Benefits
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The Social Security (Widow’s Benefit) Transitional Regulations 1987 shall have effect with the insertion in regulation 2, at the end of paragraph (b), of the words—
The amendment by subsection (4) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision.
The enactments specified in Schedule 1 to this Act shall have effect with the amendments specified in that Schedule.
Occupational and personal pensions etc.
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Energy efficiency in certain dwellings etc.
The Secretary of State may make or arrange for the making of grants—but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.
towards the cost of carrying out work for the purpose of—
improving the thermal insulation of dwellings, or
otherwise reducing or preventing the wastage of energy in dwellings (whether in connection with space or water heating, lighting, the use of domestic appliances or otherwise), and
where any such work is, or is to be, carried out, towards the cost of providing persons with advice on reducing or preventing the wastage of energy in dwellings;
The regulations may make provision with respect to—
the descriptions of dwelling and work in respect of which a grant under subsection (1)(a) above may be made;
the nature and extent of the advice with respect to the provision of which grants under subsection (1)(b) above may be made;
the descriptions of person from whom an application for a grant under subsection (1)(a) or (b) above may be entertained;
the persons to whom such an application is to be made;
the payment of such grants to persons other than the applicant;
the conditions on which such a grant may be made.
The regulations—
may specify or make provision for determining the amount or maximum amount of any grant under this section; and
may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down from time to time by a prescribed person) if it is to be eligible for a grant under subsection (1)(a) above.
Subsections (1) to (3) above shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.
The Secretary of State may delegate any of his functions in relation to grants under this section to such persons or bodies of persons as he may determine, and may pay to any person or body of persons to whom functions are so delegated, or upon whom functions are otherwise conferred under or by virtue of this section, such fees as may be agreed.
Without prejudice to the generality of the powers conferred by this section, the regulations may make provision for any of the following matters, that is to say—
for appointing for any particular area a person or body of persons (an “administering agency”) to perform in that area such functions as the Secretary of State may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down from time to time by a prescribed person), and register as the network installer for any particular locality within their area, a person or body of persons capable of carrying out, or arranging for the carrying out of, work in respect of which grants under subsection (1)(a) above may be made, to perform in that locality such functions as the Secretary of State or that agency may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
for the allocation by the Secretary of State to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this section in that period, and for the re-allocation of any sums so allocated;
for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this section which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.
The provision that may be made in regulations by virtue of subsection (6) above includes provision—
for the making of appointments, or the conferring of functions, under that subsection to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;
for terminating any appointment as an administering agency or any registration as a network installer;
for conferring upon network installers the exclusive right to apply for grants by virtue of subsection (4) above;
for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.
The power to make regulations under this section shall be exercisable by statutory instrument made with the consent of the Treasury; and any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
Regulations under this section—
may make different provision with respect to any labour involved, materials used or other items comprised in the carrying out of work; and
may make different provision for different cases and different areas.
In this section—“functions” means powers and duties and includes the exercise of a discretion with respect to any matter;“materials” includes space and water heating systems;“prescribed” means specified in, or determined in accordance with, regulations under this section.
Sections 252 and 253 of the Housing (Scotland) Act 1987 (grants for thermal insulation) shall cease to have effect.
Financial provisions
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In section 178 of the Finance Act 1989 (rates of interest) in subsection (2), after paragraph (g) there shall be inserted—.
There shall be paid out of money provided by Parliament—
any expenses incurred under this Act by a Minister of the Crown; and
any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
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 paragraphs 2 and 27 of Schedule 6 excluding any category of expenses or payments which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.
There shall be paid into the Consolidated Fund any increase by virtue of this Act in the sums so payable by virtue of any other Act.
General and supplementary provisions
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, other than section 15, to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.
A statutory instrument—shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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,
A power conferred by this Act to make any regulations or an order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
In this Act, unless the context otherwise requires—“the 1973 Act” means the Social Security Act 1973;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .“the Pensions Act” means the Social Security Pensions Act 1975;“prescribe”, except in section 15, means prescribe by regulations;“the principal Act” means the Social Security Act 1975;“regulations” means regulations made by the Secretary of State.
The enactments mentioned in Schedule 6 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).
The enactments mentioned in Schedule 7 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.
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.
such transitional provision,
such consequential provision, or
such savings,
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This Act may be cited as the Social Security Act 1990; and this Act, other than section 15, and the Social Security Acts 1975 to 1989 may be cited together as the Social Security Acts 1975 to 1990.
