Social Security (Consequential Provisions) Act 1975

Sections 2 and 4.

SCHEDULE 3Transitional Provisions and Savings

PART ISupersession of National Insurance Acts

1References in this Schedule to regulations refer to, or are to be construed as including, regulations under the 1973 Act, wherever the context is appropriate for that construction; and " prescribed " (meaning prescribed by regulations) is to be construed accordingly.

2Subject to the following provisions of this Part of this Schedule, on and after the appointed day no person shall be insured under the former principal Act or entitled to benefit under that Act; and in respect of any period beginning on or after that day no contributions shall be payable under any of the enactments specified in section 1(6) of the 1973 Act.

3Regulations may provide that, in relation to—

(a)persons who cease by virtue of paragraph 2 above to be insured under the former principal Act,

(b)persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before the appointed day, and

(c)persons who had a prospective right to, or expectation of,

any benefit under that Act immediately before that day, the provisions of the 1973 Act and the new Act (so far as it replaces by consolidation provisions of the 1973 Act) shall have effect subject to such modifications as may be prescribed with a view to securing continuity between the new Act and the former principal Act.

4Without prejudice to the generality of the powers conferred by paragraph 3 above, regulations under that paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited under the former principal Act or the National Insurance Act 1946 or any enactment repealed by the last-mentioned Act.

5Regulations may provide that the 1973 Act, the new Act (so far as it replaces by consolidation provisions of the 1973 Act) and this Part of this Schedule (except this paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 16 before the appointed day and who, immediately before that day, were not insured under the former principal Act.

6(1)Regulations may make such provision as the Secretary of State thinks appropriate for enabling unpaid contributions under the former legislation to be recovered and disposed of under sections 151 and 152 of the new Act (applying those sections by analogy and with the necessary modifications) in the case of a person being convicted of such an offence as is mentioned in section 150(1) or (2)(a) of that Act committed in the period of 2 years beginning with the appointed day.

(2)For this purpose—

(a)" the former legislation" means the former principal Act, section 1 of the [1965 c. 54.] National Health Service Contributions Act 1965, section 2(1)(c) of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 and section 27 of the [1965 c. 62.] Redundancy Payments Act 1965 ;

(b)" contributions " includes payments in lieu of contributions for the purposes of Part III of the former principal Act.

7Notwithstanding any repeal effected by the 1973 Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the former principal Act or any other enactment specified in the third column of Schedule 28 to the 1973 Act (repeals) as the Secretary of State considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in his opinion adequate alternative rights to benefit under the new Act are not conferred in pursuance of paragraph 3 above, or for temporarily retaining the effect of those provisions for transitional purposes.

8In the foregoing provisions of this Schedule, any reference to benefit under the former principal Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 11 to the former principal Act (pre-1948 beneficiaries).

9(1)Without prejudice to the powers conferred by any provision of the 1973 Act, the new Act or this Part of this Schedule, regulations may make such provision as the Secretary of State thinks expedient—

(a)for facilitating the introduction of (respectively)—

(i)the scheme of social security contributions and benefits established by the new Act, and

(ii)the reserve pension scheme established by Part III of the 1973 Act and the provisions of Part II of that Act relating to the recognition of employments,

(b)for modifying the system of insurance contained in the former principal Act (so far as it continues in force after the passing of the 1973 Act) so as to bring it into conformity with those schemes and provisions; and

(c)for facilitating the winding up of that system of insurance or the disposal of matters connected with that system or with any enactment repealed or modified by the 1973 Act or the new Act so far as it replaces by consolidation the provisions of that Act.

(2)Regulations made by virtue of this paragraph may—

(a)include provisions modifying any enactment specified in the third column of Schedule 28 to the 1973 Act or any instrument in force by virtue of such an enactment as respects any period during which the enactment continues in force after the passing of the 1973 Act;

(b)provide for the repeal or modification of any enactment by the 1973 Act (or by the new Act so far as it replaces by consolidation provisions of the 1973 Act) to have effect subject to prescribed savings ;

(c)include provisions for making such modifications of any enactment as the Secretary of State considers appropriate having regard to any modifications which, by virtue of paragraph 7 above, are made in provisions of the former principal Act continued in force by virtue of that paragraph.

