Social Security Act 1973

• (a) in subsections (2) and (8), for " the Insurance Act" substitute (in each case) " Part I of the Social Security Act ";

• (b) in subsection (4), for subsections (5) and (7)" substitute " subsection (5) ";

• (c) for subsection (10) substitute—

(10) This section is subject to paragraphs 4 to 6 of Schedule 10 to the Social Security Act

.

39

In section 62(2), for " 2 of Schedule 7 to the Insurance Act" substitute " 5 of Schedule 10 to the Social Security Act ".

40

In section 71(1), for "injuries and diseases against which persons are insured under this Act" substitute " arising out of and in the course of employment, or injuries and diseases which are due to the nature of employment ".

41

In section 73(1), for "against which he was insured under this Act" substitute " due to the nature of his employment ".

42

For section 74 substitute—

(74) This Act shall apply to persons employed by or under the Crown in like manner as if such persons were employed earners in the employment of a private person : Provided that employment in the naval, military or air force service of the Crown and any other prescribed employment under the Crown shall not be, or be treated as, employed earner's employment.

.

43

For section 78 substitute—

(78) A person who has not attained school-leaving age shall not be entitled to injury benefit except as may be provided by regulations.

.

44

In section 85(4)—

• (a) for " 75 of this Act" substitute " 94(8) of the Social Security Act ";

• (b) for " the said section 75" substitute " the said section 94(8) ".

45

In section 86—

• (a) in subsection (1), after the definition of " relevant loss of faculty " insert " ' the Social Security Act' means the Social Security Act 1973 ";

• (b) in subsection (2)—

• (i) for paragraph (b) substitute—

(b) a person shall be deemed to have attained or not to have attained school-leaving age if he would be treated as being, as the case may be, over or under the upper limit of the compulsory school age for the purposes of that Act (disregarding any regulations made by virtue of section 2 of the Family Allowances and National Insurance Act 1967); " (ii) in paragraph (c), after " of that Act" insert " (as amended by section 1(1)(b) of the Family Allowances and National Insurance Act 1968) ".

46

In Schedule 3, paragraph 9(c), column 2, for " National Insurance Act 1965 as specified in Schedule 3 " substitute " Social Security Act as specified in Part I of Schedule 4 ".

The Family Allowances Act 1965 (c. 53)

47

In section 5 of the Family Allowances Act—

• (a) in subsection (1), for the words from " section 48(2)(c) " to " payment under this Act)" substitute " paragraph 1(4)(c) of Schedule 10 to the Social Security Act ";

• (b) in subsection (2)—

• (i) for " under the Insurance Act" substitute " under Part I of the Social Security Act ",

• (ii) for " under that Act" substitute " under that Part of that Act ", and

• (iii) for " of that Act" substitute " of the Insurance Act ".

48

In section 7, after subsection (3) insert—

(4) The regulations to be so made may make provision for extinguishing the right to payment of any allowance if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen.

.

49

In section 8—

• (a) in subsection (1)—

• (i) for " paragraph 1 of Schedule 7 to the Insurance Act" substitute " paragraphs 4 to 6 of Schedule 10 to the Social Security Act ";

• (ii) for " 81(1) to (5)" substitute " 81(1) to (4) ";

• (iii) for " section 49(5) of the Insurance Act" substitute " paragraph 2(6) of Schedule 10 to the Social Security Act ";

• (iv) in paragraphs (a) and (b), for " the Insurance Act " substitute (in each place) " Part I of the Social Security Act "; and

• (b) in subsection (3), for " the Insurance Act" substitute " Part I of the Social Security Act ".

50

In section 11(6), for " 29 of the Insurance Act" substitute " 22 of the Social Security Act ".

51

For section 12 substitute—

(12) Paragraphs 9 to 11 of Schedule 22 to the Social Security Act shall apply for the purposes of this Act as they apply for the purposes of that Act.

52

In section 19(1), after the definition of " the Minister ", insert " the Social Security Act " means the Social Security Act 1973.".

53

In section 22, for subsection (1) substitute—

(1) For the purpose of giving effect to any agreement with the Government of any country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of this Act, Her Majesty may by Order in Council make provision for modifying this Act in its application to cases affected by the agreement. (1A) The modifications of this Act which may be made by virtue of subsection (1) above shall include provision— (a) for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made shall have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit); (b) for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights shall be available to the person concerned ; (c) for making any necessary financial adjustments. (1B) Powers corresponding to those conferred by section 96(2) to (4) and (7) of the Social Security Act in relation to Orders in Council under that Act shall be exercisable also in relation to Orders in Council under this section.

.

The Redundancy Payments Act 1965 (c. 62)

54

In section 17 of the Redundancy Payments Act 1965—

• (a) in subsection (3), after "week of employment" insert " before the day appointed for the coming into force of section 2 of the Social Security Act 1973 ";

• (b) after subsection (4) insert—

(4A) Subject to the following provisions of this section, in computing, in relation to an employee, the period specified in section 8(1) of this Act, or the period specified in paragraph 1 of Schedule 1 to this Act, a week of employment after the day appointed for the coming into force of section 2 of the Social Security Act 1973 shall not count if— (a) the employee was employed outside Great Britain during the whole or part of that week ; and (b) he was not during that week an employed earner for the purposes of that Act.

;

• (c) in subsection (5), after " (3) " insert " or (4A) ";

• (d) for subsection (6) substitute—

(6) Any question arising under this section— (a) whether an employer's contribution was paid, or was or would have been payable, as mentioned in subsection (3) or (4) of this section ; or (b) whether a person was an employed earner for the purposes of the Social Security Act 1973, shall be determined by the Secretary of State; and any legislation (including regulations) as to the determination of questions which under that Act the Secretary of State is empowered to determine (including provisions as to the reference of questions for decision, or as to appeals, to the High Court or the Court of Session) shall apply to the determination of any question by the Secretary of State under this section

.

