Social Security (Consequential Provisions) Act 1992

Section 4.

SCHEDULE 2 U.K. Consequential amendments

National Assistance Act 1948E+W+S

“In section 64(1) of the National Assistance Act 1948, for the definition of “trade dispute”, there shall be substituted—

“trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992”.

Law Reform (Personal Injuries) Act 1948E+W+S

2E+W+SIn section 2 of the M1Law Reform (Personal Injuries) Act 1948 (measure of damages)—

(a)in subsection (1)(a), for the words “section 22 of the Social Security Act 1989” there shall be substituted the words “ section 81 of the Social Security Administration Act 1992 ”; and

(b)in subsection (1A), for the words “paragraph 4(1) of Schedule 4 to the Social Security Act 1989” there shall be substituted the words “ section 85(1) of the Social Security Administration Act 1992 ”.

Maintenance Orders Act 1950U.K.

3(1)In the following provisions of the M2Maintenance Orders Act 1950 (jurisdiction of and enforcement by courts)—U.K.

(a)section 4(1)(d);

(b)section 9(1)(d);

(c)section 12(1)(d);

(d)section 16(2)(a)(viii);

(e)section 16(2)(b)(ix); and

(f)section 16(2)(c)(viii),

for the words “section 24 of the Social Security Act 1986”, in each place where they occur, there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 ”.

(2)In sections 4(2) and 9(2) of that Act for “24”, in each place where it occurs, there shall be substituted “ 106 ”.

Agriculture Act 1967E+W+S

F14E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Expenditure and Receipts Act 1968E+W+S

5E+W+SIn paragraph 1(b) of Schedule 3 to the M3Public Expenditure and Receipts Act 1968 for the words “The Social Security Act 1975 (c.14), section 160(2)” there shall be substituted the words “ The Social Security Administration Act 1992 (c. 5) section 124(3) ”.

Administration of Justice Act 1970Attachment of Earnings Act 1971E+W+S

6E+W+SIn paragraph 3A of Schedule 4 to the M4Administration of Justice Act 1970 and paragraph 3A of Schedule 2 to the M5Attachment of Earnings Act 1971 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.

7E+WIn paragraph 6 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 7 of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders) the word “or” where first occurring shall be omitted and after “1986” there shall be inserted the words “ or section 106 of the Social Security Administration Act 1992 ”.

Tribunals and Inquiries Act 1971U.K.

F28U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment and Training Act 1973E+W+S

10E+W+SIn subsection (3) of section 11 of the M6Employment and Training Act 1973 (financial provisions) for the words “Part II of the Social Security Act 1975” there shall be substituted the words “ Parts II to V of the Social Security Contributions and Benefits Act 1992 ”.

11E+W+SIn section 12(2) of that Act (duty of local education authorities to furnish Secretary of State with information in connection with determination of questions relating to contributions or benefit) for the words from “under” to the end of paragraph (b) there shall be substituted the words “ under the Social Security Contributions and Benefits Act 1992 ”.

Social Security (Northern Ireland) Act 1975N.I.

F412N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F513N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F614N.I.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security (Consequential Provisions) Act 1975U.K.

15U.K.In section 2(3)(a) of the M7Social Security (Consequential Provisions) Act 1975 (transitional provisions and savings) for the words “sections 166 and 167(3) of the Social Security Act 1975” there shall be substituted the words “ sections 189 and 190(3) of the Social Security Administration Act 1992 ”.

House of Commons Disqualification Act 1975U.K.

16U.K.In Part I (judicial offices disqualifying for membership) of Schedule 1 to the M8House of Commons Disqualification Act 1975, in the first entry beginning “Chief or other Social Security Commissioner”, for the words “(excluding a person appointed in pursuance of section 13(5) of the Social Security Act 1980)” there shall be substituted the words “ (not including a deputy Commissioner) ”.

17U.K.In Part III (other disqualifying offices)—

(a)in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security Act 1975” there shall be substituted the words “ Part II of the Social Security Administration Act 1992 ”; and

(b)in the entry beginning “Member of a Medical Appeal Tribunal appointed” for the words “paragraph 2(2) of Schedule 12 to the Social Security Act 1975” there shall be substituted the words “ section 50 of the Social Security Administration Act 1992 ”.

Northern Ireland Assembly Disqualification Act 1975U.K.

18U.K.In Part I (judicial offices disqualifying for membership) of Schedule 1 to the M9Northern Ireland Assembly Disqualification Act 1975 for the entry beginning “Chief or other Social Security Commissioner” there shall be substituted the following entry—

Social Security Pensions Act 1975U.K.

