Social Security Act 1989

1989 c. 24

An Act to amend the law relating to social security and occupational and personal pension schemes; to make provision with respect to certain employment-related benefit schemes; to provide for the recovery, out of certain compensation payments, of amounts determined by reference to payments of benefit; to make fresh provision with respect to the constitution and functions of war pensions committees; and for connected purposes.

[21st July 1989]C1 C2 C3

Annotations:

Modifications etc. (not altering text)

The base date version of this Act is as revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force at that date

Words of enactment omitted under Statute Law Revision Act 1948 (c. 62), s. 3

Act: power to amend conferred (2.12.1999) by 1998 c. 47, s. 87 (with s. 95); S.I. 1999/3209, art. 2, Sch.

Contributions

1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

4 Earnings factors.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

5

The Earnings Factor Regulations, as in force for the purpose of determining earnings factors for the tax years beginning with 6th April 1985 and 6th April 1986, shall have effect, and be taken always to have had effect, with the substitution in paragraph 3 of Schedule 1 (which, as amended by regulation 2(3) of the Amending Regulations, provided in certain cases for the aggregation of separate contributions) for the words from “where the values” to “those sums” of the words—

where, in the case of any two or more separate sums—
a
the values to be accorded to F (apart from this paragraph) would fall to be ascertained under the same paragraph of paragraph 2(e) above, and
b
the values to be so accorded to G would fall to be ascertained under the same paragraph of paragraph 2(f) above,
those sums

6

In subsection (5) above—

“the Earnings Factor Regulations” means the M1Social Security (Earnings Factor) Regulations 1979; and
“the Amending Regulations” means the M2Social Security (Earnings Factor) Amendment Regulations 1985.

7

The amendment by subsection (5) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision, whether in relation to the tax years there mentioned or otherwise.

8

The M3Social Security (Earnings Factor) Amendment Regulations 1988 shall have effect, and be deemed always to have had effect, as if the amendment made by subsection (3) above had come into force before the making of those regulations.

Liability to maintain children

5 Liability of parants to maintain children under the age of nineteen in respect of whom income support is paid.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

C45

In section 17(2)(a) of the M4 Merchant Shipping Act 1970 (seaman’s dependants to consists of his spouse and certain persons under the age of sixteen) for the word “sixteen” there should be substituted the word “ nineteen”.

Benefits under the principal Act

6 Benefits for women widowed before 11th April 1988.

1

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2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

3

The M5Social Security Benefit (Dependency) Amendment Regulations 1989 shall have effect, and be taken always to have had effect, with the insertion after regulation 3 (which made amendments concerning widowed mother’s allowance to regulation 4B of the M6Social Security Benefit (Dependency) Regulations 1977) of the following—

3A
The first amendment made by regulation 3 above shall not have effect in relation to a widow whose late husband died before 11th April 1988.

4

In any case where—

a

a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before the passing of this Act, and

b

the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after its passing she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

5

Where, apart from section 165A of the principal Act (making of claim a condition of entitlement), a widow falling within subsection (1) above would be entitled to a widow’s pension for any period beginning on or after 11th April 1988, then, notwithstanding anything in that section, she shall be entitled to that pension for that period if she has made a claim for it before the end of the period of twelve months beginning with the passing of this Act.

6

Where a widow’s late husband died on or after 7th October 1987 and before 11th April 1988 and, apart from section 165A of the principal Act, she would have become entitled to a widow’s allowance on his death, then if either—

a

she was over the age of 40 but under the age of 55 at the time of his death, or

b

she would, apart from that section, have been entitled to a widowed mother’s allowance on the cessation of her entitlement to the widow’s allowance,

she shall, notwithstanding anything in that section, be entitled to the widow’s allowance (and, accordingly, in a case falling within paragraph (b) above, to the widowed mother’s allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the passing of this Act.

7

Where in consequence of any of the amending provisions an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either—

a

is not entitled to a benefit under section 25 or 26 of the principal Act, or

b

is entitled to such a benefit at a particular rate,

an adjudication officer may review that decision, notwithstanding anything in F6section 25 of the Social Security Administration Act 1992.

8

In any case where—

a

it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and

b

the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,

the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.

9

F7Section 28 of the Social Security Administration Act 1992(appeals from reviews) shall apply in relation to a review under this section as it applies in relation to a review F7Section 25 of that Act.

