Social Security Act 1973

Type Public General Act
Publication 1973-07-18
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Amendments of Part IV of the National Insurance Act (Northern Ireland) 1966

12

Part IV of the National Insurance Act (Northern Ireland) 1966 (determination of claims and questions), so far as it remains in force, shall be amended as shown in Part III of this Schedule and, as so amended and with the repeals effected by this Act, shall have effect as set out in Part IV of this Schedule.

National Insurance Commissioners

13
  • (1) For the purposes of section 84 of this Act, Part IV of the National Insurance Act (Northern Ireland) 1966 and Part III of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, Her Majesty may from time to time appoint for Northern Ireland, from among persons who are barristers of not less than 10 years' standing, a Chief National Insurance Commissioner and such number of other National Insurance Commissioners as Her Majesty may think fit.
  • (2) If it appears to the Chief National Insurance Commissioner (or, in the case of his inability to act, to such other of the National Insurance Commissioners as the Chief National Insurance Commissioner may have nominated to act for the purpose) that any appeal falling to be heard by one of those Commissioners involves a question of law of special difficulty, he may direct that the appeal shall be dealt with, not by that Commissioner alone, but by a tribunal consisting of any two or three of those Commissioners, and if the decision of any such tribunal is not unanimous, the decision of the majority, or, in the case of a tribunal consisting of two Commissioners, the decision of the presiding member, shall be the decision of the tribunal.
  • (3) Unless the context otherwise requires, any reference in this Act to, or falling to be construed as a reference to, a National Insurance Commissioner shall, for Northern Ireland, be construed as a reference to a Commissioner appointed under this paragraph and any reference in this Act, the National Insurance Act (Northern Ireland) 1966 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 to, or falling to be construed as a reference to, a Commissioner appointed under this paragraph shall include a reference to any tribunal constituted under sub-paragraph (2) above.

Information to be given to employees

14
  • (1) Every statement given to an employee under section 4(1) of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (particulars as to terms of employment, etc.) after the appointed day shall contain a note stating—
  • (a) whether, for the employment in respect of which the statement is given, a recognition certificate is in force ;
  • (b) if not—
  • (i) whether the employer has applied, or intends to apply, to the Occupational Pensions Board for such a certificate and, if so, when he did so or, as the case may be, intends to do so ; and
  • (ii) that, during any period in which no such certificate is in force, reserve scheme contributions will be payable under section 77 of this Act in respect of the employee's earnings from the employment.
  • (2) The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 shall be construed and amended as follows—
  • (a) any reference in subsection (5) of section 4 of the Act (alternative method of conveying information to the employee) or in subsection (4) or (6) of that section (changes in terms of employment, etc.) to that which is, or is to be, included, given or referred to in a statement under subsection (1) of that section shall be construed as including a reference to a note under sub-paragraph (1) above;
  • (b) any reference to that which is, or is to be, included, given or referred to in a statement under section 4(4) of the Act shall be construed in a corresponding way ;
  • (c) any reference in section 5(1) to (6) of the Act (employee's right of reference to industrial tribunal) shall be similarly construed, but subject to sub-paragraph (4) below ; and
  • (d) in section 4(8) of the Act (exclusion of section 4 requirements where information is given to employees in another way) after paragraph (b) there shall be added—

and (c) such a note as is mentioned in paragraph 14(1) of Schedule 25 to the Social Security Act 1973 has been given to the employee, or he has reasonable opportunities of reading such a note in the course of his employment, or such a note is made reasonably accessible to him in some other way ;

.

  • (3) Without prejudice to section 4 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 or sub-paragraph (1) above, the Secretary of State may make such regulations as he thinks expedient for requiring employers to inform their employees, and keep them informed, in such manner and at such times as may be prescribed—
  • (a) whether an employment is or is not, or will or will not be, or has ceased or may cease to be, recognised pensionable employment in relation to any category of earners ;
  • (b) as to the employer's intentions in respect of applying to the Occupational Pensions Board for a recognition certificate for any employment, or for the cancellation or variation of such a certificate ;
  • (c) that, during any period in which a recognition certificate is not in force in respect of an employment, employees in that employment will be liable for reserve scheme contributions in respect of their earnings from it;

and regulations made for the purposes of this paragraph shall include provision requiring employers to afford to those of their employees who are concerned, or to organisations representing them, reasonable opportunities of making representations with respect to the matters which are to be included in a notice under the regulations.

