Social Security Act 1980

Amendments of certain enactments relating to social security

Amendments relating to up-rating

1

Other amendments of Social Security Act 1975

2

Amendments of Social Security Pensions Act 1975

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous amendments

4

• (1) In the definitions of “public service pensions scheme” in section 51(3) of the Social Security Act 1973 and section 66(1) of the Pensions Act (which provide among other things that the definition includes any scheme prescribed by such regulations as are there mentioned) after the word “includes" there shall be inserted the words “any occupational pensions scheme established, with the concurrence of the Minister for the Civil Service, by or with the approval of another Minister of the Crown and".

• (2) Subsection (3) of section 97 of the Social Security Act 1973 (which provides for orders made by the Secretary of State under that Act to be subject to annulment in pursuance of a resolution of either House of Parliament) shall have effect in relation to orders under section 65 of that Act (under which a public service pension scheme may be modified or wound up by an order made by an authority designated by the Minister for the Civil Service) as if the reference in that subsection to the Secretary of State were a reference to an appropriate authority within the meaning of the said section 65.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maternity grant

5

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of enactments relating to supplementary benefit and family income supplement

Amendments of Supplementary Benefits Act 1976

6

• (1) The Supplementary Benefits Act 1976 shall have effect with the amendments specified in Part I of Schedule 2 to this Act, and except where the context otherwise requires references in that Part to sections and Schedules are to sections of and Schedules to that Act.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In accordance with subsection (1) of this section but subject to section 14 of this Act, Parts I to III of the Supplementary Benefits Act 1976, except sections 31, 32, 35 and 36 (which relate to reciprocity and to transitional, consequential and supplemental matters), and Schedules 1 and 5 to that Act are to have effect, after the coming into force of subsection (1) of this section and Part I of Schedule 2 to this Act, as set out in Part II of that Schedule (which reproduces those provisions as amended by Part I of the said Schedule 2 and with consequential adjustments in headings and sidenotes).

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments of Family Income Supplements Act 1970

7

Provisions supplementary to ss. 6 and 7

8

• (1) The Secretary of State may by regulations make such provision as he considers appropriate for dealing with transitional matters connected with or arising out of the coming into force of any provision of section 6 of this Act or Schedule 2 or 5 to this Act including in particular, but without prejudice to the generality of the preceding provisions of this subsection,—

• (a) provision for modifying any enactment passed before this Act;

• (b) provision for treating anything done under an enactment which is altered or replaced by a provision of the sections or Schedules aforesaid as done under the enactment as so altered or replaced; and

• (c) provision for the payment of supplementary benefit, of an amount specified in or determined in pursuance of the regulations, to a person who, apart from the provision, would by virtue of this Act cease to be entitled to supplementary benefit or become entitled to supplementary benefit of an amount smaller than that to which he would have been entitled apart from this Act;

and regulations made by virtue of this subsection may be made so as to have effect from a date before that on which they are made but not before the date of the passing of this Act.

• (2) An order under section 21(5) of this Act which brings into force a provision of this Act which is mentioned in the preceding subsection—

• (a) may contain such transitional provisions, including savings, as the Secretary of State considers appropriate in connection with or arising out of the coming into force of that provision; and

• (b) may, without prejudice to the generality of the preceding paragraph, provide that the provision shall come into force in relation to such cases only as are specified in the order and accordingly that in relation to other cases the law shall remain unaffected by that provision;

and the Secretary of State may by order made by statutory instrument vary or revoke any provision which by virtue of this subsection is included in another order.

• (3) Nothing in either of the preceding subsections shall be construed as derogating from the other of them.

• (4) The power to make regulations conferred by subsection (1) of this section shall be exercisable by statutory instrument and a statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Advisory Committees

The Social Security Advisory Committee

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (which list the bodies of which all the members are disqualified under those Acts) there shall be inserted at the appropriate place in alphabetical order the words “The Social Security Advisory Committee".

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation with Committee on proposals for regulations

10

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exclusion of requirements to consult Advisory Committees

11

Commissioners

Change of title of National Insurance Commissioners

12

National Insurance Commissioners shall, instead of being so called, be called Social Security Commissioners; and accordingly—

• (a) any enactment or instrument passed or made before the coming into force of this section shall have effect, so far as may be necessary in consequence of the change of title made by this section, as if for any reference to a Chief or other National Insurance Commissioner there were substituted respectively a reference to a Chief or other Social Security Commissioner; and

• (b) documents and forms printed or duplicated for use in connection with functions of National Insurance Commissioners may be used notwithstanding that they contain references to such Commissioners and those references shall be construed as references to Social Security Commissioners.

Tenure of office of Commissioner

13

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from Commissioners etc on point of law

14

Leave required for appeal from local tribunal to Commissioner

15

Miscellaneous

Amendments of Pensions Appeal Tribunals Act 1943

16

• (1) Her Majesty may by Order in Council provide for an appeal under any provision of the Pensions Appeal Tribunals Act 1943 (hereafter in this section referred to as “the Act”) in respect of a claim for benefit under any instrument mentioned in the Act to be brought or continued by another person after the death of the claimant; and—

• (a) such an Order may make such modifications of the Act as Her Majesty considers appropriate for the purposes of this subsection; but

• (b) nothing in this subsection shall be construed as prejudicing the generality of the power to make rules which is conferred by paragraph 5 of the Schedule to the Act.

• (2) An Order in Council under this section—

• (a) may contain such incidental and supplemental provisions as Her Majesty considers appropriate; and

• (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In section 5(1) of the Act (which enables a Pensions Appeal Tribunal to uphold an interim assessment by the Minister of a degree of disablement or to assess the disablement at such degree lower than that specified by the Minister as they think proper) for the words from “assess" to “proper" there shall be substituted the words

alter the assessment in one or both of the following ways, namely— (a) by increasing or reducing the degree of disablement it specifies; and (b) by reducing the period for which the assessment is to be in force.

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Section 8(3)(a) of the Act (which is spent) shall be omitted.