10

In this section—

“adjudicating authority” means—

a

an adjudication officer;

b

a social security appeal tribunal;

c

a Commissioner; and

“the amending provisions” are—

a

section 36(3) of the 1986 Act; and

b

regulation 2(6) of the M7Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 (deemed entitlement to child allowance for purposes of widowed mother’s allowance etc).

11

The amendment by this section of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.

12

Nothing in this section shall be taken to prejudice section 16 or 17 of the M8Interpretation Act 1978 (effect of repeals, substitutions etc).

7

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

F96

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8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

9–19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

F1220. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

Recovery from damages etc of sums equivalent to benefit

22 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

C57

Schedule 4 to this Act shall have effect for the purpose of supplementing the provisions of this section; and this section shall have effect subject to the provisions of that Schedule.

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

Occupational and personal pensions etc

I123 Equal treatment for men and women.

Schedule 5 to this Act shall have effect for the purpose of implementing the directive M9 of the Council of the European Communities, dated 24th July 1986, relating to the principle of equal treatment for men and women in occupational social security schemes, and of making additional, supplemental and consequential provision.

24 Miscellaneous amendments relating to pensions.

The enactments and instruments mentioned in Schedule 6 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

War pensions committees

25 Establishment and functions of war pensions committees.

1

The Secretary of State may by regulations establish committees, known as war pensions committees, for such areas as may be specified in the regulations; and the regulations may, in particular, include provisions with respect to—

a

the membership of the committees;

b

the manner in which the members are to be appointed and the period for which, and the terms on which, they are to hold office; and

c

the manner in which they may be removed.

2

The committees shall have such functions relating to war pensions and war pensioners as may be conferred upon them by the regulations; and the regulations may, in particular, provide that it shall be their function—

a

to consider any matter connected with war pensions or affecting war pensioners in their area and, where they think it appropriate, to make recommendations to the Secretary of State about that matter;

b

to consider complaints made to them by persons receiving or claiming war pensions and, if they think fit, to make representations about those complaints to the Secretary of State;

c

to consider any matters referred to them by the Secretary of State and to report to him on those matters with such recommendations as they may think fit; and

d

to assist the War Pensioners’ Welfare Service in looking after the welfare of war pensioners in their area.

3

The regulations may include provisions with respect to the manner in which the committees are to discharge the functions conferred on them; and they shall exercise their functions subject to, and in accordance with, any such provisions.

4

In this section—

“war pension” means—

a

any pension or other benefit, payable otherwise than under an enactment, for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces of the Crown,

b

any pension or benefit awarded under—

i

the M10Personal Injuries (Emergency Provisions) Act 1939,

ii

the M11Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or

iii

the M12Polish Resettlement Act 1947,

c

any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the M13Statute Law Revision Act 1958 (seamen and fishermen killed or injured in the 1914-1918 war),

d

any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section,

but does not include any pension or benefit administered by the Defence Council F15or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security); and

“war pensioner” means a person in receipt of a war pension, in his capacity as such a pensioner.

5

In section 9(1) of the M14Chronically Sick and Disabled Persons Act 1970 (central advisory committee to include chairmen of at least 12 war pensions committees) for the words “by schemes under section 1 of that Act” there shall be substituted the words “by regulations under section 25 of the Social Security Act 1989”.

6

In the M15War Pensions Act 1921—

a

sections 1 and 2 (which are superseded by this section) shall cease to have effect; and

b

in section 3 (constitution of central advisory committee) for the words “under this Act” there shall be substituted the words “under section 25 of the Social Security Act 1989”.

General and supplementary provisions

26 Pre-consolidation amendments.

1

The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of enactments relating to social security or pensions.

2

The amendment by that Schedule of any provision contained in any enactment by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that provision.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

28 Financial provisions.

1

There shall be paid out of money provided by Parliament—

a

any expenses incurred under this Act by a Minister of the Crown; and

b

any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

2

There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under sections . . . F17, 6, 7, . . . F17above, excluding any category of expenses or payments which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17

5

There shall be paid into the Consolidated Fund any increase by virtue of this Act in the sums so payable by virtue of any other Act.

29 Regulations and orders: general provisions.

1

Subject to the following provisions of this section, F18section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992shall apply in relation to any power conferred by any provision of this Act to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19

F203

A statutory instrument—

a

which contains (whether alone or with other provisions) any regulations or orders under this Act, other than orders under section 33 below, and

b

which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

5

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6

A power conferred by this Act to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

F227

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30 Interpretation.

