Hyperlawhypertext legal database Social Security Act 1989 current to 2025-01-22

UKPGA-1989-24 Social Security Act 1989 UK

Current to 2025-01-22

Contents

Contributions

s. 1–3 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 4 — Earnings factors.
s. 4(1)

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s. 4(5)

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

s. 4(6)

In subsection (5) above—“the Earnings Factor Regulations” means the Social Security (Earnings Factor) Regulations 1979; and“the Amending Regulations” means the Social Security (Earnings Factor) Amendment Regulations 1985.

s. 4(7)

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

s. 4(8)

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

Liability to maintain children

s. 5 — Liability of parants to maintain children under the age of nineteen in respect of whom income support is paid.
s. 5(1)

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s. 5(5)

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

Benefits under the principal Act

s. 6 — Benefits for women widowed before 11th April 1988.
s. 6(1)

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s. 6(2)

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s. 6(3)

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

s. 6(4)

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

s. 6(4)(a)

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

s. 6(4)(b)

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

s. 6(5)

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

s. 6(6)

Where a widow’s late husband died on or after 7th October 1987 and before 11th April 1988 and, apart from section 165A of the principal Act, she would have become entitled to a widow’s allowance on his death, then if either—she shall, notwithstanding anything in that section, be entitled to the widow’s allowance (and, accordingly, in a case falling within paragraph (b) above, to the widowed mother’s allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the passing of this Act.

s. 6(6)(a)

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

s. 6(6)(b)

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

s. 6(7)

Where in consequence of any of the amending provisions an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either—an adjudication officer may review that decision, notwithstanding anything in section 25 of the Social Security Administration Act 1992.

s. 6(7)(a)

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

s. 6(7)(b)

is entitled to such a benefit at a particular rate,

s. 6(8)

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

s. 6(8)(a)

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

s. 6(8)(b)

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

s. 6(9)

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

s. 6(10)

In this section—“adjudicating authority” means—“the amending provisions” are—

s. 6(10)(a)

an adjudication officer;

s. 6(10)(b)

a social security appeal tribunal;

s. 6(10)(c)

a Commissioner; and

s. 6(10)(a)

section 36(3) of the 1986 Act; and

s. 6(10)(b)

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

s. 6(11)

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

s. 6(12)

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

s. 7
s. 7(1)

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s. 7(6)

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s. 8 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 9–19 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 20 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 21 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery from damages etc of sums equivalent to benefit

s. 22 — Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.
s. 22(1)

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s. 22(7)

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

s. 22(8)

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Occupational and personal pensions etc

s. 23 — Equal treatment for men and women.

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

s. 24 — Miscellaneous amendments relating to pensions.

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

War pensions committees

s. 25 — Establishment and functions of war pensions committees.
s. 25(1)

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

s. 25(1)(a)

the membership of the committees;

s. 25(1)(b)

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

s. 25(1)(c)

the manner in which they may be removed.

s. 25(1A)

The regulations may give the committees functions relating to one or more of the following—

s. 25(1A)(a)

war pensions;

s. 25(1A)(b)

war pensioners;

s. 25(1A)(c)

AFCS benefits;

s. 25(1A)(d)

AFCS benefit recipients.

s. 25(2)

... the regulations may, in particular, provide that it is a function of a committee —

s. 25(2)(a)

to consider any matter connected with war pensions or AFCS benefits or affecting people in its area who are war pensioners or AFCS benefit recipients and, where it thinks it appropriate, to make recommendations to the Secretary of State about that matter;

s. 25(2)(b)

to consider complaints made to it by people receiving or claiming war pensions or AFCS benefits and, if it thinks fit, to make representations about those complaints to the Secretary of State;

s. 25(2)(c)

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

s. 25(2)(d)

to assist the War Pensioners’ Welfare Service in looking after the welfare of people in its area who are war pensioners or AFCS benefit recipients .

s. 25(3)

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

s. 25(3A)

The regulations may provide for the committees to have names specified in the regulations (as well as being known as war pensions committees).

s. 25(4)

In this section—“AFCS benefit” means a benefit payable under an armed and reserve forces compensation scheme established by order under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;“AFCS benefit recipient” means a person in receipt of an AFCS benefit, in the person's capacity as such;“war pension” means—but does not include any pension or benefit administered by the Defence Council or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security); and“war pensioner” means a person in receipt of a war pension, in his capacity as such a pensioner.