• (6) For paragraph (b) of paragraph 5(4) of the Schedule to the Act (which requires rules to provide for payments by the Tribunal of certain expenses of an appellant) there shall be substituted the following paragraph—

(b) sums, in respect of expenses, allowances and fees connected with appeals to the Tribunal, to such persons and in such circumstances as are specified in the rules and of such amounts as are determined by the Lord Chancellor with the consent of the Minister for the Civil Service; and

and accordingly in section 14 of the Act (under which the Act has effect, in its application to Northern Ireland, with the substitution of a reference to the Lord Chief Justice for Northern Ireland for any reference to the Lord Chancellor except in paragraph 7A of the Schedule to the Act) for the words “paragraph 7A" there shall be substituted the words “paragraph 5(4)(b)".

Proof of decisions of statutory authorities

17

Computation of age in Scotland

18

• (1) For the purposes of this Act and the following enactments, namely—

• the Family Income Supplements Act 1970;

• the Social Security Act 1973 ;

• the Social Security Acts 1975 to 1979 ;

• the Industrial Injuries and Diseases (Old Cases) Act 1975;

• the Child Benefit Act 1975 ; and

• the Supplementary Benefits Act 1976,

the time at which a person attains a particular age expressed in years shall be the commencement of the relevant anniversary of the date of his birth.

• (2) This section applies only to Scotland.

General

Expenses

19

• (1) Any expenses under this Act of a Minister of the Crown shall be paid out of money provided by Parliament.

• (2) Any increase attributable to this Act in the sums which under any other Act are payable out of money provided by Parliament or into the Consolidated Fund shall be paid out of such money or, as the case may be, into that Fund.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential and minor amendments of enactments

20

• (1) The enactments specified in Schedule 4 to this Act shall have effect with the amendments specified in that Schedule.

• (2) An order under section 21(5) of this Act which brings into force a provision of the said Schedule 4 may contain such transitional provisions, including savings, as the Secretary of State considers appropriate in connection with or arising out of the coming into force of that provision; and the Secretary of State may by order made by statutory instrument vary or revoke any provision which by virtue of this subsection is included in another order.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplemental

21

• (1) This Act may be cited as the Social Security Act 1980 and this Act and the Social Security Acts 1975 to 1979 may be cited together as the Social Security Acts 1975 to 1980.

• (2) In this Act “the principal Act” means the Social Security Act 1975 and “the Pensions Act” means the Social Security Pensions Act 1975.

• (3) Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992(which among other things make provision about the extent of powers to make regulations and orders) shall apply to powers to make regulations and orders conferred by sections 8 and 20(2) of this Act and by subsection (5) of this section as extended by the said sections 8 and 20(2) as they apply to powers to make regulations and orders conferred by that Act but as if for references to that Act there were substituted references to the said sections 8 and 20(2) and the said subsection (5) as so extended.

• (4) The enactments and instruments mentioned in the first and second columns of Schedule 5 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

• (5) The following provisions of this Act, namely, section 6 (except subsection (4)) and sections 7 to 10, 14 and 15, Part I and paragraphs 10 and 14 of Schedule 1, Schedules 2 to 4 and Part II of Schedule 5, shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument, and different days may be appointed in pursuance of this subsection for different provisions of this Act; and accordingly the other provisions of this Act come into force on the passing of this Act.

• (6) The following provisions only of this Act shall extend to Northern Ireland, namely—

• sections 9 to 16, except sections 11, 13(6) and 15;

• section 20(1) and (2) and Schedule 4 so far as they relate to the Polish Resettlement Act 1947 and the Maintenance Orders Act 1950;

• this section;

• Schedule 3; and

• Schedule 5 so far as it relates to the Pensions Appeal Tribunals Act 1943, the Polish Resettlement Act 1947, the Merchant Shipping Act 1970, section 142(5) of the principal Act, the House of Commons Disqualification Act 1975, the Northern Ireland Assembly Disqualification Act 1975, section 36(2) of the Supplementary Benefits Act 1976 and Part III of Schedule 2 to the Administration of Justice Act 1977.

SCHEDULE 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART I — Amendments relating to similar treatment for men and women

1

• (1) Subsection (6) of section 41 and subsection (4) of section 65 (under which a married woman residing with her husband is not entitled to an increase in benefit in respect of dependent children by virtue of that section unless her husband is incapable of self-support) shall be amended as follows—

• (a) in the said subsection (6) for the words " incapable of self support " there shall be substituted the words " not engaged in any one or more employments from which his weekly earnings exceed the amount specified in relation to the benefit or beneficiary in question in Schedule 4, Part IV, column (3) ";

• (b) in the said subsection (4) for the words "not incapable of self-support" there shall be substituted the words " engaged in any one or more employments from which his weekly earnings exceed the amount specified in relation to the benefit or pension in Schedule 4, Part V, paragraph 11 or, as the case may be, paragraph 12 ".

• (2) The said subsections (6) and (4) as amended by the preceding sub-paragraph shall cease to have effect on the coming into force of this sub-paragraph.

2

In sections 44(3)(a) and 47((1)(a)) (which provide for increases of specified amounts in a woman's unemployment or sickness benefit, maternity allowance or invalidity pension to be made for periods during which, among other things, her husband is incapable of self-support) for the words "incapable of self-support" there shall be substituted the words " not engaged in any one or more employments from which his weekly earnings exceed the amount so specified ".

3

Paragraph (b) of section 44(3), paragraph (&) of section 47(1) and paragraph (c) of section 66(1) (by virtue of which certain benefits are increased for any period during which the beneficiary has living with him and is maintaining such a relative as is there mentioned) shall cease to have effect; but a person who, immediately before the date when this paragraph comes into force, was entitled to an increase by virtue of any of those paragraphs, shall continue to be entitled to it for any period not exceeding two years beginning with that date, during which, if the paragraph in question and any regulations having effect by virtue of the paragraph immediately before that date were still in force, he would have been, and would not have ceased to be, entitled to the increase by virtue of that paragraph.

4

Sections 44(3)(c), 46(2) and 66(1)(d) (which relate to increases of benefit by reference to a female person, not a child, who has the care of a child or children in respect of whom the beneficiary is entitled to child benefit) shall be amended by substituting for the words " female person (not a child) " —

• (a) in sections 44(3)(c) and 66(1)(d) the words " person who is neither the spouse of the beneficiary nor a child " ;

• (b) in section 46(2) the words "person who is neither the spouse of the pensioner nor a child " ;

and in sections 46(4) and 66(6)(b) (which refer to the female person mentioned in sections 46(2) and 66(1)(d) respectively) for the words from "female person" to "residing" there shall be substituted the words " person there referred to is a female residing ".

