SCHEDULES

Section 3(3).

SCHEDULE 1E+W+S Circumstances in which Periods of Entitlement do not Arise

1A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

2The circumstances are that—

(a)at the relevant date the employee is over pensionable age;

(b)the employee’s contract of service was entered into for a specified period of not more than three months;

(c)at the relevant date the employee’s normal weekly earnings are less than the lower earnings limit then in force under section 4(1)(a) of the principal Act;

(d)the employee had—

(i)in the period of 57 days ending immediately before the relevant date, at least one day which formed part of a period of interruption of employment; and

(ii)at any time during that period of interruption of employment, an invalidity pension day (whether or not the day referred to in sub-paragraph (i) above);

(e)in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

(i)he was entitled to sickness benefit (or on which he would have been so entitled if he had satisfied the contribution conditions for sickness benefit mentioned in section 14(2)(a) of the principal Act); or

(ii)she was entitled to a maternity allowance;

(f)the employee has done no work for his employer under his contract of service;

(g)on the relevant date there is, within the meaning of section 19 of the principal Act, a stoppage of work due to a trade dispute at the employee’s place of employment;

(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(i)the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 3(9) of this Act).

3In this Schedule “relevant date” means the date on which a period of entitlement would begin in accordance with section 3 of this Act if this Schedule did not prevent it arising.

4(1)Paragraph 2(b) above does not apply in any case where—

(a)at the relevant date the contract of service has become a contract for a period exceeding three months; or

(b)the contract of service (the “current contract”) was preceded by a contract of service entered into by the employee with the same employer (the “previous contract”) and—

(i)the interval between the date on which the previous contract ceased to have effect and that on which the current contract came into force was not more than eight weeks; and

(ii)the aggregate of the period for which the previous contract had effect and the period specified in the current contract (or, where that period has been extended, the specified period as so extended) exceeds thirteen weeks.

(2)For the purposes of sub-paragraph (1)(b)(ii) above, in any case where the employee entered into more than one contract of service with the same employer before the current contract, any of those contracts which came into effect not more than eight weeks after the date on which an earlier one of them ceased to have effect shall be treated as one with the earlier contract.

5(1)In paragraph 2(d) above “invalidity pension day” means a day—

(a)for which the employee in question was entitled to an invalidity pension [F2or a severe disablement allowance] or a non-contributory invalidity pension; or

(b)for which he was not so entitled but which was the last day of the invalidity pension qualifying period.

(2)In sub-paragraph (1)(b) above the “invalidity pension qualifying period” means the period mentioned in section 15(1) of the principal Act or, as the case may be, section 15(2) or 16(2) of the M1Social Security Pensions Act 1975 as falling within the period of interruption of employment referred to in that section.

6For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than eight weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he . . . F3 have a direct interest in, the trade dispute in question.

8Paragraph 2(i) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (within the meaning of section 3(9) of this Act).

Section 10.

SCHEDULE 2E+W+S Relationship With Benefits and Other Payments, Etc.

The general principleE+W+S

1Any day which—

(a)is a day of incapacity for work in relation to any contract of service; and

(b)falls within a period of entitlement (whether or not it is also a qualifying day);

shall not be treated, for the purposes of the principal Act or [F4, except as provided by paragraph 1A below, of] the M2Social Security Pensions Act 1975, as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

[F51AParagraph 1 above shall not apply for the purpose of determining whether the conditions specified in sections 15(2) and 16(2) respectively of the Social Security Pensions Act 1975 (invalidity pension for widows and for widowers) are satisfied.]

Contractual remunerationE+W+S

2(1)Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory sick pay shall not affect any right of an employee in relation to remuneration under any contract of service (“contractual remuneration”).

(2)Subject to sub-paragraph (3) below—

(a)any contractual remuneration paid to an employee by an employer of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay statutory sick pay to that employee in respect of that day; and

(b)any statutory sick pay paid by an employer to an employee of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay contractual remuneration to that employee in respect of that day.

(3)Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraph (1) or (2) above.

