Social Security Act 1975

• (1) For the purpose of determining whether a person is entitled—

• (a) to an increase of a disablement pension under section 61 of this Act (constant attendance allowance); or

• (b) to a corresponding increase by virtue of section 159(3)(b) of this Act or section 7(3)(b) of the Old Cases Act of any other benefit,

regulations may provide for the extent of the person's disablement resulting from the relevant injury or disease to be determined in such manner as may be provided for by the regulations by reference to all disabilities to which that person is subject which result either from the relevant injury or disease or from any other injury or disease in respect of which there fall to be made to the person payments of any of the descriptions listed in sub-paragraph (2) below.

• (2) Those payments are—

• (a) payments by way of disablement pension under Part II of this Act, Chapter IV or V ;

• (b) payments such as are referred to in section 159(1) of this Act ;

• (c) payments by way of benefit under section 5 of the Old Cases Act;

• (d) payments in such circumstances as may be prescribed by way of such other benefit as may be prescribed (being benefit in connection with any hostilities or with service as a member of Her Majesty's forces or of such other organisation as may be specified in the regulations).

SCHEDULE 9

1

Where two or more persons satisfy the conditions, in respect of the same death, for receipt of an allowance or allowances under section 70 of this Act for any period—

• (a) not more than one of those persons shall be entitled for that period to such an allowance in respect of the same child, nor shall more than one of them be entitled for that period, in respect of different children, to such an allowance at a rate applicable to an only, elder or eldest child ;

• (b) where one of them is entitled to such an allowance at a rate above mentioned in respect of a child not included in the family of the other or another of them, the rates of any such allowances to which that other is entitled shall be those that would have been appropriate if the child had been the elder or eldest child of that other's family;

• (c) where the deceased leaves a widow or widower, then for any period for which she or he is entitled to death benefit as the deceased's widow or widower and satisfies the conditions for receipt of such an allowance in respect of a child, she or he shall be entitled to the allowance in respect of that child, and any allowance payable to her or him in respect of the only, elder or eldest child or her or his family shall be payable at a rate applicable to such a child ;

• (d) subject to sub-paragraph (c) above, regulations may make provision as to the priority in any prescribed circumstances of two or more persons satisfying the said conditions.

2

Where two or more persons satisfy the conditions, in respect of the same death, for receipt of—

• (a) a pension under section 72 of this Act; or

• (b) an allowance under section 73,

only one of those persons shall be entitled to the pension or allowance, as the case may be.

3

No person shall be entitled in respect of the death of a person to a pension under section 72 where any person is entitled in respect of the deceased's death to a pension as the deceased's widow or widower or the deceased's parent.

4

• (1) Where a person would but for paragraph 2 or 3 above be entitled in respect of another person's death to a pension under section 72, he shall, subject to the following provisions of this Schedule, be entitled in lieu thereof to a gratuity.

• (2) The amount of any gratuity payable by virtue of this paragraph shall, subject to section 74 of this Act and the subsequent provisions of this Schedule, be £104; and any such gratuity shall be payable, if and in such cases as regulations so provide, by instalments.

• (3) No person shall be entitled in respect of a person's death both to a gratuity under this paragraph and to an allowance under section 72.

5

No person shall be entitled in respect of a person's death both to an allowance under section 73 and to a pension or gratuity, or to an allowance both under section 72 and under section 73.

6

• (1) The death benefit payable in respect of a person's death by way of parents' gratuities shall not exceed £78.

• (2) The death benefit so payable by way of relatives' gratuities shall not exceed £52 except where either—

• (a) no person is entitled in respect of the deceased's death to a pension; or

• (b) some person is entitled in respect thereof to a gratuity in lieu of a pension,

and shall not in any case exceed £104.

• (3) The limits imposed by sub-paragraph (2) above may be applied either by excluding from the right to a gratuity some of the persons satisfying the conditions for receipt thereof, or by reducing in any proportions the gratuities payable to those persons, or partly in one way and partly in the other; and regulations may make provision as to the manner in which any of the limits imposed by this paragraph are to be applied in any prescribed circumstances.

