UKPGA-1992-6 Social Security (Consequential Provisions) Act 1992 UK

Current to 2017-09-28

Contents
preamble

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

s. 1 — Meaning of “the consolidating Acts”.

In this Act—“the consolidating Acts” means the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and“the repealed enactments” means the enactments repealed by this Act.

s. 2 — Continuity of the law.
s. 2(1)

The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

s. 2(2)

Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

s. 2(3)

Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

s. 2(4)

Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

s. 3 — Repeals.
s. 3(1)

The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule.

s. 3(2)

Those repeals include, in addition to repeals consequential on the consolidation of provisions in the consolidating Acts, repeals in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of section 30(6)(b) of the Social Security Act 1975, paragraphs 2 to 8 of Schedule 9 to that Act, paragraph 2(1) of Schedule 10 to that Act and section 10 of the Social Security Act 1988.

s. 3(3)

The repeals have effect subject to any relevant savings in Schedule 3 to this Act.

s. 4 — Consequential amendments.

The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).

s. 5 — Transitional provisions and savings.
s. 5(1)

The transitional provisions and savings in Schedule 3 to this Act shall have effect.

s. 5(2)

Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

s. 6 — Transitory modifications.

The transitory modifications in Schedule 4 to this Act shall have effect.

s. 7 — Short title, commencement and extent.
s. 7(1)

This Act may be cited as the Social Security (Consequential Provisions) Act 1992.

s. 7(2)

This Act shall come into force on 1st July 1992.

s. 7(3)

Section 2 above and this section extend to Northern Ireland.

s. 7(4)

Subject to subsection (5) below, 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. 7(5)

The repeals—do not extend to Northern Ireland.

s. 7(5)(a)

of provisions of sections 10, 13 and 14 of the Social Security Act 1980 and Part II of Schedule 3 to that Act;

s. 7(5)(b)

of enactments amending those provisions;

s. 7(5)(c)

of paragraph 2 of Schedule 1 to the Capital Allowances Act 1990; and

s. 7(5)(d)

of section 17(8) and (9) of the Social Security Act 1990,

s. 7(6)

Section 6 above and Schedule 4 to this Act extend to Northern Ireland in so far as they give effect to transitory modifications of provisions of the consolidating Acts which so extend.

s. 7(7)

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

s. 7(8)

Section 4 above extends to the Isle of Man so far as it relates to paragraphs 53 and 54 of Schedule 2 to this Act.

Sch 1

Repeals

Sch 2

Consequential amendments

National Assistance Act 1948

Sch 2 para 1

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Law Reform (Personal Injuries) Act 1948

Sch 2 para 2

In section 2 of the Law Reform (Personal Injuries) Act 1948 (measure of damages)—

Sch 2 para 2(a)

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

Sch 2 para 2(b)

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

Maintenance Orders Act 1950

Sch 2 para 3
Sch 2 para 3(1)

In the following provisions of the Maintenance Orders Act 1950 (jurisdiction of and enforcement by courts)—for the words “section 24 of the Social Security Act 1986”, in each place where they occur, there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 ”.

Sch 2 para 3(1)(a)

section 4(1)(d);

Sch 2 para 3(1)(b)

section 9(1)(d);

Sch 2 para 3(1)(c)

section 12(1)(d);

Sch 2 para 3(1)(d)

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

Sch 2 para 3(1)(e)

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

Sch 2 para 3(1)(f)

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

Sch 2 para 3(2)

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

Agriculture Act 1967

Sch 2 para 4

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Public Expenditure and Receipts Act 1968

Sch 2 para 5

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

Administration of Justice Act 1970Attachment of Earnings Act 1971

Sch 2 para 6

In paragraph 3A of Schedule 4 to the Administration of Justice Act 1970 and paragraph 3A of Schedule 2 to the Attachment of Earnings Act 1971 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.

Sch 2 para 7

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

Tribunals and Inquiries Act 1971

Sch 2 para 8

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Sch 2 para 9

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Employment and Training Act 1973

Sch 2 para 10

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

Sch 2 para 11

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

Social Security (Northern Ireland) Act 1975

Sch 2 para 12

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Sch 2 para 13

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Sch 2 para 14

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Social Security (Consequential Provisions) Act 1975

Sch 2 para 15

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

House of Commons Disqualification Act 1975

Sch 2 para 16

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

Sch 2 para 17

In Part III (other disqualifying offices)—

Sch 2 para 17(a)

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

Sch 2 para 17(b)

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

Northern Ireland Assembly Disqualification Act 1975

Sch 2 para 18

In Part I (judicial offices disqualifying for membership) of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 for the entry beginning “Chief or other Social Security Commissioner” there shall be substituted the following entry—“ Chief or other Social Security Commissioner (not including a deputy Commissioner) ”.