19E+W+SThe M10Social Security Pensions Act 1975 shall be amended as follows.

F720E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F821E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F922E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1023E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1124E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1326E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1427E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1528E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1629E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1730E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1831E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1932E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2033E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34U.K.In subsection (1) of section 59 (official pensions) for the words from “section 23” to “1986” there shall be substituted the words “ section 151 of the Administration Act a direction is given that the sums mentioned in section 150(1)(c) of that Act ”.

F2135E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2236E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37E+W+SThe following sections shall be inserted after section 61—

“61A Consultation with Social Security Advisory Committee about certain regulations.

(1)Subject to section 173 of the Administration Act, where the Secretary of State proposes to make regulations under section 51A(10) above, he shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee (“the Committee”).

(2)The Committee shall consider any proposals referred to it by the Secretary of State under subsection (1) above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(3)If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations a copy of the Committee’s report and a statement showing—

(a)the extent (if any) to which he has, in framing the regulations, given effect to the Committee’s recommendations; and

(b)in so far as effect has not been given to them, his reasons why not.

(4)In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (3) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.

61B Orders and regulations (general provisions).

(1)Powers under this Act to make regulations or orders, except any power of the Occupational Pensions Board to make orders, are exercisable by statutory instrument.

(2)Except in so far as this Act otherwise provides, any power conferred thereby to make regulations or an order may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b)so as to make, as respects the cases in relation to which it is exercised—

(i)the full provision to which the power extends or any less provision (whether by way of exception or otherwise),

(ii)the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act,

(iii)any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(3)Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations or an order includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order.

(4)Without prejudice to any specific provisions in this Act, a power conferred by this Act to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

(5)A power conferred on the Secretary of State 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.”.

38E+W+SThe following subsection shall be substituted for section 62(2)—

“(2)A statutory instrument—

(a)which contains (whether alone or with other provisions) any order or regulations made under this Act by the Secretary of State, other than an order which, under any provision of this Act, is required to be laid before Parliament after being made; and

(b)which is not subject to any requirement that a draft of the instrument shall 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.”.

39E+W+SIn section 64(2)—

(a)for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Administration Act ”; and

(b)for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.

F2340E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2441E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2542E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Protection Act 1975E+W+S

43E+W+SIn section 124(6) of the M11Employment Protection Act 1975 (financial provisions)—

(a)for the words “section 135(3)(a) of the Social Security Act 1975” there shall be substituted the words “ section 163(2)(a) of the Social Security Administration Act 1992 ”; and

(b)for the words “subsection (5) of that section” there shall be substituted the words “ section 165(5) of that Act ”.

Social Security (Miscellaneous Provisions) Act 1977U.K.

F2644E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

45E+W+SIn section 23(2) of that Act (financial provisions)—

(a)for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Social Security Administration Act 1992 ”; and

(b)for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.

46U.K.In section 24(3) of that Act (supplemental)—

(a)for the words “Subsections (1) to (5) of section 166 of the principal Act” there shall be substituted the words “ Subsections (3) to (6) and (9) of section 189 of the Social Security Administration Act 1992 ”;

(b)for the words “subsections (2) to (4) of the said section 166” there shall be substituted the words “ subsections (4) to (6) of that section ”; and

(c)for the words from “and for the purposes” to the end there shall be substituted the words “ and a power under any of sections 116 to 120 of the Social Security Contributions and Benefits Act 1992 or 177 to 179 of the Social Security Administration Act 1992 to make provision by regulations or Order in Council for modifications or adaptations of those Acts shall be exercisable in relation to any enactment contained in this Act. ”.

Rent Act 1977E+W

47E+WThe following section shall be inserted after section 72 of the M12Rent Act 1977—

“72A Amounts attributable to services.

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is registered, there shall be noted on the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the committee.”.

Rating (Disabled Persons) Act 1978E+W+S

48E+W+SIn section 4(9) of the M13Rating (Disabled Persons) Act 1978 (rebates for lands and heritages with special facilities for disabled persons), for “1986)” there shall be substituted “ 1986 or section 134 of the Social Security Administration Act 1992) ”.

Employment Protection (Consolidation) Act 1978E+W+S

F2749E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2850E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2951E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capital Gains Tax Act 1979U.K.

52U.K.In sub-paragraph (2) of paragraph 5 of Schedule 1 to the M14Capital Gains Tax Act 1979 (application of provisions about reliefs in relation to property held on trust for disabled persons)—

(a)for the words “35 of the Social Security Act 1975 or” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 or section 35 of ”; and

(b)for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.

