Health and Social Security Act 1984

PART IHealth

Optical appliances

1Supply etc. of optical appliances

(1)In section 21 of the [1958 c. 32.] Opticians Act 1958 (restriction on sale and supply of optical appliances)—

(a)at the end of subsection (3) (exemptions) there shall be added " or (f) in accordance with an order under subsection (3A) below.";

(b)the following subsections shall be inserted after that subsection—

“(3A)An order under this subsection is an order made by the Privy Council and specifying—

(a)optical appliances to which it applies ; and

(b)conditions subject to which their sale is ex-empted from the requirements of subsection (1) above.

(3B)Any such order relating to optical appliances consisting of or including one or more lenses shall specify as a condition subject to which the sale of any such appliance is so exempted the condition that the appliance must be in accordance with a written prescription which—

(a)has been given by a registered medical practitioner or registered ophthalmic optician following a testing of sight by him ; and

(b)bears a date not more than such time as is specified in the order before the prescription is presented to the proposed seller of the appliance.

(3C)An order under subsection (3A) above may not specify as appliances to which it applies—

(a)contact lenses ; or

(b)any optical appliance for a person under 16 years of age.

(3D)An order under subsection (3 A) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

(2)The following subsections shall be substituted for subsection (5) of section 25 of that Act (rules)—

“(5)Rules under this section shall not come into force until approved by order of the Privy Council.

(6)The Privy Council—

(a)may approve rules under subsection (1)(a) above either as submitted to them or subject to such modifications as appear to them requisite ; and

(b)after consulting the General Optical Council, may by order vary or revoke any rules made under that paragraph and previously approved by them (whether the approval was before or after the commencement of this subsection).

(7)Where the Privy Council propose to approve any such rules subject to modifications, they shall notify to the General Optical Council the modifications they propose to make and consider any observations of the General Optical Council thereon.

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

(9)No order to which this subsection applies shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.

(10)Subsection (9) above applies to an order—

(a)which is made by virtue of paragraph (a) of sub- section (6) above and approves rules subject to modifications; or

(b)which is made by virtue of paragraph (b) of that subsection,

unless it is contained in a statutory instrument that states that the General Optical Council have indicated their consent to the terms of the order either in the course of consultations under subsection (6)(b) above or in observations under subsection (7) above.”.

(3)In section 38 of the [1977 c. 49.] National Health Service Act 1977 (arrangements for general ophthalmic services) for the words from " ophthalmic ", in the first place where it occurs, to the end of the first paragraph there shall be substituted the words " and ophthalmic opticians for securing the testing of sight by them. ".

(4)In paragraph (c) of section 39 of that Act (regulations as to arrangements for general ophthalmic services) the words " and the ophthalmic or dispensing optician who is to supply the appliances " shall cease to have effect.

(5)The following provisions of section 26 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (arrangements for provision of general ophthalmic services) shall cease to have effect—

(a)subsection (1)(b); and

(b)in subsection (2)(c), the words " and the ophthalmic or dispensing optician who is to supply the appliances ".

(6)The amendments of the [1977 c. 49.] National Health Service Act 1977 contained in Part I of Schedule 1 to this Act shall have effect in consequence of subsections (3) and (4) above.

(7)The amendments of the [1978 c. 29.] National Health Service (Scotland) Act 1978 contained in Part II of that Schedule shall have effect in consequence of subsection (5) above.

2Fitting etc. of contact lenses

(1)The following section shall be inserted after section 20 of the [1958 c. 32.] Opticians Act 1958—

“20ARestrictions on fitting of contact lenses.

(1)Subject to the following provisions of this section, a person who is not a registered medical practitioner or registered optician shall not fit contact lenses.

(2)The foregoing subsection shall not apply to the fitting of contact lenses by a person recognised by a medical authority as a medical student, if carried out as part of a course of instruction approved by that authority for medical students or as part of an examination so approved.

(3)The General Optical Council may by rules exempt from subsection (1) of this section the fitting of contact lenses by persons training as opticians, or any prescribed class thereof, in such cases and subject to compliance with such conditions as may be prescribed by the rules.

(4)Rules under the last foregoing subsection shall not come into force until approved by order of the Privy Council, and the power to make any such order shall be exercisable by statutory instrument.

(5)Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine of an amount not exceeding level 4 on the standard scale, as defined in section 75 of the [1982 c. 48.] Criminal Justice Act 1982.”.

(2)The following subsections shall be inserted after section 25(3) of that Act—

“(3A)The General Optical Council may make rules specifying requirements which registered opticians, enrolled bodies corporate or employees of registered opticians or enrolled bodies corporate must meet if they are to prescribe, fit or supply contact lenses.

(3B)The power conferred by subsection (3A) above is a power—

(a)in relation to registered opticians or employees of registered opticians or of enrolled bodies corporate, to specify qualifications which they must have ; and

(b)in relation to enrolled bodies corporate, to specify conditions which they must satisfy.”.

