Social Security Act 1989

General and supplementary provisionsE+W+S

26 Pre-consolidation amendments.E+W+S

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

Textual Amendments

F1Ss. 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Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)

28 Financial provisions.E+W+S

(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 . . . F2, 6, 7, . . . F2above, 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)(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(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.

Textual Amendments

F2Ss. 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)

29 Regulations and orders: general provisions.E+W+S

(1)Subject to the following provisions of this section, [F3section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992]shall 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

[F5(3)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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

(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.

F7(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4Ss. 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)

F6S. 29(4) repealed (13.7.1990) by Social Security Act 1990 (c. 27), Sch. 6 para. 8(12) and Sch. 7

30 Interpretation.E+W+S

(1)In this Act, unless the context otherwise requires—

  • “the 1973 Act” means the M1Social Security Act 1973;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

  • “the 1986 Act” means the M2Social Security Act 1986;

  • “Commissioner” has the same meaning as it has in the principal Act;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

  • “the Pensions Act” means the M3Social Security Pensions Act 1975;

  • “prescribe” means prescribe by regulations;

  • “the principal Act” means the M4Social 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.

Textual Amendments

F8Ss. 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)

Marginal Citations

31 Minor and consequential amendments, repeals and transitional provisions.E+W+S

(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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9E+W+S

Textual Amendments

F9Ss. 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)

33 Short title, commencement and extent.E+W+S

(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.

(2)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 [F10and paragraph 20A of Schedule 4]extend to Northern Ireland.

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

Subordinate Legislation Made

P1S. 33(2) power partly exercised: 24.8.2007 appointed for specified provisions by {S.I. 2007/2445}, art. 2

Textual Amendments

F10Words inserted (13.7.1990) in section 33(6) by Social Security Act 1990 (c. 27, SIF113:1), Sch. 1 para. 5(3). (section 32 and the said paragraph 20A were later repealed by S. S. (C. P.) Act 1992 (c. 6), Sch. 1 (1.7.1992)

Modifications etc. (not altering text)

C1The power of appointment conferred by s. 33(2) partly exercised: S.I. 1989/1238, 1262; 1990/102, 199, 312