s. 25(4)(a)

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

s. 25(4)(b)

any pension or benefit awarded under—

s. 25(4)(b)(i)

the Personal Injuries (Emergency Provisions) Act 1939,

s. 25(4)(b)(ii)

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

s. 25(4)(b)(iii)

the Polish Resettlement Act 1947,

s. 25(4)(c)

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

s. 25(4)(d)

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

s. 25(5)

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

s. 25(6)

In the War Pensions Act 1921—

s. 25(6)(a)

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

s. 25(6)(b)

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

General and supplementary provisions

s. 26 — Pre-consolidation amendments.
s. 26(1)

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

s. 26(2)

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

s. 27 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 28 — Financial provisions.
s. 28(1)

There shall be paid out of money provided by Parliament—

s. 28(1)(a)

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

s. 28(1)(b)

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

s. 28(2)

There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under sections . . . , 6, 7, . . . above, 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.

s. 28(3)

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s. 28(5)

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

s. 29 — Regulations and orders: general provisions.
s. 29(1)

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

s. 29(2)

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s. 29(3)

A statutory instrument—shall be subject to annulment in pursuance of a resolution of either House of Parliament.

s. 29(3)(a)

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

s. 29(3)(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,

s. 29(4)

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s. 29(5)

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s. 29(6)

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

s. 29(7)

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s. 30 — Interpretation.
s. 30(1)

In this Act, unless the context otherwise requires—“the 1973 Act” means the Social Security Act 1973;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the 1986 Act” means the Social Security Act 1986;“Commissioner” has the same meaning as it has in the principal Act;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the Pensions Act” means the Social Security Pensions Act 1975;“prescribe” means prescribe by regulations;“the principal Act” means the Social Security Act 1975;“regulations” means regulations made by the Secretary of State.

s. 30(2)

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

s. 31 — Minor and consequential amendments, repeals and transitional provisions.
s. 31(1)

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

s. 31(2)

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

s. 31(3)

The Secretary of State may by regulations make—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.

s. 31(3)(a)

such transitional provision,

s. 31(3)(b)

such consequential provision, or

s. 31(3)(c)

such savings,

s. 32 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
s. 33 — Short title, commencement and extent.
s. 33(1)

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

s. 33(2)

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

s. 33(3)

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

s. 33(3)(a)

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

s. 33(3)(b)

Schedule 2;

s. 33(3)(c)

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

s. 33(3)(d)

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

s. 33(3)(e)

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

s. 33(3)(f)

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

s. 33(3)(g)

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

s. 33(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.

s. 33(5)

Paragraph 12 of Schedule 4 does not extend to Scotland.

s. 33(6)

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

s. 33(7)

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

Sch 1

Abolition of Earnings Rule Etc.

Sch 1 para 1–10

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Occupational and personal pensions

Sch 1 para 11

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Sch 2
Sch 4

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

Sch 4

. . .

Sch 4

MISCELLANEOUS

Sch 4 para 21

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Modification of Law Reform (Personal Injuries) Act 1948

Sch 4 para 22
Sch 4 para 22(1)

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

Sch 4 para 22(1)(a)

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

Sch 4 para 22(1)(b)

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

Sch 4 para 22(1)(c)

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

Sch 4 para 22(2)

After that subsection there shall be inserted—

Sch 4 para 22(3)

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

Modification of Bankruptcy (Scotland) Act 1985

Sch 4 para 23

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

Sch 4 para 24

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Sch 5

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

Sch 5

Compliance by Schemes

Schemes to comply with the principle of equal treatment

Sch 5 para 1

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

The principle

Sch 5 para 2
Sch 5 para 2(1)

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

Sch 5 para 2(2)

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

Sch 5 para 2(3)

Where any provision of the scheme imposes on both male and female members a requirement or condition—the imposition of that requirement or condition shall be regarded as less favourable treatment of persons of the sex affected.