Sickness and unemployment benefitE+W+S

3(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end; and

(b)the first day immediately following the day on which the period of entitlement came to an end—

(i)is a day of incapacity for work in relation to that employee; and

(ii)is not prevented by paragraph 1 above from being treated as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

(2)In a case to which this paragraph applies, the day of incapacity for work mentioned in sub-paragraph (1)(b) above shall, except in prescribed cases, be or as the case may be form part of a period of interruption of employment notwithstanding section 17(1)(d)(ii) of the principal Act (which requires a period of interruption of employment to consist of four or more consecutive days of incapacity for work).

(3)Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day falling within sub-paragraphs (i) and (ii) of sub-paragraph (1)(b) above, sub-paragraph (2) above shall have effect in relation to the second day or, as the case may be, the second and third days, as it has effect in relation to the first day.

(4)Any day which is, by virtue of section 17(1)(e) of the principal Act, to be disregarded in computing any period of consecutive days for the purposes of that Act shall be disregarded in determining, for the purposes of this paragraph, whether a day is the first day following the end of a period of entitlement or, as the case may be, the second or third consecutive such day.

4(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end; and

(b)that employee has a day of incapacity for work which—

(i)is, or forms part of, a period of interruption of employment; and

(ii)falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.

(2)In a case to which this paragraph applies, section 14(3) of the principal Act (which provides for no entitlement to unemployment or sickness benefit for the first three days of any period of interruption of employment) shall not apply in relation to a day of incapacity for work of a kind mentioned in sub-paragraph (1)(b) above or to any later day in the period of interruption of employment concerned.

5E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

6E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

7—11.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Employment Protection (Consolidation) Act 1978 (c. 44)E+W+S

12E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

13In paragraphs 2(2) and 3(3) of Schedule 3 to the Act of 1978 (sick pay etc. treated as discharging employer’s liability towards employee in period of notice terminating contract of employment) in each case, after the words “sick pay” there are inserted the words “ statutory sick pay ”.

SCHEDULE 3E+W+S . . . F10

Section 48(5).

SCHEDULE 4U.K. Amendments and Transitional Provisions

Part IU.K. MINOR AND CONSEQUENTIAL AMENDMENTS

[F11 National Assistance Act 1948 (c. 29)U.K.

1E+W+SIn section 44 of the National Assistance Act 1948 (affiliation orders)—

(a)in subsection (4) for the words “the mother or a person appointed to have custody of the child” there are substituted the words “ a person entitled thereunder ” ; and

(b)in subsection (6) for the words from “the mother or a person” to the end there are substituted the words “ a person entitled as mentioned in subsection (4) above ”.]

2U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Industrial Training Act 1964 (c. 16)E+W+S

3E+W+SSection 10 of the Industrial Training Act 1964 (accidents in connection with training), as it applies otherwise than in relation to the Agricultural Training Board, shall have effect as if after the word “board” in subsection (1) and in each place where it occurs in subsection (3) there were inserted the words “ the Commission or the Minister ”.

4, 5.E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Housing Fiannce Act 1972 (c. 47)E+W+S

6(1)In paragraph 1(1)(a) of Schedule 1 to the Housing Finance Act 19772 (the Housing Revenue Account) the words “or water rates or charges” are hereby repealed.E+W+S

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

National Insurance Act 1974 (c. 14)E+W+S

7In section 6(1) of the National Insurance Act 1974 (power to make regulations providing, amongst other thngs, for the correction of accidental errors in decisions or records of decisions under relevant enactments) there are added, at the end, the words “ or the Social Security and Housing Benefits Act 1982 ”.

Social Security Act 1975 (c. 14)E+W+S

8In section 3 of the principal Act (meaning of “earnings”) there is inserted at the end, the following subsection—

“(4)For the purposes of this section, regulations may make provision for treating as remuneration derived from an employed earner’s employment any payment made by a body corporate to or for the benefit of any of its directors where that payment would, when made, not be earnings for the purposes of this Act.”.