10Her Majesty may by Order in Council provide—

(a)that an Order in Council under section 105 of the former principal Act (reciprocity agreements) shall for the purposes of section 143 of the new Act have effect with such modifications as may be specified in the Order under this paragraph and shall have effect as if any reference in those sections to an agreement included a reference to a proposed agreement ;

(b)that an Order in Council under section 84 of the former Industrial Injuries Act or section 143 of the new Act, and any regulations having effect by virtue of section 22(2) of the Family Allowances Act (which also relates to reciprocity agreements), shall have effect with such modifications as may be so specified.

11(1)Any instrument (except regulations, an Order in Council or another order) and any appointment which is in force immediately before the appointed day and was made or has effect as if made under an enactment repealed by the 1973 Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of the new Act replacing one in the 1973 Act, be deemed to be so made except to the extent that regulations otherwise provide ; and a reference in any document to an enactment repealed and re-enacted by the 1973 Act with or without modifications shall, in so far as the context permits, be construed as a reference to the new Act or the corresponding enactment therein.

(2)Sections 139(1), 166(1) to (3) and 167(3) of the new Act (provisions about regulations, including reference to N.I.A.C. and Parliamentary control) apply to regulations under this Part of this Schedule as they apply to regulations under that Act, except that section 139(1) does not apply to such regulations made within a period of 12 months beginning with the appointed day.

12(1)In this Part of this Schedule as it applies to Northern Ireland, for any reference specified in column 1 of the following Table there is to be substituted the reference specified in column 2.

(2)In paragraph 2 of this Schedule as it applies to Northern Ireland, the reference to section 1(6) of the 1973 Act is to that subsection as adapted by paragraphs 2 and 3 of Schedule 13 to that Act.

(3)In paragraph 9 of this Schedule as it applies to Northern Ireland, the reference to the Secretary of State—

(a)for purposes of sub-paragraph (1)(a)(ii) of that paragraph stands without the substitution mentioned in the Table above;

(b)for purposes of sub-paragraph (2)(c) of that paragraph stands without that substitution, but includes the Department of Health and Social Services for Northern Ireland.

(4)In paragraph 10(b) of this Schedule as it applies to Northern Ireland, omit " and any regulations having effect by virtue of section 22(2) of the Family Allowances Act ".

PART IIGeneral Transitional Provisions and Savings

13(1)In so far as any Order in Council or other order, regulation, appointment or other thing made or done under an enactment repealed by this Act could have been made or done under a corresponding provision of one of the consolidations or of this Act, it shall not be invalidated by the repeal but shall have effect as if made, given or done under that corresponding provision.

(2)Anything begun under an enactment repealed by this Act may be continued under whichever is the corresponding enactment in the consolidations or this Act, as if begun thereunder.

(3)References in the consolidations to things done, suffered or occurring in the past shall, so far as the context requires for the purpose of continuity of operation between enactments repealed by this Act and the corresponding enactments in the consolidations, be construed as including references to things done, suffered or occurring before the appointed day.

(4)So much of any document as refers expressly or by implication to an enactment of which the effect is reproduced by an enactment comprised in the consolidations or this Act shall, if and so far as the context permits (and taking into account, as and where appropriate, the effect of the pre-consolidation amendments), be construed as referring to the last-mentioned enactment.

The " pre-consolidation amendments " are those made by section 6(5) of, and Schedule 4 to, the [1974 c. 14.] National Insurance Act 1974 and section 5(6) of, and Schedule 1 to, the [1974 c. 58.] Social Security Amendment Act 1974.

(5)References in this paragraph to the consolidations include references to other enactments remaining in force on and after the appointed day so far as (in consequence of amendments made by this Act) they make provision corresponding to provision made by an enactment repealed by this Act.

14(1)Paragraph 13 above applies in particular to any claim for, or award of, benefit before the appointed day and to anything done or occurring in or for the purposes of adjudication proceedings before that day.

(2)A question whether a person became or ceased to be entitled to benefit before the appointed day, and any other question with respect to benefit in respect of a period before that day, is to be determined in accordance with provisions with respect to those matters in force during that period.

15The repeal by this Act of provisions for the entry into force of any enactment does not affect anything having effect or done under or by virtue of those provisions.

16Nothing in this Act affects the permissible citation or joint citation of any other Act or group of Acts.

PART IIISpecific Transitional Provisions and Savings (including some retained from previous acts)

Great Britain

17Any right to disablement benefit claimed in respect of a period before 26th August 1953 shall be determined in accordance with sections 11(4) and 12(1) of the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 (" the Act of 1946 ") as originally enacted, except that the date when the injury benefit period is to be treated as coming to an end shall be determined in accordance with section 56(4) of the new Act unless the claimant made an earlier claim in respect of the same accident before 26th August 1953 which was not withdrawn before its final determination.