5

• (1) Subsection (5) of section 44 and subsection (2) of section 47 (which provide that, in the case of unemployment or sickness benefit or invalidity pensions payable to certain persons over pensionable age, the benefit or pensions shall not be increased under provisions providing for increases in respect of certain periods and shall only be increased by the amounts of the increases which would be made in relevant retirement pensions where the rates of those pensions would be calculated under provisions relating to the partial satisfaction of contribution conditions) shall cease to have effect; and after section 47 there shall be inserted the following section—

(47A) Where a person is entitled to unemployment or sickness benefit by virtue of section 14(2)(6) or (c) or to an invalidity pension by virtue of section 15(2) of this Act and would have been entitled only by virtue of section 33 to the retirement pension by reference to which the rate of the said benefit or invalidity pension is determined, the amount of any increase of the said benefit or invalidity pension attributable to sections 44 to 47 of this Act shall not be determined in accordance with those sections but shall be determined in accordance with regulations.

• (2) Accordingly in section 44(1) for the words " Subject to the provisions of this section" there shall be substituted the words " Subject to section 47A ",

in section 44(2) for the words " Subject to the following subsections " there shall be substituted the words " Subject to subsection (4) below and section 47A " and in section 47(1) for the words " Subject to subsection (2) below " there shall be substituted the words " Subject to section 47A ".

6

In section 66(1)(a) (which provides for increases of injury benefit and in certain cases of disablement pension for periods during which the pensioner's wife is residing with him or he is contributing to the maintenance of his wife at a specified rate), for the word " wife " in both places there shall be substituted the word " spouse ".

7

In Schedule 20 (which contains a glossary of expressions) the entry relating to the expression " Incapable of self-support" (including both paragraphs in the second column of the entry) shall be omitted, and after the entry relating to the expression " Pensionable age " there shall be inserted the following—

Permanently incapable of self-support"	A person is " permanently incapable of self-support " if (but only if) he is incapable of supporting himself by reason of physical or mental infirmity and is likely to remain so incapable for the remainder of his life.

PART II — Other amendments

8

After subsection (4) of section 35 (which among other things provides that an attendance allowance shall not be payable to a person for any period preceding the date on which he makes a claim for it) there shall be inserted the following subsection—

(4A) Notwithstanding anything in the preceding subsection, provision may be made by regulations for an attendance allowance to be paid to a person for a period preceding the date on which he makes a claim for it if such an allowance has previously been paid to or in respect of him.

9

In section 96(2) (which among other things prevents the Secretary of State from reviewing a decision of his on a question within section 93(1) or section 95(1)(6) or (c) while an appeal is pending on a question of law arising in connection with the decision and provides for an appeal on a question of law raised with a view to a review of such a decision)—

• (a) for the words " Such a decision " there shall be substituted the words " A decision on a question within section 93(1) "; and

• (b) for the words from " and section 94 " onwards there shall be substituted the words " and, on a review of a decision on a question within section 93(1), any question of law may be referred under subsection (1) of section 94, or where it is not so referred may be the subject of an appeal under subsection (3) of that section, and the other provisions of that section shall apply accordingly ".

10

In subsection (4) of section 100 (which provides that an appeal to a local tribunal from a decision of an insurance officer must be brought within 21 days after the date of the decision or within a further time allowed by the chairman of the tribunal) for the words " 21 days after the date of the decision " there shall be substituted the words " 28 days beginning with the date when the Secretary of State gives to the claimant notice in writing of the decision " ; and in subsection (5) of section 101 (which provides that an appeal to a Commissioner from a decision of a local tribunal must be brought within 3 months from the date of the decision or a further period allowed by the Commissioner) for the words " from the date of the decision of the local tribunal or " there shall be substituted the words " beginning with the date when the proper officer of the local tribunal gives to the claimant notice in writing of the decision or within ".

11

In section 111 (which among other things provides that an assessment of a single medical practitioner under that section must be by reference to a period not exceeding 6 months and that regulations may make provision with respect to cases in which the practitioner considers that a final assessment can be made by reference to a longer period) for the words " 6 months " in subsections (1) and (3) there shall be substituted the words " 12 months ".

12

For paragraph (cc) of subsection (4) of section 119 (which as amended by the Social Security Act 1979 provides that regulations may modify subsections (1) to (2A) of that section in relation to payments in respect of a person which are paid to another person on his behalf) there shall be substituted the following paragraph—

(cc) modifying those subsections in relation to sums by way of benefit which are paid to another person on behalf of the beneficiary;.

13

In subsection (6) of section 122 (which provides that no order shall be made under that section so as to increase the percentage rate for Class 1 or Class 4 contributions to a percentage more than 025 per cent, higher than that specified in section 4(6) or, as the case may be, section 9(2) as for the time being amended by any other Act and, in the case of section 4(6), by an order under section 1(6) of the Social Security (Miscellaneous Provisions) Act 1977), for the words from " so " onwards there shall be substituted the words " so as—

• (a) to increase for any tax year the percentage rate for primary or secondary Class 1 contributions to a percentage rate more than 0-25 per cent, higher than the percentage rate applicable for the preceding tax year for the contributions in question ; or

• (b) to increase the percentage rate for Class 4 contributions to more than 8-25 per cent.".

14

Section 158 and Schedule 19 (which relate to schemes promoted by representatives of earners and their employers for supplementing certain rights to benefit in respect of industrial injuries and diseases which are conferred on the earners by the principal Act) shall cease to have effect.

15

In section 167(3) (which among other things applies the negative resolution procedure to orders under the principal Act except an order under section 17(3), 30(6), 120 or 122 or an up-rating order) for the words " or 122 " there shall be substituted the words 122 or 126A ".