7

• (1) A person shall be treated for the purposes of this Schedule as satisfying the conditions for the receipt of a pension under section 72, notwithstanding that he is a child, if he may satisfy those conditions on ceasing to be a child.

• (2) The provision of this Schedule limiting the number of persons entitled to a pension under section 72 shall not preclude a person from becoming so entitled on ceasing to be a child by reason only of some other person having previously been so entitled.

• (3) For the purposes of paragraph 6(2) above, any pension or gratuity under section 72 to which a person may become entitled on ceasing to be a child shall be disregarded.

8

• (1) Where a person entitled, or who may become entitled, to any such benefit as is mentioned in this Schedule dies within the prescribed time after the deceased without being awarded that benefit, that person shall be disregarded for the purposes of this Schedule, except in so far as it relates to an allowance under section 70 of this Act:

Provided that, where an award of benefit in respect of the deceased's death, based on the fact that that person was or might become so entitled, has been made in favour of some other person, the death of the first-mentioned person shall not affect that award so as to deprive that other person of any benefit thereby awarded, except where, by reason of the first-mentioned person's death, a further award of benefit of a different description is made on review in favour of that other person.

• (2) For the purposes of this paragraph, a person shall be treated—

• (a) as having died without being awarded benefit if an award of benefit in his favour in force at his death is thereafter reversed on appeal or review; and

• (b) as not having died without being awarded benefit if an award of benefit is, on a claim made by him before his death, made after his death and not reversed as aforesaid.

SCHEDULE 10

Panels for appointment to local tribunals

1

• (1) The panels referred to in section 97(2) of this Act shall be constituted by the Secretary of State for the whole of Great Britain, and each panel shall relate to such area as the Secretary of State thinks fit, and be composed of such persons as the Secretary of State sees fit to appoint.

• (2) Before appointing members to either of the panels, the Secretary of State may take into consideration any recommendations from any local committee representing employers or employed earners or both, or from organisations concerned with the interests of employers or employed earners, including friendly societies or organisations representative of friendly societies.

• (3) The members of the panels shall hold office for such period as the Secretary of State may direct:

Provided that the Secretary of State may at any time terminate the appointment of any member of a panel.

• (4) So far as practicable, each member of a panel shall be summoned in turn to serve upon a local tribunal:

Provided that—

• (a) no member of a panel shall sit upon a local tribunal during the consideration of a case—

• (i) in which he appears as the representative of the claimant; or

• (ii) by which he is or may be directly affected ; or

• (iii) in which he has taken any part as an official of an association, or as an employer, or as a witness, or as a person to whom any question arising thereon has been referred for examination and report in accordance with section 93(3) of this Act or with regulations under section 114(1), or otherwise ;

• (b) where the benefit claimed is unemployment benefit, the member chosen from the first panel shall, if practicable, be a representative of employers ; and

• (c) in any case in which the claimant is a woman, at least one of the members of the tribunal, if practicable, shall be a woman.

Tribunal chairmen

2

• (1) A person appointed to act as chairman of a local tribunal shall hold and vacate office in accordance with the terms of his letter of appointment.

• (2) Where several persons are appointed to act as chairmen for a particular area they shall as far as practicable be invited to preside over a tribunal in turn :

Provided that this sub-paragraph shall not apply to a person expressly appointed to serve as a substitute when some other person may be unwilling or unable to act.

Expenses of tribunal members and others

3

• (1) The Secretary of State may pay—

• (a) to any person (other than a Commissioner) appointed under Part III of this Act to determine questions or as a member of, or assessor to, any tribunal constituted under that Part, such remuneration and such travelling and other allowances ;

• (b) to any person required to attend at any proceedings or inquiry under Part III, such travelling and other allowances ; and

• (c) such other expenses in connection with the work of any person, tribunal or inquiry appointed or constituted under any provision of that Part (other than a tribunal presided over by a Commissioner),

as the Secretary of State with the consent of the Minister for the Civil Service may determine.