Sch 5 para 2(3)(a)

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

Sch 5 para 2(3)(b)

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

Sch 5 para 2(4)

No account shall be taken of—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 2(4)(a)

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

Sch 5 para 2(4)(a)(i)

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

Sch 5 para 2(4)(a)(ii)

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

Sch 5 para 2(4)(b)

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

Sch 5 para 2(4)(c)

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

Sch 5 para 2(4)(d)

any permitted age-related differences;

Sch 5 para 2(4)(e)

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

Sch 5 para 2(4)(f)

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

Sch 5 para 2(4)(g)

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

Sch 5 para 2(5)

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

Sch 5 para 2(6)

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

Sch 5 para 2(7)

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

Sch 5 para 2(8)

In this paragraph—“money purchase benefits” has the same meaning given by section 181(1) of the Pension Schemes Act 1993, but with the substitution for references to a personal or occupational pension scheme of references to an employment-related benefit scheme;“optional provisions available” means those provisions of a scheme—“permitted age-related difference” means any difference, on the basis of sex, in the age—

Sch 5 para 2(8)(a)

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

Sch 5 para 2(8)(b)

whose purpose is to secure for those members—

Sch 5 para 2(8)(b)(i)

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

Sch 5 para 2(8)(b)(ii)

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

Sch 5 para 2(8)(b)(iii)

a choice between any two or more benefits;

Sch 5 para 2(8)(a)

at which a service-related benefit in respect of old age or retirement commences; or

Sch 5 para 2(8)(b)

at which, in consequence of the commencement of such a benefit, any other service-related benefit either ceases to be payable or becomes payable at a reduced rate calculated by reference to the amount of the benefit so commencing.

Sch 5 para 2(9)

For the purposes of this paragraph—

Sch 5 para 2(9)(a)

any reference to a person’s family status is a reference to his having an unmarried partner or any dependants; and

Sch 5 para 2(9)(b)

a person “has an unmarried partner” if that person and some other person to whom he is not married live together as husband and wife.

Non-compliance: compulsory levelling up

Sch 5 para 3
Sch 5 para 3(1)

To the extent that any provision of an employment-related benefit scheme does not comply with the principle of equal treatment, it shall be overridden by this Schedule and the more favourable treatment accorded to persons of the one sex shall also be accorded to persons of the other sex.

Sch 5 para 3(2)

Where more favourable treatment is accorded to any persons by virtue of sub-paragraph (1) above, that sub-paragraph requires them, in accordance with the principle of equal treatment—but persons of either sex may instead elect to receive the less favourable treatment and, in accordance with the principle of equal treatment, pay contributions at the level appropriate to that treatment and bear the other burdens incidental to it.

Sch 5 para 3(2)(a)

to pay contributions at a level appropriate to the treatment so accorded; and

Sch 5 para 3(2)(b)

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

Sch 5 para 3(3)

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

Sch 5 para 3(4)

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

Modification of schemes by the Occupational Pensions Board

Sch 5 para 4

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Unfair maternity provisions

Sch 5 para 5

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Unfair paternity leave provisions

Sch 5 para 5A

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

Sch 5 para 5A(1)

Where an employment-related benefit scheme includes any unfair paternity leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 5A(1)(a)

the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 5A(1)(b)

subject to sub-paragraph (3), this Schedule shall apply accordingly.

Sch 5 para 5A(2)

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

Sch 5 para 5A(2)(a)

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

Sch 5 para 5A(2)(b)

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

Sch 5 para 5A(3)

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

Sch 5 para 5A(3)(a)

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

Sch 5 para 5A(3)(b)

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

Sch 5 para 5A(4)

In this paragraph—

Sch 5 para 5A(5)

This sub-paragraph applies if—

Sch 5 para 5A(5)(a)

the member’s absence from work is due to the birth or expected birth of a child, and

Sch 5 para 5A(5)(b)

the member satisfies the conditions prescribed under section 171ZA(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992 in relation to that child.

Sch 5 para 5A(6)

This sub-paragraph applies if—

Sch 5 para 5A(6)(a)

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

Sch 5 para 5A(6)(b)

the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act in relation to that child.

Sch 5 para 5A(7)

This sub-paragraph applies if—

Sch 5 para 5A(7)(a)

the member’s absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

Sch 5 para 5A(7)(b)

the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act (as applied by virtue of section 171ZK(1) of that Act (adoption cases not involving placement under the law of the United Kingdom)) in relation to that child.