16

In paragraph 1 of Schedule 1 (which among other things provides for earnings from different employments to be aggregated for the purpose of calculating the amount of any Class 1 contributions in respect of the earnings), after sub-paragraph (1) there shall be inserted the following sub-paragraph—

(1A) Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under subparagraph (1) above and the aggregated earnings are not less than the current lower earnings limit, then, except as may be provided by regulations, the amount of the Class 1 contribution in respect of the aggregated earnings shall be the aggregate of the amounts obtained— (a) by applying the rates of Class 1 contributions applicable to contracted-out employments— (i) to the part of the aggregated earnings attributable to any contracted-out employments, or (ii) if that part exceeds the current upper earnings limit, to so much of that part as does not exceed that limit; and (b) if that part is less than that limit, by applying the rates of Class 1 contributions applicable to employments which are not contracted-out employments to so much of the remainder of the aggregated earnings as, when added to the part aforesaid, does not exceed that limit ; and in relation to earners paid otherwise than weekly any reference in the preceding provisions of this sub-paragraph to the lower or upper earnings limit shall be construed as a reference to the prescribed equivalent of that limit.

SCHEDULE 2

PART I — The amendments

1

In section 1—

• (a) for paragraphs (a) and (b) of subsection (1) there shall be substituted the following paragraphs—

(a) a supplementary pension if he is one of a married or unmarried couple of whom one is or both are over the age of 65 or if he is not one of such a couple and has attained pensionable age ; and (b) a supplementary allowance in any other case;

• (b) at the end of subsection (1) there shall be inserted the words " Paragraph (a) of this subsection shall have effect until the prescribed date as if the words from ' is one' to ' couple and ' were omitted ";

• (c) after subsection (1) there shall be inserted the following subsection—

(1A) Regulations may provide for a person's entitlement under subsection (1) above to continue during prescribed periods of the person's temporary absence from Great Britain.;

• (d) at the end of subsection (3) there shall be inserted the words " ; and regulations may provide that the requirements which by virtue of this subsection are not included in a person's requirements include or exclude prescribed requirements ".

2

In section 2—

• (a) for the words "shall be determined by the Supplementary Benefits Commission " in subsection (1) there shall be substituted the words " and any other question relating to supplementary benefit which arises under this Act shall be determined by a benefit officer except so far as this Act or regulations provide otherwise ; and regulations may provide for different aspects of the same question to be dealt with by different benefit officers. ";

• (b) after subsection (1) there shall be inserted the following subsection—

(1A) Regulations may provide for prescribed questions to be determined otherwise than by benefit officers and, without prejudice to the generality of the preceding provisions of this subsection.— (a) for prescribed questions to be referred to bodies or persons exercising functions under the Social Security Act 1975 and for the application of provisions of that Act, with or without modifications, to the questions and to decisions given in consequence of references in pursuance of the regulations ; (b) for such decisions, and any other prescribed decisions given in pursuance of that Act, to be effective or conclusive for prescribed purposes of this Act; and (c) for dealing, by postponement or otherwise, with cases in which questions are referred by virtue of paragraph (a) of this subsection. ;

• (c) the words from the second "and" in subsection (2)(a) to the end of the section shall be omitted.

3

In section 3—

• (a) for the words from the beginning to " person" in subsection (1) there shall be substituted the words " There shall be payable in prescribed cases, to a person who is entitled or would if he satisfied prescribed conditions be entitled to a supplementary pension or allowance, supplementary benefit ";

• (b) after the word " payment" in subsection (1) there shall be inserted the words " of a prescribed amount ";

• (c) for the words " the Commission may have regard " in subsection (2) there shall be substituted the words " regard shall be had, so far as regulations so provide, "; and

• (d) for the words from "Part III" onwards in subsection (2) there shall be substituted the words " regulations made in pursuance of paragraph 1(2)(b) of Schedule 1 to this Act ".

4

For section 4 there shall be substituted the following section—

(4) (1) In urgent cases supplementary benefit shall be payable in accordance with this Act as modified by virtue of this section ; and regulations may— (a) prescribe the cases which are urgent cases for the purposes of this section ; (b) provide that in relation to such cases any of the provisions of sections 3, 5 to 8 and 10 of this Act and Schedule 1 to this Act shall have effect with prescribed modifications. (2) Any sums paid to a person by virtue of the preceding subsection, except a sum as to which it has been determined in accordance with regulations that it is not to be recovered in pursuance of this subsection, shall be recoverable from him by the Secretary of State by making deductions from prescribed benefits or in any other manner.

5

In section 5 for the words " The Commission may determine that" there shall be substituted the words " Except in prescribed cases, " and for the words from " by regulations" onwards there shall be substituted the words

and is available for employment; and regulations may make provision as to— (a) what is and is not to be treated as employment for the purposes of this section ; and (b) the circumstances in which a person is or is not to be treated for those purposes as available for employment".

.

6

For sections 6 and 7 there shall be substituted the following section—

(6) (1) A person who is engaged in remunerative full-time work shall not be entitled to supplementary benefit; and regulations may make provision as to the circumstances in which a person is or is not to be treated for the purposes of this subsection as so engaged. (2) A person who has not attained the age of 19 and is receiving relevant education shall not be entitled to supplementary benefit except in prescribed circumstances. (3) Regulations may make provision as to the circumstances in which a person is or is not to be treated for the purposes of the preceding subsection as receiving relevant education; and in this section " relevant education" means full-time education by attendance at an establishment recognised by the Secretary of State as being, or as comparable to, a college or school.

7

In section 8—

• (a) in subsection (1), for the words " the requirement to pro vide for any other person " there shall be substituted the words " requirements of another person which are to be treated as his by virtue of any other provision of this Act and are not to be disregarded by virtue of this subsection as it applies to the other person "; and

• (b) subsection (3) shall be omitted.

8

In section 9—

• (a) in subsection (1), for the words " requirement to provide for " there shall be substituted the words " requirements of " and for the words "section 6 of this Act (exclusion of persons in full-time employment) " there shall be substituted the words " section 6(1) of this Act ";

• (b) in subsection (2), for the words from "in accordance" onwards there shall be substituted the words " or another person in accordance with regulations ";

• (c) in subsection (3), for the words from the beginning to " work) " there shall be substituted the words " Regulations made by virtue of section 6(1) of this Act providing for a person not to be treated as engaged in remunerative full-time work "; and

• (d) subsections (4) to (8) shall be omitted.