• (2) The Secretary of State may pay to persons required under this Act (whether for the purposes of this Act or otherwise) to attend for or to submit themselves to medical or other examination or treatment such travelling and other allowances as he may determine with the consent of the Minister for the Civil Service.

• (3) In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time:

Provided that such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this paragraph.

Commissioners' remuneration etc., and their pensions

4

The Secretary of State shall pay to a National Insurance Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as may be determined by the Minister for the Civil Service.

5

• (1) The Secretary of State may from time to time recommend to the Minister for the Civil Service that there shall be paid out of money provided by Parliament to a National Insurance Commissioner an annual sum by way of superannuation allowance calculated in accordance with sub-paragraph (2) below if either—

• (a) he is at the time of his retirement over the age of 72 or, where he retires after 15 years' service, the age of 65 ; or

• (b) the Secretary of State is satisfied by means of a medical certificate that at the time of his retirement he is, by reason of infirmity of mind or body, incapable of discharging the duties of his office and that the incapacity is likely to be permanent.

• (2) When the number of completed years of service is as specified in column 1 of the Table below, the annual allowance shall not exceed the fraction of the last annual salary respectively specified in the second column of the Table—

Years of service	Fraction of salary
Less than 5	6/40ths
5	10/40ths
6	ll/40ths
7	12/40ths
8	13/40ths
9	14/40ths
10	15/40ths
11	16/40ths
12	17/40ths
13	18/40ths
14	19/40ths
15 or more	20/40ths

• (3) For the purposes of sub-paragraphs (1) and (2) above—

• (a) service as Commissioner which is not remunerated by means of a salary shall be disregarded ;

• (b) the Minister for the Civil Service may by regulations provide for counting as service as Commissioner pensionable service in any other capacity under the Crown.

• (4) The decision of the Minister for the Civil Service shall be final on any question arising as to—

• (a) the amount of any superannuation allowance under this paragraph; or

• (b) the reckoning of any service for the purpose of calculating such an allowance.

• (5) This paragraph is without prejudice to the pension benefits conferred by the Administration of Justice (Pensions) Act 1950.

Commissioners' pensions: supplementary

6

• (1) Sub-paragraph (2) below applies where—

• (a) the rate of the superannuation allowance payable to a person under paragraph 5(1) above as National Insurance Commissioner is or would be increased by virtue of regulations made under paragraph 5(3)(b) in respect of service in some other capacity ; and

• (b) a pension payable to him wholly in respect of service in that other capacity would have been paid and borne otherwise than out of money provided by Parliament.

• (2) Any pension benefits paid to or in respect of him as having been Commissioner shall, to such extent as the Minister for the Civil Service may determine, having regard to the relative length of service and rate of remuneration in each capacity, be paid and borne in like manner as that in which a pension payable to him wholly in respect of service in that other capacity would have been paid or borne.

• (3) In paragraph 5 and in this paragraph—

• (a) " pension" includes any superannuation or other retiring allowance or gratuity, and "pensionable" shall be construed accordingly; and

• (b) "pension benefits" includes benefits payable on retirement or death by way of lump sum or gratuity, and benefits payable in respect of a person's service or employment to other persons by way of widow's or orphan's pension or otherwise.

SCHEDULE 11

PART I — Membership of Board and Method of discharging Functions

1

• (1) Subject to the following sub-paragraph, the Board shall consist of a chairman appointed by the Secretary of State and not less than 4 nor more than 9 other members so appointed; and all except 2 of the members appointed in pursuance of this sub-paragraph must be, and those 2 or either of them may be, medical practitioners.

• (2) The Secretary of State may appoint such persons as he considers are specially qualified for the purpose, whether medical practitioners or not, to be additional members of the Board ; but such a member shall not be entitled to act as a member of the Board in relation to any functions conferred on the Board otherwise than under section 140 of this Act.

2

The House of Commons Disqualification Act 1957 shall continue with the Attendance Allowance Board included in Part II of Schedule 1 to that Act (bodies of which all members are disqualified for membership of the House of Commons) at the place where it was inserted in the Schedule by Schedule 2 to the National Insurance Act 1970.