Sch 5 para 5A(7A)

This sub-paragraph applies if—

Sch 5 para 5A(7A)(a)

the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, and

Sch 5 para 5A(7A)(b)

in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as modified—

Sch 5 para 5A(7A)(b)(i)

in relation to a local authority in England, by section 171ZB(8) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

Sch 5 para 5A(7A)(b)(ii)

in relation to a local authority in Wales, by section 171ZB(10) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter)

Sch 5 para 5A(7B)

This sub-paragraph applies if—

Sch 5 para 5A(7B)(a)

the member's absence from work is due to the birth or expected birth of a child, and

Sch 5 para 5A(7B)(b)

in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZK(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).

Sch 5 para 5A(8)

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

Unfair adoption leave provisions

Sch 5 para 5B

“period of paid adoption leave”, in the case of a member, means a period—throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7) or (8) applies, and for which the employer (or, if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory adoption pay; and“the normal employment requirement” is the requirement that any period of paid adoption leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

Sch 5 para 5B(1)

Where an employment-related benefit scheme includes any unfair adoption leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 5B(1)(a)

the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 5B(1)(b)

subject to sub-paragraph (3), this Schedule shall apply accordingly.

Sch 5 para 5B(2)

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

Sch 5 para 5B(2)(a)

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

Sch 5 para 5B(2)(b)

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

Sch 5 para 5B(3)

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

Sch 5 para 5B(3)(a)

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

Sch 5 para 5B(3)(b)

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

Sch 5 para 5B(4)

In this paragraph—

Sch 5 para 5B(5)

This sub-paragraph applies if—

Sch 5 para 5B(5)(a)

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

Sch 5 para 5B(5)(b)

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

Sch 5 para 5B(6)

This sub-paragraph applies if—

Sch 5 para 5B(6)(a)

the member’s absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

Sch 5 para 5B(6)(b)

the member is a person by whom the child has been or is expected to be adopted.

Sch 5 para 5B(7)

This sub-paragraph applies if—

Sch 5 para 5B(7)(a)

the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, and

Sch 5 para 5B(7)(b)

in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified—

Sch 5 para 5B(7)(b)(i)

in relation to a local authority in England, by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

Sch 5 para 5B(7)(b)(ii)

in relation to a local authority in Wales, by section 171ZL(11) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter).

Sch 5 para 5B(8)

This sub-paragraph applies if—

Sch 5 para 5B(8)(a)

the member's absence from work is due to the birth or expected birth of a child, and

Sch 5 para 5B(8)(b)

in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders under section 54 or 54A of the Human Fertilisation and Embryology Act 2008).

Unfair shared parental leave provisions

Sch 5 para 5C
Sch 5 para 5C(1)

Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 5C(1)(a)

the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 5C(1)(b)

subject to sub-paragraph (3), this Schedule shall apply accordingly.

Sch 5 para 5C(2)

In this paragraph “unfair shared parental leave provisions”, in relation to an employment-related benefit scheme, means any provision—

Sch 5 para 5C(2)(a)

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

Sch 5 para 5C(2)(b)

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

Sch 5 para 5C(3)

In the case of any unfair shared parental leave provision—but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period.

Sch 5 para 5C(3)(a)

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

Sch 5 para 5C(3)(b)

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

Sch 5 para 5C(4)

In this paragraph—“the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;“period of paid adoption leave” has the same meaning as in paragraph 5B;“period of paid paternity leave” has the same meaning as in paragraph 5A;“period of paid shared parental leave”, in the case of a member, means a period—throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies, and for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay.

Sch 5 para 5C(5)

This sub-paragraph applies if—

Sch 5 para 5C(5)(a)

the member's absence from work is due to the birth of a child,

Sch 5 para 5C(5)(b)

the member is the mother of the child, and

Sch 5 para 5C(5)(c)

the absence from work is not absence on maternity leave (within the meaning of the Equality Act 2010).

Sch 5 para 5C(6)

This sub-paragraph applies if—

Sch 5 para 5C(6)(a)

the member's absence from work is due to the birth of a child,

Sch 5 para 5C(6)(b)

the member is a person who satisfies the conditions prescribed under section 171ZU(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

Sch 5 para 5C(6)(c)

the member's absence from work is not absence during a period of paid paternity leave.