Vaccine Damage Payments Act 1979U.K.

53U.K.In section 1(4) of the M15Vaccine Damage Payments Act 1979 (assessment of disablement) for the words “section 57 of the Social Security Act 1975 or” there shall be substituted the words “ section 103 of the Social Security Contributions and Benefits Act 1992 or section 57 of ”.

54U.K.In subsection (2) of section 12 of that Act (financial provisions) for the words “Schedule 20 to the Social Security Act 1975” there shall be substituted the words “ section 191 of the Social Security Administration Act 1992 ”.

Pneumoconiosis etc. (Workers’ Compensation) Act 1979E+W+S

55(1)In subsection (3) of section 2 of the M16Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (conditions of entitlement), in the definition of “death benefit”—E+W+S

(a)for the words “section 76 of the Social Security Act 1975” there shall be substituted the words “ section 108 of the Social Security Contributions and Benefits Act 1992 ”; and

(b)for the words “section 5 of the Industrial Injuries and Diseases (Old Cases) Act 1975” there shall be substituted the words “ paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 ”.

(2)In the definition of “disablement benefit”, after “1975”—

(a)in the first place where it occurs, there shall be inserted the words “ or section 108 of the Social Security Contributions and Benefits Act 1992 ”; and

(b)in the second place where it occurs, there shall be inserted the words “ or paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992 ”.

56E+W+SIn section 4(3) of that Act (appeal on question of law)—

(a)for the words “94 of the Social Security Act 1975” there shall be substituted the words “ 18 of the Social Security Administration Act 1992 ”; and

(b)for “93(1)” there shall be substituted “ 17(1) ”.

57E+W+SIn section 10(2) of that Act (construction)—

(a)for the words “the Social Security Act 1975” there shall be substituted the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992 ”; and

(b)for the words “that Act” there shall be substituted the words “ either of those Acts ”.

Justices of the Peace Act 1979E+W

58E+WIn section 58(2)(b) of the Justices of the M17Peace Act 1979 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.

Social Security Act 1980U.K.

59U.K.In section 21(3) of the M18Social Security Act 1980 (supplemental) for the words “Subsections (2) and (3) of section 166 of the principal Act” there shall be substituted the words “ Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 ”.

Magistrates’ Courts Act 1980E+W

F3060E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government, Planning and Land Act 1980E+W+S

61E+W+SIn subsection (1) of section 154 of the M19Local Government, Planning and Land Act 1980 (rent rebates) for the words “Part II of the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1991 and the Social Security Administration Act 1992 ”.

Civil Jurisdiction and Judgments Act 1982U.K.

62U.K.In paragraph 5(c) of Schedule 5 to the M20Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from Schedule 4) for the words “or any enactment applying in Northern Ireland and corresponding to it,” there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 or any enactment applying in Northern Ireland and corresponding to either of them, ”.

Forfeiture Act 1982E+W+S

63F31(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

F31(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (5) of that section—

F32(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in the definition of “relevant enactment” the following entry shall be added after the entry relating to the Social Security Acts 1975 to 1991—

• “the Social Security Contributions and Benefits Act 1992,”.

Transport Act 1982E+W+S

64E+W+SIn section 70(2)(a) of the M21Transport Act 1982 (payments in respect of applications for exemption from wearing seat belts)—

(a)in sub-paragraph (i) for the words “35 of the Social Security Act 1975” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 ”;

(b)in sub-paragraph (iA) for “37ZA” there shall be substituted “ 71 ”; and

(c)in sub-paragraph (iii) for “57” there shall be substi tut ed “ 103 ” and for “61(1)”, “ 104(1) ”.

Value Added Tax Act 1983U.K.

65U.K.In the seventh note to Group 14 (drugs, medicines, aids for the handicapped) of Schedule 5 (zero-rating) to the M22Value Added Tax Act 1983 for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.

Inheritance Tax Act 1984U.K.

66(1)In paragraph (b) of sections 74(4) and 89(4) of the M23Inheritance Tax Act 1984 (disabled persons for purposes of provisions about trusts for disabled persons) for the words “35 of the Social Security Act 1975 or” there shall be substituted the words “ 64 of the Social Security Contributions and Benefits Act 1992 or section 35 of ”.U.K.

(2)In paragraph (c) of those subsections for the words “37ZA of the Social Security Act 1975” there shall be substituted the words “ 71 of the Social Security Contributions and Benefits Act 1992 ”.

Social Security Act 1985U.K.

F3367E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68U.K.In section 32(8) of that Act (commencement) for the words “Subsections (2) and (3) of section 166 of the Social Security Act 1975” there shall be substituted the words “ Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992 ”.

