SCHEDULES

Section 1(6).

SCHEDULE 1Claims for benefit made or treated as made before 1st October 1990

Claims made or treated as made on or after 2nd September 1985 and before 1st October 1986

1Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 1st October 1986 as if the following subsections were substituted for subsections (1) to (3)—

“(1)Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

(a)he makes a claim for it—

(i)in the prescribed manner; and

(ii)subject to subsection (2) below, within the prescribed time; or

(b)by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision he would have been treated as making a claim for it.

(2)Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay.

(3)Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.”.

Claims made or treated as made on or after 1st October 1986 and before 6th April 1987

2Section 1 above shall have effect in relation to a claim made or treated as made on or after 1st October 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “, reduced earnings allowance” after the words “disablement benefit”.

Claims made or treated as made on or after 6th April 1987 and before 21st July 1989

3Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 21st July 1989, as if—

(a)the following subsection were substituted for subsection (1)—

“(1)Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

(a)he makes a claim for it in the prescribed manner and within the prescribed time; or

(b)by virtue of regulations made under section 51 of the 1986 Act he would have been treated as making a claim for it.”; and

(b)there were omitted—

(i)from subsection (2), the words “except as provided by section 3 below”; and

(ii)subsection (3).

Claims made or treated as made on or after 21st July 1989 and before 13th July 1990

4Section 1 above shall have effect in relation to a claim made or treated as made on or after 21st July 1989 and before 13th July 1990 as if there were omitted—

(a)from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;

(b)from subsection (2), the words “except as provided by section 3 below”; and

(c)subsection (3).

Claims made or treated as made on or after 13th July 1990 and before 1st October 1990

5Section 1 above shall have effect in relation to a claim made or treated as made on or after 13th July 1990 and before 1st October 1990 as if there were omitted—

(a)from subsection (1), the words “the following provisions of this section and to”; and

(b)subsection (3).

Sections 41, 43 and 50 to 52.

SCHEDULE 2Commissioners, tribunals etc - supplementary provisions

Tenure of offices

1(1)Subject to the following provisions of this paragraph, the President and the regional and other full-time chairmen of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals shall hold and vacate office in accordance with the terms of their appointment.

(2)Commissioners, the President and the full-time chairmen shall vacate their offices at the end of the completed year of service in which they attain the age of 72.

(3)Where the Lord Chancellor considers it desirable in the public interest to retain a Commissioner, the President or a full-time chairman in office after the time at which he would be required by sub-paragraph (2) above to vacate it, the Lord Chancellor may from time to time authorise his continuance in office until any date not later than that on which he attains the age of 75.

(4)A Commissioner, the President and a full-time chairman may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(5)Where the Lord Chancellor proposes to exercise a power conferred on him by sub-paragraph (3) or (4) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

(6)Nothing in sub-paragraph (2) or (3) above or in section 13 or 32 of the [1981 c. 20.] Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of section 52(2) above.

(7)Nothing in sub-paragraph (2) or (4) above applies to a Commissioner appointed before 23rd May 1980.

Remuneration etc. for President and Chairmen

2The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the President and full-time chairmen as, with the consent of the Treasury, he may determine.

Officers and staff

3The President may appoint such officers and staff as he thinks fit—

(a)for himself;

(b)for the regional and other full-time chairmen;

(c)for social security appeal tribunals;

(d)for disability appeal tribunals; and

(e)for medical appeal tribunals,

with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.

Clerks to social security appeal tribunals and disability appeal tribunals

4(1)The President shall assign clerks to service the social security appeal tribunal for each area and the disability appeal tribunal for each area.

(2)The duty of summoning members of a panel to serve on such a tribunal shall be performed by the clerk to the tribunal.

Miscellaneous administrative duties of President

5It shall be the duty of the President—

(a)to arrange—

(i)such meetings of chairmen and members of social security appeal tribunals, chairmen and members of disability appeal tribunals and chairmen and members of medical appeal tribunals;

(ii)such training for such chairmen and members,

as he considers appropriate; and

(b)to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals.

Remuneration etc.

6The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as may be determined by the Treasury.

7(1)The Secretary of State may pay—

(a)to any person specified in sub-paragraph (2) below, such remuneration and such travelling and other allowances;

(b)to any person specified in sub-paragraph (3) below, such travelling and other allowances; and

(c)subject to sub-paragraph (4) below, such other expenses in connection with the work of any person, tribunal or inquiry appointed or constituted under any provision of this Act,

as the Secretary of State with the consent of the Treasury may determine.