Other amendments of Opticians Act 1958

3Taking and use of titles

(1)In section 22 of the [1958 c. 32.] Opticians Act 1958 (penalty for pretending to be registered, etc.) the words " or the title of optometrist " shall be inserted after the words " ophthalmic optician " in subsections (1)(a) and (2)(a).

(2)The following subsections shall be inserted after subsection (1) of that section—

“(1A)On any prosecution for an offence under subsection (1)(b) of this section the taking or use of the title of optician (either alone or in combination with any other words) by a person to whom this subsection applies is to be taken to imply that he is registered in one of the registers, but the implication may be rebutted if the defendant proves that he took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of his taking or, as the case may be, use of it, that he was in fact registered in one of the registers.

(1B)Subject to the following subsection, subsection (1A) of this section applies to a person who carries on the business—

(a)of selling optical appliances ; or

(b)of supplying optical appliances in pursuance of arrangements made as mentioned in section 21(2) of this Act.

(1C)Subsection (1A) of this section does not apply to a person who sells or supplies optical appliances only as mentioned in section 21(3)(a) to (e) of this Act.”.

(3)The following subsections shall be inserted after subsection (2) of that section—

“(2A)On any prosecution for an offence under subsection (2)(b) of this section the taking or use of the title of optician (either alone or in combination with any other words) by a body corporate to which this subsection applies is to be taken to imply that it is enrolled in one of the lists, but the implication may be rebutted if the body corporate proves that it took or, as the case may be, used the title in circumstances where it would have been unreasonable for people to believe, in consequence of its taking or, as the case may be, use of it, that it was in fact enrolled in either of the lists.

(2B)Subject to the following subsection, subsection (2A) of this section applies to a body corporate which carries on the business—

(a)of selling optical appliances ; or

(b)of supplying optical appliances in pursuance of arrangements made as mentioned in section 21(2) of this Act.

(2C)Subsection (2A) of this section does not apply to a body corporate which sells or supplies optical appliances only as mentioned in section 21(3)(a) to (e) of this Act.”.

4Disciplinary provisions

Schedule 2 to this Act—

(a)Part I of which inserts new sections in the [1958 c. 32.] Opticians Act 1958 giving the Disciplinary Committee of the General Optical Council power—

(i)to suspend the registration of a registered optician or the enrolment of a body corporate carrying on business as an ophthalmic optician or a dispensing optician instead of erasing the name of the registered optician or the body corporate from the register or list; and

(ii)to impose financial penalties on registered opticians and on such bodies corporate instead of or in addition to erasure or suspension ; and

(b)Part II of which makes minor and consequential amendments to that Act in connection with the disciplinary powers of the Committee,

shall have effect.

National Health Service

5Family Practitioner Committees

(1)The following section shall be substituted for section 10 of the [1977 c. 49.] National Health Service Act 1977—

“10Family Practitioner Committees.

(1)It is the duty of the Secretary of State by order to establish, in accordance with Part II of Schedule 5 to this Act, authorities to be called Family Practitioner Committees.

(2)Family Practitioner Committees shall be known by such names, in addition to that title, as the order may specify.

(3)When the Secretary of State makes an order under subsection (1) above establishing a Family Practitioner Committee, he shall also (either in the same or another instrument) make an order in relation to that Committee specifying a locality for which the Committee is to act.

(4)The Secretary of State may by order—

(a)vary a Committee's locality ;

(b)abolish a Committee ;

(c)establish a new one.

(5)The Secretary of State shall so exercise his powers under subsections (3) and (4) above as to secure—

(a)that the localities for which Family Practitioner Committees are at any time acting together comprise the whole of England and Wales; but

(b)that none of them extends both into England and into Wales.

(6)Without prejudice to the generality of section 126(4) below, the power to make incidental or supplemental provision conferred by that subsection includes, in its application to orders under this section, power to make provision for the transfer of staff, property, rights and liabilities.

(7)It is the Secretary of State's duty before he makes an order under subsection (4) above to consult with respect to the order—

(a)such bodies as he may recognise as representing officers who in his opinion are likely to be affected by the order; and

(b)such other bodies as he considers are concerned with the order.”.

(2)In subsection (1) of section 15 of that Act (duty of Family Practitioner Committee) the following paragraph shall be substituted for paragraph (a)—

“(a)to administer the arrangements made in pursuance of this Act for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services for their locality ;”.

(3)In Part III of Schedule 1 to the [1975 c. 24.] House of Commons Disqualification Act 1975 (disqualifying offices), in the entry beginning " Chairman in receipt of remuneration of any Regional Health Authority " after the words " District Health Authority " there shall be inserted the words " Family Practitioner Committee ".

(4)Schedule 3 to this Act shall have effect.

(5)The Secretary of State shall by order specify a date not later than 1st April 1985 on which Family Practitioner Committees established by orders under section 10(1) of the [1977 c. 49.] National Health Service Act 1977 are to begin to act for their localities.

(6)Notwithstanding the substitution made by subsection (1) above, Family Practitioner Committees established or adopted by District Health Authorities shall continue to discharge their functions until the date specified by an order under subsection (5) above but shall cease to exist on that date.