Apart from the provisions specified in subsection (3) below, this Act shall not come into force until such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.
The provisions referred to in subsection (2) above are the following—
Schedule 1;
the amendments in that Schedule to the extent that they are consequential on any provision specified in paragraphs (a) to (d) above (and section 21 so far as relating to any such amendments); and
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.
The following provisions of this Act extend to Northern Ireland, namely—and paragraph 5(4) of Schedule 1 extends to Northern Ireland only.
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. . . this section;
paragraph 5(1) and (3) of Schedule 1;
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Except as provided by this section, this Act does not extend to Northern Ireland.
Amendments Relating to the Recovery from Damages etc of Sums Equivalent to Benefit
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Interaction with the Northern Ireland scheme
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In section 33(6) of that Act (provisions extending to Northern Ireland) after the words “and this section” there shall be inserted the words “ and paragraph 20A of Schedule 4 ”.
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Law Reform (Personal Injuries) Act 1948 (c. 41)
In section 2(1) of the Law Reform (Personal Injuries) Act 1948 (half of certain benefits to be brought into account in assessing damages) for the word “him” there shall be substituted the words “ the injured person ”.
After Part IV of the Pensions Act there shall be inserted the following—
Protecting Pensions
Occupational pensions: independent trustee where employer insolvent etc
The following sections shall be inserted after the section 57B of the Pensions Act inserted by paragraph 11 below—
Employer to make good deficiencies on winding up
The following section shall be inserted into the Pensions Act after the section 58A inserted by section 11 of this Act—
Investment of scheme’s resources
After section 57 of the Pensions Act there shall be inserted the following section—
Revaluation of preserved pensions
For the definition of “qualifying pensionable service” in paragraph 2(3) of Schedule 1A to the Pensions Act (which precludes revaluation of accrued rights referable to service before 1st January 1985) there shall be substituted—
In paragraph 3 of that Schedule (average salary benefits) in sub-paragraph (5) (definition of “salaries”) for the words from “means” to “terminated” there shall be substituted the words “means, subject to sub-paragraph (5A) below, the member’s salaries for the period between the date when his pensionable service commenced and the date when it terminated”.
After that sub-paragraph there shall be inserted—.
Miscellaneous Amendments
Preservation of rights for persons opting out of schemes
In Schedule 16 to the 1973 Act, in sub-paragraph (1) of paragraph 6 (short service benefit where member’s service in relevant employment terminates before normal pension age etc) for the words “service in relevant employment” there shall be substituted the words “pensionable service”.
At the end of that paragraph there shall be added—
In paragraph 15(4) of that Schedule (commutation of widow’s, widower’s or dependant’s benefit by the beneficiary) for the words “by the beneficiary” there shall be substituted the words “of that benefit”.
In consequence of the amendment made by sub-paragraph (1) above—
in paragraph 2(b) of that Schedule (definition of “long service benefit”) after the words “remains in relevant employment” there shall be inserted the words “, and continues to render service which qualifies him for benefits,”;
in paragraph 17(1)(b) of that Schedule, for the words “relevant employment” there shall be substituted the words “pensionable service”;
in Schedule 1A to the Pensions Act (revaluation of pensions and transfer values)—
in paragraphs 1(1)(b), 2(2)(d) and 11(1)(b), sub-paragraph (ii) and the word “or” immediately preceding it shall cease to have effect;
in paragraphs 1(4) and 11(2), the words “ “relevant employment””shall be omitted; and
paragraph 12(1)(b) and the word “or” immediately preceding it shall cease to have effect.
Contracting-out conditions: age at which pension or annuity is to commence under a money purchase scheme
In section 32 of the Pensions Act, in subsection (2B) (modifications of Schedule 1 to the 1986 Act in its application for the purpose of determining whether a money purchase scheme can be contracted-out) after paragraph (d)(ii) there shall be inserted—.
The amendment made by sub-paragraph (1) above shall be taken to have come into force on 17th May 1990.
Contracting-out conditions: guaranteed minimum for married women and widows paying reduced rate contributions
In section 33 of the Pensions Act, in subsection (1A) (special conditions in the case of married women and widows paying reduced rate contributions) in paragraph (a) after the words “if she attains pensionable age” there shall be inserted the words “and does not have a guaranteed minimum under section 35 below”.