3

The Board may appoint persons as advisers to the Board on matters on Which in the Board's opinion those persons are specially qualified.

4

The Board may refer any individual case for investigation and report to one or more persons specially qualified in the Board's opinion to investigate that case.

5

The Board may delegate any of their functions in respect of any individual case to one or more medical practitioners and any functions so delegated shall be exercised by the practitioners in accordance with any directions of the Board.

PART II — Personnel, Administration and Expenses

6

The chairman and other members of the Board shall hold office for such period of not more than 5 nor less than 3 years as the Secretary of State may determine; but any member—

• (a) shall be eligible for re-appointment from time to time on or after the expiration of his term of office ; and

• (b) may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for re-appointment.

7

The Secretary of State may remove a member of the Board on the ground of incapacity or misbehaviour.

8

Nothing in paragraphs 6 and 7 above applies to an additional member of the Board appointed in pursuance of paragraph 1(2); and each such member shall hold office for such period as the Secretary of State may determine, but the Secretary of State may at any time by notice in writing to the member terminate or alter that period and the member may at any time by notice in writing to the Secretary of State resign office.

9

The Secretary of State shall make arrangements for securing that such of his officers and servants as he considers to be required for the exercise of the Board's functions are available to act as officers and servants of the Board.

10

The expenses of the Board to such an amount as may be approved by the Minister for the Civil Service shall be paid by the Secretary of State.

11

There may be paid as part of the expenses of the Board—

• (a) to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances ;

• (b) to persons attending their meetings at the request of the Board, such travelling and other allowances (including compensation for loss of remunerative time) ; and

• (c) to persons appointed advisers to the Board or to whom individual cases are referred by the Board or the exercise of any of the Board's functions is delegated, such fees,

as the Secretary of State may with the consent of the Minister for the Civil Service determine.

12

Subject to any directions given to them by the Secretary of State, the Board may—

• (a) act notwithstanding any vacancy among their members ; and

• (b) regulate their own procedure (including the quorum).

SCHEDULE 12

1

Medical boards shall be appointed by the Secretary of State and shall consist of two or more medical practitioners of whom one shall be appointed as chairman:

2

Medical appeal tribunals shall be appointed by the Secretary of State and shall consist of a chairman and two medical practitioners.

3

Subject to the foregoing paragraphs, the constitution of medical boards and medical appeal tribunals shall be determined by regulations.

4

The Secretary of State may pay—

• (a) to the chairman and other members of a medical board or medical appeal tribunal; and

• (b) to a medical practitioner appointed to act instead of a medical board,

such remuneration, and such travelling and other allowances, as he may determine.

5

The Secretary of State may pay to persons required to attend on the consideration of a case—

• (a) before a medical board or medical appeal tribunal, or

• (b) before a medical practitioner acting in place of a medical board,

such travelling and other allowances as he may determine.

6

The Secretary of State may pay such other expenses as he may determine, being expenses incurred in connection with the work of medical boards and medical appeal tribunals, and medical practitioners acting in place of a medical board.

7

The consent of the Minister for the Civil Service shall be required for any determination by the Secretary of State under paragraphs 4 to 6 above.

8

In the above paragraphs references to travelling and other allowances include compensation for loss of remunerative time ; but such compensation shall not be paid to a person in respect of any time during which he is in receipt of remuneration under this Schedule.

SCHEDULE 13

1

Provision prescribing the procedure to be followed in connection with the consideration and determination of claims and questions by the Secretary of State and a competent tribunal, or in connection with the withdrawal of a claim.

2

Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.

3

Provision as to the time to be allowed for producing any evidence, or for making an appeal.

4

Provision as to the manner in which, and the time within which, a question may be raised with a view to its decision by the Secretary of State under Part III of this Act, or with a view to the review of a decision under that Part.

5

Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.

6

Provision for authorising a competent tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.