9

For section 10 there shall be substituted the following section—

(10) (1) Where— (a) a person is registered for employment in pursuance of section 5 of this Act and is not receiving unemployment benefit under the Social Security Act 1975 ; and (b) it appears to a benefit officer that the person refuses or neglects to maintain himself or any other person whom for the purposes of this Act he is liable to maintain, the officer may give him in the prescribed manner a direction in writing requiring him to attend a course of instruction or training which is approved or provided by the Secretary of State and is specified in the direction. (2) A person to whom such a direction is given may, in accordance with rules made by the Secretary of State, appeal against the direction to the Appeal Tribunal; and on an appeal in pursuance of this subsection the tribunal shall either confirm or cancel the direction. (3) A direction under subsection (1) of this section shall not come into force— (a) until the expiration of the period within which, without any extension of time, an appeal against it may be brought in pursuance of the preceding subsection; and (b) if during that period such an appeal is brought, until the appeal is withdrawn or the direction is confirmed by the tribunal. (4) A person in respect of whom a direction under subsection (1) of this section is in force shall not be entitled to a supplementary allowance while he fails to comply with the direction. (5) Regulations may make provision with respect to the consequences of the cancellation of a direction which has come into force.

10

In section 11, for subsections (1) and (2) there shall be substituted the following subsection—

(1) Regulations may make provision— (a) for the requirements of any person to be met in pre scribed circumstances by the provision of goods or services instead of by making the whole or part of any payment to which he would otherwise be entitled under this Act; (b) for any provision of this Act or regulations under it to be disregarded in connection with the provision of goods or services by virtue of the preceding paragraph ; (c) as to the manner of providing goods and services to be provided by virtue of that paragraph. ;

and accordingly subsection (3) of that section shall be subsection (2) of that section.

11

In section 12—

• (a) for subsection (1) there shall be substituted the following subsections—

(1) Where a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any other member State is not made on or before the date which is the prescribed date in relation to the payment ,'then— (a) in the case of a payment from such public funds, the authority responsible for making it may abate it by the relevant amount; and (b) in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment; and in this subsection "the relevant amount", in relation to a payment, means the amount which a benefit officer determines has been paid by way of supplementary benefit and would not have been paid if the payment had been made on the date aforesaid. (1A) Where— (a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and (b) a benefit officer determines that an amount which has been paid by way of supplementary benefit would not have been paid if the said payment had been made on the date aforesaid, the Secretary of State shall be entitled to recover that amount from the person to whom it was paid. ;

• (b) in subsection (2) for the words from ", or to " to " security benefit')" in paragraph (a) there shall be substituted the words " any prescribed benefit ", for the words from " or of " to " security " in paragraph (c) and where they first occur after that paragraph there shall be substituted the words " the prescribed ", for the words "the Commission determine " there shall be substituted the words " a benefit officer determines " and for the words from " equal" onwards there shall be substituted the words " equal to the amount of the prescribed benefit ";

• (c) in subsection (3) for the words " the Commission of " there shall be substituted the words " a benefit officer of " and for the words " Commission have " there shall be substituted the words " officer has "; and

• (d) for subsection (4) there shall be substituted the following subsections—

(4) Where a benefit officer makes— (a) a determination in pursuance of the preceding provisions of this section in respect of an amount of supplementary benefit; or (b) a determination altering on review or refusing to review a determination in respect of such an amount which has been made for the purposes of this section by a benefit officer or on appeal, the relevant person may appeal to the Appeal Tribunal against the determination; and subsection (3) of section 15 of this Act shall apply to an appeal under this subsection as it applies to an appeal under that section. (5) In the preceding subsection " the relevant person " means the person who is entitled, apart from subsection (1), (2) or (3) of this section, to the prescribed payment or the prescribed benefit or the rebate or allowance in question or, as the case may be, to whom the amount mentioned in subsection (1A) of this section was paid.

12

• (1) In section 14, in subsection (1) for the words from the beginning to " section," there shall be substituted the words " Regulations may " and for the words " and Part II of Schedule 2 to this Act" there shall be substituted the words " to this Act; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection ".

• (2) Section 14(2) shall be amended as follows—

• (a) for the words preceding paragraph (a) there shall be substituted the words " Regulations may make provision— ";

• (b) in paragraph (a) after the word "manner" there shall be inserted the words " and within such time ";

• (c) for paragraph (b) there shall be substituted the following paragraph—

(b) for enabling a person to be appointed to exercise, on behalf of a claimant who may be or become unable to act in relation to his claim, any power in relation to it which the claimant is entitled to exercise ;

• (d) in paragraph (d), for the words " the Commission " in both places there shall be substituted the words " a benefit officer " and the words "National Insurance" shall be omitted ;

• (e) in paragraph (e) for the words from " period " to " in the regulations " there shall be substituted the words " prescribed period of not less than twelve months ";

• (f) the word " and " at the end of paragraphs (e) and (ee) shall be omitted ;

• (g) for paragraph (f) there shall be substituted the following paragraphs—

(f) as to the day on which entitlement to a supplementary pension or allowance is to begin or end or the amount of a supplementary pension or allowance is to change; (g) as to the time and manner of paying supplementary benefit and the information and evidence to be furnished in connection with payments of it; (h) for withholding payments of a supplementary pension or allowance in prescribed circumstances and fox subsequently making withheld payments in prescribed circumstances ; (f) as to the circumstances and manner in which payments of supplementary benefit may be made to another person on behalf of the beneficiary for any purpose (which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person): (j) for the payment or distribution of supplementary benefit to or among persons claiming to be entitled to it on the death of any person and for dispensing with strict proof of their title ; (k) for the payment of travelling expenses in connection with claims for supplementary benefit.

• (3) Accordingly subsections (3) and (4) of section 14 (which relate to the payment of benefit to a person other than the beneficiary and to travelling expenses in connection with claims for benefit) shall be omitted.

13

In section 15—

• (a) in subsection (1), for the words from " the Commission or " onwards there shall be substituted the words " a benefit officer (including a determination to refuse to review a determination) with respect to the claim or benefit, except that no appeal shall lie by virtue of this subsection in a case falling within section 10(2), 12(4) or 20(3) of this Act ";

• (b) subsection (2) (which is superseded by the amendment in paragraph 2(b) of this Schedule) shall be omitted ; and

• (c) in subsection (3) paragraph (b) shall be omitted and for the words " the Commission " in paragraph (c) there shall be substituted the words " a benefit officer ".

