Social Security Act 1986

Section 86.

SCHEDULE 10U.K. Minor and Consequential Amendments

Part I U.K. Pensions

Social Security Act 1973 (c. 38)U.K.

1U.K.The Social Security Act 1973 shall be amended as follows.

2In section 58(2) (linked qualifying service)—

(a)the following paragraph shall be substituted for paragraph (a)—

“(a)under the rules of a scheme applying to him in the earlier period of service—

(i)there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service; or

(ii)those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service;”; and

(b)in paragraph (b), for the words “that transfer” there shall be substituted the words “the transfer of his accrued rights to the second scheme.”.

3In section 64 (modification of occupational pension scheme by order of Occupational Pensions Board) the following subsection shall be inserted after subsection (1)—

“(1A)The Board shall also have power on such an application to make an order—

(a)authorising the modification of the scheme with a view to achieving any one or more of such other purposes as may be prescribed; or

(b)modifying the scheme with a view to achieving any one or more of those purposes.”.

4In section 66—

(a)in subsection (1)(a), for the words “and the Pensions Act” there shall be substituted the words “, the Pensions Act and Part I of the Social Security Act 1986”;

(b)in subsection (7)(a), after the words “contracting-out certificates” there shall be inserted the words “and appropriate scheme certificates”; and

(c)the following subsection shall be substituted for subsection (10)—

“(10)References in this section—

(a)to this Part of this Act, the Pensions Act and Part I of the Social Security Act 1986 include references to any provisions in force in Northern Ireland and corresponding to provisions of this Part of this Act, the Pensions Act or Part I of the Social Security Act 1986; and

(b)to contracting-out certificates and appropriate scheme certificates include references to contracting-out certificates and appropriate scheme certificates within the meaning of any such provisions.”.

5In section 67(1)(a) (review of determinations by Board) after the words “contracting-out certificate” there shall be inserted the words “or an appropriate scheme certificate”.

6In section 69 (rule against perpetuities)—

(a)in subsection (1), for the words “an occupational” there shall be substituted the words “a personal or occupational”;

(b)in subsection (2), for the words “under this Part of this Act” there shall be substituted the words “or an appropriate scheme under Part I of the Social Security Act 1986”; and

(c)in subsection (5), for the words “which ceases to be contracted-out, or” there shall be substituted the words “which ceases—

(a)if it is an occupational pension scheme, to be contracted-out; or

(b)if it is a personal pension scheme, to be an appropriate scheme,

or ”.

7Sections 70 (legal restrictions of doubtful application), 71 (friendly societies) and 72 (fees for official services to schemes) shall have effect in relation to personal pension schemes as they have effect in relation to occupational pension schemes.

8In section 99(1) the following definitions shall be inserted at the appropriate places—

• “ “appropriate scheme” shall be construed in accordance with Part I of the Social Security Act 1986;”; and

• “ “personal pension scheme” has the same meaning as in the Social Security Act 1986;”.

9In paragraph 4 of Schedule 16 (preservation of benefits under occupational pension schemes)—

(a)for the words “requisite benefits” in the first place where they occur in sub-paragraph (2) and in sub-paragraph (3) there shall be substituted the words “a guaranteed minimum pension”; and

(b)for the words “his requisite benefits” in sub-paragraph (2) there shall be substituted the words “the guaranteed minimum pension”.

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Social Security Pensions Act 1975 (c. 60)U.K.

11U.K.The Social Security Pensions Act 1975 shall be amended as follows.

12In section 26 (contracting-out)—

(a)in subsection (1), for the words “the requisite benefits” there shall be substituted the words “a guaranteed minimum pension”; and

(b)in subsection (2), for the words from the beginning to “such pension” there shall be substituted the words “ “Guaranteed minimum pension” means any pension which is provided by an occupational pension scheme in accordance with the requirements of sections 33 and 36 below ”.

13In section 27(4) (contracted-out rates of Class 1 contributions) for the words from the beginning to “that employment” there shall be substituted the words “Where—

(a)an earner has ceased to be employed in an employment; and

(b)earnings are paid to him or for his benefit within the period of 6 weeks, or such other period as may be prescribed, from the day on which he so ceased,

that employment ”.