7

Provision for giving the chairman or acting chairman of a competent tribunal consisting of two or more members a second or casting vote where the number of members present is an even number.

8

Provision for empowering the Secretary of State, an insurance officer or a competent tribunal to refer to a medical practitioner for examination and report any question arising for his or their decision.

9

Provision—

• (a) 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

• (b) for the appointment by the Secretary of State of medical practitioners to act for this purpose either generally or for such cases and for such tribunals as the Secretary of State may determine,

and for extending and defining the functions of assessors for the purposes of this Act.

10

Provision 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 his interests.

11

Provision for requiring or authorising the Secretary of State to hold, or to appoint a person to hold, an inquiry in connection with the consideration of any question by the Secretary of State.

SCHEDULE 14

Preliminary

1

In this Schedule, " the commencing date " means the date fixed for payment of benefit at an altered rate to commence.

Awards before commencing date

2

• (1) Where the weekly rate of benefit is altered to a fixed amount higher or lower than the previous amount, and before the commencing date an award of that benefit has been made (whether before or after the passing of the relevant Act or the making of the relevant order), then subject to such exceptions or conditions as may be prescribed the benefit shall, except as respects any period falling before the commencing date, become payable at the altered rate without any claim being made for it in the case of an increase in the rate of benefit or any review of the award in the case of a decrease, and the award shall have effect accordingly.

• (2) Where the weekly rate of benefit is altered, and before the commencing date (but after that date is fixed) an award is made of the benefit, the award either may provide for the benefit to be paid as from the commencing date at the altered rate or may be expressed in terms of the rates appropriate at the date of the award.

Variation of disablement gratuities

3

Where in consequence of the passing of an Act, or the making of an order, altering the rate of disablement pension under section 57 of this Act, regulations are made varying the scale of disablement gratuities under section 57(5), the regulations may provide that the scale as varied shall apply only in cases where the period taken into account by the assessment of the extent of the disablement in respect of which the gratuity is awarded begins or began after such day as may be prescribed.

Benefit in respect of children or adult dependants

4

Where for any purpose of this Act or the Old Cases Act, or regulations made by virtue of either Act, the weekly rate at which a person contributes to the cost of providing for a child, or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit, but account is to be taken of amounts referable to the period before the commencing date, then those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit; but this paragraph has effect subject to such exceptions or conditions (if any) as may be prescribed.

SCHEDULE 15

PART I — Constitution etc. of Committee

1

The Committee shall consist of a chairman appointed by the Secretary of State and not less than 6 nor more than 10 other members so appointed.

2

Subject to paragraph 4 below, the chairman and other members of the Committee shall hold office for such period of not more than 5 nor less than 3 years as the Secretary of State may determine ; but any member—

• (a) shall be eligible for reappointment from time to time on or after the expiration of his term of office ;

• (b) may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment.

3

Of the members of the Committee (other than the chairman) there shall be appointed—

• (a) one after consultation with organisations representative of employers ;

• (b) one after consultation with organisations representative of workers ;

• (c) one after consultation with friendly societies registered under the Friendly Societies Act 1974 or organisations representative of such societies ; and

• (d) one after consultation with the Head of the Northern Ireland Department;

and the Committee shall include at least one prson with experience of work among, and of the needs of, the chronically sick and disabled and in selecting any such person regard shall be had to the desirability of having a chronically sick or disabled person.

4

The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.

5

The Secretary of State shall appoint a secretary to the Committee, and may appoint such other officers and such servants to the Committee, and there shall be paid to them such salaries and allowances, as the Secretary of State may with the consent of the Minister for the Civil Service determine.

6

The Committee may appoint persons as their advisers on matters on which in the Committee's opinion those persons are specially qualified.

7

The expenses of the Committee to such an amount as .may be approved by the Minister for the Civil Service shall be paid by the Secretary of State.