Sch 5 para 5C(7)

This sub-paragraph applies if—

Sch 5 para 5C(7)(a)

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

Sch 5 para 5C(7)(b)

the member is—

Sch 5 para 5C(7)(b)(i)

a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or

Sch 5 para 5C(7)(b)(ii)

a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

Sch 5 para 5C(7)(c)

the member's absence from work is not absence during—

Sch 5 para 5C(7)(c)(i)

a period of paid paternity leave, or

Sch 5 para 5C(7)(c)(ii)

a period of paid adoption leave.

Sch 5 para 5C(8)

This sub-paragraph applies if—

Sch 5 para 5C(8)(a)

the member’s absence from work is due to the placement of a child under—with a local authority foster parent who has been approved as a prospective adopter,

Sch 5 para 5C(8)(a)(i)

section 22C of the Children Act 1989 by a local authority in England, or

Sch 5 para 5C(8)(a)(ii)

section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

Sch 5 para 5C(8)(b)

the member is—

Sch 5 para 5C(8)(b)(i)

the local authority foster parent with whom the child in question is placed under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, or

Sch 5 para 5C(8)(b)(ii)

a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZV(18) of that Act (cases involving the placing of a child by a local authority in England or Wales with a local authority foster parent who has been approved as a prospective adopter), in relation to the child, and

Sch 5 para 5C(8)(c)

the member's absence from work is not absence during—

Sch 5 para 5C(8)(c)(i)

a period of paid paternity leave, or

Sch 5 para 5C(8)(c)(ii)

a period of paid adoption leave.

Sch 5 para 5C(9)

This sub-paragraph applies if—

Sch 5 para 5C(9)(a)

the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom,

Sch 5 para 5C(9)(b)

the member is—

Sch 5 para 5C(9)(b)(i)

the person who has adopted or expects to adopt the child in question, or

Sch 5 para 5C(9)(b)(ii)

a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZZ5(1) of that Act (adoption cases not involving placement under the law of the United Kingdom), in relation to the child, and

Sch 5 para 5C(9)(c)

the member's absence from work is not absence during—

Sch 5 para 5C(9)(c)(i)

a period of paid paternity leave, or

Sch 5 para 5C(9)(c)(ii)

a period of paid adoption leave.

Sch 5 para 5C(10)

This sub-paragraph applies if—

Sch 5 para 5C(10)(a)

the member's absence from work is due to the birth of a child,

Sch 5 para 5C(10)(b)

the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in relation to the child, and

Sch 5 para 5C(10)(c)

the member's absence from work is not absence during—

Sch 5 para 5C(10)(c)(i)

a period of paid paternity leave, or

Sch 5 para 5C(10)(c)(ii)

a period of paid adoption leave.

Unfair parental bereavement leave provisions

Sch 5 para 5D
Sch 5 para 5D(1)

Where an employment-related benefit scheme includes any unfair parental bereavement leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 5D(1)(a)

the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 5D(1)(b)

subject to sub-paragraph (3), this Schedule is to apply accordingly.

Sch 5 para 5D(2)

In this paragraph “unfair parental bereavement leave provisions”, in relation to an employment-related benefit scheme, means any provision—

Sch 5 para 5D(2)(a)

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

Sch 5 para 5D(2)(b)

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

Sch 5 para 5D(3)

In the case of any unfair parental bereavement leave provision—but, in respect of any period of paid parental bereavement leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory parental bereavement pay actually paid to or for the member in respect of that period.

Sch 5 para 5D(3)(a)

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

Sch 5 para 5D(3)(b)

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

Sch 5 para 5D(4)

In this paragraph—“the normal employment requirement” is the requirement that any period of paid parental bereavement leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;“period of paid parental bereavement leave”, in the case of a member, means any period—throughout which a member who is a bereaved parent (within the meaning given by section 171ZZ6(3) of the Social Security Contributions and Benefits Act 1992) is absent from work due to the death of a child, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); and for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory parental bereavement pay.

Sch 5 para 5D(5)

The periods of leave referred to in paragraph (a) of the definition of “period of paid parental bereavement leave” are—

Sch 5 para 5D(5)(a)

a period of paid paternity leave (within the meaning of paragraph 5A),

Sch 5 para 5D(5)(b)

a period of maternity leave (within the meaning of the Equality Act 2010),

Sch 5 para 5D(5)(c)

a period of paid adoption leave (within the meaning of paragraph 5B), or

Sch 5 para 5D(5)(d)

a period of shared parental leave (within the meaning of paragraph 5C).

