Social Security Act 1986

(2B) Regulations under subsection (1) above may provide for the review by the Secretary of State of decisions on questions determined by him. (2C) The Lord Chancellor may by regulations provide— (a) for officers authorised— (i) by the Lord Chancellor ; or (ii) in Scotland, by the Secretary of State, to determine any question which is determinable by a Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference; (b) for the procedure to be followed by any such officer in determining any such question; (c) for the manner in which determinations of such questions by such officers may be called in question. (2D) A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Commissioner is not a determination of the appeal, application or reference for the purposes of subsection (2C) above.

; and

• (b) subsections (3) and (4) shall cease to have effect.

17

The following subsection shall be inserted after section 166(5) of that Act (regulations)—

(5A) Where the Lord Chancellor proposes to make regulations under this Act it shall be his duty to consult the Lord Advocate with respect to the proposal.

.

18

In paragraph 2(2) of Schedule 12 to that Act (appointment of members of medical appeal tribunals) for the words " Secretary of State " there shall be substituted the word " President ".

19

In Schedule 13 to that Act (provision which may be made by procedure regulations)—

• (a) the following paragraph shall be inserted after paragraph 1—

(1A) Provision as to the striking out of proceedings for want of prosecution.

;

• (b) in paragraph 10, for the words from " the determination " to the end there shall be substituted the words " a determination. ".

20

In Schedule 20 to that Act (glossary of expressions), for the definition of " Regulations " there shall be substituted the following definition—

"Regulations"	In relation to regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) and to regulations under section 114(2C) above regulations made by the Lord Chancellor under this Act and in relation to other regulations, regulations made by the Secretary of State under this Act.

.

Part II — Questions for Determination by the Secretary of State

The questions referred to in section 52(2) above are—

SCHEDULES 6, 7

Interpretation

1

• (1) In this Schedule " qualifying benefit" means—

• (a) any of the following benefits under the Social Security Act 1975.—

• (i) a retirement pension;

• (ii) an invalidity pension ;

• (iii) a widowed mother's allowance or widow's pension ;

• (iv) a severe disablement allowance;

• (v) an invalid care allowance;

• (vi) an industrial death benefit by way of widow's or widower's pension;

• (b) an attendance allowance ;

• (c) an unemployability supplement or allowance ;

• (d) a war disablement pension ;

• (e) a war widow's pension;

• (f) income support.

• (2) In this Schedule—

• " attendance allowance " means— an attendance allowance under section 35 of the Social Security Act 1975 ; an increase of disablement pension under section 61 or 63 of that Act (increases in respect of the need for constant attendance); a payment under regulations made in exercise of the power in section 159(3X6) of that Act (constant attendance allowance and an increase for exceptionally severe disablement for certain pre-1948 cases) ; an increase of allowance under Article 8 of the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit Scheme 1983 (constant attendance allowance for certain persons to whom that Scheme applies) or under the corresponding provision of any Scheme which may replace that Scheme ; an allowance in respect of constant attendance on account of disablement for which a person is in receipt of war disablement pension, including an allowance in respect of exceptionally severe disablement;

• " married couple " and " unmarried couple" are to be construed in accordance with Part II of this Act and any regulations made under it.

• " pensionable age " means— in the case of a man, the age of 65 ; in the case of a woman, the age of 60 ;

• " retirement pension " includes graduated retirement benefit, if paid periodically ;

• " unemployability supplement or allowance " means— an unemployability supplement payable under section 58 of the Social Security Act 1975 by virtue of paragraph 4 of Schedule 3 to this Act; or any corresponding allowance payable— by virtue of section 7(3)(a) of the Industrial Injuries and Diseases (Old Cases) Act 1975 ; by way of supplement to retired pay or pension exempt from income tax under section 365(1) of the Income and Corporation Taxes Act 1970; under the Personal Injuries (Emergency Provisions) Act 1939 ; or by way of supplement to retired pay or pension under the Polish Resettlement Act 1947 ; and each of the following expressions, namely "attendance allowance ", " unemployability supplement or allowance", " war disablement pension" and "war widow's pension", includes any payment which the Secretary of State accepts as being analogous to it.

• (3) In this Schedule " the relevant week ", in relation to any year, means the week beginning with the first Monday in December or such other week as may be specified in an order made by the Secretary of State.