8

There may be paid as part of the expenses of the Committee—

• (a) to all or any of the members of the Committee, such salaries or other remuneration and travelling and other allowances,

• (b) to persons attending their meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time), and

• (c) to persons who are not members of the Committee but who at the invitation of the Committee act as advisers at meetings of the Committee held to consider matters on which those persons are specially qualified or otherwise, such fees,

as the Secretary of State may with the consent of the Minister for the Civil Service determine.

9

The Committee may act notwithstanding any vacancy among the members.

10

The Committee may make rules for regulating their procedure (including the quorum).

PART II — Regulations not Requiring Prior Submission to Committee

11

Regulations relating only to industrial injuries benefit or its administration.

12

Regulations made by virtue of section 30(2) or 45(4) of this Act for the purpose only of prescribing a day.

13

Regulations made by virtue of section 86(1) to (4) of this Act (set-off of overpayments).

14

Regulations under section 162(b) of this Act (treatment of polygamous marriages).

15

Regulations containing only provisions—

• (a) with respect to the determination of a question within section 95(1)(c) or 118(1) of this Act or section 5(2) of the Family Allowances Act (question who is child of family, etc.); or

• (b) having effect by virtue of section 8(1) to (3) of that Act (recovery of allowances over-paid).

16

Regulations contained in a statutory instrument which states that the regulations relate only to matters which, in accordance with this Act or an enactment directed to be construed as one therewith, have been referred to the Atendance Allowance Board.

17

Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 120 or 122 of this Act (re-rating of contributions) or an up-rating order.

18

Regulations contained in a statutory instrument made within a period of 6 months from the date of the passing of any Act passed after the 1973 Act and directed to be construed as one with that Act or this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.

19

Regulations in so far as they consist only of procedural rules for a tribunal in respect of which consultation with the Council on Tribunals is required by section 10(1) of the Tribunals and Inquiries Act 1971.

20

Regulations made for the purpose only of consolidating other regulations revoked thereby.

SCHEDULE 16

PART I — Constitution of Council

1

• (1) The Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may determine.

• (2) The members other than the chairman shall include an equal number of persons appointed by the Secretary of State, after consultation with such organisations as he thinks fit, to represent employers and employed earners respectively.

2

• (1) The Secretary of State may pay—

• (a) to the chairman and other members of the Council, such salaries or other remuneration,

• (b) to persons who are not members of the Council but who at the Council's invitation are joined with its members as advisers at a Council meeting or a meeting of any committee of the Council held to consider questions on which they are specially qualified, such fees, and

• (c) to the chairman and other members of the Council and to persons attending meetings at the Council's request or attending meetings of any committee of the Council at the Council's or committee's request, such expenses and travelling and other allowances,

as the Secretary of State may with the consent of the Minister for the Civil Service determine.

• (2) Any payment under sub-paragraph (1)(a) may be made either in lieu of or in addition to any payment to the recipients under (I)(c).

• (3) Any payment under sub-paragraph (1)(b) may be made either in lieu of or in addition to any expenses or travelling or other allowances payable to the recipient apart from that sub-paragraph.

PART II — Regulations not Requiring Prior Submission to Council

3

Regulations made by virtue of section 66(5) of this Act for the purpose only of prescribing a day.

4

Regulations made by virtue of section 86(1) to (4) of this Act (set-off of overpayments).

5

Regulations under section 162(6) of this Act (treatment of polygamous marriages).

6

Regulations containing only provisions—

• (a) with respect to the determination of a question within section 95(1)(c) or 118(1) of this Act or section 5(2) of the Family Allowances Act (question who is child of family, etc.); or

• (b) having effect by virtue of section 8(1) to (3) of that Act (recovery of allowances over-paid).

7

Regulations contained in a statutory instrument which states that the regulations relate only to matters which, in accordance with this Act (or an enactment directed to be construed as one therewith), have been referred to the Attendance Allowance Board.

8

Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 120 to 122 of this Act (re-rating of contributions) or an up-rating order.

9

Regulations contained in a statutory instrument made within a period of 6 months from the date of the passing of any Act passed after the 1973 Act and directed to be construed as one with that Act or this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.