Social Security Pensions Act 1975

Sch 2 para 19

The Social Security Pensions Act 1975 shall be amended as follows.

Sch 2 para 20

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Sch 2 para 21

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Sch 2 para 22

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Sch 2 para 23

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Sch 2 para 24

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Sch 2 para 25

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Sch 2 para 26

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Sch 2 para 27

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Sch 2 para 28

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Sch 2 para 29

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Sch 2 para 30

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Sch 2 para 31

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Sch 2 para 32

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Sch 2 para 33

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Sch 2 para 34

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

Sch 2 para 35

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Sch 2 para 36

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Sch 2 para 37

The following sections shall be inserted after section 61—.

Sch 2 para 38

The following subsection shall be substituted for section 62(2)—.

Sch 2 para 39

In section 64(2)—

Sch 2 para 39(a)

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

Sch 2 para 39(b)

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

Sch 2 para 40

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Sch 2 para 41

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Sch 2 para 42

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Employment Protection Act 1975

Sch 2 para 43

In section 124(6) of the Employment Protection Act 1975 (financial provisions)—

Sch 2 para 43(a)

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

Sch 2 para 43(b)

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

Social Security (Miscellaneous Provisions) Act 1977

Sch 2 para 44

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Sch 2 para 45

In section 23(2) of that Act (financial provisions)—

Sch 2 para 45(a)

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

Sch 2 para 45(b)

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

Sch 2 para 46

In section 24(3) of that Act (supplemental)—

Sch 2 para 46(a)

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

Sch 2 para 46(b)

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

Sch 2 para 46(c)

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

Rent Act 1977

Sch 2 para 47

The following section shall be inserted after section 72 of the Rent Act 1977—.

Rating (Disabled Persons) Act 1978

Sch 2 para 48

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

Employment Protection (Consolidation) Act 1978

Sch 2 para 49

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Sch 2 para 50

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Sch 2 para 51

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Capital Gains Tax Act 1979

Sch 2 para 52

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

Sch 2 para 52(a)

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

Sch 2 para 52(b)

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

Vaccine Damage Payments Act 1979

Sch 2 para 53

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

Sch 2 para 54

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

Pneumoconiosis etc. (Workers’ Compensation) Act 1979

Sch 2 para 55
Sch 2 para 55(1)

In subsection (3) of section 2 of the Pneumoconiosis etc. (Workers’ Compensation) Act 1979 (conditions of entitlement), in the definition of “death benefit”—

Sch 2 para 55(1)(a)

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

Sch 2 para 55(1)(b)

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

Sch 2 para 55(2)

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

Sch 2 para 55(2)(a)

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

Sch 2 para 55(2)(b)

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

Sch 2 para 56

In section 4(3) of that Act (appeal on question of law)—

Sch 2 para 56(a)

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

Sch 2 para 56(b)

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

Sch 2 para 57

In section 10(2) of that Act (construction)—

Sch 2 para 57(a)

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

Sch 2 para 57(b)

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

Justices of the Peace Act 1979

Sch 2 para 58

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

Social Security Act 1980

Sch 2 para 59

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

Magistrates’ Courts Act 1980

Sch 2 para 60

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Local Government, Planning and Land Act 1980

Sch 2 para 61

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

Civil Jurisdiction and Judgments Act 1982

Sch 2 para 62

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

Forfeiture Act 1982

Sch 2 para 63
Sch 2 para 63(1)

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Sch 2 para 63(2)

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Sch 2 para 63(3)

In subsection (5) of that section—

Sch 2 para 63(3)(a)

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Sch 2 para 63(3)(b)

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

Transport Act 1982

Sch 2 para 64

In section 70(2)(a) of the Transport Act 1982 (payments in respect of applications for exemption from wearing seat belts)—

Sch 2 para 64(a)

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

Sch 2 para 64(b)

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

Sch 2 para 64(c)