(2)The persons mentioned in sub-paragraph (1)(a) above are—

(a)any person (other than a Commissioner) appointed under this Act to determine questions or as a member of, or assessor to, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal; and

(b)a medical officer appointed under regulations under section 62 above.

(3)The persons mentioned in sub-paragraph (1)(b) above are—

(a)any person required to attend at any proceedings or inquiry under this Act; and

(b)any person required under this Act (whether for the purposes of this Act or otherwise) to attend for or to submit themselves to medical or other examination or treatment.

(4)Expenses are not payable under sub-paragraph (1)(c) above in connection with the work—

(a)of a tribunal presided over by a Commissioner; or

(b)of a social fund officer, a social fund inspector or the social fund Commissioner.

(5)In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this paragraph.

Certificates of decisions

8A document bearing a certificate which—

(a)is signed by a person authorised in that behalf by the Secretary of State; and

(b)states that the document, apart from the certificate, is a record of a decision—

(i)of a Commissioner;

(ii)of a social security appeal tribunal;

(iii)of a disability appeal tribunal; or

(iv)of an adjudication officer,

shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Section 59.

SCHEDULE 3Regulations as to procedure

Interpretation

1In this Schedule “competent tribunal” means—

(a)a Commissioner;

(b)a social security appeal tribunal;

(c)a disability appeal tribunal;

(d)a medical appeal tribunal;

(e)an adjudicating medical practitioner.

Provision which may be made

2Provision prescribing the procedure to be followed in connection with the consideration and determination of claims and questions by the Secretary of State, an adjudication officer and a competent tribunal, or in connection with the withdrawal of a claim.

3Provision as to the striking out of proceedings for want of prosecution.

4Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.

5Provision as to the time to be allowed—

(a)for producing any evidence; or

(b)for making an appeal.

6Provision as to the manner in which, and the time within which, a question may be raised with a view to its decision by the Secretary of State under Part II of this Act or with a view to the review of a decision under that Part.

7Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.

8Provision for authorising a competent tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.

9Provision for giving the chairman or acting chairman of a competent tribunal consisting of two or more members a second or casting vote where the number of members present is an even number.

10Provision for empowering the chairman of a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal to give directions for the disposal of any purported appeal which he is satisfied that the tribunal does not have jurisdiction to entertain.

11Provision for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of a determination.

12Provision for requiring or authorising the Secretary of State to hold, or to appoint a person to hold, an inquiry in connection with the consideration of any question by the Secretary of State.

Section 123.

SCHEDULE 4Persons employed in social security administration or adjudication

Part IThe specified persons

Government departments

• A civil servant in—

  (a)

  the Department of Social Security;

  (b)

  the Department of Employment;

  (c)

  the Lord Chancellor’s Department.

Other public departments and offices

• A member or officer of the Commissioners of Inland Revenue.

• A civil servant in the Scottish Courts Administration.

Adjudication officers

• The Chief Adjudication Officer.

• An adjudication officer.

Adjudicating bodies

• The clerk to, or other officer or member of the staff of, any of the following bodies—

  (a)

  a social security appeal tribunal;

  (b)

  a disability appeal tribunal;

  (c)

  a medical appeal tribunal;

  (d)

  a vaccine damage tribunal;

  (e)

  a Pensions Appeal Tribunal constituted under the [1943 c. 39.] Pensions Appeal Tribunals Act 1943.

The Disability Living Allowance Advisory Board

• A member of the Disability Living Allowance Advisory Board.

• An officer or servant of that Board.

The Occupational Pensions Board

• The chairman or deputy chairman of the Occupational Pensions Board.

• A member of that Board.

• A member of the staff of that Board.

The Social Fund

• The Social Fund Commissioner.

• A social fund officer.

• A social fund inspector.

• A member of any staff employed in connection with the social fund.

Former officers

• An officer or other member of the staff of—

  (a)

  the former Supplementary Benefits Commission;

  (b)

  the former National Assistance Board;

  (c)

  the former Attendance Allowance Board.

• A benefit officer.

• An insurance officer.

• A supplement officer.

Part IIConstruction of references to government departments etc.

1The reference in Part I of this Schedule to the Department of Social Security includes a reference to—

(a)the former Department of Health and Social Security,

(b)the former Ministry of Pensions and National Insurance,

(c)the former Ministry of Social Security, and

(d)any other former government department,

but, in the case of paragraphs (a) and (d) above, only to the extent that the functions carried out in the former department related to social security or to occupational or personal pension schemes or to war pensions.