Unfair neonatal care leave provisions

Sch 5 para 5E
Sch 5 para 5E(1)

Where an employment-related benefit scheme includes any unfair neonatal care leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 5E(1)(a)

the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 5E(1)(b)

subject to sub-paragraph (3), this Schedule is to apply accordingly.

Sch 5 para 5E(2)

In this paragraph “unfair neonatal care leave provisions”, in relation to an employment-related benefit scheme, means any provision—

Sch 5 para 5E(2)(a)

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

Sch 5 para 5E(2)(b)

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

Sch 5 para 5E(3)

In the case of any unfair neonatal care leave provision—but, in respect of any period of paid neonatal care leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory neonatal care pay actually paid to or for the member in respect of that period.

Sch 5 para 5E(3)(a)

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

Sch 5 para 5E(3)(b)

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

Sch 5 para 5E(4)

In this paragraph—“the normal employment requirement” is the requirement that any period of paid neonatal care leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;“period of paid neonatal care leave”, in the case of a member, means any period—throughout which a member who (for the purposes of section 171ZZ16 of the Social Security Contributions and Benefits Act 1992) has a parental or other personal relationship with a child who is receiving, or has received, neonatal care is absent from work for that reason, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); and for which the employer (or if the member is no longer in that person’s employment, his former employer) pays the member any contractual remuneration or statutory neonatal care pay.

Sch 5 para 5E(5)

The periods of leave referred to in paragraph (a) of the definition of “period of paid neonatal care leave” are—

Sch 5 para 5E(5)(a)

a period of paid paternity leave (within the meaning of paragraph 5A),

Sch 5 para 5E(5)(b)

a period of maternity leave (within the meaning of the Equality Act 2010),

Sch 5 para 5E(5)(c)

a period of paid adoption leave (within the meaning of paragraph 5B),

Sch 5 para 5E(5)(d)

a period of shared parental leave (within the meaning of paragraph 5C), or

Sch 5 para 5E(5)(e)

a period of parental bereavement leave (within the meaning of paragraph 5D).

Unfair family leave provisions

Sch 5 para 6
Sch 5 para 6(1)

Where an employment-related benefit scheme includes any unfair family leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

Sch 5 para 6(1)(a)

the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

Sch 5 para 6(1)(b)

subject to sub-paragraph (3) below, this Schedule shall apply accordingly.

Sch 5 para 6(2)

In this Schedule “unfair family leave provisions” means any provision—

Sch 5 para 6(2)(a)

which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid family leave in the case of any member who is an employed earner and which treats such a member otherwise than in accordance with the normal leave requirement; or

Sch 5 para 6(2)(b)

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

Sch 5 para 6(3)

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

Sch 5 para 6(3)(a)

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

Sch 5 para 6(3)(b)

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

Sch 5 para 6(3)(c)

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

Sch 5 para 6(4)

In this paragraph—

Sch 5 para 6(4)(a)

“period of paid family leave” means any period—

Sch 5 para 6(4)(a)(i)

throughout which a member is absent from work for family reasons; and

Sch 5 para 6(4)(a)(ii)

for which the employer pays him any contractual remuneration;

Sch 5 para 6(4)(b)

“the normal leave requirement” is the requirement that any period of paid family leave shall be treated as if it were a period throughout which the member in question works normally but only receives the remuneration in fact paid to him for that period.

Meaning of “employment-related benefit scheme” etc.

Sch 5 para 7

In this Schedule—

Sch 5 para 7(a)

“employment-related benefit scheme” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employments so as to provide service-related benefits to or in respect of employed or self-employed earners—but does not include a limited scheme;

Sch 5 para 7(a)(i)

who have qualifying service in an employment of any such description or category, or

Sch 5 para 7(a)(ii)

who have made arrangements with the trustees or managers of the scheme to enable them to become members of the scheme,

Sch 5 para 7(b)

“limited scheme” means—

Sch 5 para 7(b)(i)

any personal scheme for employed earners to which the employer does not contribute;

Sch 5 para 7(b)(ii)

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

Sch 5 para 7(b)(iii)

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

Sch 5 para 7(c)

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

Sch 5 para 7(d)

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

Sch 5 para 7(e)

“service-related benefits” means benefits, in the form of pensions or otherwise, payable in money or money’s worth in respect of—and includes, in the case of a member who is an employed earner, any other benefit so payable to or in respect of the member in consequence of his employment.