  • (4) Nothing in section 5 of the Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 (reference to tribunal as to particulars of terms of employment) shall authorise or require a tribunal to determine any question whether an employment is or has at any time been, or will at any time be, recognised pensionable employment, or whether reserve scheme contributions are, were or will be payable in respect of earnings from any employment.
  • (5) The Contracts of Employment and Redundancy Payments Act (Northern Ireland) 1965 and this paragraph shall be construed as if this paragraph were contained in that Act.

Regulations and orders

15
  • (1) Any regulations made by the Northern Ireland Ministry wholly or partly by virtue of any of the following provisions of this Act, namely section 3(4), 5(9), 14(4), 41 or 42, and any order made by the Northern Ireland Ministry wholly or partly by virtue of section 12(3) or made by virtue of section 49(2) shall be laid before the Parliament of Northern Ireland after being made and shall take effect on such date as may be specified in the regulations or the order but shall (without prejudice to the validity of anything done thereunder or to the making of new regulations or a new order) cease to have effect upon the expiration of a period of six months from that date unless at some time before the expiration of that period the regulations have, or the order has, been approved by a resolution of each House of that Parliament.
  • (2) Sub-paragraph (1) above shall not apply—
  • (a) to regulations under section 41 of this Act, where the instrument containing the regulations states that the regulations are made for the purpose of making provisions consequential upon the coming into force of an order under section 49(2);
  • (b) to regulations to be made for the purpose only of consolidating regulations thereby revoked;
  • (c) to regulations which, in so far as they are made under the powers conferred by the provisions mentioned in sub-paragraph (1) above, only replace provisions of previous regulations with new provisions to the same effect.
  • (3) All regulations and orders made by the Northern Ireland Ministry under this Act, other than regulations or orders to which sub-paragraph (1) above applies, shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
  • (4) Any reference in sub-paragraph (3) above to this Act shall include a reference to any enactment passed after this Act which is directed to be construed as one therewith, except in so far as the contrary intention appears in that enactment, and without prejudice to the generality of that direction.
16

Section 41(3) of the Interpretation Act (Northern Ireland) 1954 (procedure for laying statutory instruments or statutory documents before the Parliament of Northern Ireland) shall apply in relation to any instrument or document which by virtue of any provision of this Act is required to be laid before that Parliament as if it were a statutory instrument or statutory document within the meaning of that Act.

PART III — Amendments of Part IV of the National Insurance Act (Northern Ireland) 1966

17
  • (1) Throughout Part IV of the National Insurance Act (Northern Ireland) 1966 ("the Act"), except in section 69(1) and where the words first occur in section 79(1), for "the Commissioner " substitute " a Commissioner ".
  • (2) For section 63 of the Act substitute the following:—

(63) In this Part— (a) " the Social Security Act " means the Social Security Act 1973 ; (b) " benefit " means benefit under Part I of that Act or, as respects any period before the day appointed for the coming into force of section 2 of that Act, under this Act or the National Insurance Act (Northern Ireland) 1946 and " beneficiary" shall be construed accordingly ; (c) " claimant " means a person who has claimed benefit or whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution is in question; (d) " employed earner " shall be construed in accordance with section 1(7) of the Social Security Act and regulations under Part I of that Act; (e) " the Family Allowances Act " means the Family Allowances Act (Northern Ireland) 1966; (f) " the Industrial Injuries Act " means the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966 ; (g) " Ministry " and " Minister " mean respectively the Ministry of Health and Social Services and the Minister of Health and Social Services ; (h) " National Insurance Commissione r" means a Commissioner appointed under paragraph 13 of Schedule 25 to the Social Security Act; (j) " prescribed " means prescribed by regulations ; and (k) " regulations " means regulations made by the Ministry under this Act.

.

18

In section 64(1), (2), (3) and (6) of the Act for "Supreme Court" substitute " Court of Appeal ".

19

In section 64 of the Act—

  • (a) in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";
  • (b) in subsection (2), for the words from " send notice " to the end of the subsection substitute—

give notice in writing of its intention to do so— (a) in a case where the question arises on an application made to the Ministry, to the applicant; and (b) in any case to such persons as appear to it to be concerned with the question.

.