14In section 29 (contracted-out rates of benefit)—

(a)in subsection (1)(a), for the words “or a widow’s pension” there shall be substituted the words “, a widow’s pension or a widower’s invalidity pension under section 16 above”;

(b)in subsection (2)—

(i)after the words “this section” there shall be inserted the words “and sections 16(2B), 28(7A) and 59(1A) of the principal Act”; and

(ii)at the end there shall be added the words “or if as a result of a transfer payment or transfer under regulations made by virtue of section 38 below he is no longer entitled to guaranteed minimum pensions under the scheme by which the transfer payment or transfer is made and has not as a result of the transfer payment or transfer become entitled to guaranteed minimum pensions under the scheme to which the transfer payment or transfer is made.”

15In section 30(1)(a) (contracted-out employment) for the words “the requisite benefits of” there shall be substituted the words “a guaranteed minimum pension provided by”.

16In section 32 (contracted-out schemes)—

(a)in subsection (2)—

(i)for the words “the requisite benefits” in paragraph (a); and

(ii)for the words “requisite benefits” in paragraph (b), there shall be substituted the words “guaranteed minimum pensions”;

(b)in subsection (4) the words “relating to the scheme or its management” shall cease to have effect.

17In section 33 (requirements for contracting-out) the following subsection shall be inserted after subsection (1)—

“(1A)In the case of an earner who is a married woman or widow who is liable to pay primary Class 1 contributions at a reduced rate by virtue of section 3 of this Act, subject to the provisions of this Part of this Act, for a scheme to be contracted-out in relation to her employment it must—

(a)provide for her to be entitled to a pension under the scheme if she attains pensionable age; and

(b)satisfy such other conditions as may be prescribed.”.

18The following subsection shall be substituted for section 38(1) (transfer of accrued rights)—

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

(a)there may be made by one occupational pension scheme to another or by an occupational pension scheme to a personal pension scheme a transfer of or a transfer payment in respect of—

(i)an earner’s accrued rights to guaranteed minimum pensions under a contracted-out scheme;

(ii)an earner’s accrued rights to pensions under an occupational pension scheme which is not contracted-out, to the extent that those rights derive from his accrued rights to guaranteed minimum pensions under a contracted-out scheme; or

(iii)the liability for the payment of guaranteed minimum pensions to or in respect of any person who has become entitled to them;

(b)there may be made to an occupational pension scheme or a personal pension scheme a transfer of or a transfer payment in respect of an earner’s accrued rights to guaranteed minimum pensions which are appropriately secured for the purposes of section 52C below.”.

19Sections 41(4) and 49(3) and (7) (powers of Occupational Pensions Board which are no longer required) shall cease to have effect.

20In section 41A(4) of that Act (protection of earner’s pensions) “2” shall be substituted for “5”.

21In section 42(1)(b) (premium on termination of contracted-out employment) for the word “five” there shall be substituted the word “two”.

22In section 43(2A) (linked qualifying service)—

(a)the following paragraph shall be substituted for paragraph (a)—

“(a)under the rules of a scheme applying to him in the earlier period of service—

(i)there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service; or

(ii)those rights were secured by a policy of insurance or an annuity contract and were subsequently transferred to another scheme applying to him in the later period of service;”; and

(b)in paragraph (b), for the words “that transfer” there shall be substituted the words “transfer of his accrued rights to the second scheme”.

23(1)In subsection (1) of section 44 (premium on termination of contracted-out scheme) after the word “is” there shall be inserted the words “or has been” and after the words “for the event of” there shall be inserted the words “, or in connection with,”.

(2)The following subsections shall be inserted after subsection (1B) of that section (arrangements for scheme’s ceasing to be contracted-out)—

“(1C)If the scheme ceases to be a contracted-out scheme (whether by being wound up or otherwise) and the Occupational Pensions Board either—

(a)have withdrawn their approval of previously approved arrangements relating to it; or

(b)have declined to approve arrangements relating to it,

the Board may issue a certificate to that effect.

(1D)A certificate issued under subsection (1C)(a) or (b) above shall be cancelled by the Board if they subsequently approve the arrangements.”.

(3)In subsection (2)(a) of that section, after the word “under”, in the second place where it occurs, there shall be inserted the words “section 52C of or”.