1

In this Act, unless the context otherwise requires—

“the 1973 Act” means the M16Social Security Act 1973;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
“the 1986 Act” means the M17Social Security Act 1986;
“Commissioner” has the same meaning as it has in the principal Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23
“the Pensions Act” means the M18Social Security Pensions Act 1975;
“prescribe” means prescribe by regulations;
“the principal Act” means the M19Social Security Act 1975;
“regulations” means regulations made by the Secretary of State.

2

In this Act references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.

31 Minor and consequential amendments, repeals and transitional provisions.

1

The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

2

The enactments mentioned in Schedule 9 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

3

The Secretary of State may by regulations make—

a

such transitional provision,

b

such consequential provision, or

c

such savings,

as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24

33 Short title, commencement and extent.

1

This Act may be cited as the Social Security Act 1989; and this Act, other than section 25, and the Social Security Acts 1975 to 1988 may be cited together as the Social Security Acts 1975 to 1989.

C6 P12

Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.

3

The provisions referred to in subsection (2) above are the following—

a

sections 2, 3, 4, 6, 14 to 20, 28, 29, 30, 31(3), 32 and this section;

b

Schedule 2;

c

paragraphs 1, 12 and 13 of Schedule 3 (and section 21 so far as relating to those paragraphs),

d

paragraphs 6 to 8, 14 and 16 to 21 of Schedule 6 (and section 24 so far as relating to those paragraphs);

e

paragraphs 2 to 7, 13 and 15 of Schedule 7 (and section 26 so far as relating to those paragraphs);

f

paragraphs 1, 4 to 6, 8 to 13, 17 and 18 of Schedule 8 (and section 31 so far as relating to those paragraphs);

g

the repeals in Schedule 9 to the extent that they are consequential on any provision specified in paragraphs (a) to (f) above (and section 31 so far as relating to those repeals).

4

Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

5

Paragraph 12 of Schedule 4 does not extend to Scotland.

6

Sections 25, 31(3), 32 and this section F25and paragraph 20A of Schedule 4extend to Northern Ireland.

7

Except as provided by this section, this Act does not extend to Northern Ireland.

SCHEDULES

SCHEDULE 1 Abolition of Earnings Rule Etc.

Section 7

1–10

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Occupational and personal pensions

F2711

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SCHEDULES 2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28

Annotations:

Amendments (Textual)

F28

Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1), Sch. 1 para. 6); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

SCHEDULE 4 Recovery of Sums Equivalent to Benefit from Compensation Payments in respect of Accidents etc: Supplementary Provision

Section 22.

Parts I—III . . . F29

Annotations:

Amendments (Textual)

F29

Part IV MISCELLANEOUS

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30

Modification of Law Reform (Personal Injuries) Act 1948

C722

1

In section 2 of the M20Law Reform (Personal Injuries) Act 1948, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)—

a

after the word “contract),” there shall be inserted the words “ where this section applies ”;

b

for the words from “against any loss” to “from the injuries” there shall be substituted the words “ against them ”; and

c

for the words from “therefrom” onwards there shall be substituted the words

from the injuries in respect of—
a
any of the relevant benefits, within the meaning of section 22 of the Social Security Act 1989, or
b
any corresponding benefits payable in Northern Ireland,
for the five years beginning with the time when the cause of action accrued.

2

After that subsection there shall be inserted—

1A
This section applies in any case where the amount of the damages that would have been awarded apart from any reduction under subsection (1) above is less than the sum for the time being prescribed under paragraph 4(1) of Schedule 4 to the Social Security Act 1989 (recoupment of benefit: exception for small payments).

3

Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.

Modification of Bankruptcy (Scotland) Act 1985

C823

In section 31 of the M21Bankruptcy (Scotland) Act 1985 (vesting of debtor’s estate at date of sequestration) in subsection (8) after the words “subsection (9) below” there shall be inserted the words “ and to paragraph 8(2) of Schedule 4 to the Social Security Act 1989. ”

24

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SCHEDULE 5 Employment-related Schemes for Pensions or other Benefits: Equal Treatment for Men and Women

Section 23.

Part I Compliance by Schemes

Schemes to comply with the principle of equal treatment

I21

Every employment-related benefit scheme shall comply with the principle of equal treatment.