20

In section 65 of the Act—

  • (a) in subsection (1), for " 63(1)(a) to (c)" substitute " 84(1)(a) to (c) or 85(1)(a) or (b) of the Social Security Act ";
  • (b) in subsection (2), for " 63(1)(d) " substitute " 84(1)(d) of the Social Security Act ".
21

In section 67(2) of the Act for " 66(1) " substitute " 84(5) of the Social Security Act ".

22

In section 68(2) of the Act for " 63(1) or section 6(2) of the Act of 1970 " substitute " 84(1) of the Social Security Act or paragraph 13 of Schedule 7 to that Act ".

23

In section 69 of the Act—

  • (a) in subsection (1) for " the Commissioner" substitute " a National Insurance Commissioner "; and
  • (b) in paragraph (c) of that subsection for " employed persons " substitute " employed earners " , and for sub-paragraph (ii) substitute—

(ii) the question at issue in any way relates to a deceased person who was a member of the association at the time of his death.

.

24

After section 69 of the Act insert the following new section—

(69A) Where any question under the Social Security Act (not being a question to which section 84(1) of that Act or paragraph 14 of Schedule 7 to that Act applies) first arises in the course of an appeal to a local tribunal constituted under section 76 of this Act or a National Insurance Commissioner, the tribunal or Commissioner may, if they or he thinks fit, proceed to determine that question notwithstanding that it has not been considered by an insurance officer.

.

25

In section 70(1) of the Act for the words from " section 63(1) " to the end of paragraph (a) substitute—

section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies, he shall— (a) refer the latter question for determination in accordance (subject to any necessary modifications) with section 84 of that Act and sections 64 and 65 of this Act or, as the case may be, paragraph 14 of Schedule 7 to that Act; and

.

26

In section 71 of the Act—

  • (a) in subsection (1), for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";
  • (b) for paragraph (c) of subsection (1) substitute—

(c) the decision was based on the decision of any question to which section 84(1) of the Social Security Act or paragraph 14 of Schedule 7 to that Act applies and the decision of that question is revised in accordance with the provisions of section 65 of this Act or reviewed in accordance with the provisions of paragraph 15 of that Schedule.

;

  • (c) in subsections (3) and (4) for " sections 66 to 69" substitute " the sections of the Social Security Act and this Act referred to in the introductory words of subsection (1) ".
27

In section 72 of the Act—

  • (a) in subsection (1)—
  • (i) for " sections 63 to 71 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 71 ";
  • (ii) after " any other provision of this Act" insert " or the Social Security Act ";
  • (iii) after " in connection with this Act" insert " or the Social Security Act ";
  • (iv) for " 63(1)(d)" substitute " 84(1)(d) of the Social Security Act ";
  • (v) for " sections 63, 64(1) to (4), 65 " substitute " section 84(1) to (5) of the Social Security Act and sections 64(1) to (4), 65, 67 ";
  • (b) in subsection (2) for " 63(1) or 73(1)" substitute " 84(1) of the Social Security Act ";
  • (c) in subsection (4)—
  • (i) for " Supreme Court" (twice) substitute " Court of Appeal ";
  • (ii) for " subsections (5) and (6)" substitute " subsection (6) ";
  • (iii) for " they apply " substitute " it applies ".
28

In section 74 of the Act—

  • (a) in subsection (1) for " provisions of sections 63 to 71 " substitute " foregoing provisions of this Part and of section 84(1) to (5) of the Social Security Act;
  • (b) after subsection (1) insert—

(1A) Subsection (1) shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision ; and this subsection applies not only to subsection (1) but also to provisions of earlier Acts corresponding to that subsection and applies as regards the effect to be given in any proceedings to any decision, whether the decision was given or the proceedings commenced before or after the passing of the Social Security Act.