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

Value Added Tax Act 1983

Sch 2 para 65

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

Inheritance Tax Act 1984

Sch 2 para 66
Sch 2 para 66(1)

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

Sch 2 para 66(2)

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

Social Security Act 1985

Sch 2 para 67

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Sch 2 para 68

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

Bankruptcy (Scotland) Act 1985

Sch 2 para 69

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Housing Act 1985

Sch 2 para 70

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

Sch 2 para 71

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

Sch 2 para 72

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

Insolvency Act 1986

Sch 2 para 73

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Wages Act 1986

Sch 2 para 74

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Social Security Act 1986

Sch 2 para 75

The Social Security Act 1986 shall be amended as follows.

Sch 2 para 76

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Sch 2 para 77

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Sch 2 para 78

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Sch 2 para 79

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Sch 2 para 80

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Sch 2 para 81

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Sch 2 para 82

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Sch 2 para 83

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Sch 2 para 84

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

Abolition of Domestic Rates Etc. (Scotland) Act 1987

Sch 2 para 85

The Abolition of Domestic Rates Etc. (Scotland) Act 1987 shall be amended as follows.

Sch 2 para 86

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

Sch 2 para 87

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

Sch 2 para 88

In paragraph 4(2) of Schedule 1A (exemption of the severely mentally impaired from personal community charge)—; and.

Sch 2 para 88(a)

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

Sch 2 para 88(b)

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

Sch 2 para 89

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

Sch 2 para 90

In paragraph 4 of Schedule 2 (payment of community charges)—

Sch 2 para 90(a)

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

Sch 2 para 90(b)

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

Sch 2 para 91

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

Sch 2 para 92

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

Income and Corporation Taxes Act 1988

Sch 2 para 93

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Social Security Act 1988

Sch 2 para 94

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

Sch 2 para 95

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

Sch 2 para 96

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

Sch 2 para 97

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Local Government Finance Act 1988

Sch 2 para 98

The following paragraph shall be substituted for sub-paragraph (2) of paragraph 4 (exemption of the severely mentally impaired from personal community charge) of Schedule 1 to the Local Government Finance Act 1988—.

Sch 2 para 99

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

Sch 2 para 100

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

Sch 2 para 101

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

Housing (Scotland) Act 1988

Sch 2 para 102

The following section shall be inserted after section 48 of the Housing (Scotland) Act 1988—.

Housing Act 1988

Sch 2 para 103

The following section shall be inserted after section 41 of the Housing Act 1988—.

Sch 2 para 104

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Social Security Act 1989

Sch 2 para 105
Sch 2 para 105(1)

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

Sch 2 para 105(2)

In subsection (9) of that section—

Sch 2 para 105(2)(a)

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

Sch 2 para 105(2)(b)

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

Sch 2 para 106

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

Finance Act 1989

Sch 2 para 107

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

Children Act 1989

Sch 2 para 108

In the following provisions of the Children Act 1989—for the words “Social Security Act 1986” there shall be substituted the words “ Part VII of the Social Security Contributions and Benefits Act 1992 ”.

Sch 2 para 108(a)

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

Sch 2 para 108(b)

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

Sch 2 para 108(c)

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

Capital Allowances Act 1990

Sch 2 para 109

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

Social Security Act 1990

Sch 2 para 110

In section 18(2) of the Social Security Act 1990 (general financial provisions) for the words from “sections 4” to “26” there shall be substituted the words “ paragraphs 2 ”.

Sch 2 para 111

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

Sch 2 para 112
Sch 2 para 112(1)

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

Sch 2 para 112(2)

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

Child Support Act 1991

Sch 2 para 113

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

Sch 2 para 114

In section 54 of that Act (interpretation)—

Sch 2 para 114(a)

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

Sch 2 para 114(b)

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

Sch 3

Transitional provisions and savings (including some transitional provisions retained from previous Acts)

Sch 3

General and miscellaneous

Questions relating to contributions and benefits

Sch 3 para 1
Sch 3 para 1(1)

A question other than a question arising under any of sections 1 to 3 of the Administration Act—and any other question not arising under any of those sections with respect to benefit or contributions in respect of such a time is to be determined, subject to section 68 of the Administration Act, in accordance with provisions in force or deemed to be in force at that time.