2The reference in Part I of this Schedule to the Department of Employment is a reference to that Department only to the extent that the functions carried out in it relate to unemployment benefit or income support or related to the former supplementary benefit.

3Any reference in Part I of this Schedule to the Lord Chancellor’s Department or the Scottish Courts Administration is a reference to that Department or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—

(a)functions of the Chief, or any other, Social Security Commissioner; or

(b)functions of the Council on Tribunals or the Scottish committee of that Council which relate to social security or to occupational or personal pension schemes or to war pensions.

4The reference in Part I of this Schedule to the Commissioners of Inland Revenue is a reference to those Commissioners only to the extent that the functions carried out by them or any officer of theirs relate to—

(a)any of the following aspects of social security—

(i)National Insurance contributions;

(ii)statutory sick pay;

(iii)statutory maternity pay; or

(b)the tax treatment of occupational or personal pension schemes.

5In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the [1989 c. 24.] Social Security Act 1989.

Section 170.

SCHEDULE 5Social Security Advisory Committee

1The Committee shall consist of a chairman appointed by the Secretary of State and not less than 10 nor more than 13 other members so appointed.

2(1)Each member of the Committee shall be appointed to hold office for such period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.

(2)The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member’s term of office; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire.

(3)Any member—

(a)shall be eligible for reappointment from time to time on or after the expiration of his term of office;

(b)may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment.

3(1)Of the members of the Committee (other than the chairman) there shall be appointed—

(a)one after consultation with organisations representative of employers;

(b)one after consultation with organisations representative of workers; and

(c)one after consultation with the Head of the Northern Ireland Department;

and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled.

(2)In selecting a person with such experience regard shall be had to the desirability of having a chronically sick or disabled person.

4The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.

5The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Treasury determine.

6The expenses of the Committee to such an amount as may be approved by the Treasury shall be paid by the Secretary of State.

7There may be paid as part of the expenses of the Committee—

(a)to all or any of the members of the Committee, such salaries or other remuneration and travelling and other allowances; and

(b)to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),

as the Secretary of State may with the consent of the Treasury determine.

8(1)The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Treasury.

(2)Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Treasury.

9The Committee may act notwithstanding any vacancy among the members.

10The Committee may make rules for regulating its procedure (including the quorum of the Committee).

Section 171.

SCHEDULE 6Industrial Injuries Advisory Council

1(1)The Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may determine.

(2)The members other than the chairman shall include an equal number of persons appointed by the Secretary of State, after consultation with such organisations as he thinks fit, to represent employers and employed earners respectively.

2(1)The Secretary of State may pay—

(a)to the chairman and other members of the Council, such salaries or other remuneration;

(b)to persons who are not members of the Council but who at the Council’s invitation are joined with its members as advisers at a Council meeting or a meeting of any committee of the Council held to consider questions on which they are specially qualified, such fees; and

(c)to the chairman and other members of the Council and to persons attending meetings at the Council’s request or attending meetings of any committee of the Council at the Council’s or committee’s request, such expenses and travelling and other allowances,

as the Secretary of State may with the consent of the Treasury determine.

(2)Any payment under paragraph (a) of sub-paragraph (1) above may be made either in lieu of or in addition to any payment to the recipient under paragraph (c) of that sub-paragraph.

(3)Any payment under sub-paragraph (1)(b) above may be made either in lieu of or in addition to any expenses or travelling or other allowances payable to the recipient apart from that sub-paragraph.

Section 172.

SCHEDULE 7Regulations not requiring prior submission

Part ISocial Security Advisory Committee

Disability living allowance

1Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act.

Industrial injuries

2Regulations relating only to industrial injuries benefit.

Up-rating etc.

3Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under one or more of the following provisions—

(a)section 141, 143 or 145 above;

(b)section 150 above.

Earnings limits

4Regulations under section 5 of the Contributions and Benefits Act or regulations contained in a statutory instrument which states that it contains only regulations to make provision consequential on regulations under that section.

Married women and widows - reduced rate contributions

5Regulations under section 19(4)(a) of the Contributions and Benefits Act.

Child benefit

6Regulations prescribing the rate or any of the rates of child benefit in Great Britain.

7Regulations varying social security benefits following an increase of the rate or any of the rates of child benefit in Great Britain.

Statutory maternity pay and statutory sick pay

8Regulations under section 158 or 167 of the Contributions and Benefits Act.

Procedural rules for tribunals

9Regulations in so far as they consist only of procedural rules for a tribunal in respect of which consultation with the Council on Tribunals is required by section 10(1) of the [1971 c. 62.] Tribunals and Inquiries Act 1971.