18In determining a woman's right to a pension or allowance in respect of a deceased person under sections 67 or 68 or section 71, 72 or 73 of the new Act for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of that Act, her cohabitation with a man at any time after the deceased's death but before that date shall be disregarded ; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to the new Act, affect the right of any other persons to benefit awarded before that date.

19A claim in respect of a period before 1st March 1966 for an allowance under a scheme made under the [1951 c. 22.] Workmen's Compensation (Supplementation) Act 1951 or the [1951 c. 4 (15 Geo. 6.).] Pneumoconiosis and Byssinosis Benefit Act 1951 or for an allowance under the [1956 c. 51.] Workmen's Compensation and Benefit (Supplementation) Act 1956 may be made and, when made, shall be determined, and any award thereon in respect of such a period shall be made, as if the [1965 c. 79.] Workmen's Compensation and Benefit (Amendment) Act 1965, the [1967 c. 34.] Industrial Injuries and Diseases (Old Cases) Act 1967 and the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975 had not been passed ; and if on any such claim an allowance is awarded section 9(2) of the said Act of 1975 shall apply as if the claimant had been receiving payment of that allowance immediately before the commencement of that Act, whether or not he was in fact doing so.

20In section 110(4) of the new Act the reference to a final assessment does not include an assessment made for the purpose of section 12(1)(a) or (b) of the Act of 1946 as originally enacted and having the effect that benefit is not payable.

21The Secretary of State shall continue to have power by regulations to make such transitional or consequential provisions as appear to him to be necessary or expedient having regard to the repeal by section 89 of the Act of 1946 of enactments in relation to diseases and to injuries not caused by accident, including provision for modifying or winding up any scheme made under an enactment repealed by that section; and for the avoidance of doubt, the provision which may be made by virtue of this paragraph for modifying such a scheme as is mentioned above includes provision for the union of any fund established under such a scheme with any other fund established for comparable purposes.

22(1)Her Majesty shall continue to have power by Order in Council to make or authorise the making of such provision as appears to Her to be necessary or expedient having regard to the provisions of section 89 of the Act of 1946, for—

(a)modifying or winding up any contracting-out scheme certified under section 31 of the [1925 c. 84.] Workmen's Compensation Act 1925 ;

(b)winding up any compensation trust established under the [1934 c. 23.] Workmen's Compensation (Coal Mines) Act 1934.

(2)Provision in relation to deposits made under section 4 of the said Act of 1934 by mutual indemnity associations for any matters consequential on the passing of section 89 of the Act of 1946 may, notwithstanding the repeal of the said Act of 1934, continue to be made by rules under the said section 4,

23The repeal of the Workmen's Compensation Act 1925 shall not affect any rules of court made under the [1927 c. 15.] Workmen's Compensation (Transfer of Funds) Act 1927, or the power to make new rules of court thereunder.

24The repeal by this Act of Part II of Schedule 6 to the [1969 c. 4.] National Insurance Act 1969 does not affect any past operation of that Part of the Schedule in relation to increases of benefit.

25The repeal by this Act of section 6(2) of the [1974 c. 14.] National Insurance Act 1974 (scope of revoking regulations relating to joint arrangements with Northern Ireland) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection ; and—

(a)the Secretary of State's power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue, notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph ; and

(b)subsection (3) of section 6 of the National Insurance Act 1974 (regulation-making powers exercisable by statutory instrument etc.) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.

26The repeal by this Act of section 2(2) of the [1974 c. 58.] Social Security Amendment Act 1974 (vires for regulations made under section 40(4) of the 1973 Act) does not affect the validity of any regulations to which that subsection applies.

Social Security Benefits Act 1975 : commencement and transitional provisions

27(1)So much of any order made under paragraph 1 of Schedule 5 to the 1975 amending Act (commencement) as makes any incidental, supplementary or other provision by virtue of sub-paragraph (2)(a) of that paragraph shall continue in force notwithstanding any repeal effected by this Act.

(2)Insofar as such an order makes provision by reference to, or for the purposes of, an enactment repealed by this Act and replaced by a corresponding provision in the consolidations or this Act, that provision of the order shall continue in force by reference to, or for the purposes of, the said corresponding provision.

(3)For the purpose of continuing the Secretary of State's power on and after the appointed day to make, vary and revoke orders under paragraph 1 of Schedule 5 to the 1975 amending Act, the references in that paragraph to that Act and provisions of it are to be construed as referring, or as including references, to this Act and the corresponding provisions of the consolidations.

