Social Security Act 1990

BenefitsE+W+S

1–5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1E+W+S

6 Late claims for widowhood benefits where death is difficult to establish.U.K.

(1)–(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(4)The M1Social Security (Widow’s Benefit) Transitional Regulations 1987 shall have effect with the insertion in regulation 2, at the end of paragraph (b), of the words—

“; and

(c)any reference in section 165C of the 1975 Act to widow’s payment included a reference to widow’s allowance, together with any increase under section 41(2)(e) of that Act.”

(5)The amendment by subsection (4) 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.

7 Recovery from damages etc of sums equivalent to benefit: further provision.U.K.

The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.

8–10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3E+W+S

Occupational and personal pensions etc.E+W+S

11 Annual increase of certain occupational pensions.U.K.

(1)The following section shall be inserted after section 58 of the Pensions Act—

“58A Annual increase in rate of pension, other than guaranteed minimum pension or money purchase benefit.

(1)This section applies in relation to any occupational pension scheme—

(a)which is neither a public service pension scheme nor a money purchase scheme; and

(b)whose rules do not require the annual rate of every pension which commences or has commenced under the scheme to be increased each year by at least an amount equal to the appropriate percentage of that rate.

(2)On and after the appointed day, Schedule 3A to this Act shall have effect for the purpose of requiring the provision by schemes to which this section applies of annual increases in the annual rates of pensions under those schemes.

(3)In this section—

• “annual rate”, in relation to a pension, means the annual rate of the pension, as previously increased under the rules of the scheme or under Schedule 3A to this Act;

• “the appointed day” means the day on which this section and Schedule 3A to this Act come into force;

• “the appropriate percentage”, in relation to an increase in the annual rate of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of twelve months;

• “money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;

• “pension” does not include—

(a)a guaranteed minimum pension or any increase in such a pension under section 37A above; or

(b)any money purchase benefit;

(2)After Schedule 3 to the Pensions Act there shall be inserted the Schedule set out in Schedule 2 to this Act.

(3)In the case of an occupational pension scheme—

(a)such as is mentioned in subsection (1) of section 58A of the Pensions Act, and

(b)which is constituted by trust deed,

no payment shall be made out of the resources of the scheme to or for a person who is or has been the employer of persons in the description or category of employment to which the scheme relates until such time as provision has been made by the scheme for every pension which commences or has commenced under it to be increased as mentioned in paragraph (b) of that subsection.

(4)Nothing in subsection (3) above applies in relation to payments made to or for a person by virtue of his or any other person’s membership of the scheme in question.

(5)Expressions used in this section and the Pensions Act have the same meaning in this section as they have in that Act.

(6)The provisions of subsection (3) above override any provision of a scheme to the extent that it conflicts with them.

12 The Pensions Ombudsman.U.K.

(1)The Pensions Act shall have effect with the amendments made by Schedule 3 to this Act, which are made for the purpose of establishing, conferring functions on, and making general provision in connection with, a commissioner to be known as the Pensions Ombudsman.

(2)In the M2Tribunals and Inquiries Act 1971—

(a)in paragraph 23 of Schedule 1 (certain tribunals concerned with pensions to be under the general supervision of the Council) there shall be added at the end of the second column—

“(e)the Pensions Ombudsman established under Part IVA of the Social Security Pensions Act 1975 (c. 60) in respect of his functions under or by virtue of section 59C(2) of that Act.”; and

(b)in section 8(2) (which specifies the paragraph numbers of the tribunals which are excepted from the requirement of concurrence to the removal of members) after “22” there shall be inserted “23(e)”.

13 Registration of occupational and personal pension schemes. U.K.

(1)At the beginning of Part V of the Pensions Act there shall be inserted the following section—

“59K Registration of occupational and personal pension schemes.

(1)The Secretary of State may by regulations make provision—

(a)for the compilation and maintenance of a register of occupational and personal pension schemes (“the register”);

(b)for the appointment of a Registrar of Occupational and Personal Pension Schemes (“the registrar”); and

(c)for conferring on the registrar such functions relating to the compilation and maintenance of the register as may be specified in the regulations.

(2)The regulations—

(a)may make provision with respect to any of the following matters, that is to say—

(i)the remuneration and expenses, and any pensions, allowances or gratuities, or compensation for loss of office, payable to or in respect of the registrar;

(ii)the staff and other facilities that are to be available to the registrar;

(iii)the other terms and conditions upon which the registrar is to hold office; and

(iv)the removal of the registrar from office; and

(b)may confer upon the registrar power to appoint an agent to perform any of his functions on his behalf.

(3)The register—

(a)may consist of one or more parts, as may be prescribed;

(b)shall be organised in such manner, and contain such information relating to occupational and personal pension schemes, as may be prescribed; and

(c)subject to the regulations, may be kept in such manner and form as the registrar may think fit.