In section 35 of that Act, after subsection (2) (calculation of guaranteed minimum by reference to earnings factors derived from earnings on which primary Class 1 contributions have been paid) there shall be added—
If, immediately before the coming into force of this paragraph, there is in force in relation to an occupational pension scheme a contracting-out certificate under Part III of the Pensions Act then, to the extent that the rules of the scheme are inconsistent with any provision made by sub-paragraph (1) or (2) above, they shall be overridden by that provision.
Protection of earner’s and widow’s pensions
Sections 41A and 41B of the Pensions Act (protection of earner’s and widow’s pension) shall have effect, and be taken at all times on and after 21st July 1989 to have had effect, with the amendments made by sub-paragraphs (2) to (7) below, which are in substitution for the amendments made by paragraphs 6 and 7 of Schedule 6 to the 1989 Act; and those paragraphs shall be taken never to have come into force.
In section 41A of the Pensions Act, in subsection (1C) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the words
After subsection (2) of that section there shall be inserted—
In subsection (11) of that section (definitions) for the words “ “short service benefit” is” there shall be substituted the words “ “pensionable service” and “short service benefit” are ”.
In section 41B of the Pensions Act, in subsection (1A) (which defines the “relevant aggregate”) after paragraph (c) there shall be added the words
After subsection (3) of that section there shall be inserted—
After subsection (5) of that section, there shall be added—
In section 41A of that Act, in subsection (1), for the words “relevant date” there shall be substituted the words “commencement of payment date” and subsections (1A) and (1B) shall cease to have effect.
In consequence of this paragraph, regulation 2(1) and (2) of the Occupational Pension Schemes (Transitional Provisions and Savings) Regulations 1989 shall be deemed never to have been made.
If, before 21st July 1989, an earner ceased to be in contracted-out employment by reference to an occupational pension scheme other than a money purchase contracted-out scheme, sections 41A and 41B of the Pensions Act shall apply in relation to the earner and the earner’s widow or widower as if neither this paragraph nor paragraphs 6 and 7 of Schedule 6 to the 1989 Act had been enacted.
Expressions used in sub-paragraph (10) above and the Pensions Act have the same meaning in that sub-paragraph as they have in that Act.
Provisions for the suspension or forfeiture of pensions
In section 41C(3) of the Pensions Act—
in paragraph (a), sub-paragraph (ii) shall be omitted and for the word “or” immediately preceding it there shall be substituted the word “and”; and
in paragraph (d) (provisions about commutation of pensions to be included among the provisions which are not overridden by sections 41A and 41B of that Act) for the word “commutation” there shall be substituted the words “the commutation, suspension or forfeiture”.
After that paragraph there shall be inserted—
In paragraph 7(4) of Schedule 1A to the Pensions Act, in paragraph (a) (adaptations of section 41C(3) in its application for certain purposes to schemes which are not contracted-out) after sub-paragraph (iii) there shall be added—; and paragraph (b) (which made, in relation to schemes which are not contracted-out, similar provision to that made by sub-paragraph (2) above as modified by this sub-paragraph) shall be omitted.
The amendments made by sub-paragraph (1) above shall be deemed to have come into force on 1st November 1986 (the date on which certain amendments relating to commutation, suspension and forfeiture took, or are deemed to have taken, effect).
The insurance companies which may take transfer values
In section 52C of the Pensions Act (extinguishment of scheme’s liability for pensions appropriately secured by insurance policies or annuity contracts) in subsection (4) (meaning of “appropriately secured”) for paragraph (a) there shall be substituted—.
Grants by the Occupational Pensions Board to advisory bodies
The following section shall be inserted after the section 57A of the Pensions Act inserted by paragraph 3 above—
Levy towards meeting cost of the Pensions Ombudsman, the Registry and certain grants made by the Board
After section 60 of the Pensions Act there shall be inserted the following section—
Extension of certain pension scheme provisions to Northern Ireland.
In section 68(4) of the Pensions Act (provisions which extend to Northern Ireland) for the words “Section 57 of this Act extends” there shall be substituted the words “The following provisions of this Act, namely, sections 57, 59B, other than subsections (4) and (5)(b), and 59K(1), (2), other than paragraph (a)(ii), (3), (4) and (9) extend”.