Entitlement

2

• (1) Any person who in any year—

• (a) is present or ordinarily resident in the United Kingdom or any other member state at any time during the relevant week; and

• (b) is entitled to a payment of a qualifying benefit in respect of a period which includes a day in that week or is to be treated as entitled to a payment of a qualifying benefit in respect of such a period,

shall, subject to the following provisions of this Schedule, be entitled to payment under this sub-paragraph in respect of that year.

• (2) Subject to the following provisions of this Schedule, any person who is a member of a married or unmarried couple and is entitled to a payment under sub-paragraph (1) above in respect of a year shall also be entitled to payment under this sub-paragraph in respect of that year if—

• (a) both members of the couple have attained pensionable age not later than the end of the relevant week ; and

• (b) the other member of the couple satisfies the condition mentioned in sub-paragraph (1)(a) above; and

• (c) either—

• (i) he is entitled or treated as entitled, in respect of the other member of the couple to an increase in the payment of the qualifying benefit; or

• (ii) the only qualifying benefit to which he is entitled is income support.

• (3) A payment under sub-paragraph (1) or (2) above—

• (a) is to be made by the Secretary of State ; and

• (b) is to be of £10 or such larger sum as the Secretary of State may by order specify.

• (4) Where the only qualifying benefit to which a person is entitled is income support, he shall not be entitled to a payment under sub-paragraph (1) above unless he has attained pensionable age not later than the end of the relevant week.

• (5) Only one sum shall be payable in respect of any person.

3

• (1) For the purposes of paragraph 2 above the Channel Islands, the Isle of Man and Gibraltar shall be treated as though they were part of the United Kingdom.

• (2) A person shall be treated for the purposes of paragraph 2(1)(b) above as entitled to a payment of a qualifying benefit if he would be so entitled—

• (a) in the case of a qualifying benefit other than income support—

• (i) but for the fact that he or, if he is a member of a married or unmarried couple, the other member is entitled to receive some other payment out of public funds ;

• (ii) but for the operation of section 30(1) of the Social Security Act 1975 ;

• (iii) but for the fact that he has not made a claim for the payment;

• (b) in the case of income support, but for the fact that his income or, if he is a member of a married or unmarried couple, the income of the other member of the couple was exceptionally of an amount which resulted in his having ceased to be entitled to income support.

• (3) A person shall be treated for the purposes of paragraph 2(2)(c)(i) above as entitled in respect of the other member of the couple to an increase in a payment of qualifying benefit if he would be so entitled—

• (a) but for the fact that he or the other member is entitled to receive some other payment out of public funds ;

• (b) but for the operation of any provision of section 30(1), 45(2) or (2A) or 66(4) of the Social Security Act 1975 or any regulations made under section 66(3) of that Act whereby entitlement to benefit is affected by the amount of a person's earnings in a given period ; or

• (c) but for such terms as are mentioned in sub-paragraph (2)(a)(iii) above ; or

• (d) but for the fact that he has not made a claim for the increase.

• (4) For the purposes of paragraph 2 above a person shall be deemed not to be entitled to a payment of a war disablement pension unless not later than the end of the relevant week—

• (a) he has attained the age of 70 in the case of a man or 65 in the case of a woman ; or

• (b) he is treated under section 27(3) of the Social Security Act 1975 as having retired from regular employment.

• (5) A sum payable under paragraph 2 above shall not be treated as benefit for the purposes of any enactment or instrument under which entitlement to the relevant qualifying benefit arises or is to be treated as arising.

• (6) A payment and the right to receive a payment—

• (a) under paragraph 2 above or any enactment corresponding to it in Northern Ireland ; or

• (b) under regulations relating to widows which are made by the Secretary of State under any enactment relating to police and which contain a statement that the regulations provide for payments corresponding to payments under that paragraph,

shall be disregarded for all purposes of income tax and for the purposes of any enactment or instrument under which regard is had to a person's means.

Administration of payments

4

• (1) A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of paragraph 2 above; and in this sub-paragraph " competent authority " means, in relation to a payment of any description of qualifying benefit, an authority who ordinarily determines whether a person is entitled to such a payment

• (2) Any question arising under this Schedule other than one determined or falling to be determined under sub-paragraph (1) above shall be determined by the Secretary of State whose decision shall except as provided by the following sub-paragraph be final.