Sch 3 para 1(1)(a)

whether a person is entitled to benefit in respect of a time before 1st July 1992;

Sch 3 para 1(1)(b)

whether a person is liable to pay contributions in respect of such a time,

Sch 3 para 1(2)

Subject to sub-paragraph (1) above, the consolidating Acts apply to matters arising before their commencement as to matters arising after it.

General saving for old savings

Sch 3 para 2

The repeal by this Act of an enactment previously repealed subject to savings (whether or not in the repealing enactment) does not affect the continued operation of those savings.

Documents referring to repealed enactments

Sch 3 para 3

Any document made, served or issued after this Act comes into force which contains a reference to any of the repealed enactments shall be construed, except so far as a contrary intention appears, as referring or, as the context may require, including a reference to the corresponding provision of the consolidating Acts.

Provisions relating to the coming into force of other provisions

Sch 3 para 4

The repeal by this Act of a provision providing for or relating to the coming into force of a provision reproduced in the consolidating Acts does not affect the operation of the first provision, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

Continuing powers to make transitional etc. regulations

Sch 3 para 5

Where immediately before 1st July 1992 the Secretary of State has power under any provision of the Social Security Acts 1975 to 1991 not reproduced in the consolidating Acts by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision repealed by this Act but reproduced in the consolidating Acts, the power shall be construed as having effect in relation to the provision reproducing the repealed provision.

Powers to make preparatory regulations

Sch 3 para 6

The repeal by this Act of a power by regulations to make provision or savings in preparation for or in connection with the coming into force of a provision reproduced in the consolidating Acts does not affect the power, in so far as it remains capable of having effect, in relation to the enactment reproducing the second provision.

Provisions contained in enactments by virtue of orders or regulations

Sch 3 para 7
Sch 3 para 7(1)

Without prejudice to any express provision in the consolidating Acts, where this Act repeals any provision contained in any enactment by virtue of any order or regulations and the provision is reproduced in the consolidating Acts, the Secretary of State shall have the like power to make orders or regulations repealing or amending the provision of the consolidating Acts which reproduces the effect of the repealed provision as he had in relation to that provision.

Sch 3 para 7(2)

Sub-paragraph (1) above applies to a repealed provision which was amended by Schedule 7 to the Social Security Act 1989 as it applies to a provision not so amended.

Amending orders made after passing of Act

Sch 3 para 8

An order which is made under any of the repealed enactments after the passing of this Act and which amends any of the repealed enactments shall have the effect also of making a corresponding amendment of the consolidating Acts.

Sch 3

Specific transitional provisions and savings (including some derived from previous Acts)

Interpretation

Sch 3 para 9

In this Part of this Schedule -“the 1965 Act” means the National Insurance Act 1965;“the 1973 Act” means the Social Security Act 1973;“the 1975 Act” means the Social Security Act 1975;“the former Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1975; and“the 1986 Act” means the Social Security Act 1986.

Social Security Pensions Act 1975

Sch 3 para 10

The repeal by this Act of any provision contained in the 1975 Act or any enactment amending such a provision does not affect the operation of that provision by virtue of section 66(2) of the Social Security Pensions Act 1975.

Additional pensions

Sch 3 para 11

The repeal by this Act of section 18(1) of the 1986 Act (which substituted in any enactment or instrument made under an enactment a reference to a basic pension for any reference to the basic component of a long-term benefit and a reference to an additional pension for any reference to an additional component of such a benefit) does not affect the construction of any enactment or instrument amended by that subsection.

Supersession of National Insurance Acts - provisions derived from Schedule 3 to former Consequential Provisions Act

Sch 3 para 12

Regulations may provide that, in relation to—the Contributions and Benefits Act and the Administration Act (so far as they represent provisions of the 1973 Act) shall have effect subject to such modifications as may be prescribed with a view to securing continuity of the law.

Sch 3 para 12(a)

persons who ceased by virtue of paragraph 2 of Schedule 3 to the former Consequential Provisions Act to be insured under the 1965 Act,

Sch 3 para 12(b)

persons to or in respect of whom benefit under that Act was, or but for a disqualification or forfeiture would have been, payable immediately before 6th April 1975, and

Sch 3 para 12(c)

persons who had a prospective right to, or expectation of, any benefit under that Act immediately before that day,

Sch 3 para 13

Without prejudice to the generality of the powers conferred by paragraph 12 above, regulations under that paragraph may in particular provide for the taking into account, for such purposes and in such manner and subject to such conditions as may be prescribed, of contributions paid or credited or deemed to be, or treated as, paid or credited under the 1965 Act or the National Insurance Act 1946 or any enactment repealed by that Act.