14

In section 15A the words " National Insurance " in both places and the words from "and includes" onwards in subsection (5) shall be omitted.

15

Section 16 shall be amended as follows—

• (a) the words " or, in Scotland, on the sequestration of the estate " shall be omitted ; and

• (b) that section as amended by sub-paragraph (a) of this paragraph shall be subsection (1) of that section and after that subsection there shall be inserted the following subsection—

(2) In the application of the preceding subsection to Scotland— (a) the reference to assignment of supplementary benefit shall be read as a reference to its assignation, " assign " being construed accordingly ; and (b) the reference to the bankruptcy of a person entitled to supplementary benefit 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.

16

In section 17—

• (a) after paragraph (b) of subsection (1) there shall be inserted the words

; and (c) a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after the date of the passing of the Social Security Act 1980 and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person

; and

• (b) after subsection (2) there shall be inserted the following subsection—

(3) A document bearing a certificate which— (a) is signed by a person authorised in that behalf by the Secretary of State ; and (b) states that the document apart from the certificate is, or is a copy of, such an undertaking as is mentioned in subsection (1)(c) of this section, shall be conclusive evidence for the purposes of this Act of the undertaking in question ; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed until the contrary is proved.

17

In section 18—

• (a) in subsection (1), for the words " relative ') the Commission " there shall be substituted the words " person') the Secretary of State " and for the words " relative to " there shall be substituted the words " person to ";

• (b) in subsection (2) for the word " No " there shall be substituted the words " Except in a case falling within section 17(1)(c) of this Act, no ";

• (c) in subsections (2) to (4), for the word " relative" and "relative's" there shall be substituted respectively the word " person " and " person's " ;

• (d) at the end of subsection (3) there shall be inserted the words " .except that in a case falling within section 17(1)(c) of this Act that sum shall not include any amount which is not attributable to supplementary benefit (whether paid before or after the making of the order). "; and

• (e) subsection (6) shall be omitted.

18

In section 19—

• (a) for the word " Commission " wherever it occurs, except in subsection (7), there shall be substituted the words " Secretary of State ";

• (b) subsection (7) shall be omitted ; and

• (c) in subsection (8) for the figure " (7)" there shall be substituted the figure " (6) ".

19

In section 20—

• (a) in subsection (2), for the words from " referred to " onwards there shall be substituted the words " determined by a benefit officer ";

• (b) for subsection (3) there shall be substituted the following subsection—

(3) A person from whom, in pursuance of a determination of a benefit officer under the preceding subsection, an amount is recoverable under this section may appeal to the Appeal Tribunal against the determination ; and subsection (3) of section 15 of this Act shall apply to an appeal under this subsection as it applies to an appeal under that section.;

• (c) in subsection (4) for the words from " benefit under " onwards there shall be substituted the words " prescribed benefits "; and

• (d) for subsection (5) there shall be substituted the following subsection—

(5) Subsections (2) and (3) of this section shall apply to any question as to whether any amount or what amount is recoverable by the Secretary of State under section 45 of the National Assistance Act 1948 or section 26 of the Supplementary Benefit Act 1966 (which contain provisions corresponding to subsection (1) of this section) and subsection (4) of this section shall apply to an amount recoverable under either of those sections— (a) as if for any reference in those subsections to this section there were substituted references to the said section 45 or 26, as the case may be ; and (b) as respects a question relating to recovery under the said section 45 and an amount recoverable under that section, as if the words " paid by way of supplementary benefit" in subsections (2) and (4) of this section were omitted.

20

In section 21 before the word " liable " there shall be inserted the words " guilty of an offence and ".

21

In section 22 the words " or the Commission" shall be omitted and before the word " liable " there shall be inserted the words " guilty of an offence and ".

22

In section 24—

• (a) for the words " to which this section applies " in subsection (1) there shall be substituted the words " of regulations under section 9(2) of this Act ";

• (b) before the word " liable " in subsection (1) there shall be inserted the words " guilty of an offence and "; and

• (c) subsection (2) shall be omitted.

23

In section 25(1), paragraph (b) and the word "or" at the end of paragraph (a) shall be omitted and before the words " liable on " there shall be inserted the words " guilty of an offence and ".

24

In section 27—

• (a) for the words from the beginning to " Act" in subsection (1) there shall be substituted the words " It shall be the duty of the Secretary of State to make arrangements with a view to ensuring that benefit officers and other officers of his concerned with the administration of this Act exercise their functions "; and

• (b) for subsections (2) to (4) there shall be substituted the following subsection—

(2) It shall be the duty of the Secretary of State to appoint persons to perform the functions conferred by virtue of this Act on benefit officers.

25

In section 30—

• (a) for subsection (1) there shall be substituted the following subsection—

(1) The provisions of Schedule 5 to this Act shall have effect with respect to re-establishment courses and resettlement units.;

• (b) in subsection (2) for the words from " in exercise" to " may " there shall be substituted the words " the Secretary of State so directs, payment at such rates as he may " and for the words " a centre" there shall be substituted the words " connection with courses provided or units "; and

• (c) subsections (3) and (4) shall be omitted.

26

In section 31—

• (a) in subsection (3), for the words from the beginning to " him " there shall be substituted the words " Regulations may provide for such modifications of this Act as appear to the Secretary of State "; and

• (b) in subsection (4), for the words from the beginning to " adjustments " there shall be substituted the words " The power to make regulations conferred by the preceding subsection ".

27

After section 32 there shall be inserted the following section—

(32A) Regulations may provide for any provision of this Act except this section to have effect with prescribed modifications— (a) in cases involving a marriage celebrated under a law which permits polygamy or a marriage during the subsistence of which a party to it is at any time married to more than one person ; (b) in cases where the Secretary of State considers that without the modifications the provision in question would give rise to an anomaly or an injustice or would produce impractical consequences.