• (3) The Secretary of State may reverse a decision under sub-paragraph (2) above on new facts being brought to his notice or if he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.

SCHEDULE 7

Interpretation

1

In this Schedule—

• " the former National Insurance Acts" means the National Insurance Act 1946 and the National Insurance Act 1965 ; and

• " the former Industrial Injuries Acts " means the National Insurance (Industrial Injuries) Act 1946 and the National Insurance (Industrial Injuries) Act 1965.

Prevention of duplication of payments

2

Section 27 above shall have effect in relation to supplementary benefit as it has effect in relation to income support.

Claims and Payments

3

• (1) Section 51 above shall have effect in relation to the benefits specified in sub-paragraph (2) below as it has effect in relation to the benefits to which it applies by virtue of subsection (2).

• (2) The benefits mentioned in sub-paragraph (1) above are benefits under—

• (a) the former National Insurance Acts ;

• (b) the former Industrial Injuries Acts ;

• (c) the National Assistance Act 1948 ;

• (d) the Supplementary Benefit Act 1966 ;

• (e) the Supplementary Benefits Act 1976 ;

• (f) the Family Income Supplements Act 1970.

Adjudication

4

• (1) Section 52(3) above shall have effect for the purposes of the benefits specified in paragraph 3(2) above as it has effect for the purposes of benefit under the Social Security Act 1975.

• (2) Procedure regulations made under section 115 of the Social Security Act 1975 by virtue of sub-paragraph (1) above may make different provision in relation to each of the benefits specified in paragraph 3(2) above.

Overpayments

5

• (1) Section 53 above shall have effect in relation to the benefits specified in paragraph 3(2) above as it has effect in relation to the benefits to which it applies by virtue of subsection (10).

• (2) The reference to housing benefit in section 29(4) includes a reference to housing benefits under Part II of the Social Security and Housing Benefits Act 1982.

Legal proceedings

6

Section 56 above shall have effect as if the benefit Acts included—

• (a) the National Assistance Act 1948 ;

• (b) the Supplementary Benefit Act 1966 ;

• (c) the Supplementary Benefits Act 1976 ;

• (d) the Family Income Supplements Act 1970.

Inspection

7

Section 58 above shall have effect as if the benefit Acts included the Acts mentioned in paragraph 6(c) and (d) above.

Up-rating

8

Section 63 above shall have effect as if the sums mentioned in subsection (1) included sums payable by way of benefit under—

• (a) the Family Income Supplements Act 1970 ;

• (b) the Supplementary Benefits Act 1976 ; and

• (c) Part II of the Social Security and Housing Benefits Act 1982.

SCHEDULE 8

Social Security Act 1975 (c. 14)

1

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2

• (1) In subsection (2) of section 13 (contribution conditions and the earnings factor) for the words from "from" to "above" there shall be substituted the words "in respect of each tax year from those of his earnings upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions".

• (2) In subsection (3) of that section, for the words from " primary " to the end there shall be substituted the words " earnings upon which primary Class 1 contributions are paid at the reduced rate ".

• (3) In subsection (4), for the words " contributions of any class " there shall be substituted the words " earnings or Class 2 or Class 3 contributions ".

• (4) In subsection (5)—

• (a) for the word " contributions ", in the first place where it occurs, there shall be substituted the words " earnings or Class 2 or Class 3 contributions " ;

• (b) paragraph (a) shall be omitted ; and

• (c) few the words from " shall be derived " to the end of the subsection there shall be substituted the words "may be derived—

• (i) from earnings upon which primary Class 1 contributions have been paid or treated as paid ;

• (ii) from earnings which have been credited ;

• (iii) from contributions of different classes paid or credited in the same tax year;

• (iv) by any combination of the methods mentioned in sub-paragraphs (i) to (iii) above.".

• (5) The following subsection shall be inserted after subsection (5A)—

(5B) Regulations may provide for requiring persons to maintain, in such form and manner as may be prescribed, records of such earnings paid by them as are relevant for the purpose of calculating earnings factors, and to retain such records for so long as may be prescribed.

.

• (6) In subsection (6)(c)—

• (a) for the words " person's contribution of any class or classes " there shall be substituted the word " person " ;

• (b) for the words " those contributions" there shall be substituted the words " his earnings upon which primary Class 1 contributions have been paid or treated as paid and from his Class 2 and Class 3 contributions ".