10

Regulations in so far as they consist only of procedural rules for a tribunal in respect of which consultation with the Council on Tribunals is required by section 10(1) of the Tribunals and Inquiries Act 1971.

11

Regulations contained in a statutory instrument which states that it contains only regulations making with respect to industrial injuries benefit or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit under Part II of this Act or the administration of such benefit.

12

Regulations made for the purpose only of consolidating other regulations revoked thereby.

SCHEDULE 17

1

The Joint Authority shall be a body corporate by the name of the National Insurance Joint Authority, and shall have an official seal which shall be officially and judicially noticed, and the seal of the Authority may be authenticated by either member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.

2

Either member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority at which he is unable to be present.

3

The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act, and as if either member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Authority.

SCHEDULE 18

1

• (1) The relevant enactments relating to personal insolvency are the following—

• (a) section 33 of the Bankruptcy Act 1914 ; and

• (b) section 118 of the Bankruptcy (Scotland) Act 1913.

• (2) For the operation of those enactments, " the relevant event" in section 153(2) is to be construed as follows—

• (a) in England and Wales, it means the receiving order or death ; and

• (b) in Scotland, it means the award of sequestration or death, or the concourse of diligence for distribution of the estate of a party being notour bankrupt.

2

• (1) The relevant enactment relating to companies' winding-up is section 319 of the Companies Act 1948: but no priority under that enactment is extended by section 153(1) where a company is being wound up voluntarily merely for the purposes of reconstruction or amalgamation with another company.

• (2) For the operation of that enactment, " the relevant event" in section 153(2) is to be construed as follows—

• (a) where the company is wound up compulsorily—

• (i) if it had previously commenced to be wound up voluntarily, " the relevant event " means the passing of the winding-up resolution, and

• (ii) otherwise, it means the appointment (or first appointment) of a provisional liquidator or, in the absence of such an appointment, the making of the winding-up order ;

• (b) in any other case, " the relevant event" means the passing of the winding-up resolution.

3

• (1) The relevant enactments relating to the remedies of debenture holders and chargees are the following—

• (a) section 94 of the Companies Act 1948 ; and

• (b) section 19 of the Companies (Floating Charges and Receivers) (Scotland) Act 1972.

• (2) For the operation of those enactments, " the relevant event" in section 153(2) is to be construed as follows—

• (a) where a receiver is appointed on behalf of debenture holders or by or on the application of the holders of a floating charge, it means that appointment; and

• (b) where possession of any property is taken by or on behalf of debenture holders or the holders of a floating charge, it means that taking of possession.

SCHEDULE 19

Implementation of schemes

1

The Secretary of State may by order approve a supplementary scheme whether with or without amendment, if he is satisfied that it is expedient that the scheme should come into operation:

2

Subject to the provisions of this paragraph, and to paragraphs 3 to 5 below, a supplementary scheme may—

• (a) apply for the purposes of the scheme (including in particular the purpose of determining any question as to the application of the scheme to any person or class of persons) any of the provisions of this Act or of regulations, with or without modifications ;

• (b) make such provision for the constitution of a body to be charged with the administration of the scheme, and with respect to the supervision of the administration of the scheme and accounts, as the Secretary of State considers to be necessary for the purpose of giving effect to the scheme (including provision for the making of returns to the Secretary of State as to matters affecting the operation of the scheme);

• (c) provide for the participation of the Secretary of State in the administration of the scheme to such an extent and for such purposes as may be therein specified ;

• (d) provide for defraying, out of any funds which may be available for the purposes of the scheme, such fees and other charges as may be determined by the Secretary of State, with the concurrence of the Treasury, in respect of the participation of the Secretary of State in the administration of the scheme ;

• (e) contain such other provisions as the Secretary of State considers to be necessary for the purpose of giving effect to the scheme.

3

A supplementary scheme may empower the body charged with the administration of the scheme to make, if the Secretary of State so directs, such temporary modifications in any of the rates of contribution or the rates or periods of benefit under the scheme as are, in the opinion of the Secretary of State, sufficient to secure the solvency of the fund constituted under the scheme.