(7)The Secretary of State may by order make such repeals in or other modifications of any enactment or instrument as appear to him to be necessary or expedient in consequence of subsection (1), (2) or (4) above.

(8)An order under subsection (5) or (7) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

6Finance in National Health Service

(1)The following subsection shall be inserted after subsection (2) of section 97 of the National Health Service Act 1977 (means of meeting expenditure of health authorities)—

“(2A)The date on which an allotment to an authority under subsection (1) or (2) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the authority are notified of its amount by the Secretary of State or, as the case may be, the Regional Health Authority.”.

(2)The following subsection shall be inserted after subsection (2) of section 98 of that Act (accounts and audit)—

“(2A)The accounts prepared and transmitted by a District Health Authority in pursuance of subsection (2) above shall include annual accounts of a Community Health Council if—

(a)the Council is established for the Authority's district; or

(b)the Authority is the prescribed Authority in relation to the Council.”.

(3)The following subsection shall be inserted after subsection (1) of section 85 of the [1978 c. 29.] National Health Service (Scotland) Act 1978 (expenses)—

“(1A)The date on which an allotment under subsection (1) above (including an allotment increasing or reducing an allotment previously made) takes effect is the date on which the body receiving the allotment are notified of its amount by the Secretary of State.”.

(4)In subsection (11) of section 121 of the [1983 c. 20.] Mental Health Act 1983 (Mental Health Act Commission) for the words " sub-paragraphs (4) and (5) were omitted " there shall be substituted the words " the reference to a member in sub-paragraph (4) included a reference to the chairman ".

7Professional remuneration in National Health Service

(1)The following shall be inserted after section 43 of the [1977 c. 49.] National Health Service Act 1977—

“Remuneration for services

43ARegulations as to remuneration.

(1)Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.

(2)Subject to sections 29(4) and 35(2) above, remuneration under the regulations may consist of payments by way of—

(a)salary;

(b)fees;

(c)allowances;

(d)reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

(3)If section 10 of the [1966 c. 8.] National Health Service Act 1966 is brought into operation, upon the date of its commencement the words " section 10 of the National Health Service Act 1966 and section" shall be substituted for the words " sections 29(4) and " in subsection (2) above.”.

(2)The following shall be inserted after section 28 of the [1978 c. 29.] National Health Service (Scotland) Act 1978—

“Remuneration for services

28ARegulations as to remuneration.

(1)Regulations shall make provision as to the remuneration to be paid to persons who provide general medical services, general dental services, general ophthalmic services or pharmaceutical services under this Part of this Act.

(2)Subject to sections 19(3) and 25(3), remuneration under the regulations may consist of payments by way of—

(a)salary;

(b)fees;

(c)allowances;

(d)reimbursement (in full or in part) of expenses incurred or expected to be incurred in connection with the provision of the services,

and the regulations may provide that the remuneration shall be determined from time to time by such authority as may be specified.

(3)If section 10 of the [1966 c. 8.] National Health Service Act 1966 is brought into operation, upon the date of its commencement the words " section 10 of the National Health Service Act 1966 and section " shall be substituted for the words " sections 19(3) and " in subsection (2) above.”.

(3)The following section shall be added after each of the sections inserted by subsections (1) and (2) above, as section 43B of the [1977 c. 49.] National Health Service Act 1977 and section 28B of the [1978 c. 29.] National Health Service (Scotland) Act 1978—

“Remuneration—supplementary.

(1)The authority specified in regulations under the preceding section may be the Secretary of State or some other person or persons and is referred to in this section as a " determining authority ".

(2)The power conferred by the preceding section includes power to make regulations providing for a determination in more than one stage and by more than one determining authority.

(3)Regulations under the preceding section shall provide—

(a)that a determination may be made with respect either to any of the descriptions of services mentioned in subsection (1) of the preceding section generally or to any category of services falling within such a description ;

(b)that, before making such a determination, the determining authority shall consult—

(i)a prescribed body established to provide advice in connection with the matters to be determined ; or

(ii)an organisation appearing to the Secretary of State to be representative of persons to whose remuneration the determination would relate,

or both such a body and such an organisation.

(4)Regulations under the preceding section may provide—

(a)that a determination such as is mentioned in subsection (3) above shall have effect in relation to remuneration in respect of a period beginning on or after a date specified in the determination, which may be the date of the determination or an earlier or later date, but may be an earlier date only if, taking the determination as a whole, it is not detrimental to the persons to whose remuneration it relates ; and

(b)that any such determination which does not specify such a date shall have effect in relation to remuneration in respect of a period beginning—

(i)if it is required to be published, on the date of publication;

(ii)if it is not so required, on the date on which it is made.

(5)Regulations under the preceding section may provide—

(a)for determinations of the remuneration of particular persons or descriptions of persons for particular items of service or in particular circumstances;

(b)that a determining authority shall have a discretion, when making a determination by virtue of this subsection,—

(i)as to the amount of remuneration to be paid; and

(ii)as to the persons to whom and conditions on which it is to be paid; and

(c)that a determination made by virtue of this subsection may be revised—

(i)to correct an error; or

(ii)where it appears to the determining authority that it was made in ignorance of or under a mistake as to a relevant fact.