3

• (1) The following paragraph shall be substituted for sub-paragraph (2)(b) of paragraph 1 (unemployment and sickness benefit) of Schedule 3 (contribution conditions)—

(b) the earnings factor derived— (i) in the case of unemployment benefit, from earnings upon which primary Class 1 contributions have been paid or treated as paid; and (ii) in the case of sickness benefit, from such earnings or from Class 2 contributions, must be not less than that year's lower earnings limit multiplied by 25.

.

• (2) In sub-paragraph (3)(a) of that paragraph, after the word " class " there shall be inserted the words " or been credited with earnings ".

• (3) The following paragraph shall be substituted for sub-paragraph (3)(b)—

(b) the earnings factor derived— (i) in the case of unemployment benefit, from earnings upon which primary Class 1 contributions have been paid or treated as paid or from earnings credited ; and (ii) in the case of sickness benefit, from such earnings or from Class 2 contributions, must be not less than that year's lower earnings limit multiplied by 50.

.

• (4) In sub-paragraph (1)(b) of paragraph 4 of that Schedule for the words " those contributions " there shall be substituted the words " earnings upon which primary Class 1 contributions have been paid or treated as paid and from Class 2 and Class 3 contributions ".

• (5) In sub-paragraph (2)(b) of paragraph 5 of that Schedule (widowed mother's allowance, widow's pension and retirement pensions) for the words " those contributions " there shall be substituted the words " earnings upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid and any Class 2 or Class 3 contributions ".

• (6) The following paragraph shall be substituted for sub-paragraph (3)(b) of that paragraph—

(b) in the case of each of those years, the earnings factor derived from— (i) any earnings upon which such of those contributions as are primary Class 1 contributions were paid or treated as paid or earnings credited ; and (ii) any Class 2 or Class 3 contributions for the year, must be not less than the qualifying earnings factor for the year.

.

• (7) In paragraph 8(3) (satisfaction of certain contribution conditions in early years of contribution) for the words " his contributions of a relevant class " there shall be substituted the words " the aggregate of his earnings upon which primary Class 1 contributions were paid or treated as paid and from Class 2 contributions ".

Social Security Pensions Act 1975 (c. 60)

4

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5

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6

In subsection (1) of section 5 of that Act (voluntary contributions) after the word " from " there shall be inserted the words " earnings upon which Class 1 contributions have been paid or treated as paid or from Class 2 ".

7

• (1) In section 6 (rate of Category A retirement pension)—

• (a) in subsection (5), for the words " contributions actually paid by him in respect of that year " there shall be substituted the words " earnings upon which primary Class 1 contributions were paid or treated as paid in respect of that year and earnings factors derived from Class 2 and Class 3 contributions actually paid in respect of it " ; and

• (b) subsection (5A) shall be omitted.

8

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9

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10

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Social Security (Miscellaneous Provisions) Act 1977 (c. 5)

11

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SCHEDULE 9

Part I — . . .

1

After section 112 of the Social Security (Northern Ireland) Act 1975 there shall be inserted the following section—

(112A) (1) Subject to this section, an appeal lies to a Commissioner from any decision of a medical appeal tribunal on the ground that the decision is erroneous in point of law, at the instance of— (a) an adjudication officer; or (b) the claimant; or (c) a trade union of which the claimant was a member at the time of the relevant accident or, in a case relating to severe disablement allowance, at the prescribed time ; or (d) the Department. (2) Subsection (1) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members. (3) No appeal lies under subsection (1) above without the leave— (a) of the person who was the chairman of the medical appeal tribunal when the decision was given or, in a case prescribed by regulations, the leave of some other chairman of a medical appeal tribunal; or (b) subject to and in accordance with regulations, of a Commissioner, and regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal. (4) Where a question of law arises in a case before a medical appeal tribunal, the tribunal may refer that question to a Commissioner for his decision. (5) On any such appeal or reference, the question of law arising for the decision of the Commissioner and the facts on which it arises shall be submitted for his consideration in the prescribed manner; and the medical appeal tribunal on being informed in the prescribed manner of his decision on the question of law shall give, confirm or revise their decision on the accordingly. (6) No appeal lies under subsection (1) from a decision of a medical appeal tribunal given before the date of the coming into operation of Part I of Schedule 9 to the Social Security Act 1986.

