22(1) of that Act for the definition of "National Insurance Commissioner" substitute the following—

• “' National Insurance Commissioner ' means a National Insurance Commissioner appointed under section 97(3) of the Social Security (Northern Ireland) Act 1975 ;”

Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 (c. 29)

78In Schedule 2 to the Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 at the end insert the following entry—

• “The Social Security (Northern Ireland) Act 1975 (1975 c. 15)”.

Companies Act (Northern Ireland) 1960 (c. 22)

79In section 287(1)(e) of the Companies Act (Northern Ireland) 1960 after " 1973 " insert " and those specified in section 144(2) of the Social Security (Northern Ireland) Act 1975 and section 153(2) of the Social Security Act 1975

Companies (Amendment) Act (Northern Ireland) 1963 (c. 25)

80In section 3(6)(b) of the Companies (Amendment) Act (Northern Ireland) 1963 for the words from "for the purposes of" onwards substitute " for the purposes of the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975 as earnings paid in that period ".

Industrial Training Act (Northern Ireland) 1964 (c. 18)

81In the Industrial Training Act (Northern Ireland) 1964, substitute the following for section 11—

“11Industrial injuries benefit for accidents in training.

(1)In relation to accidents happening to employed earners (within the meaning of Chapter IV of Part II of the Social Security (Northern Ireland) Act 1975) who attend courses or avail themselves of other facilities provided or approved by an industrial training board, sections 52 to 54 of that Act have effect subject to the following modifications.

(2)For the purposes of section 52 an act done by the employed earner for the purposes of and in connection with his training shall, if it is not done for the purposes of and in connection with his employer's trade or business, be deemed to be so done.

(3)For the purposes of section 53, a vehicle (within the meaning of that section) which is operated by or on behalf of an industrial training board or some other person by whom it is provided in pursuance of arrangements made with an industrial training board shall, if not operated and provided as mentioned in subsection (1)(b)(i) of that section, be deemed to be so operated and provided.

(4)For the purposes of section 54, any premises at which an employed earner is for the time being employed for the purposes of his training shall, if they are not premises at which he is for the time being employed for the purposes of his employer's trade or business, be deemed to be such premises”.

Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964 (c. 32)

82In section 1 of the Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964—

(a)in subsection (1)—

(i)in paragraph (a)(ii) after " income tax " insert " or Class 4 contributions under Part I of the Social Security (Northern Ireland) Act 1975 or Part I of the Social Security Act 1975 ";

(ii)for paragraph (e) substitute—

“(e)all the debts specified in section 93(2) of the Social Security Act 1973 ;

(ee)the debts specified in section 144(2) of the Social Security (Northern Ireland) Act 1975 or section 153(2) of the Social Security Act 1975”;

(b)in subsection (1(3)(c) for the words from " for the purposes of" onwards substitute " for the purposes of the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975 as earnings paid in that period ".

Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19)

83In sections 27(3) and (4A) and 501(lA)(a) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965. for " the day appointed for the coming into force of section 2 of the Social Security Act 1973 " substitute " 6th April 1975 ".

84In section 27 of that Act, in subsection (4A)(b) for " that Act" substitute " the Social Security (Northern Ireland) Act 1975 ", and in subsection (6)(b) for " the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".

85In section 41(4) of that Act for " section 45" substitute " section 128 " and for " the Social Security Act 1973 " (in both places) substitute " the Social Security (Northern Ireland) Act 1975 ".

86In section 50(1A)(b) of that Act for "section 2(4)(a) of the said Act of 1973 " substitute " section 4(4)(a) of the Social Security (Northern Ireland) Act 1975 ".

87In section 55(1) of that Act for " the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".

Family Allowances Act (Northern Ireland) 1966 (c. 8)

88For section 5 of the Family Allowances Act (Northern Ireland) 1966. (claims and determination of questions) substitute—

“5(1)Subject to the provisions of this Act and section 80(1) of the Social Security (Northern Ireland) Act 1975 and in accordance with regulations made under this Act, all claims for or in respect of allowances shall be made to the Ministry.

(2)Part III of the Social Security (Northern Ireland) Act 1975 shall apply in relation to the determination of any question arising under this Act, being—

(a)a question as to the right to an allowance in respect of any person for any family ; or

(b)a question which by virtue of the Schedule to this Act falls to be decided by the Ministry in its discretion,

as it applies to the determination of questions as to the right to benefit under Chapters I to III of Part II of that Act or, as the case may be, to a question within paragraph (b) of this subsection arising under those Chapters, subject, in the case of a question within paragraph (a) of this subsection, to any modifications prescribed for the purposes of this subsection under section 114 of that Act.”