(4)In subsection (5) of that section, for the words “The amount” there shall be substituted the words “Subject to subsection (5A) below, the amount”.

(5)The following subsections shall be inserted after that subsection—

“(5A)Where in calculating the costs referred to in subsection (5) above the Secretary of State cannot readily ascertain the amount of any earnings in a tax week, he may make the calculation as if the amount of those earnings were equal to the upper earnings limit for that tax week, and may certify the costs accordingly.

(5B)Where—

(a)the Secretary of State subsequently ascertains the amount of those earnings; and

(b)it appears to him that the amount of the premium would have been less if he had not made the calculation on the basis described in subsection (5A) above,

he shall refund to the prescribed person the amount by which it would have been less.”.

24The following subsection shall be inserted after section 49(2) of that Act (duty to supervise schemes which have ceased to be contracted-out)—

“(2A)Where in the case of any scheme the Board have issued a certificate under subsection (1C) of section 44 above which has not been cancelled under subsection (1D) of that section, or a certificate under subsection (2) of section 44ZA above which has not been cancelled under subsection (3) of that section, the Board shall not be under the duty which would otherwise be imposed on them by subsection (2) above in relation to that scheme.”.

25In section 50 (alteration of rules of contracted-out schemes)—

(a)in subsection (1)—

(i)after the word “Board” there shall be inserted the words “unless it is an alteration to which this subsection does not apply”; and

(ii)for the words “such alteration” there shall be substituted the words “alteration to which this subsection applies”; and

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

“(1A)Subsection (1) above does not apply—

(a)to an alteration consequential on a provision of the Health and Social Security Act 1984, the Social Security Act 1985 or the Social Security Act 1986; or

(b)to an alteration of a prescribed description.”.

26(1)Section 52C (cases where scheme’s liability is discharged) shall have effect and shall be deemed always to have had effect as if the following subsections were substituted for subsections (1) to (3)—

“(1)A transaction to which this section applies discharges the trustees or managers of an occupational pension scheme from their liability to provide for or in respect of any person either the requisite benefits or short service benefit or any alternative to short service benefit—

(a)if it is carried out not earlier than the time when that person’s pensionable service terminates; and

(b)if and to the extent that it results in—

(i)the requisite benefits; or

(ii)short service benefit, or an alternative to short service benefit, for or in respect of that person being appropriately secured; and

(c)in a case where the transaction takes place on or after 1st January 1986, if and to the extent that the requirements set out in any one of paragraphs (a), (b) and (c) of subsection (5) below are satisfied.

(2)This section applies to the following transactions—

(a)the taking out or the transfer of the benefit of a policy of insurance or a number of such policies;

(b)the entry into or the transfer of the benefit of an annuity contract or a number of such contracts.”.

(2)Subsection (5) of that section shall have effect and shall be deemed always to have had effect as if “(1)” were substituted for “(2)(b)”.

(3)In relation to transactions which take place after the commencement of section 8 above section 52C(1) of the M1Social Security Pensions Act 1975 shall have effect with the substitution of the words “guaranteed minimum pensions” for the words “the requisite benefits”, in both places where they occur.

27(1)Subsection (1) of section 52D (supplementary provisions) shall have effect and shall be deemed always to have had effect—

(a)as if the following paragraph were substituted for paragraph (b)—

“(b)either—

(i)the transaction wholly or partly securing them was carried out before 1st January 1986 and discharged the trustees or managers of the scheme as mentioned in subsection (1) of that section; or

(ii)it is carried out on or after that date without any of the requirements specified in subsection (5)(a) to (c) of that section being satisfied in relation to it and the scheme has been wound up;”; and

(b)as if for the words from “entitled” to “which” there were substituted the words “only entitled to such part (if any) of his or her guaranteed minimum pension as”.

(2)In that subsection after the words “purposes of” there shall be inserted the words “sections 16(2B), 28(7A) and 59(1A) of the principal Act and”.

28The following definition shall be inserted after the definition of “occupational pension scheme” in section 66(1)—

29At the end of paragraph 5(1) of Part I of Schedule 1A (revaluation of pensions) there shall be added the words “and which is not an average salary benefit”.