Revaluation: extension of certain provisions to widowers
In section 9(4) of the 1986 Act, in paragraph (i) (which was inserted by paragraph 16(b) of Schedule 6 to the 1989 Act and which specifies certain provisions in Schedule 1A to the Pensions Act which are to be construed as if “widow” included “widower”) after the word “paragraphs” there shall be inserted “2(2)(e),”.
Overriding effect of certain 1989 Act amendments
In paragraph 20 of Schedule 6 to the 1989 Act (amendments relating to the manner of giving effect to protected rights) after sub-paragraph (3) there shall be added—
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Minor and Consequential Amendments
Orders increasing contributions
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Contributions of registered dock workers
In section 4(7) of the principal Act (reduced contributions for certain persons) the reference to section 145 of the Employment Protection (Consolidation) Act 1978 (which related to registered dock workers and which was repealed by the Dock Work Act 1989 as from 3rd July 1989) shall be omitted.
Notwithstanding the repeal of section 145 of the said Act of 1978 or of the reference to it in section 4(7) of the principal Act, regulation 133 of the Contributions Regulations (reduced rate of contributions for registered dock workers) shall continue to have effect, and be taken to have continued to have had effect at all times on and after 3rd July 1989, in relation to earnings paid or treated as paid before 6th April 1988 as it had effect by virtue of regulation 4 of the 1988 Regulations (which continues in force accordingly).
Nothing in this paragraph shall be taken to have prejudiced any power to amend or revoke the regulations to which it refers.
In this paragraph—“the Contributions Regulations” means the Social Security (Contributions) Regulations 1979; and“the 1988 Regulations” means the Social Security (Contributions) Amendment Regulations 1988.
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Regulations relating to industrial injuries and diseases
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Regulations 6(2)(c), 25 and 36 of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (onset of occupational deafness and time for claiming in respect of occupational deafness or occupational asthma), and any former regulations which they directly or indirectly re-enact with or without amendment, shall be taken to be, and always to have been, validly made.
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Parliamentary control of regulations and orders
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In section 62 of the Pensions Act, for subsections (1) and (2) there shall be substituted—.
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In section 24(5) of the Social Security (Miscellaneous Provisions) Act 1977 for the words “containing regulations” there shall be substituted—.
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In section 7 of that Act, for subsection (4) there shall be substituted—
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In section 83 of the 1986 Act, for subsection (4) there shall be substituted—
After section 15 of the Social Security Act 1988 there shall be inserted the following section—
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In section 29 of the 1989 Act, for subsection (3) there shall be substituted—; and, in consequence, subsection (4) shall cease to have effect.
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Re-establishment courses and resettlement units
In Schedule 5 to the Supplementary Benefits Act 1976, paragraph 1 (power to provide re-establishment courses and facilities for persons attending them) shall cease to have effect.
For paragraph 4 of that Schedule (power of Secretary of State to make contributions to voluntary organisations which provide re-establishment courses or resettlement units) there shall be substituted—
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Benefits for women widowed before 11th April 1988
The Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 shall have effect, and be taken always to have had effect, with the substitution for regulations 3 and 4 (transitional provisions about widowed mother’s allowance where the husband died before 11th April 1988, which were retrospectively amended by section 6(2) of the 1989 Act, and savings) of the following—
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Where, in consequence of 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), 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.
is not entitled to a benefit under section 25 or 26 of the principal Act, or
is entitled to such a benefit at a particular rate,
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.
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
the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,
Section 28 of the Social Security Administration Act 1992 (appeals from reviews) shall apply in relation to a review under this paragraph as it applies in relation to a review under that section.
In this paragraph “adjudicating authority” means—
an adjudication officer;
a social security appeal tribunal;
a Commissioner, as defined in Schedule 20 to the principal Act.
The amendment by sub-paragraph (1) above of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.
Nothing in this paragraph shall be taken to prejudice section 16 or 17 of the Interpretation Act 1978 (effect of repeals, substitutions etc).
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Employment related schemes for pensions or other benefits: equal treatment for men and women
In Schedule 5 to that Act, in paragraph 5 (unfair maternity provisions) in sub-paragraph (2)(a), after the word “women” there shall be inserted the word “ members ”.
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Joint citations
In the following enactments, for the words “the Social Security Acts 1975 to 1989” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1990”—
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section 4(5) of the Forfeiture Act 1982;
section 5(1)(a) of the Social Security Act 1985;
paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.
Repeals