.

Part II — Transfer of Functions Relating to Commissioners

2

• (1) In this Part—

• “the Commissioners” means the Chief and other Social Security Commissioners for Northern Ireland;

• “the Department”, except in the expression “the Department of Finance and Personnel”, means the Department of Health and Social Services for Northern Ireland.

• (2) The references in paragraphs 3(1)(b) and 4 to service by any person as a Commissioner include references to service treated as service as a Commissioner under paragraph 5(2) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (service under former enactments).

3

• (1) The following functions of the Department are hereby transferred to the Lord Chancellor—

• (a) the functions of the Department under paragraphs 4, 6 and 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (payment of remuneration, expenses, and pensions of the Commissioners);

• (b) the functions of the Department under the provisions of the Judicial Pensions Act (Northern Ireland) 1951 (lump sums and widow’s and children’s pensions) and paragraph 3 of Schedule 3 to the Administration of Justice Act 1973 (increase of certain widow’s and children’s pensions) so far as those provisions apply to service by any person as a Commissioner;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the making, under or for the purposes of the enactments mentioned in sub-paragraph (2) below, of regulations with respect to proceedings before the Commissioners, whether for the determination of any matter or for leave to appeal to or from the Commissioners.

• (2) The enactments referred to in sub-paragraph (1)(d) above are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) Article 6 of the Forfeiture (Northern Ireland) Order 1982;

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

• (1) The functions of the Department of Finance and Personnel, so far as they relate to the functions transferred by paragraph 3 above, are hereby transferred to the Treasury.

• (2) The functions of the Department of Finance and Personnel under the Judicial Pensions Act (Northern Ireland) 1951, so far as it applies to service by any person as a Commissioner, are hereby transferred to the Treasury.

5

The functions of the Secretary of State under paragraph 7(5) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (power of Secretary of State to require person retired on medical grounds to resume duties of Commissioner) are hereby transferred to the Lord Chancellor.

6

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7

Regulations made by the Lord Chancellor by virtue of this Part of this Schedule shall be subject to annulment in pursuance of a resolution of either House of Parliament in like manner as a statutory instrument and section 5 of the Statutory Instruments Act 1946 shall apply accordingly.

8

• (1) Enactments and instruments passed or made before the coming into operation of this Part of this Schedule shall have effect, so far as may be necessary for the purpose or in consequence of the transfers effected by this Part as if—

• (a) references to the Department or to the Secretary of State were references to the Lord Chancellor; and

• (b) references to the Department of Finance and Personnel were references to the Treasury; and

• (c) references to moneys appropriated by Measure of the Northern Ireland Assembly were references to money provided by Parliament and references to the Consolidated Fund of Northern Ireland were references to the Consolidated Fund of the United Kingdom.

• (2) This Part of this Schedule shall not affect the validity of anything done (or having effect as done) by or in relation to the Department, the Department of Finance and Personnel or the Secretary of State before the coming into operation of this Part, and anything which at the time of the coming into operation of this Part is in process of being done by or in relation to either of those Departments or the Secretary of State may, if it relates to a function transferred by this Part, be continued by or in relation to the Lord Chancellor or the Treasury, as the case may require.

• (3) Anything done (or having effect as done) by the Department, the Department of Finance and Personnel or the Secretary of State for the purpose of a function transferred by this Part of this Schedule, if in force at the coming into operation of this Part, shall have effect, as far as required for continuing its effect after the coming into operation of this Part, as if done by the Lord Chancellor or by the Treasury, as the case may require.

• (4) The amendments specified in Part III of this Schedule are without prejudice to the generality of this paragraph.

Part III — Consequential Amendments

Judicial Pensions Act (Northern Ireland) 1951 (c. 20) (N.I.)

9

In section 16 of the Judicial Pensions Act (Northern Ireland) 1951 (recommendation required for payments conditional on eligibility for Commissioners’ pensions) for the words “Department of Health and Social Services” there shall be substituted the words “Lord Chancellor”.

Social Security (Northern Ireland) Act 1975 (c. 15)

10

• (1) In paragraphs 4, 6 and 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975 (payment of remuneration, expenses and pensions of the Commissioners)—

• (a) for the word “Department” in each place where it occurs (except in the expression “Department of Finance”) there shall be substituted the words “Lord Chancellor”;

• (b) for the words “Department of Finance” in each place where they occur there shall be substituted the word “Treasury”.