30In Part II of Schedule 1A (transfer values)—

(a)the following sub-paragraphs shall be inserted after paragraph 12(2)—

“(2A)Where a member continues in employment to which a scheme applies after his pensionable service in that employment terminates—

(a)if regulations so provide, he only acquires a right to the cash equivalent of such part of the benefits specified in sub-paragraph (1) above as may be prescribed; and

(b)if regulations so provide, he acquires no right to a cash equivalent.

(2B)Regulations may provide for the purposes of sub-paragraph (2A) above that in prescribed circumstances a number of employments (whether or not consecutive) shall be treated as a single employment.”;

(b)paragraph 12(4) and the reference to it in paragraph 12(3) shall be omitted and shall be deemed never to have been included;

(c)in paragraph 13—

(i)in paragraph (c) of sub-paragraph (2), for the words “such other type or types of pension arrangements as may be prescribed” there shall be substituted the words “other pension arrangements which satisfy prescribed requirements”; and

(ii)the following sub-paragraph shall be inserted after that sub-paragraph—

“(2A)Without prejudice to the generality of sub-paragraph (2) above, the powers conferred by that sub-paragraph include power to provide that a scheme, an annuity or pension arrangements must satisfy requirements of the Inland Revenue.”;

(iii)in sub-paragraph (5)(b), for the word “them” there shall be substituted the words “the trustees or managers of the scheme from which he is being transferred”; and

(d)in paragraph 14—

(i)in sub-paragraph (1), for the words “The cash equivalents mentioned in paragraph 12(1) above” there shall be substituted the words “Cash equivalents”;

(ii)at the end of sub-paragraph (2), there shall be added (but not as part of paragraph (c)) the words “and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body,”; and

(iii)the following paragraph shall be substituted for sub-paragraph (3)(b)—

Employment Protection (Consolidation) Act 1978 (c. 44)U.K.

31(1)In the following provisions of the Employment Protection (Consolidation) Act 1978 (which all relate to payments to pension schemes of contributions which are unpaid on employer’s insolvency) the words “or a personal pension scheme” shall be inserted after the words “an occupational pension scheme”—

(a)section 123(1) and (3);

(b)section 124(2);

(c)section 125(3); and

(d)section 126(1).

(2)In section 123(2) of that Act for the words “in accordance with an occupational pension scheme” there shall be substituted the words “to an occupational pension scheme or a personal pension scheme”.

(3)In section 127(3) of that Act the following definition shall be inserted after the definition of “occupational pension scheme”—

Part II U.K. Income-Related Benefits

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

32(1)In subsection (3) of section 22 of the National Assistance Act 1948 (charges to be made for local authority accommodation) for the words “(apart from any supplementation of his resources which he will receive under the M2Supplementary Benefits Act 1976” there shall be substituted the words “(disregarding income support)”.U.K.

F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33U.K.The words “, whether before or after the commencement of the Supplementary Benefits Act 1976,” shall be omitted from subsection (6) of section 43 of that Act (recovery of cost of assistance from persons liable for maintenance).

Maintenance Orders Act 1950 (c. 37)U.K.

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35U.K.In section 4 of that Act (jurisdiction of English courts to make affiliation orders against persons in Scotland or Northern Ireland)—

(a)the following paragraph shall be added at the end of subsection (1)—

“(d)for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

36U.K.In section 9 of that Act—

(a)the following paragraph shall be added at the end of subsection (1)—

“(d)for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

37In section 11(1) of that Act (jurisdiction of Northern Ireland courts to make affiliation orders) after “1977” there shall be inserted the words “or any enactment applying in Northern Ireland and corresponding to section 25 of the Social Security Act 1986”.

38U.K.In section 12 of that Act (jurisdiction of Northern Ireland courts to make affiliation orders against persons in England or Scotland)—

(a)the following paragraph shall be added at the end of subsection (1)—

“(d)for an order under any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);” and

(b)the words “or of any order falling within subsection (1)(d) of this section” shall be added at the end of subsection (2).