55

In section 26(3), for the words from " securities" onwards, substitute " such manner as may be specified by an order of the Treasury for the time being in force under section 22(1) of the National Savings Bank Act 1971. ".

56

In section 31(4), for the words from " the aggregate amount" to " contributions " substitute " equal to the appropriate allocation to the Redundancy Fund (under section 45 of the Social Security Act 1973) from all secondary Class 1 contributions paid by that employer under Part I of the Social Security Act 1973 ".

57

In section 36, for subsection (5) substitute—

(5) In this Part of this Act " employer " and " employee " have the same meanings as in Part I of this Act.

.

58

In section 43—

• (a) in subsection (1)—

• (i) for " the next following subsection " substitute " subsection (2) of this section ";

• (ii) for the words from " employer's contributions" to " that employment" substitute " in respect of the whole or part of the period during which that person was in that employment, employer's contributions were paid in respect of him ";

• (b) after subsection (1) insert—

(1A) The reference in subsection (1) of this section to employer's contributions is— (a) as respects any period before the day appointed for the coming into force of section 2 of the Social Security Act 1973, to employer's contributions within the meaning of the National Insurance Act 1965 ; and (b) as respects any period beginning on or after that day, to secondary Class 1 contributions paid in respect of the person in question by persons who were in relation to him secondary Class 1 contributors by virtue of section 2(4)(a) of the said Act of 1973.

;

• (c) in subsection (2), for " the preceding subsection" substitute " subsection (1) of this section ";

• (d) in subsection (4), for the words from " such contributions " to " were paid " substitute " the conditions of subsection (1) of this section relating to the payment of employer's contributions were satisfied ".

59

In section 49(1), for " redundancy fund contributions will be payable under Part II of this Act" substitute " secondary Class 1 contributions will be payable under Part I of the Social Security Act 1973 ".

The National Insurance Act 1966 (c. 6)

60

In section 6(1)(a) of the National Insurance Act 1966, for " the said section 15 " substitute " section 15 of that Act ".

61

In section 8—

• (a) in subsection (1)—

• (i) in paragraph (a), for the words "68 to 76" onwards substitute " 68 to 73, 75 and 76 of the Insurance Act in like manner as a claim for benefit under Part I of the Social Security Act or, as the case may be, a question to which section 84(5) of the Social Security Act applies ";

• (ii) in paragraph (b), for the words from "Insurance Act" (where first occurring) onwards, substitute " Social Security Act, of local tribunals constituted under section 77 of the Insurance Art or of a Commissioner appointed under section 87 of the Social Security Act ";

• (iii) in paragraph (ii), for "Part IV of the Insurance Act" substitute " section 84(5) of the Social Security Act and Part IV of the Insurance Act ";

• (iv) in paragraph (iii), for " a reference to the said Part IV " substitute " references to the said section 84(5) and to the said Part IV ";

• (b) in subsection (2), for the words from the beginning to "section 9 of this Act" substitute " Where any question under the Industrial Injuries Act (not being a special question within the meaning of that Act) first arises in the course of an appeal to a local tribunal constituted under section 77 of the Insurance Act or a Commissioner appointed under section 87 of the Social Security Act ".

62

In section 14(3), after paragraph (b) insert the following new paragraph—

(bb) the expression " the Social Security Act" means the Social Security Act 1973.

.

63

In Schedule 2—

• (a) in paragraphs 3(b), 5(a) and 6(a), for " 64(1) of the Insurance Act" substitute (in each case) " 84(1) of the Social Security Act ";

• (b) in paragraph 4(b), for " employed persons" substitute " employed earners ";

• (c) in paragraph 7, for " sections 67 to 70 " substitute " section 84(5) of the Social Security Act or sections 68 to 70 ".

The Commonwealth Secretariat Act 1966 (c. 10)

64

In paragraph 5(2) of the Schedule to the Commonwealth Secretariat Act 1966, for the words from " contributions are required to be paid " to " liable to any contribution " substitute " contributions or premiums are payable under the enactments relating to national insurance and social security, but the foregoing provision shall not be construed as rendering a person liable to any contribution or premium ".

The Supplementary Benefit Act 1966 (c. 20) (The Ministry of Social Security Act 1966)

65

In section 12(1) of the Supplementary Benefit Act 1966, for " the National Insurance Act 1965 " substitute " Part I of the Social Security Act 1973 ".

66

In section 16(1), for paragraph (a) substitute—

(a) benefit (other than a maternity grant or a death grant) under Part I of the Social Security Act 1973 ;

.

67

Section 17(1) shall continue to have effect subject to the amendment made by section 2(2) of the National Insurance &c. Act 1969, that is to say, the following shall continue to be substituted for paragraph (e)—

(e) for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen.

.

68

In section 26(4), for " the National Insurance Acts 1965 and 1966 " substitute " Part I of the Social Security Act 1973 ".

69

In section 36(1), in the definitions of "place of employment " and " trade dispute ", for " 22 of the National Insurance Act 1965 " substitute (in each place) " 14 of the Social Security Act 1973 ".