;

  • (c) in subsection (2)—
  • (i) for " sections 63" substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 ";
  • (ii) after paragraph (c) insert—

(d) that in such cases as may be prescribed one or more medical practitioners shall sit with a local tribunal either as additional members or as assessors and for the appointment by the Ministry of medical practitioners to act for this purpose either generally or for such cases or for such tribunals as the Ministry may determine ; (e) for extending and defining the functions of assessors for the purposes of this Act; (f) for empowering the Ministry, a local tribunal or an insurance officer to refer to a medical practitioner for examination and report any question arising for its, their or his decision ; (g) for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of the determination of, or of any question arising on, any claim if, in the opinion of the prescribed authority, being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made, disclosure of those particulars to that person would be undesirable in the interests of that person ;

;

  • (iii) for " sections 63 to 73 " substitute " section 84(1) to (5) of the Social Security Act and sections 64, 65 and 67 to 72 ".
29

In section 75 of the Act—

  • (a) in subsection (1)—
  • (i) for " benefit under this Act" substitute " benefit under Part I of the Social Security Act ";
  • (ii) for " 63(1)(a) " substitute " 84(1)(a) of that Act ";
  • (iii) for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";
  • (b) in subsection (2) for " purposes of this Act" substitute " purposes of the Social Security Act ".
30

In section 76 of the Act—

  • (a) in subsection (1)—
  • (i) for " sections 66 " substitute " section 84(5) of the Social Security Act and sections 67 ";
  • (ii) in paragraph (a) for "insured persons other than employed persons" substitute " earners other than employed earners ";
  • (iii) in paragraph (b) for " employed persons " substitute " employed earners ";
  • (b) in subsection (3) for " insured persons " substitute (in both places) " employed earners ";
  • (c) in subsection (5)(a)(iii) for " 63(3)" substitute " 84(4) of the Social Security Act ".
31

In section 78 of the Act—

  • (a) at the beginning there shall be inserted the following subsection—

(1) A National Insurance Commissioner shall retire when he attains the age of seventy-two years ; but where a Commissioner who is remunerated by means of a salary would, if he were so to retire, not have completed fifteen years' service, he may continue in office until the end of the completed year of service in which he completes fifteen years' service or attains the age of seventy-five years, whichever first occurs. For the purposes of this section and Part II of the Judicial Pensions Act (Northern Ireland) 1951, service before the coming into force of paragraph 13 of Schedule 25 to the Social Security Act by any person as a Commissioner, deputy Commissioner, umpire or deputy umpire for the purposes of this Act, the Industrial Injuries Act or the enactments re-enacted by this Act and that Act and remunerated by means of a salary shall be treated as service by that person as a Commissioner appointed under that paragraph and so remunerated.

;

  • (b) in subsection (2)(a), for " section 9(3) of the National Insurance (No. 2) Act (Northern Ireland) 1966 " substitute " subsection (1) ";
  • (c) in subsection (4), after "this Act" insert " the Industrial Injuries Act or the Social Security Act ".
32

In section 79 of the Act—

  • (a) in subsection (1) for " the Commissioner", where those words first occur, substitute " a National Insurance Commissioner "; and
  • (b) in subsection (3) for " the foregoing provisions of this Part" substitute " this Act, the Social Security Act ".
33

In section 80 of the Act—

  • (a) in subsection (1)—
  • (i) for " subsections (2) to (5)" substitute " subsection (2) ";
  • (ii) for the words from " the National" to " Act of 1970) " substitute " the Ministry of any benefit ";
  • (b) after subsection (1) insert—

(1A) Any sums repaid to the Ministry in pursuance of subsection (1) shall— (a) be paid by it into the Exchequer insofar as they represent benefit which under section 46(1)(a) of the Social Security Act is not payable out of the Northern Ireland National Insurance Fund ; and (b) otherwise be paid by it into that Fund

;

  • (c) in subsection (3)(a) after " contributions" insert " under Part I of the Social Security Act or contributions or premiums under Part III of that Act. ".

PART IV — Part IV of the National Insurance Act (Northern Ireland) 1966 as amended

SCHEDULE 26

Supersession of National Insurance Acts, but with continuity

1

Subject to the following provisions of this Schedule, on and after the appointed day no person shall be insured under the former principal Act or entitled to benefit under that Act.

2
  • (1) Regulations may provide that, in relation to—
  • (a) persons who cease by virtue of paragraph 1 above to be insured under the former principal Act,
  • (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 the appointed day ; and
  • (c) persons who had a prospective right to, or expectation of, any benefit under that Act immediately before the appointed day,

the provisions of this Act (other than this Schedule) shall have effect subject to such modifications as may be prescribed with a view to securing continuity between this Act and the former principal Act.