39U.K.In section 16(2) of that Act (enforcement of maintenance orders)—

(a)the following sub-paragraph shall be inserted after paragraph (a)(vii)—

“(viii)section 24 of the Social Security Act 1986 or section 4 of the Affiliation Proceedings Act 1957 on an application made under section 25(1) of the Act of 1986;”;

(b)the following sub-paragraph shall be inserted after paragraph (b)(viii)—

“(ix)an order made on an application under section 24 of the Social Security Act 1986;”; and

(c)the following sub-paragraph shall be inserted after paragraph (c)(vii)—

“(viii)any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986;”.

U.K.

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

41(1)In section 78(2A) of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care etc.) for words from “of” where second occurring to the end there shall be substituted the words “of income support or family credit.”.

(2)In section 87(3) of that Act (charges for service and accommodation)—

(a)after the word “by” where first occurring there shall be inserted the words “the Schedule to the M3Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the M4Social Security Act 1980,”;

(b)after “1983” there shall be inserted “and paragraph 32 of Schedule 10 to the Social Security Act 1986”; and

(c)for the words “to 44” there shall be substituted the words “(as amended by paragraph 5 of Schedule 1 to the M5Law Reform (Parent and Child) (Scotland) Act 1986) and 43”.

Administration of Justice Act 1970 (c. 31)U.K.

42U.K.In Schedule 8 to the Administration of Justice Act 1970 (maintenance orders)—

(a)in paragraph 5, the word “or” shall be omitted from both places where it occurs and after “1975” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

(b)in paragraph 6, the word “or”, where first occurring, shall be omitted and after “1976” there shall be inserted the words “ or section 24 of the Social Security Act “1986”. ”

Attachment of Earnings Act 1971 (c. 32)U.K.

43U.K.In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders)—

(a)in paragraph 6, the word “or” shall be omitted from both places where it occurs and after “1976” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

(b)in paragraph 7, the word “or” where first occurring shall be omitted and after “1976” there shall be inserted the words “or section 24 of the Social Security Act 1986”.

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

44(1)In section 24(1)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (amount to be carried to credit of rent rebate account) for the words “under section 32 of the M6Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.U.K.

(2)In section 25(1)(a) of that Act (amount to be carried to credit of rent allowance account) for the words “under section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.

Employment and Training Act 1973 (c. 50)U.K.

45U.K.In section 12(2)(b) of the Employment and Training Act 1973 (ancillary and transitional provisions) for the words “supplementary benefit within the meaning of the M7Supplementary Benefits Act 1976” there shall be substituted the words “income support”.

Legal Aid Act 1974 (c. 4)U.K.

46U.K.In each of the following provisions of the Legal Aid Act 1974, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”—

(a)section 1(1)(b);

(b)section 4(2);

(c)section 11(5).

47U.K.In paragraph 3(c) of Part I of Schedule 1 to that Act for the words “18 of the M8Supplementary Benefits Act 1976” there shall be substituted the words “24 of the Social Security Act 1986”.

U.K.

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Local Government (Scotland) Act 1975 (c. 30)U.K.

Rating (Disabled Persons) Act 1978 (c. 40)U.K.

49U.K.The words “the housing benefit scheme (whether or not modified under section 28 of the Social Security Act 1986)” shall be substituted for the words “a scheme made under section 28(1)(a) of the M9Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act)”—

(a)in section 8(4) of the Local Government (Scotland) Act 1975 (payment of rates by instalments);

(b)in section 1(6) of the Rating (Disabled Persons) Act 1978 (rebates for hereditaments with special facilities for disabled persons); and

(c)in section 4(9) of that Act (rebates for lands and heritages with special facilities for disabled persons).

Employment Protection (Consolidation) Act 1978 (c. 44)U.K.

50In section 132 of the Employment Protection (Consolidation) Act 1978 (recoupment of benefit)—

(a)in subsection (2)(a) and (c), for the words “supplementary benefit” there shall be substituted the words “income support”;

(b)in subsection (3)—

(i)in paragraphs (a) and (f), for the words “supplementary benefit” there shall be substituted the words “income support”; and

(ii)in paragraph (e), for the words from “who” to the end of the paragraph there shall be substituted the words “a right of appeal to a social security appeal tribunal against any decision of an adjudication officer as to the total or partial recoupment of income support in pursuance of the regulations;”; and

(c)in subsection (4), for the words from “supplementary benefit”, in the first place where those words occur, to the end there shall be substituted the words “income support, no sum shall be recoverable under the Social Security Act 1986, and no abatement, payment or reduction shall be made by reference to the income support recouped.”.