70

In Schedule 2—

• (a) in paragraph 10A—

• (i) in sub-paragraph (1)(a), for " 22(2) of the National Insurance Act 1965 " substitute " 14(2) of the Social Security Act 1973 ";

• (ii) in sub-paragraph (3), for "the National Insurance Act 1965 " substitute " Part I of the Social Security Act 1973 ";

• (b) in paragraph 12A—

• (i) in sub-paragraph (2)(a), for "the National Insurance Act 1965 " substitute " Part I of the Social Security Act 1973 ";

• (ii) in sub-paragraph (2)(b), for the words from " subsection (2)" onwards, substitute " section 15(1) of the Social Security Act 1973 or, in relation to a disabled child, that subsection as modified by regulations made under subsection (4) of that section ";

• (iii) in sub-paragraph (3), for " National Insurance Act 1965 " substitute " Social Security Act 1973 ";

• (c) in paragraph 20—

• (i) in sub-paragraph (a), for " 39 of the National Insurance Act 1965 " substitute " 30 of the Social Security Act 1973 ";

• (ii) in sub-paragraph (b), for " section 23 " substitute " section 16 ";

• (d) in paragraph 24—

• (i) in sub-paragraph (1)(h), for " Schedule 3 to the National Insurance Act 1965" substitute " Part I of Schedule 4 to the Social Security Act 1973 ",

• (ii) in sub-paragraph (2)(a), for "column 2 or 3 of Part II of Schedule 3 to the National Insurance Act 1965 " substitute " column 2 or 3 of Part III of Schedule 4 to the Social Security Act 1973 ",

• (iii) in sub-paragraph (2)(b), for " under Part I or increase thereof under column 3 of Part II of Schedule 3 to the National Insurance Act 1965 " substitute " under Part I, or increase thereof under column 3 of Part III, of Schedule 4 to the Social Security Act 1973 ",

• (iv) in sub-paragraph (3)(a), for " column 4 of Part II of Schedule 3 to the National Insurance Act 1965 " substitute " column 4 of Part III of Schedule 4 to the Social Security Act 1973 ";

• (e) in paragraph 25(1)(a) for " the National Insurance Acts 1965 and 1966" substitute " Part I of the Social Security Act 1973 ".

The Agriculture Act 1967 (c. 22)

71

In section 67(3) of the Agriculture Act 1967, in paragraph (e), for "the National Insurance Act 1965 " substitute " Part I of the Social Security Act 1973 ".

The Superannuation (Miscellaneous Provisions) Act 1967 (c. 28)

72

In section 13 of the Superannuation (Miscellaneous Provisions) Act 1967, for subsection (2) substitute—

(2) Regulations under subsection (1) of this section may provide for the reduction or withholding of awards under the regulations in cases where awards are provided for in respect of the same matters under any of the enactments relating to national insurance and social security.

.

The Industrial Injuries and Diseases (Old Cases) Act 1967 (c. 34)

73

In section 4(8) of the Old Cases Act, for paragraph (a) substitute—

(a) except when made for the purpose of replacing provisions of previous schemes with new provisions to the same effect, or of making provision consequential on the making of an order under section 39 of the Social Security Act 1973, shall not be made unless a draft of the scheme has been laid before Parliament and approved by resolution of each House ;

.

74

In section 8(3)(b), for the words from " one of the Commissioners " to " subsection (3) " substitute " a Commissioner appointed under section 87 of the Social Security Act 1973, or by a tribunal constituted under subsection (2) ".

75

For section 13 substitute—

(13) (1) Subject to section 8(2) of this Act, the following enactments namely— (a) section 81(6) of the Insurance Act; (b) sections 54(8) and 85 of the Industrial Injuries Act; and (c) section 8(3) of the Family Allowances Act 1965, shall have effect as if any reference in those enactments to the Industrial Injuries Act included a reference to this Act. (2) Paragraphs 9 to 11 (except 11(b)) of Schedule 22 to the Social Security Act 1973 shall apply for the purposes of this Act as they apply for the purposes of that Act.

.

The Family Allowances and National Insurance Act 1967 (c. 90)

76

For section 1(4) of the Family Allowances and National Insurance Act 1967 substitute—

(4) The provisions set out in Part II of Schedule 2 to this Act shall be substituted for those of paragraph 1 of Schedule 5 to the National Insurance (Industrial Injuries) Act 1965.

.

The Public Expenditure and Receipts Act 1968 (c. 14)

77

In Schedule 3 to the Public Expenditure and Receipts Act 1968, at the end of paragraph 1(b) insert—

The Social Security Act 1973 (c. 38) Schedule 22, paragraph 9.	The Secretary of State.

The Consular Relations Act 1968 (c. 18)

78

In section 1(6) of the Consular Relations Act 1968, for the words from " which is insurable employment" to " liable to any contribution" substitute " in respect of which contributions or premiums are payable under the enactments relating to national insurance and social security, including enactments in force in Northern Ireland, but not so as to render any person liable to any contribution or premium ".

The Rent Act 1968 (c. 23)

79

In section 40(3) of the Rent Act 1968, for "the National Insurance Act 1965 " substitute " Part I and Part III of the Social Security Act 1973 ".

The International Organisations Act 1968 (c. 48)

80

In paragraph 13 of Schedule 1 to the International Organisations Act 1968—

• (a) for the words from " for the purposes " to the end of subparagraph (a) substitute

for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland— (a) services rendered for the organisation by the representative or officer shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but

• (b) in sub-paragraph (b), after " contribution" insert " or premium ".

The Social Work (Scotland) Act 1968 (c. 49)

81

In section 28(2) of the Social Work (Scotland) Act 1968, for " 39 of the National Insurance Act 1965 " substitute " 30 of the Social Security Act 1973 ".

The Income and Corporation Taxes Act 1970 (c. 10)

82

In section 8(2)(b) of the Income and Corporation Taxes Act 1970, for the words from " a retirement pension " to " 1966 " substitute " a Category A retirement pension payable to the wife under Part I of the Social Security Act 1973, no payment of benefit under that Part of that Act ".

83

In section 24(3)(a), for the words from " under the National Insurance Act" to " 1966 " substitute " under Part I of the Social Security Act 1973 ".

84

In section 219—

• (a) in subsection (1)(a), for the words from " the National Insurance Act 1965 " to " those Acts)" substitute " Part I of the Social Security Act 1973, except ";

• (b) in subsection (3)—

• (i) for " the National Insurance Act 1965 or the National Insurance Act (Northern Ireland) 1966 " substitute " the Social Security Act 1973 ";

• (ii) for the words from " employer's contribution " to " 1966" substitute " secondary Class 1 contribution or secondary reserve scheme contribution within the meaning of the said Act of 1973 ".