  • (2) Without prejudice to the generality of the powers conferred by sub-paragraph (1) above, regulations under that sub-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 former principal Act or the National Insurance Act 1946, or any enactment repealed by the last-mentioned Act.
  • (3) Regulations may provide that this Act (except this sub-paragraph) shall have effect subject to prescribed modifications in relation to persons who attained the age of 19 before the day appointed for the coming into force of section 2 and who, immediately before that day, were not insured under the former principal Act.
3
  • (1) Regulations may make such provision as the Secretary of State thinks appropriate for enabling unpaid contributions under the former legislation to be recovered and disposed of under paragraphs 9 to 14 of Schedule 23 to this Act (applying those paragraphs by analogy and with the necessary modifications) in the case of a person being convicted of such an offence as is mentioned in paragraph 7 or 8(a) of that Schedule committed in the period of two years beginning with the day appointed for the coming into force of section 2 of this Act.
  • (2) For this purpose—
  • (a) " the former legislation " means the former principal Act, section 1 of the National Health Service Contributions Act 1965, section 2(1)(a) of the Industrial Injuries Act and section 27 of the Redundancy Payments Act 1965 ; and
  • (b) " contributions " includes payments in lieu of contributions for the purposes of Part III of the former principal Act.

Continuance in force of existing provisions

4

Notwithstanding any repeal effected by this Act, provision may be made by regulations for continuing in force, with or without prescribed modifications, such provisions of the former principal Act or any other enactment specified in the third column of Schedule 28 to this Act 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 this Act are not conferred in pursuance of paragraph 2 above, or for temporarily retaining the effect of those provisions for transitional purposes.

5

In the foregoing provisions of this Schedule, any reference to benefit under the former principal 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 (which relates to pre-1948 beneficiaries).

General

6
  • (1) Without prejudice to the powers conferred by any other provision of this Act, regulations may make such provision as the Secretary of State considers appropriate for facilitating the introduction of the basic scheme and reserve pension scheme established by Parts I and III of this Act respectively and of the provisions of Part II of this Act relating to the recognition of employments, for modifying the system of insurance contained in the former principal Act (so far as it continues in force after the passing of this Act), so as to bring it into conformity with those schemes and provisions or for facilitating the winding up of that system of insurance or the disposal of matters connected with that system or with any enactment modified or repealed by this Act.
  • (2) Regulations under this paragraph may—
  • (a) include provisions modifying any enactment specified in the third column of Schedule 28 to this Act or any instrument in force by virtue of such an enactment, as respects any period during which the enactment continues in force after the passing of this Act;
  • (b) provide for the repeal or modification of any enactment by this Act to have effect subject to prescribed savings ;
  • (c) include provisions for making such modifications of any enactment as the Secretary of State considers appropriate having regard to any modifications which, by virtue of paragraph 4 above are made in provisions of the former principal Act continued in force by virtue of that paragraph.
7

Her Majesty may by Order in Council provide—

  • (a) that any Order in Council under section 105 of the former principal Act (which relates to reciprocity agreements) shall, for the purposes of that section or of that section and section 50 of this Act, have effect with such modifications as may be specified in the Order under this paragraph and shall have effect as if any reference in those sections to an agreement included a reference to a proposed agreement;
  • (b) that any Order in Council under section 84 of the Industrial Injuries Act and any regulations having effect by virtue of section 22(2) of the Family Allowances Act (which also relate to reciprocity agreements) shall have effect with such modifications as may be so specified.
8

Any instrument (except any regulations, Order in Council and any other order) and any appointment which is in force immediately before the appointed day and was made or has effect as if made under an enactment repealed by this Act shall, in so far as a corresponding instrument or appointment is capable of being made under any provision of this Act, be deemed to be so made except to the extent that regulations otherwise provide, and any reference in any document to an enactment repealed and re-enacted by this Act with or without modifications shall, in so far as the context permits, be construed as a reference to this Act or the corresponding enactment therein.

SCHEDULE 27

PART I — Enactments of the Parliament of the United Kingdom

The Bankruptcy (Scotland) Act 1913 (c. 20)

1

In section 118(1) of the Bankruptcy (Scotland) Act 1913—

  • (a) in paragraph (a), after "income tax" insert " or Class 4 contributions under Part I of the Social Security Act 1973 ";
  • (b) for paragraph (f) substitute—

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

.

The Bankruptcy Act 1914 (c. 59)

2

In section 33(1) of the Bankruptcy Act 1914—

  • (a) in paragraph (a), after " income tax" insert " or Class 4 contributions under Part I of the Social Security Act 1973 ";
  • (b) for paragraph (f) substitute—

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

.