Child Care Act 1980 (c. 5)U.K.

F651E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government, Planning and Land Act 1980 (c. 65)U.K.

52(1)In section 54 of the Local Government, Planning and Land Act 1980 (rate support grant) in subsections (1) and (2) for the words “and subsidies under section 32(1)(a) of the M10Social Security and Housing Benefits Act 1982” there shall be substituted the words “and rate rebate subsidy under the Social Security Act 1986”.

(2)The following paragraph shall be substituted for subsection (5)(d) of that section—

“(d)subsection (10) or section 30 of the Social Security Act 1986 (power to exclude rate fund contributions under subsection (6) of that section and certain other items);”.

53U.K.In section 154 of that Act (grant of rent rebates by urban developments corporations) for the words “Part II of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “Part II of the Social Security Act 1986”.

U.K.

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Civil Jurisdiction and Judgments Act 1982 (c. 27)U.K.

55U.K.In paragraph 5 of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from Schedule 4)—

(a)in sub-paragraph (c), after “1976”, there shall be inserted the words “section 24 of the Social Security Act 1986, or any enactment applying in Northern Ireland and corresponding to it,”; and

(b)in sub-paragraph (d), after “1976,” there shall be inserted the words “section 25 of the Social Security Act 1986 or any enactment applying in Northern Ireland and corresponding to it,”.

Legal Aid Act 1982(c.44)U.K.

56U.K.In section 7(8) of the Legal Aid Act 1982 (legal aid contribution orders) for the words from “supplementary benefit” to the end there shall be substituted the words “income support or family credit under the Social Security Act 1986.”.

Transport Act 1982 (c. 49)U.K.

57U.K.In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) for the words from “of” to “and” there shall be substituted the words “of income support or family credit and”.

Housing Act 1985 (c. 68)U.K.

58U.K.In subsection (2)(b) of section 425 of the Housing Act 1985 (the local contribution differential) for the words “section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30 of the Social Security Act 1986”.

59U.K.In Item 4 in Part I of Schedule 14 to that Act (items to be credited to the Housing Revenue Account) for the words “Social Security and Housing Benefits Act 1982” there shall be substituted the words “Social Security Act 1986”.

60U.K.In paragraph 3 of Part IV of that Schedule (rate fund contributions to the Housing Revenue Account) for the words “section 34(1) of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30(6) of the Social Security Act 1986”.

Legal Aid (Scotland) Act 1986 (c. 47)U.K.

61SIn section 8(b) (availability of legal advice and assistance) and section 11(2) (clients’ contributions) of the Legal Aid (Scotland) Act 1986, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”.

Part III U.K. Benefits under Social Security Act 1975

U.K.

62—66.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)U.K.

67U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

68(1)In section 4(8)(a) of that Act (parliamentary procedure for making of schemes) for the words “an up-rating order under the Social Security Act” there shall be substituted the words “any order or regulations under the Social Security Acts 1975 to 1986”.U.K.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

U.K.

69, 70.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

Part IV U.K. Statutory Maternity Pay, Statutory Sick Pay Etc.

Income and Corporation Taxes Act 1970 (c. 10)U.K.

71U.K.At the end of section 219A of the Income and Corporation Taxes Act 1970 (which charges certain payments to income tax under Schedule E) there shall be added “and

(d)payments of statutory maternity pay under Part V of the Social Security Act 1986 or, in Northern Ireland, any corresponding provision contained in an Order in Council under the Northern Ireland Act 1974.”.

Social Security Act 1975 (c. 14)U.K.

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73U.K.In section 122(4) of that Act for the words “either or both those Funds” there shall be substituted the words “that Fund”.

U.K.

74U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Employment Protection (Consolidation) Act 1978 (c. 44)U.K.

75In section 33 of the Employment Protection (Consolidation) Act 1978 (right to return to work) in subsections (3) and (4) for the word “rights” there shall be substituted the word “right” and in subsection (5) for the words “either of the rights” there shall be substituted the words “the right”.