9In section 14 of the principal Act (unemployment and sickness benefit), in subsection (4), after the words “subsection (2)(a) above” there are inserted the words “ (including a person enetitled by virtue of that subsection and section 50A of this Act) ”.

10In section 15 of the principal Act (invalidity pension) the following subsection is inserted at the end—

“(6)Regulations may make provision in relation to entitlement to invalidity pension—

(a)corressponding to that made by or under section 50A of this Act in relation to sickness benefit for persons who have attained pensionable age but have not retired from regular employment ;

(b)restricting entitlement to invalidity pension in cases where in respect of one or more of the 168 days mentioned in subsection (1) above the person claiming invalidity pension (whether or not he has attained pensionable age) would not have been entitled to sickness beenfit but for the provisions of section 50A(1) of this Act.”.

11E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

12(1)Section 50 of the principal Act (descriptions of industrial injuries benefits) is amended as follows.

(2)For subsection (4) there is substituted the following subsection—

“(4)Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident.”.

(3)The following subsection is inserted at the end—

“(6)In this Chapter “work”, in the contexts “incapable of work” and “incapacity for work”, means work which the person in question can reasonably be expected to do.”

13In section 60(1) of the principal Act (increase of disablement pension for special hardship) for the words “injury benefit period” there are substituted the words “ period of ninety days referred to in section 57(4) of this Act ”.

14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

15In section 91(1)(b)(i) of the principal Act (regulations as to adjusting injury benefit in certain circumstances) for the word “either” there are substituted the words “ that benefit ”.

16In section 141 of the principal Act (Industrial Injuries Advisory Council) the following subsection is inserted at the end—

“(4)The Coucil may also give advice to the Secretary of State on any other matter relating to industrial injuries benefit or its administration.”

17In paragraph 4 of Schedule 8 to the principal Act (period to be taken into account in assessing extent of disablement for purposes of industrial injuries benefit) for the words “injury benefit period” there are substituted the words “ period of ninety days referred to in section 57(4) of this Act ”.

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)E+W+S

18(1)Section 7 of the Industrial Injuries and Disease (Old Cases) Act 1975 (nature and amount of benefit under industrial diseases benefit schemes) is amended as follows.

(2)In subsection (3), in paragraph (a), for the words “55” and “55 and 56” there are substituted respectively “ 58 ” and “ 58 and 19 ” ; and that paragraph shall have effect as if it has been enacted as so amended.

(3)In subsection (3), for paragraphs (c) and (d) there are substituted the following paragraphs—

“(c)where the person is entitled to child benefit in respect of a child or children, by an amount equal to any increase which would be payable under section 41 of that Act in respect of that child or those children if he were entitled to sickness benefit ;

(d)where the person is treated under the provisions of the scheme as residing with his wife or contributing at a weekly rate of not less than the relevant amount towards her maintenace, by the relevant amount (that is to say an amount equal to any increase which would be payable under section 44 of that Act in respect of her if he were entitled to sickness benefit).”.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

19E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Social Security Pensions Act 1975 (c. 60)E+W+S

20In section 32 of the Social Security Pensions Act 1975 (contracted-out schemes) the following subsection is added at the end—

“(7)An occupational pension scheme which—

(a)at any time before the coming into operation of the first regulations made under paragraph (a) of subsection (2) above did not satisfy that paragraph ; but

(b)would have satisfied if it those regulations had then been in operation ;

shall, for the purpose of determining whether the scheme satisfied that paragraph, be treated as if those regulations had been in operation at that time.”

21In section 61(2) of the Act of 1975 (duty of Secretary of State to refer proposed regulations to the Occupational Pensions Board) after the words “other than” there are inserted the words “ regulations under section 51A(10) above ”.

22—28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

Employment Protection (Consolidation) Act 1978 (c. 44)E+W+S

29E+W+SIn section 132(4)(b) of the Employment Protection (Consolidation) Act 1978 (which provides that certain provisions of the Supplementary Benefits Act 1976 relating to the recovery of benefit shall not apply to supplementary beenfit recouped by virtue of that section) for the words “section 12(1), (2) or (3)” there are substituted the words “ section 12(1) or (2) ”.