Sch 3 para 14

Regulations may provide that the Contributions and Benefits Act and the Administration Act (so far as they represent the 1973 Act) and this Part of this Schedule (except this paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 16 before 6th April 1975 and who, immediately before that day, were not insured under the 1965 Act.

Sch 3 para 15

Notwithstanding any repeal effected by the 1973 Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the 1965 Act or any other enactments specified in the third column of Schedule 28 to the 1973 Act (repeals) as the Secretary of State considers appropriate for the purpose of preserving rights to benefit under that Act or those enactments in those cases (if any) in which in his opinion adequate alternative rights to benefit under the Contributions and Benefits Act are not conferred in pursuance of paragraph 12 above, or for temporarily retaining the effect of those provisions for transitional purposes.

Sch 3 para 16

In the foregoing provisions of this Part of this Schedule, any reference to benefit under the 1965 Act includes a reference to such other benefit, pension or allowance as is mentioned in paragraph 17(2)(b) of Schedule 11 to that Act (pre-1948 beneficiaries).

Sch 3 para 17
Sch 3 para 17(1)

Any instrument (except regulations, an Order in Council or another order) and any appointment which is in force immediately before 1st July 1992 and was made or has effect as if made under an enactment repealed by the 1973 Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of the Contributions and Benefits Act or the Administration Act representing a provision in the 1973 Act, be deemed to be so made except to the extent that regulations otherwise provide.

Sch 3 para 17(2)

A reference in any document to an enactment repealed and re-enacted by the 1973 Act with or without modifications shall, in so far as the context permits, be construed as a reference to the Contributions and Benefits Act or, as the case may be, the Administration Act or to the corresponding enactment therein.

Housing benefit - provisions derived from paragraph 18 of Schedule 3 to former Consequential Provisions Act and section 30(11) of 1986 Act

Sch 3 para 17A

In determining a woman’s right—for any period after 25th February 1962, or her right on her re-marriage after that date to a gratuity under section 67 of the 1975 Act, her cohabitation with a man at any time after the deceased’s death but before that date shall be disregarded; but a right to benefit arising by virtue of this paragraph shall not, under Schedule 9 to that Act or Schedule 7 to the Contributions and Benefits Act, affect the right of any other persons to benefit awarded before that date.

Sch 3 para 17A(a)

to a pension or allowance in respect of a deceased person under section 67, 68, 71, 72 or 73 of the 1975 Act; or

Sch 3 para 17A(b)

to a pension in respect of a deceased person under paragraph 15 or 16 of Schedule 7 to the Contributions and Benefits Act,

Sch 3 para 18
Sch 3 para 18(1)

The Secretary of State may by order make provision for the modification or termination of rights to subsidy under Part II of the Social Security and Housing Benefits Act 1982 in respect of benefit paid in excess of entitlement.

Sch 3 para 18(2)

Any expenses of the Secretary of State under this paragraph shall be paid out of money provided by Parliament.

Sch 3 para 18(3)

The power conferred by this paragraph includes power to make different provision for different areas.

Industrial injuries - provision derived from paragraph 12 of Schedule 3 to 1986 Act

Sch 3 para 19
Sch 3 para 19(1)

The Secretary of State may by regulations provide for the payment of prescribed amounts in prescribed circumstances to persons who immediately before the repeal of sections 71 to 73 of the 1975 Act were entitled to any benefit by virtue of any of those sections, but in determining the amount which is to be payable in any case or class of cases the Secretary of State may take into account—

Sch 3 para 19(1)(a)

the extent to which the weekly rate of industrial death benefit has been modified in that case or class of cases by virtue of section 74;

Sch 3 para 19(1)(b)

the age of the beneficiary and of any person or persons formerly maintained by the deceased; and

Sch 3 para 19(1)(c)

the length of time that entitlement to the benefit would have been likely to continue if those sections had not been repealed.

Sch 3 para 19(2)

In this paragraph “prescribed” means specified in or determined in accordance with regulations.