Consolidation

10Regulations made for the purpose only of consolidating other regulations revoked by them.

Part IIIndustrial Injuries Advisory Council

11Regulations under section 121(1)(b) of the Contributions and Benefits Act.

12Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 141, 143 or 150 above.

13Regulations contained in a statutory instrument made within a period of 6 months from the date of any Act passed after this Act and directed to be construed as one with this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.

14Regulations in so far as they consist only of procedural rules for a tribunal in respect of which consultation with the Council on Tribunals is required by section 10(1) of the [1971 c. 62.] Tribunals and Inquiries Act 1971.

15Regulations contained in a statutory instrument which states that it contains only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.

16Regulations contained in a statutory instrument which states that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.

17Regulations made for the purpose only of consolidating other regulations revoked by them.

Section 177.

SCHEDULE 8Constitution etc. of Joint Authority for Great Britain and Northern Ireland

1The Joint Authority shall be a body corporate by the name of the National Insurance Joint Authority, and shall have an official seal which shall be officially and judicially noticed, and the seal of the Authority may be authenticated by either member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.

2Either member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority at which he is unable to be present.

3The [1868 c. 37.] Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act, and as if either member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Authority.

Section 185.

SCHEDULE 9Old Cases payments administration

Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act

1(1)The provisions of this paragraph shall have effect with respect to schemes under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such scheme is hereafter in this paragraph referred to as “a scheme”.

(2)A scheme may make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be necessary or expedient for the purposes of that paragraph.

(3)A scheme shall in particular make provision with respect to the making of claims for allowances, with respect to the determination of questions arising on or in connection with any such claim or the payment of allowances, and with respect to any other matters necessary for the proper administration of any scheme; and, subject to any provisions of a scheme for reviewing decisions, the decision in accordance with a scheme of any question arising under a scheme shall be final for the purposes of paragraph 2 of Schedule 8 to the Contributions and Benefits Act.

(4)Without prejudice to the generality of sub-paragraph (2) above, a scheme may make provision—

(a)for the Secretary of State to be charged with the general administration of any scheme and (subject to any provisions of a scheme) with the determination of questions arising under any scheme, and for enabling the decision of the Secretary of State on any such question to be proved in legal proceedings by means of a certificate or otherwise;

(b)for enabling any class or description of such questions to be determined as if they had arisen under Parts II to VI of the Contributions and Benefits Act;

(c)for applying, with or without modifications, section 187(1) and (2) above, or for making provision corresponding to them;

(d)for requiring persons claiming or receiving allowances to furnish information and evidence and to undergo medical or other examination, for summoning persons to attend and give evidence or produce documents at any hearing for the purpose of determining questions arising under a scheme, and for authorising the administration of oaths to witnesses at any such hearing;

(e)for requiring the repayment to the Secretary of State in whole or in part of payments under paragraph 2 of Schedule 8 to the Contributions and Benefits Act subsequently found not to have been due, for the deduction of any sums so required to be repaid from payments under that paragraph or by way of industrial injuries benefit, and for the deduction from payments under that paragraph of any sums which may by virtue of any provision of this Act be recovered by deduction from any payment by way of such benefit.

(5)The Secretary of State may make such payments in connection with the administration of any scheme (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under any such scheme), as he may with the consent of the Treasury determine.

(6)Notwithstanding anything in this Act or the Contributions and Benefits Act, a scheme shall not require a person to submit himself to medical treatment.

(7)A scheme varying an earlier scheme may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier scheme in respect of periods before the making of the later scheme.

Provisions ancillary to paragraph 4 of Schedule 8

2(1)Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6) of paragraph 1 above shall have effect for the purposes of paragraph 4 of Schedule 8 to the Contributions and Benefits Act as if in those sub-paragraphs—

(a)any reference to a scheme were a reference to a scheme under paragraph 4;

(b)any reference to paragraph 2 of Schedule 8 to the Contributions and Benefits Act were a reference to paragraph 4;

(c)any reference to allowances (other than the reference in sub-paragraph (4)) included a reference to any other payment under paragraph 4.

(2)Nothing in this Schedule or in Schedule 8 to that Act shall authorise the recovery of sums by deduction from payments under paragraph 4 of that Schedule in respect of the death of any person, or the abatement of such payments.

(3)Without prejudice to the powers conferred by paragraph 1 above as applied by this paragraph, a scheme under paragraph 4 may in particular make provision for the determination by a medical board of questions of such classes as may be prescribed by the scheme.