89In section 8 of that Act—

(a)substitute the following for subsection (1)—

“(1)Without prejudice to the provisions of section 86 of the Social Security (Northern Ireland) Act 1975, sections 82(3) and 119 of that Act shall apply—

(a)in relation to an allowance and to sums paid on account of an allowance as they apply in relation to, or to sums paid by way of, benefit under Chapters I to III of Part II of that Act; and

(b)in relation to the person to whom an allowance belongs as they apply in relation to a beneficiary under those Chapters ;

and any sums repaid to the Ministry by virtue of this subsection shall be paid by it into the Consolidated Fund”.

(b)in subsection (2) for " section 80(3)" substitute " section 119(3) " and for " section 80(3) and (4) " substitute " section 119(3) and (4) ";

(c)in subsection (3), for " section 80(3)" substitute " section 119(3) ", and for the words from "benefit" onwards substitute " benefit or payments under Part II of the Social Security (Northern Ireland) Act 1975 or from allowances under the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 ".

90In section 11 of that Act, substitute the following for subsection (5)—

“(5)Where a person is entitled in respect of a child to a guardian's allowance under section 38 of the Social Security (Northern Ireland) Act 1975, any allowances payable under this Act for his family shall be such only as would be payable if that child were not included in the family.”

91Before section 12 of that Act insert—

“11ARegulations under the Social Security (Northern Ireland) Act 1975 may provide, for the purposes of this Act, as to the circumstances in which—

(a)a marriage celebrated under a law which permits polygamy ; or

(b)a marriage during the subsistence of which a party to it is at any time married to more than one person,

is to be treated as having or not having the consequences of a marriage celebrated under a law which does not permit polygamy”.

92In section 15(2) of that Act for " section 79 of the Insurance Act" substitute " paragraph 3 or 4 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 ".

93In section 21(3) of that Act for " section 96(3) and (7) of the Social Security Act" substitute " section 155(3) and (7) of the Social Security (Northern Ireland) Act 1975 ".

Supplementary Benefits &c. Act (Northern Ireland) 1966 (c. 28)

94In section 12(1) of the Supplementary Benefits &c. Act (Northern Ireland) 1966, for the words from " unemployment" to " refuses" substitute " unemployment benefit under Chapter I of Part II of the Social Security (Northern Ireland) Act 1975 refuses ".

95In section 17(1) of that Act, for paragraphs (a) and (b) substitute—

“(a)benefit (other than a maternity grant or a death grant) under Part II of the Social Security (Northern Ireland) Act 1975”;

and for paragraph (d) substitute—

“(d)allowances under the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 ;”.

96In section 18(1) of that Act the following shall be substituted for paragraph (e) (as set out in the Social Security Act 1973, Schedule 27, paragraph 158)—

“(e)for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within such period as may be specified in the regulations, not being less than twelve months from the date on which the right is to be treated under the regulations as having arisen.”

97In section 19(2) of that Act for the words from " the National" to " 67(3)(c)" substitute " Part III of the Social Security (Northern Ireland) Act 1975 in like manner as a reference under section 99(2)(c) ".

98In section 26 of that Act, substitute the following for subsection (4)—

“(4)Where any amount paid by way of benefit is recoverable under this section, it may, without prejudice to any other method of recovery, be recovered by deduction from benefit under Part II of the Social Security (Northern Ireland) Act 1975”.

99After section 37 of that Act insert—

“37AInspectors.

(1)Every appointment of an inspector under section 135 of the Social Security (Northern Ireland) Act 1975 shall be an appointment also for the purposes of this Act.

(2)In sections 135(2) to (5) and 136 of that Act references to that Act include this Act; and in section 136(1)(b) the reference to benefit includes benefit within the meaning of this Act.

37BReciprocity with other countries.

(1)For the purpose of giving effect to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to those of this Act, the Secretary of State may by order provide for modifying or adapting this Act in its application to cases affected by the agreement.

(2)The modifications of this Act which may be made by virtue of subsection (1) include provision—

(a)for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit);

(b)for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights is to be available to the person concerned ;

(c)for making any financial adjustments.

(3)In relation to the power to make orders which is conferred by this section, and to orders made in the exercise of the power, section 155(3) and (7) and section 157(4) of the Social Security (Northern Ireland) Act 1975 (additional matters which may be dealt with by Order in Council; power to revoke and vary etc.) apply as they do for the purposes of that Act.”

100In section 40(1) of that Act, for the definitions of " place of employment" and " trade dispute " substitute—

• “' place of employment ' and ' trade dispute ' have the same meanings as in section 19 of the Social Security (Northern Ireland) Act 1975”.