Bankruptcy (Scotland) Act 1985S

F3469S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing Act 1985E+W

70E+WIn subsection (2)(b) of section 425 of the M24Housing Act 1985 (the local contribution differential) for the words “section 30 of the Social Security Act 1986” there shall be substituted the words “ section 135 of the Social Security Administration Act 1992 ”.

71E+WIn Item 4 in Part I of Schedule 14 to that Act (items to be credited to the Housing Revenue Account) for the words “Part II of the Social Security Act 1986” there shall be substituted the words “ section 135 of the Social Security Administration Act 1992 ”.

72E+WIn paragraph 3 of Part IV of that Schedule (rate fund contributions to the Housing Revenue Account) for the words “section 30(6) of the Social Security Act 1986” there shall be substituted the words “ section 135(7) of the Social Security Administration Act 1992 ”.

Insolvency Act 1986E+W+S

F3573E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wages Act 1986E+W+S

F3674U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1986U.K.

75U.K.The M25Social Security Act 1986 shall be amended as follows.

F3776E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3877E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3978E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4079E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4180E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4281E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4382E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4483E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

84U.K.In section 83(1) (general provisions about orders and regulations) for the words “Section 166(1) to (3A) of the Social Security Act 1975” there shall be substituted the words “ Section 61B(1) to (4) of the Social Security Pensions Act 1975 ”.

Abolition of Domestic Rates Etc. (Scotland) Act 1987S

85SThe M26Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be amended as follows.

86SIn subsection (7) of section 9 (reduced liability for personal community charge) for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.

87SAt the end of section 20B(2)(a) (regulations regarding use of social security information) there shall be added the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992 ”.

88SIn paragraph 4(2) of Schedule 1A (exemption of the severely mentally impaired from personal community charge)—

(a)for paragraphs (a), (b), (d) and (e) there shall be substituted the following paragraphs—

“(a) he is entitled to an invalidity pension under section 33, 40 or 41 of the Social Security Contributions and Benefits Act 1992;

(b)he is entitled to a severe disablement allowance under section 68 of that Act;

(e)he is entitled to unemployability supplement under Part I of Schedule 7 to that Act;”; and

(b)for paragraphs (g) and (h), there shall be substituted the following paragraphs—

“(g) he is entitled to an attendance allowance under section 64 of the Social Security Contributions and Benefits Act 1992;

(h)he is entitled to an increase of the weekly rate of his disablement pension under section 104 of that Act;”.

89SIn paragraph 5 of Schedule 1A (exemption of children from personal community charge) for the words “Schedule 1 to the Child Benefit Act 1975” there shall be substituted the words “ Schedule 9 to the Social Security Contributions and Benefits Act 1992 ”.

90SIn paragraph 4 of Schedule 2 (payment of community charges)—

(a)in sub-paragraph (7) for the words “or community charge benefit in pursuance of Part II of the Social Security Act 1986” there shall be substituted the words “ in pursuance of the Social Security Act 1986 or community charge benefit in pursuance of Part VII of the Social Security Contributions and Benefits Act 1992 ”; and

(b)in sub-paragraph (12) for the words “section 20(11) of the Social Security Act 1986” there shall be substituted the words “ section 137(1) of the Social Security Contributions and Benefits Act 1992 ”.

91SIn paragraph 5 of that Schedule in each of sub-paragraphs (1) and (7)(c) for the words “or community charge benefit in pursuance of Part II of the Social Security Act 1986” there shall be substituted the words “ in pursuance of the Social Security Act 1986 or community charge benefit in pursuance of Part VII of the Social Security Contributions and Benefits Act 1992 ”.

92SIn paragraph 7A(1) of that Schedule for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.

Income and Corporation Taxes Act 1988U.K.

F4593U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1988E+W+S

94E+W+SIn section 13(4)(e) of the M27Social Security Act 1988 (schemes for distribution of welfare foods) for the words “the Social Security Act 1975” there shall be substituted the words “ the Social Security Administration Act 1992 ”.

95E+W+SIn section 15(2) of that Act (financial provision) for the words “sections 2, 6, 7, 9 and 10” there shall be substituted the words “ section 9 ”.

96E+W+SIn section 15A(1) of that Act (regulations and orders) for the words “Section 166(1) to (3A) of the Social Security Act 1975” there shall be substituted the words “ Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.