(6)Regulations under the preceding section may provide—

(a)that determinations may be made by refference to any of the following—

(i)rates or conditions of remuneration of any persons or any descriptions of persons which are fixed or determined, or to be fixed or determined, otherwise than by way of a determination under the regulations;

(ii)scales, indices or other data of any description specified in the regulations; and

(b)that any determination which in accordance with regulations made by virtue of paragraph (a)(ii) above falls to be made by reference to a scale or an index or to any other data may be made not only by reference to that index or scale or those data in the form current at the time of the determination but also by reference to the scale, index or data in any subsequent form attributable to amendment or revision taking effect after that time or to any other cause.

(7)Any determination under regulations under the previous section shall be made after taking into account all the matters which are considered to be relevant by the determining authority and, without prejudice to the generality of this subsection, such matters may include—

(a)the amount or estimated amount of expenses (taking into account any discounts) incurred in the past or likely to be incurred in the future (whether or not by persons to whose remuneration the determination will relate) in connection with the provision of services of a kind to which the determination will relate;

(b)the amount or estimated amount of any remuneration paid or likely to be paid to persons providing such services;

(c)the amount or estimated amount of any other payments or repayments or other benefits received or likely to be received by any such persons;

(d)the extent to which it is desirable to encourage the provision of particular descriptions of services either generally or in particular localities;

(e)the desirability of promoting services which are—

(i)economic and efficient; and

(ii)of an appropriate standard.”.

(4)Any determination in relation to remuneration in respect of services under Part II of the [1977 c. 49.] National Health Service Act 1977 or Part II of the [1978 c. 29.] National Health Service (Scotland) Act 1978 which was made—

(a)before the passing of this Act; or

(b)after it but at a time before the coming into force of a provision inserted by this section,

shall be deemed to be validly made if regulations authorising such a determination could have been made had that provision been in force at that time.

8Increase in borrowing powers of General Practice Finance Corporation

In section 6(3) of the [1966 c. 8.] National Health Service Act 1966 (which limits the aggregate amount which may be outstanding in respect of the principal of money borrowed by the General Practice Finance Corporation to £40 million or such greater amount not exceeding £100 million as the Secretary of State may by order specify) for the words " £40 million " and " £100 million " there shall be substituted, respectively, the words " £150 million " and " £250 million ".

9Holidays for patients etc.

(1)The following subsection shall be added after section 5(2A) of the National Health Service Act 1977—

“(2B)The Secretary of State's functions may be performed outside England and Wales, in so far as they relate—

(a)to holidays for patients ;

(b)to the transfer of patients to or from Scotland, Northern Ireland, the Isle of Man or the Channel Islands; or

(c)to the return of patients who have received treatment in England and Wales to countries or territories outside the British Islands.”.

(2)The following section shall be added after section 99 of the National Health Service (Scotland) Act 1978—

“99AHolidays for patients etc.

The Secretary of State's functions may be performed outside Scotland, in so far as they relate—

(a)to holidays for patients;

(b)to the transfer of patients to or from England, Wales, Northern Ireland, the Isle of Man or the Channel Islands ; or

(c)to the return of patients who have received treatment in Scotland to countries or territories outside the British Islands.”.

Treatment in European Economic Community

10Reimbursement of cost of medical and maternity treatment in member States of European Economic Community

(1)The Secretary of State may pay to a competent institution in a member State the cost of treatment to which this section applies provided by that institution under the social security scheme of that State for a person who, at the relevant time—

(a)was ordinarily resident in Great Britain ; and

(b)was a national of a member State or a dependant of such a national.

(2)The Secretary of State may only make a payment under this section of the cost of treatment—

(a)which is given to a person during a temporary stay in a member State because his condition required immediate treatment;

(b)which—

(i)is given in continuance of treatment commenced in the United Kingdom ; and

(ii)follows an agreement between the Secretary of State and the person treated that, on his subsequent return to, or transfer of residence to, the member State, his treatment for the same condition would be at the expense of the Secretary of State for a period agreed with the Secretary of State ; or

(c)which is given following an agreement between the Secretary of State and the person treated that he should go to the member State to receive treatment to which this section applies appropriate to his condition.

(3)This section applies—

(a)to treatment for sickness or injury ; and

(b)to treatment in connection with pregnancy or maternity,

which is given to a person to whom the 1971 Community regulation did not apply at the relevant time.

(4)In this section—

• " competent institution " has the meaning assigned to it by the 1971 Community regulation ;

• " the 1971 Community regulation " means Council Regulation (EEC) No. 1408/71 as it has effect from time to time; and

• " the relevant time " means the time when treatment was given.

PART IISocial Security

11Severe disablement allowance

(1)The following section shall be substituted for section 36 of the [1975 c. 14.] Social Security Act 1975—

“36Severe disablement allowance.