3

In Schedule 2, paragraph 9, for "payable under the National Insurance Act, 1911 " substitute " or premiums payable under Part I or Part III of the Social Security Act 1973 ".

The Unemployment Insurance Act 1935 (c. 8)

4

In section 80(1) of the Unemployment Insurance Act 1935, for " the National Insurance Act, 1946" substitute " Part I of the Social Security Act 1973 ".

The Road Haulage Wages Act 1938 (c. 44)

5

In section 6(2) of the Road Haulage Wages Act 1938, for " the National Insurance (Industrial Injuries) Act, 1946" substitute " Part I of the Social Security Act 1973 ".

The Fire Services Act 1947 (c. 41)

6

In section 26(2) of the Fire Services Act 1947, in paragraph (f), for "National Insurance (Industrial Injuries) Act, 1946, or the National Insurance Act, 1946," substitute " enactments relating to national insurance and social security ".

The National Assistance Act 1948 (c. 29)

7

In section 50(4) of the National Assistance Act 1948, for the words from " of this section " onwards substitute " of this section, less any amount received by the authority by way of death grant in respect of that death under section 30 of the Social Security Act 1973. ".

8

In section 64(1), for the definition of " trade dispute" substitute—

  • " trade dispute " has the meaning given, for the purpose of section 14 of the Social Security Act 1973, by subsection (6)(b) of that section ;

.

The Companies Act 1948 (c. 3.8)

9

In section 319 of the Companies Act 1948—

  • (a) in subsection (1), 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

;

  • (b) in subsection (8)(c), for the words from " National Insurance " onwards substitute " Social Security Act 1973 as earnings paid in that period ; and ".

The Industrial Assurance and Friendly Societies Act 1948 (c. 39)

10

In section 7 of the Industrial Assurance and Friendly Societies Act 1948—

  • (a) for " National Insurance Act, 1946 " substitute " enactments relating to national insurance and social security "; and
  • (b) for " the said Act of 1946 " substitute " those enactments ".

The Law Reform (Personal Injuries) Act 1948 (c. 41)

11

In section 2 of the Law Reform (Personal Injuries) Act 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 Northern Ireland); 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 Children Act 1948 (c. 43)

12

In section 18(2) of the Children Act 1948, for the words from " the said subsection (1)" onwards substitute " the said subsection (1), less any amount received by the authority by way of death grant in respect of that death under section 30 of the Social Security Act 1973. ".

The Juries Act 1949 (c. 27)

13

In section 1(1)0) of the Juries Act 1949 (as substituted by section 27 of the Criminal Justice Act 1972), after " national insurance " insert " and social security ".

The Justices of the Peace Act 1949 (c. 101)

14

In section 8(1) of the Justices of the Peace Act 1949 (as amended by section 4 of the Justices of the Peace Act 1968 and set out in Schedule 4 to that Act), for " the National Insurance Acts 1965 to 1967 " substitute " the enactments relating to national insurance and social security ".

The Fire Services Act 1951 (c. 27)

15

In section 2 of the Fire Services Act 1951, for subsection (4) substitute—

(4) Nothing in subsection (1) of this section shall affect the operation of the enactments relating to national insurance and social security, but the Firemen's Pension Scheme may provide for the reduction or withholding of awards under the Scheme where, in respect of the same matters, benefit is payable under those enactments and awards may be made under the Scheme.

.

The Local Government Superannuation Act 1953 (c. 25)

16

In section 25 of the Local Government Superannuation Act 1953, in paragraph (a) of the proviso to subsection (1), for "twenty-two of the National Insurance Act 1946 " substitute " 30 of the Social Security Act 1973 ".

The Friendly Societies Act 1955 (4 Eliz. 2. c. 19)

17

In section 9 of the Friendly Societies Act 1955—

  • (a) in subsection (1), for "Insurance Acts" substitute " enactments relating to national insurance and social security ";
  • (b) for subsection (2) substitute—

(2) Where the Secretary of State 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 the Secretary of State or any other government department shall be treated as expenses in carrying those enactments into effect.

.