28

In section 33—

• (a) in subsection (1A) the words " and regulations" shall be omitted ; and

• (b) for subsections (2) and (3) there shall be substituted the following subsections—

(2) Subsections (2) and (3) of section 166 of the Social Security Act 1975 (which among other things make provision about the extent of powers to make regulations) shall apply to powers to make regulations conferred by this Act as they apply to powers to make regulations conferred by that Act but as if for references to that Act there were substituted references to this Act. (3) Regulations of the following kinds, namely— (a) regulations of which the effect is to increase an amount which is specified in regulations made in pursuance of section 3 of this Act or which, by virtue of regulations made in pursuance of paragraph (b) of section 4(1) of this Act, is specified in a provision mentioned in that paragraph ; (b) regulations made in pursuance of section 32A(b) of this Act except regulations made for the purpose only of consolidating regulations which they revoke ; (c) regulations made in pursuance of paragraph 1 or 2 of Schedule 1 to this Act except regulations made for the purpose only of consolidating regulations which they revoke, shall not be made unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House and, in the case of regulations falling within paragraph (a) or (c) of this subsection, shall not be made without the consent of the Treasury. (4) A statutory instrument containing regulations of which a draft is not required by the preceding subsection to be approved as there mentioned or containing rules made under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament. (5) Without prejudice to the generality of any power conferred by this Act to make regulations, regulations may provide for a person to exercise a discretion in dealing with any matter.

29

In section 34—

• (a) the following definitions shall be inserted at the appropriate places in alphabetical order in subsection (1) of that section—

• " benefit officer" means a person appointed in pursuance of section 27(2) of this Act;
• " married couple " means a man and a woman who are married to each other and are members of the same household ;
• " modifications" includes additions, omissions and amendments, and related expressions shall be construed accordingly ;
• " prescribed" means specified in or determined in accordance with regulations ;
• " regulations " means regulations made by the Secretary of State under this Act;
• " unmarried couple " means a man and a woman who / are not married to each other but are living together as husband and wife otherwise than in prescribed circumstances ;

• (b) in subsection (1) the definitions of " blind " and " the Commission " and "school" shall be omitted and in the definition of " supplementary benefit " the words from " and includes " onwards shall be omitted ; and

• (c) after subsection (2) there shall be inserted the following subsection—

(3) Regulations may make provision as to the circumstances in which a person is to be treated for the purposes of any specified provision of this Act— (a) as being or not being a member of the same household as another person ; (b) as responsible for another person

30

For Schedule 1 there shall be substituted the following Schedule—

SCHEDULE 1 (1) (1) The amount of any supplementary benefit to which a person is entitled shall, subject to the following provisions of this Schedule, be the amount by which his resources fall short of his requirements. (2) For the purpose of ascertaining that amount— (a) a person's requirements shall be determined in accordance with paragraph 2 of this Schedule ; and (b) a person's resources shall be calculated in the prescribed manner ; and, without prejudice to the generality of paragraph (b) of this sub-paragraph, regulations in pursuance of that paragraph may provide for a person to be treated as possessing resources which he does not possess and for disregarding resources which a person does possess. (3) Regulations may provide that a person whose resources as ascertained in pursuance of paragraph (b) of the preceding sub-paragraph or a prescribed part of them exceed or exceeds a prescribed amount shall not be entitled to a supplementary pension or allowance. (2) (1) For the purposes of this Schedule requirements shall be of three categories, namely, normal requirements, additional requirements and housing requirements ; and the items to which each category relates and, subject to sub-paragraph (3) of this paragraph, the weekly amounts for those categories shall be such as may be prescribed. (2) A person's requirements shall consist of normal requirements together with requirements, if any, of such of the other categories as are applicable in his case. (3) In the case of a person specified in the first column of the following table his normal requirements shall be taken to be the weekly amount specified in relation to him in the second column of that table ; and in that table— - "householder" means a person who is not one of a married or unmarried couple but who satisfies prescribed conditions with respect to living accommodation ; and - "relevant person" means a person whose requirements include those of another person by virtue of sub-paragraph (1) of paragraph 3 of this Schedule.

Person	Weekly amount
1. A relevant person who— is such a person as is mentioned in section 1(1)(a) of this Act; or is not such a person as is so mentioned but satisfies prescribed conditions.	The aggregate of the sums for the time being specified in section 6(1)(a) of the Social Security Pensions Act 1975 and column (3) of paragraph 6 of Part IV of Schedule 4 to the Social Security Act 1975 (which specify the amounts of the basic component of a Category A retirement pension and the increase of the pension for an adult dependant).
2. A relevant person not falling within paragraph 1 of this table.	The aggregate of the sums for the time being specified in paragraph 1 of Part I of the said Schedule 4 and column (3) of paragraph 1(a) of the said Part IV (which specify the amounts of unemployment or sickness benefit and the increase of it for an adult dependant of a beneficiary under pensionable age).
3. A householder who— has attained pensionable age; or has not attained pensionable age but satisfies prescribed conditions.	The sum for the time being specified in the said section 6(1)(a).
4. A householder not falling within paragraph 3 of this table.	The sum for the time being specified in paragraph 1 of the said Part I.

(4) Regulations may provide that the preceding subparagraph shall have effect with prescribed modifications.
(5) Notwithstanding anything in the preceding provisions of this paragraph, regulations may provide for a person to be treated as having no normal requirements in prescribed cases.

(3) (1) Where two persons are a married or unmarried couple, their requirements and resources shall be aggregated and treated— (a) until the prescribed date, as those of the man ; and (b) on and after that date, as those of such one of them as satisfies prescribed conditions or, where both of them satisfy or neither of them satisfies those conditions, as those of such one of them as they may jointly nominate in accordance with regulations or, in default of such a nomination, as the Secretary of State may determine. (2) Where a person is responsible for, and is a member of the same household as, another person and they are not a married or unmarried couple, then— (a) if the other person is a child or is excluded from entitlement to supplementary benefit by section 6(2) of this Act; or (b) if the circumstances are such as are prescribed, their requirements and resources shall be aggregated and treated as those of the first-mentioned person. (3) Regulations may provide that, in a case falling within the preceding sub-paragraph, sub-paragraph (1) of this paragraph shall apply in relation to the other person with prescribed modifications. (4) Where the amount of any supplementary benefit would be less than a prescribed amount, the benefit shall not be payable except in prescribed circumstances.