Legal Aid Act 1988E+W

F4697E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Finance Act 1988E+W

98E+WThe following paragraph shall be substituted for sub-paragraph (2) of paragraph 4 (exemption of the severely mentally impaired from personal community charge) of Schedule 1 to the M28Local Government Finance Act 1988—

“(2)The conditions are that—

(a)he is entitled for the day to an invalidity pension under section 33 of the Social Security Contributions and Benefits Act 1992;

(b)he is entitled for the day to a severe disablement allowance under section 68 of that Act;

(c)he is on the day of pensionable age within the meaning given by section 122 of that Act.”.

99E+WAt the end of paragraph 14(2)(a) of Schedule 2 to that Act (community charges: administration) there shall be added the words “ the Social Security Contributions and Benefits Act 1992 or the Social Security Administration Act 1992, ”.

100E+WIn paragraph 6(1) of Schedule 4 to that Act (community charges: enforcement) for the words “the Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.

101E+WIn paragraph 28(2) of that Schedule after “1979,” there shall be inserted the words “ sections 17 to 62 of the Social Security Administration Act 1992 ”.

Housing (Scotland) Act 1988S

102SThe following section shall be inserted after section 48 of the M29Housing (Scotland) Act 1988—

“48A Amounts attributable to services.

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 25 or 34 above, the rent assessment committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amounts so noted may be included in the information specified in an order under section 49 below.”.

Housing Act 1988E+W

103E+WThe following section shall be inserted after section 41 of the M30Housing Act 1988—

“41A Amounts attributable to services.

In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is determined under section 14 or 22 above, the rent assessment committee shall note in their determination the amount (if any) of the rent which, in the opinion of the committee, is fairly attributable to the provision of services, except where that amount is in their opinion negligible; and the amount so noted may be included in the information specified in an order under section 42 below.”.

F47104U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1989E+W+S

105(1)In subsection (7) of section 6 of the M31Social Security Act 1989 (benefits for women widowed before 11th April 1988) for the words “section 104 of the principal Act” there shall be substituted the words “ section 25 of the Social Security Administration Act 1992 ”.E+W+S

(2)In subsection (9) of that section—

(a)for the words “Subsection (4) of section 104 of the principal Act” there shall be substituted the words “ Section 28 of the Social Security Administration Act 1992 ”; and

(b)for the words “that section” there shall be substituted the words “ section 25 of that Act ”.

106E+W+SIn section 29(1) of that Act (general provisions about regulations and orders) for the words “subsections (1) to (3A) of section 166 of the principal Act” there shall be substituted the words “ Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.

Finance Act 1989U.K.

107U.K.In section 178 of the M32Finance Act 1989 (rates of interest) in subsection (2)(gg) for the words “paragraph 5 of Schedule 1 to the Social Security Act 1975” there shall be substituted the words “ paragraph 6 of Schedule 1 to the Social Security Contributions and Benefits Act 1992 ”.

Children Act 1989E+W

108E+WIn the following provisions of the M33Children Act 1989—

(a)section 17(9) (no repayment of assistance);

(b)section 29(3) (no recoupment of costs); and

(c)paragraph 21(4) of Part III of Schedule 2 (no liability to contribute to maintenance),

for the words “Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.

Capital Allowances Act 1990U.K.

F48109U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1990E+W+S

110E+W+SIn section 18(2) of the M34Social Security Act 1990 (general financial provisions) for the words from “sections 4” to “26” there shall be substituted the words “ paragraphs 2 ”.

111E+W+SIn section 19(1) of that Act (general provisions about regulations and orders) for the words “subsections (1) to (3A) of section 166 of the principal Act” there shall be substituted the words “ section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 ”.

112(1)In sub-paragraph (3) of paragraph 27 of Schedule 6 to that Act (benefits for women widowed before 11th April 1988) for the words “section 104 of the principal Act” there shall be substituted the words “ section 25 of the Social Security Administration Act 1992 ”.E+W+S

(2)In sub-paragraph (5) of that paragraph for the words “Subsection (4) of section 104 of the principal Act” there shall be substituted “ Section 28 of the Social Security Administration Act 1992 ”.

Child Support Act 1991E+W+S

113E+W+S[F49In subsection (2) of section 43 of the Child Support Act 1991 (contribution to maintenance by deduction from benefit) for the words “section 51 of the Social Security Act 1986 by virtue of subsection (1)(r),” there shall be substituted the words “ section 5 of the Social Security Administration Act 1992 by virtue of subsection (1)(t),”]

114E+W+SIn section 54 of that Act (interpretation)—

(a)in the definition of “benefit Acts” for the words “Social Security Acts 1975 to 1991” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 and the Social Security Administration Act 1992 ”; and

(b)in the definition of “disability living allowance” for the words “Social Security Act 1975” there shall be substituted the words “ benefit Acts ”.