• (2) In sub-paragraph (1) of the said paragraph 6 for the words “moneys appropriated by Measure of the Northern Ireland Assembly” there shall be substituted the words “money provided by Parliament”.

• (3) In sub-paragraph (5) of the said paragraph 7 for the words “Secretary of State” there shall be substituted the words “Lord Chancellor”.

Social Security Act 1980 (c. 30)

11

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12

In paragraph 21 of Schedule 3 to that Act (regulations in Northern Ireland corresponding to regulations in Great Britain made by the Secretary of State not requiring prior submission to Social Security Advisory Committee), after the words "Secretary of State" there shall be inserted the words " or the Lord Chancellor ".

Forfeiture (Northern Ireland) Order 1982 (S.I. 1982/1082 (N.I. 14))

13

In Article 6(2) of the Forfeiture (Northern Ireland) Order 1982 (regulations for purposes of determinations by Social Security Commissioner), for the words “Department of Health and Social Services” there shall be substituted the words “Lord Chancellor”.

SCHEDULE 10

Part I — Pensions

Social Security Act 1973 (c. 38)

1

The Social Security Act 1973 shall be amended as follows.

2

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3

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4

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5

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6

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7

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8

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9

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Social Security Act 1975 (c. 14)

10

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Social Security Pensions Act 1975 (c. 60)

11

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

12

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13

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14

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15

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16

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17

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18

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19

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20

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21

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22

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23

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24

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25

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26

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27

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28

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29

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30

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Employment Protection (Consolidation) Act 1978 (c. 44)

31

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Part II — Income-Related Benefits

National Assistance Act 1948 (c.29)

32

• (1) In subsection (3) of section 22 of the National Assistance Act 1948 (charges to be made for local authority accommodation) for the words “(apart from any supplementation of his resources which he will receive under the Supplementary Benefits Act 1976” there shall be substituted the words “(disregarding income support)”.

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

33

The words “, whether before or after the commencement of the Supplementary Benefits Act 1976,” shall be omitted from subsection (6) of section 43 of that Act (recovery of cost of assistance from persons liable for maintenance).

Maintenance Orders Act 1950 (c.37)

34

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

35

In section 4 of that Act (jurisdiction of English courts to make affiliation orders against persons in Scotland or Northern Ireland)—

• (a) the following paragraph shall be added at the end of subsection (1)—

(d) for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);

and

• (b) in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

36

In section 9 of that Act—

• (a) the following paragraph shall be added at the end of subsection (1)—

(d) for an order under section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);

and

• (b) in subsection (2), after the words “or the said section 18” there shall be inserted the words “or the said section 24”.

37

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

38

In section 12 of that Act (jurisdiction of Northern Ireland courts to make affiliation orders against persons in England or Scotland)—

• (a) the following paragraph shall be added at the end of subsection (1)—

(d) for an order under any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986 (which provides for the recovery of expenditure on income support from such persons);

and

• (b) the words “or of any order falling within subsection (1)(d) of this section” shall be added at the end of subsection (2).

39

In section 16(2) of that Act (enforcement of maintenance orders)—

• (a) the following sub-paragraph shall be inserted after paragraph (a)(vii)—

(viii) section 24 of the Social Security Act 1986 or section 4 of the Affiliation Proceedings Act 1957 on an application made under section 25(1) of the Act of 1986;

;

• (b) the following sub-paragraph shall be inserted after paragraph (b)(viii)—

(ix) an order made on an application under section 24 of the Social Security Act 1986;

; and

• (c) the following sub-paragraph shall be inserted after paragraph (c)(vii)—

(viii) any enactment applying in Northern Ireland and corresponding to section 24 of the Social Security Act 1986;

.

Ecclesiastical Jurisdiction Measure 1963 (No. 1)

40

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

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

41

• (1) In section 78(2A) of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care etc.) for words from “of” where second occurring to the end there shall be substituted the words “of income support or family credit.”.