The principle

I32

1

The principle of equal treatment is that persons of the one sex shall not, on the basis of sex, be treated less favourably than persons of the other sex in any respect relating to an employment-related benefit scheme.

2

Sub-paragraphs (3) to (6) below have effect, where applicable, for the purpose of determining whether a scheme complies with the principle of equal treatment.

3

Where any provision of the scheme imposes on both male and female members a requirement or condition—

a

which is such that the proportion of persons of the one sex (“the sex affected”) who can comply with it is considerably smaller than the proportion of persons of the other sex who can do so, and

b

which is not justifiable irrespective of the sex of the members,

the imposition of that requirement or condition shall be regarded as less favourable treatment of persons of the sex affected.

4

No account shall be taken of—

a

any difference, on the basis of the sex of members, in the levels of contributions—

i

which members are required to make, to the extent that the difference is justifiable on actuarial grounds, or

ii

which the employer makes, to the extent that the difference is for the purpose of removing or limiting differences, as between men and women, in the amount or value of money purchase benefits;

b

any difference, on the basis of sex, in the amount or value of money purchase benefits, to the extent that the difference is justifiable on actuarial grounds;

c

any special treatment for the benefit of women in connection with pregnancy or childbirth;

d

any permitted age-related differences;

e

any difference of treatment in relation to benefits for a deceased member’s surviving husband, wife or other dependants;

f

any difference of treatment in relation to any optional provisions available; or

g

any provisions of a scheme to the extent that they have been specially arranged for the benefit of one particular member of the scheme;

but where the scheme includes any unfair maternity provisions, it shall to that extent be regarded as according less favourable treatment to women on the basis of sex.

5

Where the scheme treats persons of the one sex differently according to their marital or family status, that treatment is to be compared with the scheme’s treatment of persons of the other sex who have the same status.

6

The principle of equal treatment applies in relation to members’ dependants as it applies in relation to members.

7

If any question arises whether a condition or requirement falling within sub-paragraph (3)(a) above is or is not justifiable irrespective of the sex of the members, it shall be for those who assert that it is so justifiable to prove that fact.

8

In this paragraph—

“money purchase benefits” has the same meaning given by F32section 181(1) of the Pension Schemes Act 1993, but with the substitution for references to a personal or occupational pension scheme of references to an employment-related benefit scheme;
“optional provisions available” means those provisions of a scheme—

a

which apply only in the case of members who elect for them to do so; and

b

whose purpose is to secure for those members—

i

benefits in addition to those otherwise provided under the scheme; or

ii

a choice with respect to the date on which benefits under the scheme are to commence; or

iii

a choice between any two or more benefits;

“permitted age-related difference” means any difference, on the basis of sex, in the age—

b

to bear any other burden which is an incident of that treatment;

but persons of either sex may instead elect to receive the less favourable treatment and, in accordance with the principle of equal treatment, pay contributions at the level appropriate to that treatment and bear the other burdens incidental to it.

3

Where any provision of a scheme is overridden by sub-paragraph (1) above, nothing in this Schedule shall affect any rights accrued or obligations incurred during the period before the date on which that provision is so overridden.

4

Sub-paragraph (1) above is without prejudice to the exercise, in compliance with the principle of equal treatment, of any power to amend the scheme.

Modification of schemes by the Occupational Pensions Board

F334

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Unfair maternity provisions

I95

1

In this Schedule “unfair maternity provisions”, in relation to an employment-related benefit scheme, means any provision—

a

which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid maternity absence in the case of any woman who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a woman otherwise than in accordance with the normal employment requirement; or

b

which requires the amount of any benefit payable under the scheme to or in respect of any such woman, to the extent that it falls to be determined by reference to her earnings during a period which included a period of paid maternity absence, to be determined otherwise than in accordance with the normal employment requirement.

2

In the case of any unfair maternity provision—

a

the more favourable treatment required by paragraph 3(1) above is treatment no less favourable than would be accorded to the women F80membersin accordance with the normal employment requirement;

b

paragraph 3(2) above does not authorise the making of any such election as is there mentioned; and

c

paragraph 4(1)(a) above does not authorise the making of any modification which does not satisfy the requirements of paragraph (a) above;

but, in respect of a period of paid maternity absence, a woman shall only be required to pay contributions on the amount of contractual remuneration or statutory maternity pay actually paid to or for her in respect of that period.