(4)The regulations may make provision—

(a)for the register, or for extracts from the register, or for copies of the register or of extracts from the register, to be open to inspection by, and

(b)for copies of the register, or of extracts from it, to be supplied to,

such persons, in such manner, at such times, upon payment of such fees, and subject to such other terms and conditions, as may be prescribed.

(5)The regulations may require—

(a)any person who is or has been—

(i)a trustee or manager of an occupational or personal pension scheme or an administrator of a public service pension scheme, or

(ii)the employer in relation to employment of any description or category to which an occupational pension scheme relates, and

(b)such other persons as may be prescribed,

to provide the registrar with such information for the purposes of the register in such form and within such time as may be prescribed.

(6)The Secretary of State, the Inland Revenue and the Occupational Pensions Board may provide the registrar with such information as he may request for the purposes of the register; and no obligation as to secrecy or confidentiality imposed by statute or otherwise on—

(a)persons employed in the Department of Social Security,

(b)persons employed in relation to the Inland Revenue, or

(c)the staff of the Occupational Pensions Board,

shall prevent them from disclosing to the registrar such information as is necessary for the purposes of the register.

(7)The Secretary of State may direct the registrar to submit to him, in such form and at such intervals as may be specified in the direction, such statistical and other reports as the Secretary of State may require; and the Secretary of State may determine at his discretion whether or not to publish a report submitted to him under this subsection.

(8)In this section “employer”, in relation to a pension scheme, includes a person who is or has been treated under section 66(3) below as an employer in relation to the scheme for the purposes of Part III or IV of this Act.

(9)Subsections (2) to (5) above are without prejudice to the generality of subsection (1) above and nothing in subsection (5) or (6) above shall be taken to imply that the Occupational Pensions Board may not be appointed as the registrar.”

(2)The following provisions of the Pensions Act (which make provision with respect to the registration of occupational pension schemes and which are set out in Schedule 2 to the M3Social Security Act 1985 and have not all been brought into force) shall cease to have effect—

(a)sections 56B to 56D;

(b)section 56E(1)(c);

(c)sections 56F to 56K;

(d)section 56L(1)(b), (5)(b) and (9); and

(e)sections 56M and 56N.

14 Miscellaneous amendments relating to pensions.U.K.

(1)The enactments mentioned in Schedule 4 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

(2)Regulations may modify the provisions inserted into the Pensions Act by paragraph 2 of that Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of those provisions and to obtaining general compliance with them.

14 Miscellaneous amendments relating to pensions.U.K.

(1)The enactments mentioned in Schedule 4 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

(2)Regulations may modify the provisions inserted into the Pensions Act by paragraph 2 of that Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of those provisions and to obtaining general compliance with them.

Energy efficiency in certain dwellings etc.U.K.

15 Grants for the improvement of energy efficiency in certain dwellings etc.U.K.

(1)The Secretary of State may make or arrange for the making of grants—

(a)towards the cost of carrying out work—

(i)for the purpose of improving the thermal insulation of dwellings, or

(ii)otherwise for the purpose of reducing or preventing the wastage of energy in connection with space or water heating in dwellings; and

(b)where any such work is, or is to be, carried out, towards the cost of providing persons with advice relating to thermal insulation or to the economic and efficient use of domestic appliances or of facilities for lighting, or for space or water heating, in dwellings;

but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.

(2)The regulations may make provision with respect to—

(a)the descriptions of dwelling and work in respect of which a grant under subsection (1)(a) above may be made;

(b)the nature and extent of the advice with respect to the provision of which grants under subsection (1)(b) above may be made;

(c)the descriptions of person from whom an application for a grant under subsection (1)(a) or (b) above may be entertained;

(d)the persons to whom such an application is to be made;

(e)the payment of such grants to persons other than the applicant;

(f)the conditions on which such a grant may be made.

(3)The regulations—

(a)may specify or make provision for determining the amount or maximum amount of any grant under this section; and

(b)may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down from time to time by a prescribed person) if it is to be eligible for a grant under subsection (1)(a) above.

(4)Subsections (1) to (3) above shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.

(5)The Secretary of State may delegate any of his functions in relation to grants under this section to such persons or bodies of persons as he may determine, and may pay to any person or body of persons to whom functions are so delegated, or upon whom functions are otherwise conferred under or by virtue of this section, such fees as may be agreed.

(6)Without prejudice to the generality of the powers conferred by this section, the regulations may make provision for any of the following matters, that is to say—

(a)for appointing for any particular area a person or body of persons (an “administering agency”) to perform in that area such functions as the Secretary of State may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);

(b)for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down from time to time by a prescribed person), and register as the network installer for any particular locality within their area, a person or body of persons capable of carrying out, or arranging for the carrying out of, work in respect of which grants under subsection (1)(a) above may be made, to perform in that locality such functions as the Secretary of State or that agency may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);

(c)for the allocation by the Secretary of State to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this section in that period, and for the re-allocation of any sums so allocated;

(d)for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this section which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.