• (2) In section 87(3) of that Act (charges for service and accommodation)—

• (a) after the word “by” where first occurring there shall be inserted the words “the Schedule to the Housing (Homeless Persons) Act 1977, paragraph 2(1) of Schedule 4 to the Social Security Act 1980,”;

• (b) after “1983” there shall be inserted “and paragraph 32 of Schedule 10 to the Social Security Act 1986”; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration of Justice Act 1970 (c. 31)

42

In Schedule 8 to the Administration of Justice Act 1970 (maintenance orders)—

• (a) in paragraph 5, the word “or” shall be omitted from both places where it occurs and after “1975” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

• (b) in paragraph 6, the word “or”, where first occurring, shall be omitted and after “1976” there shall be inserted the words “ or section 24 of the Social Security Act “1986”. ”

Attachment of Earnings Act 1971 (c. 32)

43

In Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders)—

• (a) in paragraph 6, the word “or” shall be omitted from both places where it occurs and after “1976” there shall be inserted the words “or section 25 of the Social Security Act 1986”; and

• (b) in paragraph 7, the word “or” where first occurring shall be omitted and after “1976” there shall be inserted the words “or section 24 of the Social Security Act 1986”.

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

44

• (1) In section 24(1)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (amount to be carried to credit of rent rebate account) for the words “under section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.

• (2) In section 25(1)(a) of that Act (amount to be carried to credit of rent allowance account) for the words “under section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “under section 30 of the Social Security Act 1986”.

Employment and Training Act 1973 (c. 50)

45

In section 12(2)(b) of the Employment and Training Act 1973 (ancillary and transitional provisions) for the words “supplementary benefit within the meaning of the Supplementary Benefits Act 1976” there shall be substituted the words “income support”.

Legal Aid Act 1974 (c. 4)

46

In each of the following provisions of the Legal Aid Act 1974, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”—

• (a) section 1(1)(b);

• (b) section 4(2);

• (c) section 11(5).

47

In paragraph 3(c) of Part I of Schedule 1 to that Act for the words “18 of the Supplementary Benefits Act 1976” there shall be substituted the words “24 of the Social Security Act 1986”.

Social Security Act 1975 (c. 14)

48

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

Local Government (Scotland) Act 1975 (c. 30)

49

The words “the housing benefit scheme (whether or not modified under section 28 of the Social Security Act 1986)” shall be substituted for the words “a scheme made under section 28(1)(a) of the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act)”—

• (a) in section 8(4) of the Local Government (Scotland) Act 1975 (payment of rates by instalments);

• (b) in section 1(6) of the Rating (Disabled Persons) Act 1978 (rebates for hereditaments with special facilities for disabled persons); and

• (c) in section 4(9) of that Act (rebates for lands and heritages with special facilities for disabled persons).

Employment Protection (Consolidation) Act 1978 (c.44)

50

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

Child Care Act 1980 (c. 5)

51

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

Local Government, Planning and Land Act 1980 (c. 65)

52

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

53

In section 154 of that Act (grant of rent rebates by urban developments corporations) for the words “Part II of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “Part II of the Social Security Act 1986”.

Magistrates' Courts Act 1980 (c. 43)

54

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

Civil Jurisdiction and Judgments Act 1982 (c. 27)

55

In paragraph 5 of Schedule 5 to the Civil Jurisdiction and Judgments Act 1982 (proceedings excluded from Schedule 4)—

• (a) in sub-paragraph (c), after “1976”, there shall be inserted the words “section 24 of the Social Security Act 1986, or any enactment applying in Northern Ireland and corresponding to it,”; and

• (b) in sub-paragraph (d), after “1976,” there shall be inserted the words “section 25 of the Social Security Act 1986 or any enactment applying in Northern Ireland and corresponding to it,”.

Legal Aid Act 1982 (c. 44)

56

In section 7(8) of the Legal Aid Act 1982 (legal aid contribution orders) for the words from “supplementary benefit” to the end there shall be substituted the words “income support or family credit under the Social Security Act 1986.”.

Transport Act 1982 (c. 49)

57

In section 70(2)(b) of the Transport Act 1982 (payments in respect of applicants for exemption from wearing seat belts) for the words from “of” to “and” there shall be substituted the words “of income support or family credit and”.

Housing Act 1985 (c.68)

58

In subsection (2)(b) of section 425 of the Housing Act 1985 (the local contribution differential) for the words “section 32 of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30 of the Social Security Act 1986”.

59

In Item 4 in Part I of Schedule 14 to that Act (items to be credited to the Housing Revenue Account) for the words “Social Security and Housing Benefits Act 1982” there shall be substituted the words “Social Security Act 1986”.