3

In this paragraph—

a

“period of paid maternity absence” means any period—

i

throughout which a woman is absent from work due to pregnancy or confinement; and

ii

for which her employer (or, if she is no longer in his employment, her former employer) pays her any contractual remuneration or statutory maternity pay;

b

“the normal employment requirement” is the requirement that any period of paid maternity absence shall be treated as if it were a period throughout which the woman in question works normally and receives the remuneration likely to be paid for doing so.

F37Unfair paternity leave provisions

Annotations:

Amendments (Textual)

F37

Sch. 5 paras. 5A, 5B inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 265(1), 322(1) (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))

paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid paternity leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory paternity pay actually paid to or for him in respect of that period.

4

In this paragraph—

“period of paid paternity leave”, in the case of a member, means a period—
1. a
  throughout which the member is absent from work in circumstances where sub-paragraph (5), (6) or (7) applies, and
2. b
  for which the employer (or if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory paternity pay; and
“the normal employment requirement” is the requirement that any period of paid paternity leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

b

paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid adoption leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory adoption pay actually paid to or for him in respect of that period.

4

In this paragraph—

“period of paid adoption leave”, in the case of a member, means a period—
1. a
  throughout which the member is absent from work in circumstances where sub-paragraph (5) or (6) applies, and
2. b
  for which the employer (or, if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory adoption pay; and
“the normal employment requirement” is the requirement that any period of paid adoption leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

5

This sub-paragraph applies if—

a

the member’s absence from work is due to the placement, or expected placement, of a child for adoption under the law of any part of the United Kingdom, and

b

the member is a person with whom the child is, or is expected to be, placed for such adoption.

6

This sub-paragraph applies if—

a

but, in respect of a period of paid family leave, a member shall only be required to pay contributions on the amount of contractual remuneration actually paid to or for him in respect of that period.

4

In this paragraph—

a

“period of paid family leave” means any period—

any scheme which has only one member, other than a personal scheme for an employed earner to which his employer contributes;

iii

any contract of insurance which is made for the benefit of employed earners only and to which the employer is not a party;

c

“personal scheme” means any scheme or arrangement which falls within paragraph (a) above by virtue of sub-paragraph (ii) of that paragraph (or which would so fall apart from paragraph (b) above);

d

“public service scheme” has F34the same meaning as “public service pension scheme” in section 1 of the Pension Schemes Act 1993;

e

“service-related benefits” means benefits, in the form of pensions or otherwise, payable in money or money’s worth in respect of—

i

termination of service;

ii

retirement, old age or death;

iii

interruptions of service by reason of sickness or invalidity;

iv

accidents, injuries or diseases connected with employment;

v

unemployment; or

vi

expenses incurred in connection with children or other dependants;

and includes, in the case of a member who is an employed earner, any other benefit so payable to or in respect of the member in consequence of his employment.

Extension of ban on compulsory membership

8

F35Section 160(1) of the Pension Schemes Act 1993 (which renders void any provision making membership of a pension scheme compulsory for an employed earner) shall apply in relation to a self-employed earner as it applies in relation to an employed earner, but with the substitution for references to a personal pension scheme of references to an employment-related benefit scheme which would be such a pension scheme if self-employed earners were regarded as employed earners.

Jurisdiction

I79

1

The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to—

a

whether any provision of an employment-related benefit scheme does or does not comply with the principle of equal treatment; or

b

whether, and with what effect, any such provision is overridden by paragraph 3 above.

2

In sub-paragraph (1) above “the court” means—

a

in England and Wales, the High Court or a county court; and

b

in Scotland, the Court of Session or the sheriff court.

3

An application under sub-paragraph (1) above may be commenced in a county court notwithstanding—

a

any financial limit otherwise imposed on the jurisdiction of such a court; or

b

that the only relief claimed is a declaration or an injunction.

Interpretation

I810

Expressions other than “benefit” which are used in this Part of this Schedule and in the principal Act have the same meaning in this Part of this Schedule as they have in that Act.

Supplemental

F3611

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Future repeal of actuarial provisions

12

The Secretary of State may by order repeal paragraph 2(4)(a)(i) above; and if and to the extent that he has not done so before 30th July 1999 it shall cease to have effect on that date.

Part II Amendment of Enactments Relating to Employment

Equal Pay Act 1970 (c.41)

F3813

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c.65)

F3914

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F4015

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6 Occupational and Personal Pensions

Section 24.