Sch 3 para 19(3)

Any expenses of the Secretary of State under this paragraph shall be paid out of money provided by Parliament.

Attendance allowance - provision derived from section 1 of Social Security Act 1988.

Sch 3 para 20

For the purposes—section 64 of the Contributions and Benefits Act shall have effect as if the following subsection were substituted for subsection (3)—

Sch 3 para 20(a)

of any determination following a claim made before 15th March 1988 (the date of the passing of the Social Security Act 1988);

Sch 3 para 20(b)

of any review following an application made before that date; and

Sch 3 para 20(c)

of any review following a decision to conduct a review made before that date,

Supplementary benefit and former housing-related benefits - provision derived from section 16 of Social Security Act 1989

Sch 3 para 21
Sch 3 para 21(1)

Any expenses of the Secretary of State in making payments to persons falling within sub-paragraph (2) or (3) below may be paid out of money provided by Parliament.

Sch 3 para 21(2)

A person falls within this sub-paragraph if—

Sch 3 para 21(2)(a)

he was entitled to supplementary benefit immediately before 11th April 1988, but

Sch 3 para 21(2)(b)

he did not become entitled to income support in respect of the week beginning with that day.

Sch 3 para 21(3)

A person falls within this sub-paragraph if he was entitled to any one or more of the former housing-related benefits in respect of a qualifying week but either—

Sch 3 para 21(3)(a)

he did not become entitled to housing benefit under Part II of the 1986 Act in respect of the commencement week, or

Sch 3 para 21(3)(b)

the amount of any such housing benefit to which he became entitled in respect of that week was less than the amount of the former housing-related benefits to which he had been entitled in respect of the qualifying week.

Sch 3 para 21(4)

In this paragraph—“commencement day” means the day on which the new provisions came into force in the case of the person in question (1st or 4th April 1988, according to the circumstances);“commencement week”, in relation to any person, means the week beginning with the commencement day in his case;“the former housing-related benefits” means—rent rebates, rate rebates and rent allowances, within the meaning of Part II of the Social Security and Housing Benefits Act 1982; and housing benefit supplement;“the new provisions” means the following provisions of Part II of the 1986 Act, so far as relating to housing benefit, that is to say, sections 20 to 22, 28 and 29;“qualifying week”, in relation to any person, means any week beginning on or after 21st March 1988 and ending before the commencement day in his case;“week” means a period of 7 days.

Sch 3 para 21(5)

For the purposes of this paragraph—

Sch 3 para 21(5)(a)

a person shall be regarded as having been entitled to housing benefit supplement in respect of a week if an amount was applicable in respect of him under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983 in respect of that week; and

Sch 3 para 21(5)(b)

the amount of housing benefit supplement to which he was entitled in respect of that week shall be taken to be an amount equal to the amount so applicable.

Substitution of disability living allowance for attendance allowance and mobility allowance and dissolution of Attendance Allowance Board - provision derived from section 5 of Disability Living Allowance and Disability Working Allowance Act 1991

Sch 3 para 22
Sch 3 para 22(1)

The Secretary of State may make such regulations as appear to him necessary or expedient in relation to the substitution of disability living allowance for attendance allowance and mobility allowance and the dissolution of the Attendance Allowance Board.

Sch 3 para 22(2)

Without prejudice to the generality of this paragraph, regulations under this paragraph —

Sch 3 para 22(2)(a)

may provide for the termination or cancellation of awards of attendance allowance and awards of mobility allowance;

Sch 3 para 22(2)(b)

may direct that a person whose award of either allowance has been terminated or cancelled by virtue of the regulations or who is a child of such a person shall by virtue of the regulations be treated as having been awarded one or more disability living allowances;

Sch 3 para 22(2)(c)

may direct that a disability living allowance so treated as having been awarded shall consist of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded either component at such weekly rate and for such period as the regulations may specify;

Sch 3 para 22(2)(d)

may provide for the termination in specified circumstances of an award of disability living allowance;

Sch 3 para 22(2)(e)

may direct that in specified circumstances a person whose award of disability living allowance has been terminated by virtue of the regulations shall by virtue of the regulations be treated as having been granted a further award of a disability living allowance consisting of such component as the regulations may specify or, if the regulations so specify, of both components, and as having been awarded on the further award either component at such weekly rate and for such period as the regulations may specify;