(1)Subject to the provisions of this section, a person shall be entitled to a severe disablement allowance for any day (" the relevant day ") if he satisfies—

(a)the conditions specified in subsection (2) below; or

(b)the conditions specified in subsection (3) below.

(2)The conditions mentioned in subsection (1)(a) above are that—

(a)on the relevant day he is incapable of work ; and

(b)he has been incapable of work for a period of not less than 196 consecutive days—

(i)beginning not later than the day on which he attained the age of 20 ; and

(ii)ending immediately before the relevant day.

(3)The conditions mentioned in subsection (1)(b) above are that—

(a)on the relevant day he is both incapable of work and disabled ; and

(b)he has been both incapable of work and disabled for a period of not less than 196 consecutive days ending immediately before the relevant day.

(4)A person shall not be entitled to a severe disablement allowance if—

(a)he is under the age of 16 ; or

(b)he is receiving full-time education ; or

(c)he does not satisfy the prescribed conditions—

(i)as to residence in Great Britain; or

(ii)as to presence there ; or

(d)he has attained pensionable age and was not entitled to a severe disablement allowance immediately before he attained it and is not treated by regulations as having been so entitled immediately before he attained it.

(5)A person is disabled for the purposes of this section if he suffers from loss of physical or mental faculty such that the assessed extent of the resulting disablement amounts to not less than 80 per cent.

(6)A severe disablement allowance shall be paid at the weekly rate specified in relation thereto in Schedule 4, Part III, paragraph 2.

(7)Regulations—

(a)may direct that persons who—

(i)have attained retiring age ; and

(ii)were entitled to a severe disablement allowance immediately before they attained it,

shall continue to be so entitled notwithstanding that they do not satisfy the conditions specified in subsection (2) or (3) above;

(b)may direct—

(i)that persons who have previously been entitled to a severe disablement allowance shall be entitled to such an allowance notwithstanding that they do not satisfy the conditions specified in subsection (2)(b) or (3)(b) above ;

(ii)that those paragraphs shall have effect in relation to such persons subject to such modifications as may be specified in the regulations;

(c)may prescribe the circumstances in which a person is or is not to be treated—

(i)as incapable of work ; or

(ii)as receiving full-time education; and

(d)may provide for disqualifying a person from receiving a severe disablement allowance for such period not exceeding 6 weeks as may be determined in accordance with sections 97 to 104 below if—

(i)he has become incapable of work through his own misconduct; or

(ii)he fails without good cause to attend for, or to submit himself to, such medical or other examination or treatment as may be required in accordance with the regulations, or to observe any prescribed rules of behaviour.

(8)In this section—

• " assessed " means assessed in accordance with Schedule 8 to this Act; and

• " retiring age " means, in the case of a man, 70 and, in the case of a woman, 65.”.

(2)Schedule 4 to this Act, which makes amendments to other enactments consequential on subsection (1) above, shall have effect.

12Pension increase in respect of husbands

The following section shall be inserted after section 45 of the [1975 c. 14.] Social Security Act 1975—

“45APension increase (husband).

(1)Where a Category A retirement pension is payable to a woman for any period—

(a)which began immediately upon the termination of a period for which the pensioner was entitled to an increase in unemployment benefit, sickness benefit or invalidity pension by virtue of section 44(3)(a) or 47(1)(a) of this Act (increases in respect of adult dependants); and

(b)during which the conditions specified in subsection (2) below are satisfied (without interruption),

then the weekly rate of the pensioner's Category A retirement pension shall be increased by the amount specified in relation thereto in Schedule 4, Part IV, column 3 (" the specified amount").

(2)The conditions referred to in subsection (1)(b) above are—

(a)that the pensioner is residing with her husband or is contributing to his maintenance at a weekly rate not less than the specified amount; and

(b)that the pensioner's husband is not engaged in any one or more employments from which his weekly earnings exceed the specified amount.”.

13Dependent children

Schedule 5 to this Act, which makes amendments to the [1975 c. 14.] Social Security Act 1975 and the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975 in relation to increases in benefits payable in respect of dependent children, shall have effect.

14Earnings to include occupational pensions for purposes of benefits in respect of dependants

In the Social Security Act 1975—

(a)the following section shall be inserted after section 47A—

“47BEarnings to include occupational pensions for purposes of benefits.

(1)Except as may be prescribed—

(a)in section 41 and sections 44 to 47 above any reference to earnings includes a reference to payments by way of occupational pension; and

(b)in sections 44, 45, 45A and 47 above any reference to a period during which a person is not engaged in any employment includes a reference to a period in respect of which a person is not entitled to any payment by way of occupational pension.

(2)For the purposes of the provisions mentioned in subsection (1) above, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational pension are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.”; and

(b)the following section shall be inserted after section 66—

“66AEarnings to include occupational pensions for purposes of disablement pension.

(1)Except as may be prescribed, any reference to earnings in section 64 or 66 above includes a reference to payments by way of occupational pension.

(2)For the purposes of those sections, the Secretary of State may by regulations provide, in relation to cases where payments by way of occupational pension are made otherwise than weekly, that any necessary apportionment of the payments shall be made in such manner and on such basis as may be prescribed.”.