The Occupational Pension Schemes (Contracting-out) Regulations 1984 (S.I.1984/380)

21

1

In regulation 22 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 (additional requirement alternative to limited revaluation premium) in paragraphs (3A) and (7A) (which were inserted by regulation 2 of the M22Contracting-out (Miscellaneous Amendments) Regulations 1988 and which provide for the rate of increase to be 7½ per cent. in certain cases) for the words “and in relation to another scheme,” there shall be substituted the words “ (and whether in relation to the same or another scheme) ”.

2

The amendment by sub-paragraph (1) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision.

3

This paragraph shall be deemed to have come into force on 6th April 1988.

SCHEDULE 7 Pre-consolidation Amendments

Section 26.

SCHEDULE 8 Minor and Consequential Amendments

Section 31(1).

1–7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F68

8

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F70

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

Transitional and consequential provision in regulations

10

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F72

C112

In section 89 of the 1986 Act (transitional regulations in connection with coming into force of provisions of that Act) after subsection (1) there shall be inserted—

1A
Without prejudice to any other powers conferred on him, the Secretary of State—
a
may, for the purpose of making provision with respect to persons falling within subsection (1B) below, modify or revoke any regulations made under this section if he considers it necessary or expedient to do so in consequence of, or otherwise in connection with, provisions of Acts, schemes, arrangements or other instruments coming into force after the passing of this Act; and
b
may, for the purpose of consolidation, revoke and re-enact, with any modifications which he considers necessary or desirable, any regulations under this section.
1B
The persons referred to in subsection (1A)(a) above are any persons—
a
to whom regulations under subsection (1) above apply; or
b
to whom regulations made under Part II of this Act relating to income support applied at any time before the passing of the Social Security Act 1989.

Restriction on first up-rating of additional pension

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F73

Consultations about subordinate legislation

12 C121

In section 61(2) of the Pensions Act—

F74a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

for the word “(other” there shall be substituted the words

or
c
Schedule 5 to the Social Security Act 1989,
(other

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

F763

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F764

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F75

Regulations relating to home responsibilities

13

1

Paragraph (a) of section 62(1) of the Pensions Act (affirmative, instead of negative, procedure for regulations under paragraph 5(6) of Schedule 3 to the principal Act relating to contributors who were precluded from regular employment by responsibilities at home) shall cease to have effect.

2

The following regulations, namely—

a

the M23Social Security Pensions (Home Responsibilities and Graduated Retirement Benefit) Amendment Regulations 1981, and

b

the M24Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Amendment Regulations 1988,

shall have effect, and be taken always to have had effect, as if sub-paragraph (1) above had come into force immediately after the passing of the Pensions Act.

14–18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F77

Joint citations

C1319

In the following enactments, for the words “the Social Security Acts 1975 to 1986” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1989”—

a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F78

c

section 4(5) of the M25Forfeiture Act 1982;

d

section 5(1)(a) of the M26Social Security Act 1985;

e

paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.

SCHEDULE 9 Repeals C14

Section 31(2).

Annotations:

Editorial Information

This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words from “together with” onwards in section 1(1) of the Social Security Act 1975 (c. 14)

This refers to the repeal, under the Table of repeals in Sch. 9 above, of sections 1(5) and (5A) and 134(3) of the Social Security Act 1975 (c. 14), section 27(6) of the Social Security (Pensions) Act 1975 (c. 60), section 2(2) of the Social Security Contributions Act 1981 (c. 1) and section 2 of the Social Security (Contributions) Act 1982 (c. 2). (all relating to Treasury Supplement)

This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words “longer or” in section 20(1A) of the Social Security Act 1975 (c. 14)

Amendments (Textual)

F79

Words in Sch. 9 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

Modifications etc. (not altering text)

C14

The text of Sch. 9, Table is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992