Sch 3 para 22(2)(f)

may provide for the review of awards made by virtue of paragraph (b) or (e) above and for the treatment of claims for disability living allowance in respect of beneficiaries with such awards;

Sch 3 para 22(2)(g)

may direct that for specified purposes certificates issued by the Attendance Allowance Board shall be treated as evidence of such matters as may be specified in the regulations;

Sch 3 para 22(2)(h)

may direct that for specified purposes the replacement of attendance allowance and mobility allowance by disability living allowance shall be disregarded;

Sch 3 para 22(2)(i)

may direct that a claim for attendance allowance or mobility allowance shall be treated in specified circumstances and for specified purposes as a claim for disability living allowance or that a claim for disability living allowance shall be treated in specified circumstances and for specified purposes as a claim for attendance allowance or mobility allowance or both;

Sch 3 para 22(2)(j)

may direct that in specified circumstances and for specified purposes a claim for a disability living allowance shall be treated as having been made when no such claim was in fact made;

Sch 3 para 22(2)(k)

may direct that in specified circumstances a claim for attendance allowance, mobility allowance or disability living allowance shall be treated as not having been made;

Sch 3 para 22(2)(l)

may direct that in specified circumstances where a person claims attendance allowance or mobility allowance or both, and also claims disability living allowance, his claims may be treated as a single claim for such allowances for such periods as the regulations may specify;

Sch 3 para 22(2)(m)

may direct that cases relating to mobility allowance shall be subject to adjudication in accordance with the provisions of Part II of the Administration Act relating to disability living allowance; and

Sch 3 para 22(2)(n)

may direct that, at a time before the Attendance Allowance Board is dissolved, in specified circumstances cases relating to attendance allowance shall be subject to adjudication under the system of adjudication for such cases introduced by the Disability Living Allowance and Disability Working Allowance Act 1991.

Sch 3 para 22(3)

Regulations under this paragraph may provide that any provision to which this sub-paragraph applies—

Sch 3 para 22(3)(a)

shall have effect subject to modifications, additions or amendments; or

Sch 3 para 22(3)(b)

shall not have effect.

Sch 3 para 22(4)

Sub-paragraph (3) above applies—

Sch 3 para 22(4)(a)

to any provision of the 1975 Act which relates to mobility allowance, so far as it so relates;

Sch 3 para 22(4)(b)

to any provision of Part VI of the 1986 Act which is relevant to mobility allowance;

Sch 3 para 22(4)(c)

to any provision of the Contributions and Benefits Act which relates to disability living allowance or attendance allowance, so far as it so relates; and

Sch 3 para 22(4)(d)

to any provision of the Administration Act which is relevant to disability living allowance or attendance allowance.

Regulations and orders - supplementary

Sch 3 para 23
Sch 3 para 23(1)

Regulations under this Part of this Schedule shall be made by the Secretary of State.

Sch 3 para 23(2)

Powers under this Part of this Schedule to make regulations or orders are exercisable by statutory instrument.

Sch 3 para 23(3)

Any power conferred by this Part of this Schedule to make regulations or orders may be exercised—

Sch 3 para 23(3)(a)

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

Sch 3 para 23(3)(b)

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

Sch 3 para 23(3)(b)(i)

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

Sch 3 para 23(3)(b)(ii)

the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Part of this Schedule;

Sch 3 para 23(3)(b)(iii)

any such provision either unconditionally or subject to any specified condition.

Sch 3 para 23(4)

The powers to make regulations or orders conferred by any provision of this Part of this Schedule other than paragraph 22 above include powers to make thereby such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be expedient for the purposes of the regulations.

Sch 3 para 23(5)

A power conferred by this Part of this Schedule to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

Sch 3 para 23(6)

If the Treasury so direct, regulations or orders under this Part of this Schedule shall be made only in conjunction with them.

Sch 3 para 23(7)

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

Sch 3 para 23(7)(a)

which contains (whether alone or with other provisions) orders or regulations made under this Part of this Schedule, and

Sch 3 para 23(7)(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,

Sch 4

Transitory modifications

Sch 4

Provisions not yet in force

Introductory

Sch 4 para 1
Sch 4 para 1(1)

If—then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.

Sch 4 para 1(1)(a)

no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before 1st July 1992; or

Sch 4 para 1(1)(b)

a date has been appointed which is later than 1st July 1992,

Sch 4 para 1(2)

If—then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the relevant appointed day.