The Administration of Justice Act 1970 (c. 31)

85

In sections 11(b)(ii) and 12(2)(b) of the Administration of Justice Act 1970, after " contributions" (in each place) insert " premiums ".

86

In Schedule 4, for paragraph 3 substitute—

(3) Class 1, 2 and 4 contributions under Part I of the Social Security Act 1973 and reserve scheme contributions and premiums under Part III of that Act.

.

The Family Income Supplements Act 1970 (c. 55)

87

In section 8(4) of the Family Income Supplements Act 1970, for " the National Insurance Acts 1965 to 1970 " substitute " Part I of the Social Security Act 1973 ".

The Attachment of Earnings Act 1971 (c. 32)

88

In section 3(6) of the Attachment of Earnings Act 1971, after " contributions " insert " premiums ".

89

In Schedule 2, for paragraph 3 substitute—

(3) Class 1, 2 and 4 contributions under Part I of the Social Security Act 1973 and reserve scheme contributions and premiums under Part III of that Act.

.

90

In Schedule 3, for paragraph 3(b) substitute—

(b) primary Class 1 contributions under Part I of the Social Security Act 1973 and primary reserve scheme contributions under Part III of that Act;

.

91

In Schedule 4, for " the National Insurance Act 1965 " substitute " Part I of the Social Security Act 1973 ".

The Tribunals and Inquiries Act 1971 (c. 62)

92

In Part I of Schedule 1 to the Tribunals and Inquiries Act 1971, in paragraph 18(d), for " 9 of the National Insurance Act 1966 (c. 6)" substitute " 87 of the Social Security Act 1973 (c. 38) ".

The Finance Act 1971 (c. 68)

93

In the Finance Act 1971, Schedule 4, paragraph 1(b), for the words from " under the National Insurance Acts 1965" onwards substitute " under Part I of the Social Security Act 1973 which is payable to the wife otherwise than by virtue (wholly or partly) of her own contributions. ".

The Social Security Act 1971 (c. 73)

94

In the Social Security Act 1971, after section 4 insert the following new section—

(4A) Every appointment of an inspector under section 88(1) of the Social Security Act 1973 shall be an appointment for the purposes of the Supplementary Benefit Act 1966 as well as for those of the said Act of 1973 ; and— (a) in Part I of Schedule 22 to the said Act of 1973 references to that Act (except the first reference) shall include the said Act of 1966 ; and (b) in paragraph 2(1)(b) of that Schedule the reference to benefit shall include benefit within the meaning of the said Act of 1966.

.

95

At the end of section 6 add " and this section applies also, with the necessary modifications, to the provisions of the Social Security Act 1973 which correspond to those of the National Insurance Act 1965 mentioned above in this section. ".

The Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

96

In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)0"), for "Schedule 3 to the National Insurance Act 1965 " substitute " Part I of Schedule 4 to the Social Security Act 1973 ".

The Housing Finance Act 1972 (c. 47)

97

In Schedule 3 to the Housing Finance Act 1972, in paragraph 9(2)0"), for " Schedule 3 to the National Insurance Act 1965 " substitute " Part I of Schedule 4 to the Social Security Act 1973 ".

The Administration of Justice Act 1973 (c. 15)

98

In paragraph 8(1) of Schedule 1 to the Administration of Justice Act 1973, for " National Insurance Acts 1965 to 1967 " substitute " enactments relating to national insurance and social security ".

PART II — Enactments of the Parliament of Northern Ireland, and Orders in Council applying to Northern Ireland

The Agricultural Wages (Regulation) Act (Northern Ireland) 1939 (c. 25)

99

In section 2A(2)(e) of the Agricultural Wages (Regulation) Act (Northern Ireland) 1939, for "the National Insurance Acts (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ".

The Wages Councils Act (Northern Ireland) 1945 (c. 21)

100

In section 13(1)(a) of the Wages Councils Act (Northern Ireland) 1945, for the words from " National" to " subsequent enactment " substitute " enactments relating to national insurance and social security ".

The Industrial Assurance and Friendly Societies Act (Northern Ireland) 1948 (c. 22)

101

In section 7(1) of the Industrial Assurance and Friendly Societies Act (Northern Ireland) 1948, for " National Insurance Act (Northern Ireland) 1946 " substitute " enactments relating to national insurance and social security ", and for " the said Act of 1946" substitute " those enactments ".

The Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (c. 23)

102

In section 3 of the Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948, substitute the following for subsection (6)

(6) In this section references to any benefit shall be construed as in the enactments relating to national insurance and social security (including enactments in force in Great Britain) ; and for the purposes of this section an industrial disablement gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable

.

The Employment and Training Act (Northern Ireland) 1950 (c. 29)

103

In section 3 of the Employment and Training Act (Northern Ireland) 1950, substitute the following for subsection (6)—

(6) The Ministry may, with the consent of the Ministry of Finance, authorise the payment out of the Northern Ireland National Insurance Fund of contributions towards expenses incurred under this section in respect of persons entitled to unemployment benefit under Part I of the Social Security Act 1973 and persons who would be so entitled but for regulations made under that Act; but contributions under this section shall not in any year exceed one hundred thousands pounds or such greater amount as the Ministry may by order determine, and any such order shall be subject to negative resolution

.

104

In section 5—

• (a) in subsection (3) for the words from " being a person" to " 1946 " substitute " who satisfies the contribution conditions set out in paragraph 1 of Schedule 3 to the Social Security Act 1973 ";

• (b) in subsection (4) for the words from " or retirement pension " to " 1946" substitute " invalidity benefit or retirement pension under Part I of the Social Security Act 1973 ".

The Judicial Pensions Act (Northern Ireland) 1951 (c. 20)

105

In section 3 of the Judicial Pensions Act (Northern Ireland) 1951, for " Commissioner appointed or deemed to be appointed under section 9 of the National Insurance (No. 2) Act (Northern Ireland) 1966 and " substitute " National Insurance Commissioner ".