28Sections 139 and 141(2) of the new Act (consultation with N.I.A.C. and I.I.A.C.) shall not apply to regulations made, or to a draft of regulations laid before Parliament, if—

(a)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any provision of the 1975 amending Act relating to non-contributory invalidity pension or invalid care allowance and the regulations are made, or the draft is laid, before the day appointed for the coming into force of that provision (or, as the case may be, for the coming into force of the corresponding provision in the new Act); or

(b)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any other provisions of the 1975 amending Act (or, as the case may be, any other provisions of the new Act which correspond to those of the 1975 amending Act) and the regulations are made, or the draft is laid, before the expiration of the period of 6 months beginning with the passing of the 1975 amending Act.

29(1)The affirmative procedure provisions shall not apply to any regulations, order or scheme if—

(a)the instrument containing the regulations states that they are made, or the instrument containing the order or scheme states that it is made, in consequence of the 1975 amending Act or provisions of the consolidations replacing those of that Act; and

(b)the regulations are made, or the order or scheme is made, before the expiration of 6 months beginning with the passing of the 1975 amending Act.

(2)Where, apart from sub-paragraph (1) above, any of the affirmative procedure provisions would apply to an instrument, that instrument shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In this paragraph " the affirmative procedure provisions" means section 167(1) of the new Act and section 4(8)(a) of the Old Cases Act.

30(1)The Secretary of State may by regulations provide that paragraph 15(b)(ii) of Part V of Schedule 4 to the new Act shall have effect, in relation to a child in respect of whom no allowance is payable under the Family Allowances Act, as if for "£1.60" there was substituted " £1.80 " in the case of a second qualifying child and " £1.70 " in the case of any additional qualifying child beyond the first two (being the rates that would have applied apart from the provisions of section 2 of the 1975 amending Act).

(2)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Northern Ireland

31Paragraphs 17, 18, 20, 24, 26, 27, 29 and 30 above (but not paragraph 19, paragraphs 21 to 23, paragraph 25 or 28) apply to Northern Ireland with the substitution for any reference or words specified in column 1 of the following Table of the reference or words specified in relation thereto in column 2.

32(1)A claim in respect of a period before 10th May 1966 for an allowance under a scheme made under the [1951 c. 16 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1951 or under regulations made under the [1956 c. 9 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1956 may be made, and, when made, shall be determined, and any award thereon in respect of such a period shall be made, as if the [1966 c. 14 (N.I.).] Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966 and the [1975 c. 17.] Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 had not been passed; and if on any such claim an allowance is awarded, section 5(2) of the said Act of 1975 shall apply as if the claimant had been receiving payment of that allowance. immediately before 10th May 1966, whether or not he was in fact doing so.

(2)Regulations made by the Department under the said Act of 1975 may include provision for the payment or award in respect of any period beginning on or after the appointed day of an allowance under that Act without any further award or, as the case may be, any further claim, in a case where evidence of the satisfaction of the conditions for that allowance is afforded by the awards before that day or under sub-paragraph (1) of an allowance under a scheme or regulation mentioned in that sub-paragraph.

(3)An allowance paid under a scheme or regulation mentioned in sub-paragraph (1) in respect of any period commencing on or after the appointed day shall, except for the purposes of section 5(2) of the said Act of 1975, be treated as paid on account of an allowance under that Act and the amount of any allowance payable under that Act for that period shall be adjusted accordingly.

33The Department shall continue to have power by regulations to make such transitional or consequential provisions as appear to it to be necessary or expedient having regard to the repeal by section 88 of the [1946 c. 21 (N.I.).] National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 of any enactment in relation to diseases and to injuries not caused by accident, including provisions for modifying or winding up any scheme made under any enactment repealed by that section and for the union of any fund established under any such scheme with any other fund established for comparable purposes.

34The repeal of the [1927 c. 16 (N.I.).] Workmen's Compensation Act (Northern Ireland) 1927 shall not affect any rules of court made under section 38 of that Act or the power to make new rules of court under that section.

35The repeal by this Act of section 5(2) of the [1974 c. 4 (N.I.).] National Insurance Measure (Northern Ireland) 1974 (scope of revoking regulations relating to joint arrangements with Great Britain) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection ; and—

(a)the Department's power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph ; and

(b)subsection (3) of section 5 of the National Insurance Measure (Northern Ireland) 1974 (regulations to be subject to negative resolution) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.