101In Schedule 2 to that Act—

(a)in paragraph 2(3) for the words from "any benefit" to " 1969" substitute " benefit under the Social Security (Northern Ireland) Act 1975 ";

(b)in paragraph 11 (formerly 10A) in sub-paragraph (1)(a) for the words preceding " (disqualification " substitute " he is disqualified for receiving unemployment benefit under the Social Security (Northern Ireland) Act 1975 by virtue of section 20(1) of that Act ";

(c)in paragraph 12 (formerly 12A) substitute for sub-paragraphs (2) and (3)—

“(2)In this paragraph—

(a)" attendance allowance" means an attendance allowance under Chapter II of Part II of the Social Security (Northern Ireland) Act 1975 ;

(b)" attendance requirements " in relation to a disabled person means that person's requirements, by reason of the severity of his physical or mental disablement, for such attention or supervision from another person as is referred to in section 35(1) of the Social Security (Northern Ireland) Act 1975 or, in relation to a disabled child, that subsection as modified by regulations made under subsection (5) of that section.

(3)For the purposes of this paragraph, the provisions of regulations under Chapter VI of Part II of the Social Security (Northern Ireland) Act 1975 relating to overlapping benefits shall not be treated as affecting the rate of attendance allowance to which a person is entitled.”;

(d)in paragraph 20, for sub-paragraphs (a) and (b) substitute—

“(a)any maternity grant under section 21 of the Social Security (Northern Ireland) Act 1975 ;

(b)any death grant under section 32 of that Act;”;

(e)in paragraph 24 (as substituted by paragraph 5 of Schedule 3 to the Social Security Benefits Act 1975)—

(i)in sub-paragraph (3) for "Part I of the Social Security Act 1973 " substitute " Chapters I to III of Part II of the Social Security (Northern Ireland) Act 1975 ";

(ii)for sub-paragraph (4) substitute—

“(4)This paragraph does not apply to income so far as it consists of injury benefit under Part II of the Social Security (Northern Ireland) Act 1975 or industrial death benefit under Part II of that Act except—

(a)so much of—

(i)any widow's pension payable at the higher permanent rate under section 68 of that Act, or

(ii)any widower's pension under section 69 of that Act,

as exceeds the rate specified in Part I of Schedule 4 to that Act for a widow's pension under section 26 of the Act;

(b)£0.38 of any allowance under section 70 of that Act in respect of—

(i)an only, or the elder or eldest qualifying child, or

(ii)a second qualifying child ;

(c)£0.28 of any allowance under that section in respect of any additional qualifying child beyond the first two ;

(d)any parent's pension under section 71. of that Act;

(e)any relative's pension under section 72. of that Act.”

(iii)in sub-paragraph (5), for "the Social Security Act 1973 " substitute " the Social Security (Northern Ireland) Act 1975 ".

Births and Deaths Registration Act (Northern Ireland) 1967 (c. 25)

102In Schedule 2 to the Births and Deaths Registration Act (Northern Ireland) 1967 at the end, insert the following entry—

• “The Social Security (Northern Ireland) Act 1975 (1975 c. 15)”.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

103In section 119(3) of the Children and Young Persons Act (Northern Ireland) 1968 for the words from " under section " to the end substitute " under section 32 of the Social Security (Northern Ireland) Act 1975 ".

Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c. 7)

104In section 1(4) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 for paragraph (d) substitute—

“(d)paragraphs 5 to 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 ;”.

Welfare Services Act (Northern Ireland) 1971 (c. 2)

105In section 25(4) of the Welfare Services Act (Northern Ireland) 1971 for the words from " under section" to the end substitute " under section 32 of the Social Security (Northern Ireland) Act 1975 ".

Family Income Supplements Act (Northern Ireland) 1971 (c. 8)

106In section 8(4) of the Family Income Supplements Act (Northern Ireland) 1971 for the words from " benefit" to " 1969 " (where it first occurs) substitute " benefit under the Social Security (Northern Ireland) Act 1975 ".

Social Services (Parity) Act (Northern Ireland) 1971 (c. 21)

107In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words from the beginning to " Fund " in the second place where it occurs substitute " Subject to the provision made by section 129(5) of the Social Security (Northern Ireland) Act 1975 for reimbursement out of the Northern Ireland National Insurance Fund ".

108In Schedule 1 to that Act, after the entry for the Family Income Supplements Act 1970 insert—

• “The Social Security Act 1975 The Industrial Injuries and Diseases (Old Cases) Act 1975”.

Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)

109In Part I of Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 for paragraph 12 substitute—

“12A pension payable under paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975”.

Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972 No. 1265 (N.I. 14))

110In Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 for the definition of " trade dispute " substitute—

• “' trade dispute ' has the same meaning as in section 19 of the Social Security (Northern Ireland) Act 1975 ;”.

111In Article 39(2) of that Order for the words from " death grant in respect of that death" to the end substitute " death grant in respect of that death under section 32 of the Social Security (Northern Ireland) Act 1975 ".

National Insurance Measure (Northern Ireland) 1974 (c. 4)

112In section 5(1) of the National Insurance Measure (Northern Ireland) 1974 for "or Part I of the Social Security Act 1973" substitute " the Social Security (Northern Ireland) Act 1975 or the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 ".