Sch 5 para 7(e)(i)

termination of service;

Sch 5 para 7(e)(ii)

retirement, old age or death;

Sch 5 para 7(e)(iii)

interruptions of service by reason of sickness or invalidity;

Sch 5 para 7(e)(iv)

accidents, injuries or diseases connected with employment;

Sch 5 para 7(e)(v)

unemployment; or

Sch 5 para 7(e)(vi)

expenses incurred in connection with children or other dependants;

Extension of ban on compulsory membership

Sch 5 para 8

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

Jurisdiction

Sch 5 para 9
Sch 5 para 9(1)

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

Sch 5 para 9(1)(a)

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

Sch 5 para 9(1)(b)

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

Sch 5 para 9(2)

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

Sch 5 para 9(2)(a)

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

Sch 5 para 9(2)(b)

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

Sch 5 para 9(3)

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

Sch 5 para 9(3)(a)

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

Sch 5 para 9(3)(b)

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

Interpretation

Sch 5 para 10

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

Supplemental

Sch 5 para 11

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

Future repeal of actuarial provisions

Sch 5 para 12

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

Sch 5

Amendment of Enactments Relating to Employment

Equal Pay Act 1970 (c.41)

Sch 5 para 13

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

Sex Discrimination Act 1975 (c.65)

Sch 5 para 14

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

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

Sch 5 para 15

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

Sch 6

Occupational and Personal Pensions

Social Security Act 1973 (c.38)

Sch 6 para 1

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

Sch 6 para 2

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

Sch 6 para 3

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

Sch 6 para 4

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

Social Security Pensions Act 1975 (c. 60)

Sch 6 para 5

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

Sch 6 para 6

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

Sch 6 para 8

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Sch 6 para 9

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Sch 6 para 10

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Sch 6 para 11

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Sch 6 para 12

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Sch 6 para 13

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Sch 6 para 14

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Social Security (Miscellaneous Provisions) Act 1977 (c. 5)

Sch 6 para 15

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Social Security Act 1986 (c. 50)

Sch 6 para 16

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Sch 6 para 17

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Sch 6 para 18

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Sch 6 para 19

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Sch 6 para 20

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

Sch 6 para 21
Sch 6 para 21(1)

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

Sch 6 para 21(2)

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

Sch 6 para 21(3)

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

Sch 7

Pre-consolidation Amendments

Social Security Act 1973 (c. 38)

Sch 7 para 1

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Sch 7 para 2–13

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Sch 7 para 14

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Sch 7 para 15–20

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Sch 7 para 21

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Sch 7 para 22–26

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Sch 7 para 27

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Sch 7 para 28

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Sch 8

Minor and Consequential Amendments

Sch 8 para 1–7

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Sch 8 para 8
Sch 8 para 8(1)

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Sch 8 para 8(2)

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Sch 8 para 9

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Transitional and consequential provision in regulations

Sch 8 para 10
Sch 8 para 10(1)

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Sch 8 para 10(2)

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

Restriction on first up-rating of additional pension

Sch 8 para 11

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Consultations about subordinate legislation

Sch 8 para 12
Sch 8 para 12(1)

In section 61(2) of the Pensions Act—

Sch 8 para 12(1)(a)

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Sch 8 para 12(1)(b)

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Sch 8 para 12(1)(c)

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

Sch 8 para 12(2)

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Sch 8 para 12(3)

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Sch 8 para 12(4)

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Sch 8 para 12(5)

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Sch 8 para 12(6)

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Regulations relating to home responsibilities

Sch 8 para 13
Sch 8 para 13(1)

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

Sch 8 para 13(2)

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

Sch 8 para 13(2)(a)

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

Sch 8 para 13(2)(b)

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

Sch 8 para 14–18

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Joint citations

Sch 8 para 19

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

Sch 8 para 19(a)

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Sch 8 para 19(b)

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Sch 8 para 19(c)

section 4(5) of the Forfeiture Act 1982;

Sch 8 para 19(d)

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

Sch 8 para 19(e)

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

Sch 9

Repeals

Paragraph

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

Paragraph

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