106

In section 16, for the words from " and for service " onwards substitute " and for service as a National Insurance Commissioner shall require the recommendation of the Ministry of Health and Social Services ".

107

In section 20, for the words from " referred to " to " before " substitute " referred to in this Act (other than a National Insurance Commissioner) shall before ".

108

In section 22(1), after the definition of " Minister" insert the following definition—

• " National Insurance Commissioner " means a National Insurance Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act 1973 ;

.

The Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955 (c. 29)

109

In Schedule 2 to the Registration of Births, Deaths and Marriages (Fees, etc.) Act (Northern Ireland) 1955, at the end insert the following entry—

• The Social Security Act 1973 (1973 c. 38).

.

The Fatal Accidents Act (Northern Ireland) 1959 (c. 18)

111

In section 2(2) of the Fatal Accidents Act (Northern Ireland) 1959, in the definition of " benefit", for the words from " under " to " United Kingdom " substitute " under the enactments relating to national insurance and social security (including enactments in force in Great Britain) ".

The Companies Act (Northern Ireland) 1960 (c. 22)

112

In section 287(1) of the Companies Act (Northern Ireland) I960, for paragraph (e) substitute—

(e) unless the company is being wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company, all the debts specified in section 93(2) of the Social Security Act 1973.

.

The Youth Employment Service Act (Northern Ireland) 1961 (c. 8)

113

In section 6 of the Youth Employment Service Act (Northern Ireland) 1961—

• (a) in subsection (2), for the words from "being a person" to " 1960 " substitute " who satisfies the contribution conditions set out in paragraph 1 of Schedule 3 to the Social Security Act 1973 ";

• (b) in subsection (3), for " or sickness benefit under the National Insurance Acts (Northern Ireland) 1946 to 1960" substitute " , sickness benefit or invalidity benefit under the Social Security Act 1973 ".

114

In section 7(1), for the words from "under" where it first occurs to " 1967" in the second place where it occurs substitute " under the National Insurance (Industrial Injuries) Acts (Northern Ireland) 1966 to 1972, the Social Security Act 1973 ".

The Companies (Amendment) Act (Northern Ireland) 1963 (c. 25)

115

In section 3(6)(b) of the Companies (Amendment) Act (Northern Ireland) 1963, for the words from "National Insurance" onwards substitute " Social Security Act 1973 as earnings paid in that period ".

The Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964 (c. 32)

116

In section 1 of the Preferential Payments (Bankruptcies and Arrangements) Act (Northern Ireland) 1964—

• (a) in subsection (1)—

• (i) in paragraph (a)(ii), after " income tax " insert " or Class 4 contributions under Part I of the Social Security Act 1973 ";

• (ii) for paragraph (e) substitute—

(e) all the debts specified in section 93(2) of the Social Security Act 1973

;

• (b) In subsection (10)(c), for the words from "National Insurance " onwards substitute " Social Security Act 1973 as earnings paid in that period ".

The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (c. 19)

117

In section 27 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965—

• (a) in subsection (3), after "week of employment" insert " before the day appointed for the coming into force of section 2 of the Social Security Act 1973 ";

• (b) after subsection (4) insert—

(4A) Subject to the following provisions of this section, in computing, in relation to an employee, the period specified in section 18(1), or the period specified in paragraph 1 of Schedule 3, a week of employment after the day appointed for the coming into force of section 2 of the Social Security Act 1973 shall not count if— (a) the employee was employed outside Northern Ireland during the whole or part of that week ; and (b) he was not during that week an employed earner for the purposes of that Act.

;

• (c) in subsection (5), after " (3) " insert " or (4A) ";

• (d) for subsection (6) substitute—

(6) Any question arising under this section— (a) whether an employer's contribution was paid or was or would have been payable, as mentioned in subsection (3) or (4); or (b) whether a person was an employed earner for the purposes of the Social Security Act 1973, shall be determined by the Ministry; and any legislation (including regulations) as to the determination of questions which under that Act the Ministry is empowered to determine (including provisions as to the reference of questions for decision, or as to appeals, to the Court of Appeal) shall apply to the determination of any question by the Ministry under this section.

118

In section 36(3), for the words from "securities" onwards, substitute " such manner as may be specified by an order of the Treasury for the time being in force under section 22(1) of the National Savings Bank Act 1971 ".

119

In section 41(4), for the words from " the aggregate amount" to " contributions " substitute " equal to the appropriate allocation to the Northern Ireland Redundancy Fund (under section 45 of the Social Security Act 1973) from all secondary Class 1 contributions paid by that employer under Part I of the Social Security Act 1973 ".

120

In section 50—

• (a) in subsection (1), for the words from "employers' contributions " to " that employment" substitute " in respect of the whole or part of the period during which that person was in that employment, employers' contributions were paid in respect of him ";

• (b) after subsection (1) insert—

(1A) The reference in subsection (1) to employers' contributions is— (a) as respects any period before the day appointed for the coming into force of section 2 of the Social Security Act 1973, to employers' contributions within the meaning of the National Insurance Act (Northern Ireland) 1966, and (b) as respects any period beginning on or after that day, to secondary Class 1 contributions paid in respect of the person in question by persons who were in relation to him secondary Class 1 contributors by virtue of section 2(4)(a) of the said Act of 1973

;

• (c) in subsection (4), for the words from " such contributions " to " were paid" substitute " the conditions of subsection (1) relating to the payment of employers' contributions were satisfied ".

121

In section 55(1), for "redundancy fund contributions will be payable under Part III" substitute " secondary Class 1 contributions will be payable under Part I of the Social Security Act 1973 ".