15Attendance allowance: daily entitlement

(1)In this section—

• " the 1975 Regulations " means the [S.I. 1975/560.] Social Security (Claims and Payments) Regulations 1975 ;

• " the 1977 amendment Regulations " means the [S.I. 1977/1361.] Social Security (Attendance Allowance) Amendment Regulations 1977;

• " the 1979 Regulations " means the [S.I. 1979/628.] Social Security (Claims and Payments) Regulations 1979 ;

• " the 1980 amendment Regulations " means the [S.I. 1980/1136.] Social Security (Attendance Allowance) Amendment Regulations 1980;

• " regulation 16A " means regulation 16A of the 1975 Regulations, which was added by regulation 9 of the 1977 amendment Regulations;

• "regulation 18 " means regulation 18 of the 1979 Regulations, both as originally made and as substituted by regulation 6(2) of the 1980 amendment Regulations ;

• "appropriate pay day " means a day for payment under regulation 15(7) of the 1975 Regulations or regulation 16(7) of the 1979 Regulations of weekly sums on account of an attendance allowance; and

• "13 week period " means the period mentioned in regulation 16A or regulation 18.

(2)Regulation 16A and regulation 18 shall be deemed always to have had effect as if—

(a)the words " Notwithstanding anything in the foregoing provisions of these regulations " were inserted at the beginning;

(b)any reference to attendance allowance being payable for a period were a reference to attendance allowance which would have been payable for that period but for—

(i)regulation 15(9) or (10) of the 1975 Regulations ; or

(ii)regulation 16(10) or (11) of the 1979 Regulations ; and

(c)in relation to any case where a 13 week period does not end on an appropriate pay day, any reference to a 13 week period in paragraph (1) were a reference to that period together with any days after its end but before the next appropriate pay day.

16Constitution of panels for social security appeal tribunals

In the [1975 c. 14.] Social Security Act 1975—

(a)the following subsection shall be substituted for subsections (2A) and (2B) of section 97—

“(2A)Members of a social security appeal tribunal other than the chairman shall be drawn from the appropriate panel constituted under Schedule 10 to this Act.”; and

(b)the following sub-paragraphs shall be substituted for paragraph 1(2) to (5) of Schedule 10—

“(2)The panel for an area shall be composed of persons appearing to the President to have knowledge or experience of conditions in the area and to be representative of persons living or working in the area.

(2A)Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.”.

17Late paid Class 2 contributions

(1)In subsection (1) of section 7 (Class 2 contributions) of the [1975 c. 14.] Social Security Act 1975 after the word " section " there shall be inserted the words " and section 7A below ".

(2)The following section shall be inserted after that section—

“7ALate paid Class 2 contributions.

(1)This section applies to any Class 2 contribution paid in respect of a week falling within a tax year (" the contribution year ") earlier than the tax year in which it is paid (" the payment year ").

(2)Subject to subsections (3) to (5) below, the amount of a contribution to which this section applies shall be the amount which the earner would have had to pay if he had paid the contribution in the contribution year.

(3)Subject to subsections (4), (5) and (6) below, in any case where—

(a)the earner pays an ordinary contribution to which this section applies after the end of the tax year immediately following the contribution year; and

(b)the weekly rate of ordinary contributions for the contribution year differs from the weekly rate for the payment year,

the amount of the contribution shall be computed by reference to the weekly rate of ordinary Class 2 contributions for the payment year.

(4)The Secretary of State may by regulations direct that subsection (3) above shall have effect in relation to a higher-rate contribution to which this section applies subject to such modifications as may be prescribed.

(5)Subject to subsection (6) below, for the purposes of proceedings in any court relating to an earner's failure to pay Class 2 contributions, the amount of each contribution which he is to be treated as having failed to pay is the amount which he would have paid in accordance with subsections (1) to (3) above or regulations under subsection (6) below if he had paid that contribution on the date on which the proceedings commenced.

(6)The Secretary of State may by regulations provide that the amount of any contribution which, apart from the regulations, would fall to be computed in accordance with subsection (3) or (5) above shall instead be computed by reference to a tax year not earlier than the contribution year but earlier—

(a)in a case falling within subsection (3) above, than the payment year; and

(b)in a case falling within subsection (5) above, than the tax year in which the proceedings commenced.

(7)For the purposes of this section—

(a)proceedings in the High Court or a county court commence when an action commences ; and

(b)proceedings under section 146 below commence when an information is laid.

(8)In this section—

• " ordinary contribution " means a contribution under subsection (1) of section 7 above; and

• " higher-rate contribution " means a contribution under regulations made under subsection (4) of that section.”

18Class 3 contributions

(1)In section 8 of the [1975 c. 14.] Social Security Act 1975 (Class 3 contributions)—

(a)in subsection (1), after the word " and ", in the second place where it occurs, there shall be inserted the words " , subject to the following provisions of this section, ";

(b)the following subsection shall be inserted after subsection (2)—

“(2A)The amount of a Class 3 contribution in respect of a tax year earlier than the tax year in which it is paid shall be the same as if it had been paid in the earlier year and in respect of that year.”.