(7)The provision that may be made in regulations by virtue of subsection (6) above includes provision—

(a)for the making of appointments, or the conferring of functions, under that subsection to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;

(b)for terminating any appointment as an administering agency or any registration as a network installer;

(c)for conferring upon network installers the exclusive right to apply for grants by virtue of subsection (4) above;

(d)for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.

(8)The power to make regulations under this section shall be exercisable by statutory instrument made with the consent of the Treasury; and any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.

(9)Regulations under this section—

(a)may make different provision with respect to any labour involved, materials used or other items comprised in the carrying out of work; and

(b)may make different provision for different cases and different areas.

(10)In this section—

• “functions” means powers and duties and includes the exercise of a discretion with respect to any matter;

• “prescribed” means specified in, or determined in accordance with, regulations under this section.

(11)Sections 252 and 253 of the M4Housing (Scotland) Act 1987 (grants for thermal insulation) shall cease to have effect.

Financial provisionsU.K.

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17 Interest and penalties in respect of certain contributions 1989 c. 26.U.K.

(1)–(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(10)In section 178 of the M5Finance Act 1989 (rates of interest) in subsection (2), after paragraph (g) there shall be inserted—

“(gg)paragraph 5 of Schedule 1 to the Social Security Act 1975,”.

18 General 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 [F6paragraphs 2] and 27 of Schedule 6 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)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.

General and supplementary provisionsU.K.

19 Regulations and orders.U.K.

(1)Subject to the following provisions of this section, [F7section 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, other than section 15, 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)A statutory instrument—

(a)which contains (whether alone or with other provisions) any regulations or orders under this Act, other than regulations under section 15 above or orders under section 23 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.

(3)A power conferred by this Act to make any regulations or an 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.

20 Interpretation.E+W+S

In this Act, unless the context otherwise requires—

• “the 1973 Act” means the M6Social Security Act 1973;

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

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

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

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

• “the Pensions Act” means the M7Social Security Pensions Act 1975;

• “prescribe”, except in section 15, means prescribe by regulations;

• “the principal Act” means the M8Social Security Act 1975;

• “regulations” means regulations made by the Secretary of State.

21 Minor and consequential amendments and repeals.U.K.

(1)The enactments mentioned in Schedule 6 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 7 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.

22 Provision for Northern Ireland.U.K.

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(2)Subject to any Order made after the passing of this Act by virtue of subsection (1)(a) of section 3 of the M9Northern Ireland Constitution Act 1973, the matters specified in subsection (3) below shall not be transferred matters for the purposes of that Act but shall for the purposes of subsection (2) of that section be treated as specified in Schedule 3 to that Act.

(3)The matters referred to in subsection (2) above are the matters dealt with—

(a)by the section 59B inserted into the Pensions Act by Schedule 3 to this Act, other than subsections (4) and (5)(b) of that section; and

(b)by subsections (1), (2), other than paragraph (a)(ii), (3), (4) and (9) of the section 59K inserted into that Act by section 13(1) of this Act.

23 Short title, commencement and extent.U.K.

(1)This Act may be cited as the Social Security Act 1990; and this Act, other than section 15, and the Social Security Acts 1975 to 1989 may be cited together as the Social Security Acts 1975 to 1990.

(2)Apart from the provisions specified in subsection (3) below, this Act shall not come into force until 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 3(6), 5, 6, 7, 10, 15, other than subsection (11), 16(1), (4) to (8) and (10), 18, 19, 20, 21(3), 22 and this section;

(b)Schedule 1;

(c)paragraphs 6, 8, 9 and 15 of Schedule 4 (and section 14 so far as relating to those provisions);

(d)paragraphs 2 to 9, 12 to 15, 17, 18, 19, 21, 26, 27 and 30 of Schedule 6 (and section 21 so far as relating to those provisions);

(e)the amendments in that Schedule to the extent that they are consequential on any provision specified in paragraphs (a) to (d) above (and section 21 so far as relating to any such amendments); and

(f)the repeals in Schedule 7 to the extent that they are consequential on any provision specified in paragraphs (a) to (e) above (and section 21 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)The following provisions of this Act extend to Northern Ireland, namely—

(a)section 13(1), so far as it amends the Pensions Act by the insertion of section 59K(1), (2), other than paragraph (a)(ii), (3), (4) and (9);

(b)section 22 above and this section;

(c)paragraph 5(1) and (3) of Schedule 1;

(d)Schedule 3, so far as it amends the Pensions Act by the insertion of section 59B, other than subsections (4) and (5)(b), and section 12(1) so far as relating to that amendment;

and paragraph 5(4) of Schedule 1 extends to Northern Ireland only.

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