The Family Allowances Act (Northern Ireland) 1966 (c. 8)

122

In section 5 of the Family Allowances Act (Northern Ireland) 1966—

• (a) in subsection (1), for the words from " section 47(2)(c)" to " payment under this Act)" substitute " paragraph 1(4)(c) of Schedule 10 to the Social Security Act ";

• (b) in subsection (2)—

• (i) for " under the Insurance Act" substitute " under Part I of the Social Security Act ",

• (ii) for " under that Act" substitute " under that Part of that Act ", and

• (iii) for " of that Act" substitute " of the Insurance Act ".

123

In section 7, after subsection (3) insert—

(4) The regulations to be so made may make provision for extinguishing the right to payment of any allowance if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen.

.

124

In section 8—

• (a) in subsection (1)—

• (i) for " paragraph 1 of Schedule 7 to the Insurance Act" substitute " paragraphs 4 to 6 of Schedule 10 to the Social Security Act ",

• (ii) for " 80(1) to (5)" substitute " 80(1) to (4) ",

• (iii) for " section 48(5) of the Insurance Act" substitute " paragraph 2(6) of Schedule 10 to the Social Security Act ",

• (iv) in paragraphs (a) and (b) for " the Insurance Act" substitute (in each place) " Part I of the Social Security Act ";

• (b) in subsection (3), for " the Insurance Act" substitute " Part I of the Social Security Act ".

125

In section 11(5), for "28 of the Insurance Act" substitute " 22 of the Social Security Act ".

126

In section 15(2), for "the National Insurance Commissioner " substitute " National Insurance Commissioners ".

127

In section 18, at the end insert—

• ' the Social Security Act ' means the Social Security Act 1973

.

128

For section 21 substitute—

(21) (1) For the purpose of giving effect to any agreement with the Government of any country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of this Act, the Governor may by Order in Council make provision for modifying this Act in its application to cases affected by the agreement. (2) The modifications of this Act which may be made by virtue of subsection (1) shall include provision— (a) for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made shall have a corresponding effect for the purposes of this Act (but not so as to confer a right to double benefit); (b) for determining, in cases where rights accrue both under this Act and under the law of that country, which of those rights shall be available to the person concerned ; (c) for making any necessary financial adjustments. (3) Powers corresponding to those conferred by section 96(3) and (7) of the Social Security Act in relation to Orders in Council under that Act shall be exercisable also in relation to Orders in Council under this section.

.

The National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 (c. 9)

129

In section 5(4) of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, for " sections 71 and 75(2)" substitute " section 75(2) and of section 94(8) of the Social Security Act ".

130

In section 8(2), after " vessel" insert " hovercraft (within the meaning of the Hovercraft Act 1968) ".

131

In section 11, after subsection (4) insert—

(5) Subsection (1)(a) to (e) of section 12 of the Social Security Act, and any regulations made under those paragraphs or under subsection (2) of that section, shall have effect for the purposes of injury benefit as they have effect for the purposes of unemployment benefit or sickness benefit under Part I of that Act.

.

132

In section 13A(5), for " Insurance Act" substitute " Social Security Act ".

133

In section 17(5), for " 28 of the Insurance Act" substitute " 22 of the Social Security Act ".

134

In section 19(3), in paragraph (d) for "the upper limit of the compulsory school " substitute " school-leaving ".

135

Section 27(2) shall continue to have effect subject to the amendment made by section 2(1) of the National Insurance &c. Act (Northern Ireland) 1969, that is to say, for paragraph (b) there shall continue to be substituted—

(b) for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen

.

136

In section 28(1), after " beneficiary" insert " , or on his estate and effects vesting in the official assignee under section 349 of the Irish Bankrupt and Insolvent Act 1857, ".

137

In section 29(1), for " against which he is insured under this Act" substitute " arising out of and in the course of his employed earner's employment ".

138

In section 32(1), for " Part II of the Insurance Act " substitute " Chapter II of Part I of the Social Security Act ".

139

In section 34(3), for paragraph (b) substitute—

(b) the employed earners have died as a result of accidents arising out of and in the course of their employed earner's employment,

.

140

In section 35—

• (a) in subsection (2), for " 63(1)(d) of that Act" substitute " 84(1)(d) of the Social Security Act ";

• (b) in subsection (3)—

• (i) for the words from " subsection (1)(a) to (e)" onwards substitute " subsection (1)(a) as it applies in relation to any question arising under the Social Security Act such as is mentioned in section 84(l)(a) of that Act ",

• (ii) for " Supreme Court" substitute " Court of Appeal ";

• (c) in subsection (4) for " the said section 63(1)(a) to (c)" substitute " section 84(1)(a) of the Social Security Act ".

141

In section 49—

• (a) in subsection (2)—

• (i) in paragraph (a) for " an insurance tribunal" substitute " and a competent tribunal ";

• (ii) in paragraph (b) for " insurance tribunal" substitute " competent tribunal ";

• (iii) in paragraphs (c) and (h) for " an insurance tribunal" substitute (in each case) " a competent tribunal ";

• (iv) in paragraph (g) for " an insurance tribunal" substitute " or a competent tribunal ";

• (b) in subsection (6), for "' insurance tribunal'" substitute " ' competent tribunal'. "

142

In section 53—

• (a) in subsections (3) and (9), for " the Insurance Act" substitute (in each case) ' Part I of the Social Security Act,"

• (b) in subsection (5), for " subsections (6) and (8)" substitute " subsection (6), "

• (c) for subsection (11) substitute—

(11) This section is subject to paragraphs 4 to 6 of Schedule 10 to the Social Security Act

.

143

In section 67(1), for ' injuries and diseases against which persons are insured under this Act" substitute " arising out of and in the course of employment, or injuries and diseases which are due to the nature of employment ".

144

In section 69(1), for " against which he was insured under this Act" substitute " due to the nature of his employment ".

145

For section 70 substitute—

(70) This Act shall apply to persons employed by or under the Crown in like manner as if such persons were employed earners in the employment of a private person: Provided that employment in the naval, military or air force service of the Crown and any other prescribed employment under the Crown shall not be, or be treated as, employed earner's employment.