(2)Subsection (1) above shall be deemed to have come into force on 6th April 1975.

(3)At the end of the subsection inserted by subsection (1)(b) above there shall be added— “, unless it falls to be calculated in accordance with subsection (2C) below or regulations under subsection (2D) below.

(2B)In this section—

• " the payment year " means the tax year in which a contribution is paid ; and

• " the contribution year " means the earlier year mentioned in subsection (2A) above.

(2C)Subject to the following provisions of this section, in any case where—

(a)a Class 3 contribution is paid after the end of the next tax year but one following the contribution year; and

(b)the amount of a Class 3 contribution in respect of the contribution year differs from the amount in respect of the payment year,

the amount of the contribution shall be computed by reference to the amount of a Class 3 contribution for the payment year.

(2D)The Secretary of State may by regulations provide that the amount of a contribution which apart from the regulations would fall to be computed in accordance with subsection (2C) above shall instead be computed by reference to the amount of a Class 3 contribution for a tax year earlier than the payment year but not earlier than the contribution year.”.

19Accrued rights and entitlement to benefits under occupational pension schemes

(1)The following subsections shall be substituted for section 38(1) and (2) of the [1975 c. 60.] Social Security Pensions Act 1975—

“(1)Regulations may prescribe circumstances in which and conditions subject to which—

(a)an earner's accrued rights to the requisite benefits under a contracted-out scheme ; or

(b)the liability for the payment of such benefits to or in respect of any person who has become entitled to them,

may be transferred to another occupational pension scheme.

(1A)Any such regulations may be made so as to apply to earners who are not in employment at the time of the transfer.

(1B)Regulations under subsection (1) above may provide that any provision of this Part of this Act shall have effect, where there has been a transfer to which they apply, subject to such modifications as may be specified in the regulations.

(1C)Regulations under subsection (1) above shall have effect in relation to transfers whenever made unless they provide that they are only to have effect in relation to transfers which take place after they come into force.

(1D)The power conferred by subsection (1) above is without prejudice to the generality of section 166(2) of the principal Act.”.

(2)In section 44 of that Act (premium on termination of contracted-out scheme)—

(a)the following subsections shall be inserted after subsection (1)—

“(1A)Regulations may provide that any provision of this Part of this Act shall have effect where the Occupational Pensions Board have approved arrangements under subsection (1) above subject to such modifications as may be specified in the regulations.

(1B)Any such regulations shall have effect in relation to arrangements whenever approved, unless they provide that they are only to have effect in relation to arrangements approved after they come into force.”; and

(b)the following subsection shall be inserted after subsection (9)—

“(10)Any reference to earners in this section includes, in relation to any particular time, not only a reference to earners who are in employment at that time but also a reference to earners who are not in employment at that time but who have been in employment before it or will be in employment after it.”.

20Protection of pensions

The [1975 c. 60.] Social Security Pensions Act 1975 shall be amended in accordance with Schedule 6 to this Act for the purpose of protecting pensions under occupational pension schemes which are or have been contracted-out.

21Miscellaneous social security amendments

The enactments specified in Schedule 7 to this Act shall have effect subject to the amendments there specified.

22Regulations

(1)Section 10(1) of the [1980 c. 30.] Social Security Act 1980 (reference of regulations etc. to Social Security Advisory Committee) shall not apply to regulations—

(a)made under section 36 of the [1975 c. 14.] Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 11 above ;

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 11 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 36 of the Social Security Act 1975 ;

(c)made under any enactment before the expiry of the period of six months beginning with the commencement of Schedule 4 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule ;

(d)made under section 47B or 66A of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 14 above ;

(e)made under any enactment before the expiry of the period of six months beginning with the commencement of section 14 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 47B or 66A of the Social Security Act 1975 ;

(f)made under section 7A of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 17 above ;

(g)made under section 129(1) of the Social Security Act 1975 before the expiry of that period and contained in a statutory instrument which states that it contains only provisions modifying section 7A of that Act;

(h)made under section 8 (2D) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section 18(3) above;

(j)made under section 28 below or under that section as extended by paragraph 17 of Schedule 4 to this Act;

(k)made under any enactment before the expiry of the period of six months beginning with the commencement of Schedule 5 to this Act and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule ;

(l)made under section 4(1) of the [1975 c. 60.] Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 3 of Schedule 7 to this Act;

(m)made under any enactment before the expiry of that period and contained in a statutory instrument which states that it contains only provisions consequential on such regulations as are mentioned in paragraph (l) above;

(n)made under any enactment before the expiry of that period and contained in a statutory instrument which states that it contains only provisions consequential on paragraph 3(b) of Schedule 7 to this Act;

(o)made under section 4 of the [1982 c. 24.] Social Security and Housing Benefits Act 1982 by virtue of the power contained in the words inserted in that section by paragraph 7 of Schedule 7 to this Act and before the expiry of the period of six months beginning with the commencement of that paragraph.