76In subsection (4) of section 123 of that Act (payment of unpaid contributions to pension schemes) for the words “maternity pay” there shall be substituted the words “statutory sick pay, statutory maternity pay under Part V of the Social Security Act 1986, maternity pay under Part III of this Act”.

Social Security and Housing Benefits Act 1982 (c. 24)U.K.

77U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

78U.K.The following paragraph shall be inserted before paragraph (a) of section 45(2) of that Act (Parliamentary control of subordinate legislation)—

“(za)regulations under section 7 of this Act;”.

Insolvency Act 1985 (c. 65)U.K.

79U.K.In paragraph 3(2)(d) of Part II of Schedule 4 to the Insolvency Act 1985 (preferential debts) the words from the beginning to “1982” shall cease to have effect.

Bankruptcy (Scotland) Act 1985 (c. 66)U.K.

80U.K.Paragraph 9(2)(d) of Schedule 3 to the Bankruptcy (Scotland) Act 1985 (preferential debts) shall cease to have effect.

Wages Act 1986 (c. 48)U.K.

81In subsection (1)(f) of section 7 of the Wages Act 1986 (meaning of “wages”) for the words “maternity pay under Part III of the 1978 Act” there shall be substituted the words “statutory maternity pay under the Social Security Act 1986”.

Part V U.K. Common Provisions

Social Security Act 1973 (c. 38)U.K.

82In section 68(1) of the Social Security Act 1973 (submission to Occupational Pensions Board of proposals to make regulations) for the word “Where” there shall be substituted the words “Subject to section 61 of the Social Security Act 1986, where”.

Social Security Act 1975 (c. 14)U.K.

83—88.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

89U.K.In section 167(3) of that Act (parliamentary procedure) for the words “, 123A or 126A or an up-rating order” there shall be substituted the words “or 123A”.

90U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

Social Security Pensions Act 1975 (c. 60)U.K.

91, 92.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

93U.K.In subsection (1) of section 59 of that Act (official pension) for the words “that section” there shall be substituted the words “section 63 of the Social Security Act 1986”.

94U.K.In section 61(2) of that Act (consultation about regulations)—

(a)for the word “Where” there shall be substituted the words “Subject to section 61 of the Social Security Act 1986, where”; and

(b)after the words “of this Act” there shall be inserted the words “or of Part I of the Social Security Act 1986”.

95U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18

Child Benefit Act 1975 (c. 61)U.K.

96U.K.At the end of subsection (1) of section 6 of the Child Benefit Act 1975 (child benefit claims and payments) there shall be added the words “and within the prescribed time”.

97U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

U.K.

98—100.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20

Part VI U.K. Miscellaneous

Income and Corporation Taxes Act 1970 (c. 10)U.K.

101U.K.In section 219 of the Income and Corporation Taxes Act 1970 (taxation of benefits)—

(a)in subsection (1), for the words, “maternity benefit” there shall be substituted the words “maternity allowance, widow’s payments”; and

(b)in subsection (2), for the words “in respect of a family income supplement under the M11Family Income Supplements Act 1970 or the M12Family Income Supplements Act (Northern Ireland) 1971” there shall be substituted the words “of family credit under the Social Security Act 1986 or any corresponding enactment applying to Northern Ireland,”.

Attachment of Earnings Act 1971 (c. 32)U.K.

102U.K.In section 24(2)(c) of the Attachment of Earnings Act 1971 (social security benefits etc. not earnings for purposes of Act) for the words from “of” to the end there shall be substituted “enactment relating to social security;”.

National Insurance Act 1974 (c. 14)Social Security Act 1980 (c. 30)Social Security Act 1985 (c. 53)U.K.

103U.K.The words “the Social Security Acts 1975 to 1986” shall be substituted—

(a), (b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(c)for the words “the Social Security Acts 1975 to 1985” in section 5 of the Social Security Act 1985.

Social Security Act 1975 (c. 14)U.K.

104—107.U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

Forfeiture Act 1982 (c. 34)U.K.

108U.K.In section 4 of the Forfeiture Act 1982—

(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23

(b)in subsection (5), for the words from “the M13Family Income Supplements Act 1970” to “the M14Social Security Act 1980” there shall be substituted the words—

“the Child Benefit Act 1975,

the Social Security Acts 1975 to 1986,”.