(4)Without prejudice to the provision made by sub-paragraphs (1) and (3) above with respect to the determination of questions, such a scheme may, where it appears to the Secretary of State expedient so as to avoid the introduction or working of the scheme being impeded, provide that, in any circumstances prescribed by the scheme, a person shown to be disabled by a disease shall be presumed for the purposes of the scheme to have been disabled by that disease for such period previously, and the disablement to have been during that period or any part of it of such a nature and degree, as may be so prescribed.

Adjustment of benefit in certain cases

3(1)A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under the paragraph in question or under the other of those paragraphs in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under the paragraph in question or, as the case may be, to both such an allowance and an allowance under the other of those paragraphs.

(2)Where immediately before 22nd June 1967 (the commencement of the [1967 c. 34.] Industrial Injuries and Diseases (Old Cases) Act 1967) a person was receiving payments by virtue of section 3(2) of the [1965 c. 79.] Workmen’s Compensation and Benefit (Amendment) Act 1965 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive on or after 6th April 1975 (the commencement of the Old Cases Act) by way of allowances under section 2 or 5 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period commencing on or after that date for which he would have so continued if neither Act had been passed.

Overpayments

4A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 71 above in relation to the benefits to which it applies.

Section 186.

SCHEDULE 10Supplementary benefit etc.

Interpretation

1In this Schedule—

• “the former National Insurance Acts” means the [1946 c. 67.] National Insurance Act 1946 and the [1965 c. 51.] National Insurance Act 1965; and

• “the former Industrial Injuries Acts” means the [1946 c. 62.] National Insurance (Industrial Injuries) Act 1946 and the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965.

Claims and payments

2(1)Section 5 above shall have effect in relation to the benefits specified in sub-paragraph (2) below as it has effect in relation to the benefits to which it applies by virtue of subsection (2).

(2)The benefits mentioned in sub-paragraph (1) above are benefits under—

(a)the former National Insurance Acts;

(b)the former Industrial Injuries Acts;

(c)the [1948 c. 29.] National Assistance Act 1948;

(d)the [1966 c. 20.] Supplementary Benefit Act 1966;

(e)the [1976 c. 71.] Supplementary Benefits Act 1976;

(f)the [1970 c. 55.] Family Income Supplements Act 1970.

Adjudication

3(1)Sections 20 to 29, 36 to 43, 51 to 61 and section 124 above shall have effect for the purposes of the benefits specified in paragraph 2(2) above as they have effect for the purposes of benefit within the meaning of section 122 of the Contributions and Benefits Act other than attendance allowance, disability living allowance and disability working allowance.

(2)Procedure regulations made under section 59 above by virtue of sub-paragraph (1) may make different provision in relation to each of the benefits specified in paragraph 2(2) above.

Overpayments etc.

4(1)Section 71 above shall have effect in relation to the benefits mentioned in paragraph 2(2) above as it has effect in relation to the benefits to which it applies by virtue of subsection (11).

(2)Section 74 above shall have effect in relation to supplementary benefit as it has effect in relation to income support.

(3)The reference to housing benefit in section 75 above includes a reference to housing benefits under Part II of the [1982 c. 24.] Social Security and Housing Benefits Act 1982.

Inspection

5Section 110 above shall have effect as if it also applied to—

(a)the Supplementary Benefits Act 1976;

(b)the Family Income Supplements Act 1970.

Legal proceedings

6Section 116 above shall have effect as if any reference to this Act in that section included—

(a)the National Assistance Act 1948;

(b)the Supplementary Benefit Act 1966;

(c)the Supplementary Benefits Act 1976;

(d)the Family Income Supplements Act 1970.

TABLE OF DERIVATIONS

Note:

1Abbreviations used in this Table are the same as those used in the Table of Derivations for the Social Security Contributions and Benefits Act. They are set out at the beginning of that Table.

2The Table does not acknowledge the general changes made by paragraph 1 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983. That paragraph transferred adjudication functions to adjudication officers and social security appeal tribunals

3The Table does not contain any entries in respect of section 66(2) of the Social Security Pensions Act 1975 (c. 60) which provides that, with certain exceptions, that Act and the Social Security Act 1975 (c. 14) shall have effect as if the provisions of the Social Security Pensions Act 1975 were contained in the Social Security Act 1975. The effect is that the general provisions of the Social Security Act 1975 apply to the provisions of the Social Security Pensions Act 1975.

4The Table does not show the effect of transfer of functions orders.