Sch 4 para 1(2)(a)

a date has been appointed as the date on which a provision mentioned in column 1 of the Table in sub-paragraph (1) is to come into force for some purposes of that provision but not for others; and

Sch 4 para 1(2)(b)

that date is on or before 1st July 1992,

Sch 4 para 1(3)

In this paragraph “the appointed day” means—

Sch 4 para 1(3)(a)

in the case mentioned in paragraph (a) of sub-paragraph (1) above, such day as may be appointed by the Secretary of State by order made by statutory instrument; and

Sch 4 para 1(3)(b)

in the case mentioned in paragraph (b) of that sub-paragraph, the day appointed as the day on which the provision mentioned in column 1 of the Table is to come into force.

Sch 4 para 1(4)

An order under sub-paragraph (3) above may appoint different days for different provisions or different purposes of the same provision.

Sch 4 para 1(5)

An order under sub-paragraph (3) above relating to paragraph 5 of this Schedule may-

Sch 4 para 1(5)(a)

appoint different days for different purposes and for different areas or descriptions of area; and

Sch 4 para 1(5)(b)

contain such transitional provisions and savings (whether or not involving the modification of any statutory provision) as appear to the Secretary of State necessary or expedient in connection with the order.

The Contributions and Benefits Act

Sch 4 para 2

At the beginning of subsection (6) of section 44 of the Contributions and Benefits Act there shall be inserted the words “ Subject to subsection (7A) below ”.

Sch 4 para 3

The following subsection shall be inserted after subsection (7) of that section—.

Sch 4 para 4

In section 135 of that Act subsections (3) and (4) shall be omitted.

Sch 4 para 5

In section 143(3)(c) of that Act the following sub-paragraphs shall be substituted for sub-paragraphs (i) to (iii)—.

Sch 4 para 6

In paragraph 6 of Schedule 1 to that Act sub-paragraphs (2) to (4) shall be omitted.

Sch 4 para 7

The following sub-paragraph shall be substituted for paragraph 6(8) of that Schedule—.

Sch 4 para 8

The following sub-paragraph shall be substituted for paragraph 6(1) of Schedule 2 to that Act—.

Sch 4 para 9

Paragraph 6(2) of that Schedule shall be omitted.

Sch 4 para 10

The following sub-paragraph shall be inserted after paragraph 11(12) of Schedule 7 to that Act—.

Sch 4 para 11

At the end of paragraph 12 of Schedule 7 to that Act there shall be inserted—.

The Administration Act

Sch 4 para 12

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

Sch 4 para 13

Section 104 of that Act shall be omitted.

Sch 4 para 14

Subsection (5) of section 107 of that Act shall be omitted.

Sch 4 para 15

Subsections (9) to (11) of that section shall be omitted.

Sch 4 para 16

Section 153 of that Act shall be omitted.

Sch 4 para 17

In section 162 of that Act subsection (4) shall be omitted.

Sch 4 para 18

In section 163 of that Act subsection (5) shall be omitted.

Sch 4 para 19

The following subsection shall be inserted at the end of section 164 of that Act—.

This Act

Sch 4 para 20

In Schedule 3 to this Act—

Sch 4 para 20(a)

in the heading before paragraph 18 for the words “provision derived from” there shall be substituted the words “ provisions derived from paragraph 18 of Schedule 3 to former Consequential Provisions Act and ”; and

Sch 4 para 20(b)

the following paragraph shall be inserted after that heading—.

Sch 4

Other transitory modifications

Transition from mobility allowance to disability living allowance

Sch 4 para 21

In the application of subsection (2) of section 129 of the Contributions and Benefits Act to claims made or treated as made before the first day in respect of which disability living allowance is payable paragraph (b) of that subsection shall have effect as if the following sub-paragraph were substituted for sub-paragraph (ii)—.

Amendment of Schedule 1 to the Attachment of Earnings Act 1971 (c.32)

Sch 4 para 22

Until such time as there comes into force an amendment of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) which has the effect of including among the orders specified in that Schedule any order for periodical or other payments made or having effect as if made under Schedule 1 to the Children Act 1989, the definition of “maintenance order” in section 107(15) of the Administration Act shall have effect as if, in paragraph (a), after sub-paragraph (ii) there were inserted—.