(2)If an order under section 27 below appoints different days for different purposes of the same provision of this Act, references to commencement in subsection (1) above or subsection (4) below are to be construed, in relation to that provision, as references to the day on which it first comes into force for any purpose.

(3)Section 141(2) of the [1975 c. 14.] Social Security Act 1975 (references of regulations to Industrial Injuries Advisory Council) shall not apply to regulations within subsection (1)(k) above.

(4)Section 61(2) of the Social Security Pensions Act 1975 (reference of regulations to Occupational Pensions Board) shall not apply to regulations—

(a)made under section 38 or 44(1 A) or (1B) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 19 above ;

(b)made under any enactment before the expiry of the period of six months beginning with the commencement of section 19 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 38 or 44(1A) or (1B) of the Social Security Pensions Act 1975 ;

(c)made under section 41C or 41E of that Act before the expiry of the period of six months beginning with the commencement of Schedule 6 to this Act; or

(d)made under any enactment before the expiry of the period of six months beginning with the commencement of that Schedule and contained in a statutory instrument which states that it contains only provisions consequential on that Schedule or such provisions and regulations made under section 41C or 41E of the [1975 c. 60.] Social Security Pensions Act 1975.

PART IIISupplementary

23Expenses

Any expenses of the Secretary of State incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums provided under any other Act, shall be defrayed out of money provided by Parliament.

24Repeals

The enactments specified in Schedule 8 to this Act are repealed to the extent specified in the third column of that Schedule.

25Northern Ireland

(1)An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes to which this section applies—

(a)shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament) ; but

(b)shall be subject to annulment in pursuance of a resolution of either House.

(2)The purposes to which subsection (1) above applies are purposes corresponding to those—

(a)of section 1(3), (4) and (6) above ;

(b)of section 7(1), (3) and (4) above ;

(c)of Part II above ; and

(d)of this Part.

26Extent

(1)The following provisions of this Act—

• section 1(3), (4) and (6);

• section 5, except subsection (3), and Schedule 3 ;

• section 6(1), (2) and (4);

• in section 7—

  (a)

  subsection (1); and

  (b)

  subsections (3) and (4), so far as they relate to the [1977 c. 49.] National Health Service Act 1977;

• section 9(1),

extend to England and Wales only.

(2)The following provisions of this Act—

• section 1(5) and (7);

• section 6(3);

• in section 7—

  (a)

  subsection (2); and

  (b)

  subsections (3) and (4), so far as they relate to the [1978 c. 29.] National Health Service (Scotland) Act 1978 ;

• section 9(2),

extend to Scotland only.

(3)Section 25 above extends to Northern Ireland only.

(4)The following provisions of this Act—

• section 8;

• section 10; and

• Part II, except the provisions mentioned in subsection (5) below,

extend to England and Wales and Scotland.

(5)Section 11(2) above, so far as it relates to paragraph 2 of Schedule 4, and section 21 above, so far as it relates to paragraph 6 of Schedule 7, extend to England and Wales, Scotland and Northern Ireland.

(6)The following provisions of this Act also extend to England and Wales, Scotland and Northern Ireland—

• section 1(1) and (2);

• sections 2 to 4 and Schedule 2 ;

• section 5(3);

• section 23 ;

• this section;

• sections 27 to 29.

(7)Where any enactment repealed by this Act extends to any part of the United Kingdom, the repeal extends to that part.

27Commencement

(1)Subject to the following provisions of this section, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different purposes.

(2)The following provisions of this Act shall come into force on the day this Act is passed—

• section 6(4);

• section 7(4);

• section 9;

• section 10;

• section 15;

• section 18(1) and (2);

• section 21, so far as it relates to paragraph 6 or 8 of Schedule 7;

• sections 22 and 23 ;

• sections 25 and 26 ;

• this section;

• sections 28 and 29.

(3)The following provisions of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed—

• section 8;

• section 16;

• section 19;

• section 21, so far as it relates to paragraphs 4, 5, 7 and 9 of Schedule 7 ;

• section 24, so far as it relates to section 38 of the [1975 c. 60.] Social Security Pensions Act 1975.

28Transitional

(1)The Secretary of State may by regulations made by statutory instrument make such transitional provision or saving as he considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(2)Without prejudice to the generality of subsection (1) above, regulations under this section may provide that references to dispensing opticians in the [1977 c. 49.] National Health Service Act 1977 or the [1978 c. 29.] National Health Service (Scotland) Act 1978 shall be treated as including suppliers of optical appliances who are not dispensing opticians as defined in those Acts.

(3)Section 126(4) of the National Health Service Act 1977 and section 105(7) of the National Health Service (Scotland) Act 1978 shall have effect in relation to the power to make regulations under this section containing any such provision as is mentioned in subsection (2) above as if that subsection were contained in each of those Acts.

(4)Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament

29Citation

(1)This Act may be cited as the Health and Social Security Act 1984.

(2)Part II of this Act and section 24 above, so far as it relates to Part II of Schedule 8 to this Act, may be cited together with the Social Security Acts 1975 to 1982 as the Social Security Acts 1975 to 1984.