4

No part of the funds required for providing benefits under a supplementary scheme, or otherwise in connection therewith, shall be derived from money provided by Parliament; but this paragraph does not prevent the making, in respect of persons whose remuneration is or may be defrayed out of money so provided, of a scheme whereunder contributions are payable by employers.

5

Subject to paragraphs 6 to 9 below, a supplementary scheme when approved by the Secretary of State shall continue in force until determined in accordance with its provisions.

Amendment and consolidation of schemes

6

The Secretary of State may by order—

• (a) vary or amend the provisions of a supplementary scheme in any manner and at any time if so requested by—

• (i) the body by whom it was submitted, or any other body of persons which in his opinion is concerned as representing employed earners or employers ; or

• (ii) the body charged with the administration of the scheme ; and

• (b) where it appears to him that, having regard to any periodic audit and valuation, the fund constituted under the scheme—

• (i) is or is likely to become, and is likely to continue to be, insufficient to discharge its liabilities ; or

• (ii) is and is likely to continue to be more than reasonably sufficient to discharge its liabilities,

after consultation with the last-mentioned body make such modifications in any of the rates of contribution or the rates or periods of benefit under the scheme as appear to him to be required in order to make the fund, as the case may be, sufficient or no more than reasonably sufficient to discharge its liabilities.

7

An order under paragraph 6 above with respect to any supplementary scheme may replace all or any of the provisions of the scheme (whether or not previously amended, varied or modified under that paragraph) with new provisions consolidating those provisions as they are to have effect with the amendments, variations or modifications to be made by the order.

8

The Secretary of State, after consulting the body charged with the administration of a supplementary scheme, may make an order under this paragraph for the purpose of consolidating the provisions of the scheme as for the time being amended, varied or modified.

9

An order made by virtue of paragraph 7 or 8 above may revoke previous orders under paragraph 6, 7 or 8 relating to the scheme so far as they are superseded by the consolidation or have otherwise become obsolete or unnecessary.

Set-off of overpayments

10

• (1) Where a person who has received a payment in respect of any period under a supplementary scheme is subsequently found to be entitled in respect of that period to a payment by way of benefit, the entitlement to or payment of which disentitles him to the whole or part of the amount of the payment under the scheme, any payment by way of that benefit may, at the discretion of the Secretary of State, be abated by the amount of the overpayment under the scheme or so much thereof as has not been repaid to the fund out of which it was made.

• (2) In this paragraph and paragraph 11 below, " benefit" means benefit under Part II of this Act or under the former principal Act.

11

Where a person has received in respect of any period a payment by way of benefit which disentitles him to a payment which would otherwise be payable to him in respect of that period under a supplementary scheme and he is subsequently found not to have been entitled to the whole or part of the amount of that payment of benefit, any payment under the scheme in respect of that period may, at the discretion of the person by whom the payment falls to be made, be abated by the amount of benefit overpaid or so much thereof as has not been—

• (a) repaid or otherwise recovered, or

• (b) treated as having been paid on account of any other benefit payable in respect of that period, or on account of an allowance under the Family Allowances Act so payable.

12

The amount by which a payment to any person is abated under paragraph 10 or 11 above on account of some other payment to that person shall not be otherwise recoverable from that person and shall be made good out of the fund out of which the abated payment fell to be made to the fund out of which that other payment was made.

Exemption of certain documents from stamp duty

13

Stamp duty shall not be chargeable on any of the following documents—

• (a) a letter or power of attorney granted by any person as trustee for the transfer of any money vested in his name in the public funds or in any other securities and forming part of any funds applicable for the purposes of a supplementary scheme;

• (b) an agreement made or given for the purpose of, or in connection with, a supplementary scheme ;

• (c) the appointment or revocation of appointment of an agent, the appointment of a new trustee, and any conveyance or transfer made for effectuating the appointment of a new trustee and any other document authorised by or in pursuance of a supplementary scheme.

14

Paragraph 13 above is without prejudice to section 163 of this Act

SCHEDULE 20