146

For section 73 substitute—

(73) A person who has not attained school-leaving age shall not be entitled to injury benefit except as may be provided by regulations.

147

In section 81—

• (a) in subsection (1)—

• (i) for the definition of " Commissioner " substitute—

• ' Commissioner ' means a National Insurance Commissioner appointed under paragraph 13 of Schedule 22 to the Social Security Act,

• (ii) after the definition of " relevant loss of faculty " insert " ' the Social Security Act' means the Social Security Act 1973, "

• (b) for subsection (2)(b) substitute—

(b) a person shall be deemed to have attained or not to have attained school-leaving age if he would be treated as being, as the case may be, over or under the upper limit of the compulsory school age for the purposes of that Act (disregarding any regulations made by virtue of section 2 of the Family Allowances and National Insurance Act (Northern Ireland) 1968)

.

148

In Schedule 3, paragraph 9(c), column 2, for " National Insurance Act (Northern Ireland) 1966 as specified in Schedule 3 " substitute " Social Security Act as specified in Part I of Schedule 4 ".

The Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966 (c. 14)

149

For section 9 of the Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966 substitute—

(9) The following enactments, namely— (a) section 80(6) of the Insurance Act; (b) sections 53(9) and 80 of the Industrial Injuries Act; and (c) section 8(3) of the Family Allowances Act (Northern Ireland) 1966, shall have effect as if any reference in those enactments to the Industrial Injuries Act included a reference to this Act.

.

150

In section 11(1), in the definition of "the Commissioner", for the words from " appointed or " onwards substitute " appointed under paragraphh 13 of Schedule 25 to the Social Security Act 1973 and includes a tribunal constituted under sub-paragraph (2) of that paragraph ".

The National Insurance (No. 2) Act (Northern Ireland) 1966 (c. 16)

151

In section 6(1)(a) of the National Insurance (No. 2) Act (Northern Ireland) 1966, for "the said section 15" substitute " section 15 of that Act ".

152

In section 8—

• (a) in subsection (1)—

• (i) in paragraph (a) for the words from " 67 to 75 " onwards substitute " 67 to 72, 74 and 75 of the Insurance Act in like manner as a claim for benefit under Part I of the Social Security Act or, as the case may be, a question to which section 84(5) of the Social Security Act applies ";

• (ii) in paragraph (b) for the words from "Insurance Act" (where first occurring) onwards substitute " Social Security Act, of local tribunals constituted under section 76 of the Insurance Act or of a Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act ";

• (iii) in paragraph (ii) after " including references to" insert " section 84(5) of the Social Security Act and "; and

• (iv) in paragraph (iii) for " a reference to the said Part IV " substitute " references to the said section 84(5) and to the said Part IV ";

• (b) in subsection (2), for the words from the beginning of the subsection to " section 9 of this Act" substitute " Where any question under the Industrial Injuries Act (not being a special question within the meaning of that Act) first arises in the course of an appeal to a local tribunal constituted under section 76 of the Insurance Act or a Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act ".

153

In section 14(3), after paragraph (b), insert the following new paragraph—

(bb) the expression " the Social Security Act" means the Social Security Act 1973 ;

.

154

In Schedule 2—

• (a) in paragraphs 3(b), 5(a) and 6(a), for " section 63(1) of the Insurance Act" substitute (in each case) " section 84(1) of the Social Security Act ";

• (b) in paragraph 4(b), for " employed persons" substitute " employed earners ";

• (c) in paragraph 7, for " sections 66 to 69" substitute " section 84(5) of the Social Security Act or sections 67 to 69 ".

155

In Schedule 3, in paragraph 2(a), the amendment in section 3 of the Judicial Pensions Act (Northern Ireland) 1951 set out in paragraph 105 above.

The Supplementary Benefits &c. Act (Northern Ireland) 1966 (c. 28)

156

In section 12(1) of the Supplementary Benefits &c. Act (Northern Ireland) 1966, for " the National Insurance Act (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ".

157

In section 17(1), for paragraph (a) substitute—

(a) benefit (other than a maternity grant or a death grant) under Part I of the Social Security Act 1973;

.

158

Section 18(1) shall continue to have effect subject to the amendment made by section 2(2) of the National Insurance &c. Act (Northern Ireland) 1969, that is to say, the following shall continue to be substituted for paragraph (e)—

(e) for extinguishing the right to payment of any sum by way of benefit if payment is not obtained within a prescribed period, not being less than twelve months, from the date on which the right is to be treated under the regulations as having arisen.

.

159

In section 26(4), for "the National Insurance Acts (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ".

160

In section 40(1), in the definitions of " place of employment" and " trade dispute " for " 21 of the National Insurance Act (Northern Ireland) 1966 " substitute (in each place) " 14 of the Social Security Act 1973 ".

161

In Schedule 2—

• (a) in paragraph 10A—

• (i) in sub-paragraph (1)(a), for " 21(3) of the Insurance Act" substitute " 14(2) of the Social Security Act 1973 ";

• (ii) in sub-paragraph (3), for " the National Insurance Act (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ";

• (b) in paragraph 12A—

• (i) in sub-paragraph (2)(a), for " the National Insurance Act (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ";

• (ii) in sub-paragraph (2)(b), for the words from " section 4(2)" onwards substitute " subsection (1) of section 15 of the Social Security Act 1973 or, in relation to a disabled child, that subsection as modified by regulations made under subsection (4) of that section ";

• (iii) in sub-paragraph (3), for "National Insurance Act (Northern Ireland) 1966 " substitute " Social Security Act 1973 ";

• (c) in paragraph 20—

• (i) in sub-paragraph (a), for " 38 of the National Insurance Act (Northern Ireland) 1966 " substitute " 30 of the Social Security Act 1973 ", and

• (ii) in sub-paragraph (b), for " section 22 " substitute " section 16 ";