11 & 12 Geo.5 c. 49.	War Pensions Act 1921.	Sections 1 and 2.
11 & 12 Geo.6 c. 41.	Law Reform (Personal Injuries) Act 1948.	Section 2(2).
1970 c. 36.	Merchant Shipping Act 1970.	In section 17(10), the words from “but any application” onwards.
1973 c. 38.	Social Security Act 1973.	Section 51(7).
		F79. . .
1975 c. 14.	Social Security Act 1975.	In section 1, in subsection (1) the words from “together with” onwards, and subsections (5) and (5A).
		In section 4(6F), the words “primary or”.
		In section 7A(3), the words “Class 2” wherever occurring.
		In section 14(6), the words following paragraph (c).
		In section 15(6)(a), the words “but have not retired from regular employment”.
		In section 20(1A) the words “longer or”.
		Section 27(3), (4) and (5).
		In section 28(1)(a), the words “and has retired from regular employment”.
		Section 29(5)(a).
		In section 30, subsection (1), in subsection (3), in paragraph (a), the words “retired from regular employment or has otherwise” and the words “retired or” and subsection (6)(a).
		In section 36(7), the word “and” at the end of paragraph (c).
		In section 39(1)(b), the words “and has retired from regular employment”.
1975 c. 14. (contd.)	Social Security Act 1975 (contd.)	In section 41(1), the words “section 30(1) of this Act and to”.
		Section 48(2) and (3).
		In section 100(3), the words from “without leave” onwards.
		Section 101(6) and (7).
		In section 112, subsection (4) and, in subsection (5), the words “or reference” and the words from “and the medical” onwards.
		Section 122(5).
		Section 134(3).
		In section 167(1)(b), the words “section 1(5A)”.
		In Schedule 10, paragraphs 1(7) and 2(2).
		In Schedule 11, paragraph 4.
		In Schedule 13, paragraphs 8 and 9.
		In Schedule 20, the definition of “local office” and, in the definition of “week”, the words “midnight between Saturday and” and “30(1)”.
1975 c. 60.	Social Security Pensions Act 1975.	In section 8(1), the words “who has retired from regular employment”.
		Section 11.
		Section 27(6).
		In section 41A(1C), the word “and” at the end of paragraph (b).
		In section 41B(1A), the word “and” at the end of paragraph (b).
		Section 41C(3)(a)(ii).
		In section 45(3), the words from “unless the person” to “shall not apply”.
		F79. . .
		Section 62(1)(a).
		In Schedule 4, paragraph 39(a).
1977 c. 5.	Social Security (Miscellaneous Provisions) Act 1977.	In section 21(1), the words “unless the prescribed person otherwise elects in the prescribed manner”.
		In section 22(2) the words “25(3), 26(3)”.
1979 c. 18.	Social Security Act 1979.	In Schedule 1, paragraph 17.
1980 c. 30.	Social Security Act 1980.	Section 10(2)(b).
		Section 14(7).
1981 c. 1.	Social Security (Contributions) Act 1981.	Section 2(2).
		Section 4(5)(a).
1982 c. 2.	Social Security (Contributions) Act 1982.	Section 2.
		Section 4(4).
		In Schedule 1, paragraph 1(4).
1982 c. 24.	Social Security and Housing Benefits Act 1982.	Section 44(3) and (4).
		In Schedule 1, in paragraph 7, the words “participate in, or”.
		In Schedule 4, paragraph 11.
1985 c. 53.	Social Security Act 1985.	In Schedule 5, paragraph 32.
1986 c. 50.	Social Security Act 1986.	In section 26(3), the word “and” at the end of paragraph (b).
		In section 30(2), the words following paragraph (b), other than those added by the Local Government and Housing Act 1989.
		In section 50(1), in the definition of “week”, the words “midnight between Saturday and”.
		Section 63(1)(a)(ii).
		In Schedule 1, in paragraph 7(4) and (5) the words “such as are mentioned in sub-paragraph (2) above”.
		In Schedule 3, paragraph 15(b).
		In Schedule 6, in paragraph 3, in sub-paragraph (3)(b), the words “30(1)”, sub-paragraph (3)(c), sub-paragraph (4)(b) and the word “or” immediately preceding it.
		In Schedule 9, paragraph 11(b).
		In Schedule 10, paragraph 96.
1988 c. 7.	Social Security Act 1988.	Section 2(9).
1988 c. 43.	Housing (Scotland) Act 1988.	Section 70(4).
1988 c. 50.	Housing Act 1988.	Section 121(5).

The repeal in section 1(1) X1 of the principal Act and the repeal X2of sections 1(5) and (5A) and 134(3) of that Act, section 27 of the Pensions Act, section 2 of the Social Security (Contributions) Act 1981 and section 2 of the Social Security (Contributions) Act 1982 have effect in relation to payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act in respect of any contributions whether paid before, on or after 31st March 1989.

The repeal in section 20(1A) X3 of the principal Act does not affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988.