31

In Schedule 5—

• (a) for the word “Commission" wherever it occurs except in paragraphs 1, 2(1) and 3, there shall be substituted the words “Secretary of State";

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) in paragraph 2(1) for the words from “Commission to" onwards there shall be substituted the words “Secretary of State to provide and maintain places, to be known as resettlement units, at which persons without a settled way of life are afforded temporary board and lodging with a view to influencing them to lead a more settled life.";

• (e) in paragraph 2(2) for the words “reception centres" there shall be substituted the words “resettlement units";

• (f) in paragraph 2(4) for the word “them" there shall be substituted the word “him";

• (g) paragraph 3 shall be omitted;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

• (1) In Schedule 6 paragraphs 6 and 7 (which relate to transitional cases involving a pension under the Old Age Pensions Act 1936 or an assistance grant under the National Assistance Act 1948 or an appeal to a tribunal constituted under Schedule 3 to the Supplementary Benefit Act 1966) shall cease to have effect, but any supplementary benefit payable to a woman instead of to another person by virtue of sub-paragraph (4) of the said paragraph 6 shall continue to be so payable subject to any regulations relating to that sub-paragraph which are made in pursuance of section 8(1) of this Act.

• (2) In paragraph 8 of Schedule 6 (which among things provides for certain proceedings for the recovery of sums which could previously have been taken by the National Assistance Board to be taken by the Supplementary Benefits Commission in some cases and the Secretary of State in others) for paragraphs (a) and (b) of sub-paragraph (1) there shall be substituted the words “by the Secretary of State", and sub-paragraph (3) shall be omitted.

PART II — Provisions of the Act as amended

SCHEDULE 3

PART I — Constitution etc of Committee

1

The Committee shall consist of a chairman appointed by the Secretary of State and not less than 8 nor more than 11 other members so appointed.

2

Subject to paragraph 4 of this Schedule, 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

• (1) 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; and

• (c) one after consultation with the Head of the Department of Health and Social Services for Northern Ireland ;

and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled.

• (2) In selecting a person with such experience as aforesaid 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 by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Minister for the Civil Service determine.

6

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.

7

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 ; and

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

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

8

• (1) The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Minister for the Civil Service.

• (2) Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Minister for the Civil Service.

9

The Committee may act notwithstanding any vacancy among the members.

10

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

PART II — Regulations not requiring prior submission to Committee

Family Income Supplement

11

Regulations under section 2(1) or 3(1) of the Family Income Supplements Act 1970 or the Family Income Supplements Act (Northern Ireland) 1971 (under which amounts may be prescribed for the purposes of determining the amount of family income supplement payable to any person).

Social Security

12

• (1) Regulations relating only to industrial injuries benefit within the meaning of the principal Act or the Social Security (Northern Ireland) Act 1975.

• (2) Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 120, 122 or 126A of the principal Act (which provide for the re-rating of contributions and the up-rating of certain increments) or an up-rating order within the meaning of that Act or contained in a statutory rule which states that it contains only provisions in consequence of an order under section 120 of the said Act of 1975 (which provides for re-rating and up-rating in Northern Ireland).

• (3) Regulations contained in a statutory instrument or rule which states that the regulations relate only to matters which in accordance with the principal Act, the said Act of 1975 or any enactment directed to be construed as one with either of those Acts, have been referred to the Attendance Allowance Board or the Attendance Allowance Board for Northern Ireland.

Social Security Pensions

13

• (1) Regulations under section 1 of the Pensions Act or Article 3 of the Social Security Pensions (Northern Ireland) Order 1975 (which provide for the fixing of the upper and lower earnings limits) or regulations contained in a statutory instrument or rule which states that it contains only regulations to make provision consequential on regulations under that section or, as the case may be, that Article.

• (2) Regulations made only for the purposes of Part III or IV of that Act or Part TV or V of that Order (which relate to contracting-out and occupational pensions).

Child Benefit

14

• (1) Regulations under section 5 of the Child Benefit Act 1975 or Article 7 of the Child Benefit (Northern Ireland) Order 1975 (under which the rate of child benefit may be prescribed).

• (2) Regulations under section 17 of that Act or Article 19 of that Order (under which social security benefits may be varied following an increase of the rate of child benefit).

Supplementary Benefits

15

Regulations of which the effect is to increase any amount which is—

• (a) specified in regulations made for the purposes of section 3 of the Supplementary Benefits Act 1976 (which relates to cases of exceptional need); or

• (b) specified in any provision mentioned in section 4 of that Act (which provides for the modification for urgent cases of sections 3, 5 to 8 and 10 of that Act and Schedule 1 to that Act) by virtue of regulations made in pursuance of the said section 4; or

• (c) specified in regulations made by virtue of paragraph 1(2)(b) or (3) or 2(1) of Schedule 1 to that Act (which relate to resources and requirements); or

• (d) specified in paragraph 2(3) of that Schedule (which relates to the requirements of couples and householders) by virtue of regulations made in pursuance of paragraph 2(4) of that Schedule,

and corresponding regulations applying to Northern Ireland.

National Insurance Surcharge

16

Regulations contained in a statutory instrument or rule which states that it contains only provisions in consequence of the National Insurance Surcharge Act 1976 or of that Act and either an order under section 120 or 122 of the principal Act or an order under section 120 of the Social Security (Northern Ireland) Act 1975.

Miscellaneous

17

Regulations made within a period of six months beginning with the date of the passing of this Act under the Family Income Supplements Act 1970, the Family Income Supplements Act (Northern Ireland) 1971, the Child Benefit Act 1975, the Child Benefit (Northern Ireland) Order 1975, the Supplementary Benefits Act 1976 or the Supplementary Benefits (Northern Ireland) Order 1977.

18

Regulations not falling within paragraph 17 of this Schedule which are made during the period of six months beginning with the passing of this Act and contained in a statutory instrument or rule which states that it contains only regulations to make provision consequential on the passing of this Act.

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.

21

Regulations making in relation to Northern Ireland only provision corresponding to provision contained in regulations made by the Secretary of State in relation to Great Britain.

SCHEDULE 4

Polish Resettlement Act 1947