The House of Commons Disqualification Act 1957 (c. 20)

18

In Schedule 1 to the House of Commons Disqualification Act 1957, in Part III, for the entry beginning " Chairman or Reserve Chairman of a Local Tribunal constituted for the purposes of the National Insurance Act 1965 " substitute—

  • Chairman of a Local Tribunal constituted under section 77 of the National Insurance Act 1965 or section 76 of the National Insurance Act (Northern Ireland) 1966.

;

and in the Part substituted for Part III of Schedule 1 to that Act in relation to the Senate and House of Commons of Northern Ireland, for the corresponding entry substitute—

  • Chairman of a Local Tribunal constituted under section 76 of the National Insurance Act (Northern Ireland) 1966.

.

The Public Records Act 1958 (c. 51)

19

In Schedule 1 to the Public Records Act 1958—

  • (a) in the second column of the Table, at the end of paragraph 3, after the entry relating to the Pneumoconiosis and Byssinosis Benefit Board, insert—
Occupational Pensions Board. Reserve Pension Board.

.

  • (b) the second column of that Table shall continue to have effect subject to the amendment made by paragraph 2 of Part I of Schedule 2 to the National Insurance (Old persons' and widows' pensions and attendance allowance) Act 1970, that is to say, after the entry relating to the Industrial Injuries Advisory Council, there shall continue to be inserted the following entry—
Attendance Allowance Board.

.

The Fatal Accidents Act 1959 (c. 65)

20

In section 2(2) of the Fatal Accidents Act 1959, in the definition of " benefit", for the words from " National Insurance " to " Parliament of" substitute " enactments relating to national insurance and social security including enactments in force in ".

The Wages Councils Act 1959 (c. 69)

21

In section 14(1) of the Wages Councils Act 1959, in paragraph (a), for " National Insurance (Industrial Injuries) Act 1946, the National Insurance Act 1946 " substitute " enactments relating to national insurance and social security ".

The Education Act 1962 (c. 12)

22

In section 9 of the Education Act 1962, in the proviso to subsection (5), for " or national insurance (including industrial injuries insurance)" substitute " national insurance and social security ".

The Administration of Justice Act 1964 (c. 42)

23

In section 17(2)(b) of the Administration of Justice Act 1964, for " employer's contributions payable in respect of those officers under the National Insurance Acts 1946 to 1963 " substitute " secondary Class 1 contributions, secondary reserve scheme contributions and reserve scheme premiums payable in respect of those officers under Part I or, as the case may be, Part III of the Social Security Act 1973 ".

The Diplomatic Privileges Act 1964 (c. 81)

24

In section 2(4) of the Diplomatic Privileges Act 1964, for the words from " which is insurable employment" 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 National Insurance (Industrial Injuries) Act 1965 (c. 52)

25

In section 5(4) of the Industrial Injuries Act, for " sections 75 and 76 of this Act" substitute " section 76 of this Act and section 94(8) of the Social Security Act ".

26

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

27

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.

.

28

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

29

In section 17(5), for "29 of the Insurance Act" substitute " 22 of the Social Security Act ".

30

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

31

Section 27(2) shall continue to have effect subject to the amendment made by section 2(1) of the National Insurance &c. Act 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.

.

32

For section 28(1) substitute—

(1) Subject to the provisions of this Act, every assignment of, or charge on, benefit, and every agreement to assign or charge benefit, shall be void, and, on the bankruptcy of a beneficiary, the benefit shall not pass to any trustee or other person acting on behalf of his creditors. (1A) In the application of subsection (1) of this section to Scotland— (a) the reference to assignment of benefit shall be read as a reference to its assignation, " assign " being construed accordingly ; (b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 14 of the Bankruptcy (Scotland) Act 1913 or section 15 of the Solicitors (Scotland) Act 1958.

.

33

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 ".

34

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

35

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,

.

36

In section 35—

  • (a) in subsection (2), for " 64(1)(d) of that Act" substitute " 84(1)(d) of the Social Security Act ";
  • (b) in subsection (3), for the words from "subsection (1)(a) to (e)" onwards substitute " subsection (1)(a) of this section as it applies in relation to any question arising under the Social Security Act such as is mentioned in section 84(1)(a) of that Act ";
  • (c) in subsection (4) for "the said section 64(1 )(a) to (c) of that Act" substitute " section 84(1)(a) of the Social Security Act ".
37

In section 50—

  • (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 " ".
38

In section 54—

  • (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 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 ".

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