Social Security Act 1980 (c. 30)U.K.

30In section 9 of the Social Security Act 1980 (functions etc. of the Social Security Adivisory Committee) in the definition of “relevant enactments” in subsection (7) there are inserted, after the words “Act 1976”, the words “ and Parts I and II of the Social Security and Housing Benefits Act 1982 ”.

31In section 18(1) of the Act of 1980 (computation of age in Scotland for purposes of certain enactments including the Social Security Acts 1975 to 1979) for the words “1979” there are substituted the words “ 1982 ”.

32(1)Part I of Schedule 3 to the Act of 1980 (constitution etc. of Social Security Advisory Committee) is amended as follows.

(2)In paragraph 1 for the words “not less than 8 nor more than 11” there are substituted the words “ not less than 10 nor more than 13 ”.

(3)In paragraph 2 for the words from the beginning to “but any member—” there is substituted the following—

“2(1)Each member of the Committee shall be appointed to hold office for such period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.

(2)The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member’s term of offuce ; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire.

(3)Any member—”.

33(1)Part II of Schedule 3 to the Act of 1980 (regulations not requiring prior submission to the Committee) is amended as follows.

(2)In paragraph 13(2) after the words “Part III” there are inserted the words “ (other than regulations made under section 51A(10) of that Act) ”.

(3)After paragraph 15 there is inserted—

“15A Statutory sick pay

“15ARegulations under section 9 of the Social Security and Housing Benefits Act 1982 and corressponding regulations applying to Northern Ireland.

15B Housing benefits

15BRegulations under section 28(1) of the Social Security and Housing Benefits Act 1982 of which the effect is to increase any amount specified in regulations previously made.”.

Social Security (No. 2) Act 1980 (c. 39)E+W+S

34(1)Section 5 of the Social Security (No. 2) Act 1980 (abatement of unemployment benefit on account of payments of occupational pension) is amended as follows.

(2)The following subsection is inserted after subsection (1)—

“(1A)Where a reduction in the rate of unemployment benefit payable to a person falls to be made under this section the reduction shall be made, so far as is necessary—

(a)initially against so much of the benefit as fals to be paid by virtue of subsection (4) or (6) of section 14 of the principal Act (basic rates) or of regulations under section 33 of that Act (lower rate where contribution conditions partially satisfied) ;

(b)then against so much of the benefit as falls to be paid by way of earnings-related supplement under subsection (7) of section 14 ;

(c)then against any increase in the benefit payable under section 44 of the principal Act (dependent adults) ; and

(d)finally against any increase in the benefit payable under section 41 of the principal Act (dependent children).”.

(3)In subsection (2)(b) for the words “the preceding subsection” there is substituted the words “ subsection (1) above ”.

Local Government, Planning and Land Act 1980 (c. 65)E+W+S

35(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20E+W+S

(3)In subsection (6) of that section (excluded items) paragraph (c) and the word “and” immediately preceding that paragraph are hereby repealed.

36E+W+SFor section 154 of the said Act of 1980 (grant of rent rebates by urban development corporations) there is substituted the following section—

“154(1)If the Secretary of State so provides by order, such provisions of Part II of the Social Security and Housing Benefits Act 1982 relating to rent rebates as may be specified in the order shall have effect in relation to an urban development corporation—

(a)as if the corporation were a housing authority ; and

(b)with such other modifications (if any) as may be so specified.

(2)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

Industrial Training Act 1982 (c. 10)E+W+S

37E+W+SIn section 18 of the Industrial Training Act 1982 (industrial injuries benefit for accidents in training) after the word “board” in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words “ , the Commission or the Secretary of State ”.

Part IIE+W+S Transitionals

38E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

39Regulations may make provision with respect to the date from which a period of entitlement is to be taken to have begun in any case where, on the date on which section 3 of this Act comes into force, a period of incapacity for work which began before that date has not come to an end.

Section 48(6).

SCHEDULE 5E+W+S REPEALS