• (d) in paragraph 24—

• (i) in sub-paragraph (1)(h), for "Schedule 3 to the National Insurance Act (Northern Ireland) 1966 " substitute " Part I of Schedule 4 to the Social Security Act 1973 ",

• (ii) in sub-paragraph (2)(a), for " column 2 or 3 of Part II of Schedule 3 to the National Insurance Act (Northern Ireland) 1966" substitute " column 2 or 3 of Part III of Schedule 4 to the Social Security Act 1973 ",

• (iii) in sub-paragraph (2)(b), for " under Part I or increase thereof under column 3 of Part II of Schedule 3 to the National Insurance Act (Northern Ireland) 1966 " substitute " under Part I, or increase thereof under column 3 of Part III, of Schedule 4 to the Social Security Act 1973 ", and

• (iv) in sub-paragraph (3)(a), for " column 4 of Part II of Schedule 3 to the National Insurance Act (Northern Ireland) 1966" substitute " column 4 of Part III of Schedule 4 to the Social Security Act 1973 ";

• (e) in paragraph 25(1)(a), for " the National Insurance Acts (Northern Ireland) 1966 " substitute " Part I of the Social Security Act 1973 ".

The Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1967 (c. 15)

162

In section 3 of the Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1967, the amendment made by paragraph 99 above to section 2A of the Agricultural Wages (Regulation) Act (Northern Ireland) 1939.

The Births and Deaths Registration Act (Northern Ireland) 1967 (c. 25)

163

In Schedule 2 to the Births and Deaths Registration Act (Northern Ireland) 1967, at the end, insert the following entry—

• the Social Security Act 1973 (1973 c. 38).

.

The Family Allowances and National Insurance Act (Northern Ireland) 1968 (c. 1)

164

For section 1(4) of the Family Allowances and National Insurance Act (Northern Ireland) 1968 substitute—

(4) The provisions set out in Part II of Schedule 2 shall be substituted for those of paragraph 1 of Schedule 5 to the Industrial Injuries Act.

.

The Youth Employment Service (Amendment) Act (Northern Ireland) 1968 (c. 13)

165

In section 1 of the Youth Employment Service (Amendment) Act (Northern Ireland) 1968, the amendment made by paragraph 114 above in section 7 of the Youth Employment Service Act (Northern Ireland) 1961.

The Children and Young Persons Act (Northern Ireland) 1968 (c. 34)

166

In section 119(3) of the Children and Young Persons Act (Northern Ireland) 1968, for " 38 of the National Insurance Act (Northern Ireland) 1966 " substitute " 30 of the Social Security Act 1973 ".

The Friendly Societies Act (Northern Ireland) 1970 (c. 31)

167

In section 102 of the Friendly Societies Act (Northern Ireland) 1970—

• (a) in subsection (1), for " Insurance Acts " substitute " enactments relating to national insurance and social security ";

• (b) for subsection (2) substitute—

(2) Where the Ministry of Health and Social Services furnishes a registered friendly society or branch, in connection with a claim for benefit from the society or branch, with information relating to a claim or award under those enactments, the expenses incurred in connection therewith by that Ministry or any other government department shall be treated as expenses in carrying those enactments into effect.

.

The Welfare Services Act (Northern Ireland) 1971 (c. 2)

168

In section 25(4) of the Welfare Services Act (Northern Ireland) 1971, for " 38 of the National Insurance Act (Northern Ireland) 1966 " substitute " 30 of the Social Security Act 1973 ".

169

In section 45, in the definition of "trade dispute" for " 21 of the National Insurance Act (Northern Ireland) 1966 " substitute " 14 of the Social Security Act 1973 ".

The Family Income Supplements Act (Northern Ireland) 1971 (c. 8)

170

In section 8(4) of the Family Income Supplements Act (Northern Ireland) 1971, for "the National Insurance Acts (Northern Ireland) 1966 to 1970" substitute " Part I of the Social Security Act 1973 ".

The Social Services (Parity) Order (Northern Ireland) 1971 (S.R. & O. (N.I.) 1971 (No. 224)

171

In Article 9 of the Social Services (Parity) Order (Northern Ireland) 1971, the amendment in section 13A of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 in paragraph 132 above.

The Social Security Act (Northern Ireland) 1971 (c. 28)

172

In section 1(2) of the Social Security Act (Northern Ireland) 1971, the amendments in paragraph 10A of Schedule 2 to the Supplementary Benefits &c. Act (Northern Ireland) 1966 in paragraph 161(a) above.

173

Insert the following new section after section 4—

(4A) Every appointment of an inspector under section 88(1) of the Social Security Act 1973 shall be an appointment for the purposes of the Supplementary Benefits Act as well as for those of the said Act of 1973 ; and— (a) in Part I of Schedule 22 to the said Act of 1973 references to that Act (except the first reference) shall include the Supplementary Benefits Act; and (b) in paragraph 2(1)(b) of that Schedule the reference to benefit shall include benefit within the meaning of the Supplementary Benefits Act.

.

174

At the end of section 6 add " and this section applies also, with the necessary modifications, to the provisions of the Social Security Act 1973 which correspond to those of the Insurance Act mentioned above in this section ".

The Education and Libraries (Northern Ireland) Order 1972 (S.I. 1972 No. 1263 (N.I. 12))

175

In Article 36(5) of the Education and Libraries (Northern Ireland) Order 1972, for " or national insurance (including industrial injuries)" substitute " , national insurance or social security ".

The Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972 No. 1265 (N.I. 14))

176

In Article 39(2) of the Health and Personal Social Services (Northern Ireland) Order 1972, for " 38 of the National Insurance Act (Northern Ireland) 1966 " substitute " 30 of the Social Security Act 1973 ".

SCHEDULE 28

PART I — Enactments of the Parliament of the United Kingdom

PART II — Enactments of the Parliament of Northern Ireland, and Orders in Council applying to Northern Ireland