60

In paragraph 3 of Part IV of that Schedule (rate fund contributions to the Housing Revenue Account) for the words “section 34(1) of the Social Security and Housing Benefits Act 1982” there shall be substituted the words “section 30(6) of the Social Security Act 1986”.

Legal Aid (Scotland) Act 1986 (c.47)

61

In section 8(b) (availability of legal advice and assistance) and section 11(2) (clients’ contributions) of the Legal Aid (Scotland) Act 1986, for the words from “supplementary” to “1970” there shall be substituted the words “income support or family credit”.

Part III — Benefits under Social Security Act 1975

Social Security Act 1975 (c. 14)

62

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

63

In section 12(1) (descriptions of contributory benefits) the following sub-paragraph shall be substituted for sub-paragraph (i) of paragraph (e)—

(i) widow's payment,

.

64

In section 13 (contribution conditions) in subsection (1), in the Table headed " Other benefits " the following entry shall be inserted before the entry relating to widowed mother's allowance—

Widow's payment

.

65

The following entry shall be inserted in section 167(1)(a) of that Act (regulations subject to affirmative Parliamentary procedure) immediately after the entry relating to section 20(3)—

section 61(3) (constant attendance allowance);

66

In Schedule 3 (contribution conditions)—

• (a) in paragraph 4(1) for the words preceding paragraph (a) there shall be substituted the words—

(4) (1) The contribution condition for a widow's payment is that—

.

• (b) " payment" shall be substituted for "allowance"—

• (i) in sub-paragraph (2)(b) of paragraph 8 ; and

• (ii) in the second place where it occurs in sub-paragraph (3) of that paragraph ; and

• (c) the following paragraph shall be substituted for paragraph 13—

(13) Where a woman claims a widow's payment, the contributor concerned for the purposes of the claim shall be deemed to satisfy the contribution condition for the payment if on a claim made in the past for any short-term benefit he has satisfied the first contribution condition for the benefit, by virtue of paragraph 8 above, with contributions of a class relevant to widow's payment.

.

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)

67

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

68

• (1) In section 4(8)(a) of that Act (parliamentary procedure for making of schemes) for the words “an up-rating order under the Social Security Act” there shall be substituted the words “any order or regulations under the Social Security Acts 1975 to 1986”.

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

Social Security Pensions Act 1975 (c. 60)

69

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

70

In section 15 of that Act (invalidity pension for widows)—

• (a) in subsection (1)—

• (i) the following paragraphs shall be substituted for paragraphs (a) and (b)—

(a) is not entitled to a widowed mother's allowance on her late husband's death or subsequently ceases to be entitled to such an allowance; and (b) is incapable of work at the time when he died or when she subsequently ceases to be so entitled ;

;

• (ii) in paragraph (c), for " 40 " there shall be substituted "45 ";

• (b) in subsection (2)(a), for the words from " she " to the end there shall be substituted the words "her late husband died or she subsequently ceased to be entitled to a widowed mother's allowance ; "; and

• (c) in subsection (4)(a), for " 50 " there shall be substituted "55 ".

Part IV — Statutory Maternity Pay, Statutory Sick Pay Etc.

Income and Corporation Taxes Act 1970 (c. 10)

71

At the end of section 219A of the Income and Corporation Taxes Act 1970 (which charges certain payments to income tax under Schedule E) there shall be added

and (d) payments of statutory maternity pay under Part V of the Social Security Act 1986 or, in Northern Ireland, any corresponding provision contained in an Order in Council under the Northern Ireland Act 1974.

.

Social Security Act 1975 (c. 14)

72

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

73

In section 122(4) of that Act for the words “either or both those Funds” there shall be substituted the words “that Fund”.

Social Security (Miscellaneous Provisions) Act 1977 (c. 5)

74

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

Employment Protection (Consolidation) Act 1978 (c. 44)

75

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

76

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

Social Security and Housing Benefits Act 1982 (c. 24)

77

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

78

The following paragraph shall be inserted before paragraph (a) of section 45(2) of that Act (Parliamentary control of subordinate legislation)—

(za) regulations under section 7 of this Act;

.

Insolvency Act 1985 (c. 65)

79

In paragraph 3(2)(d) of Part II of Schedule 4 to the Insolvency Act 1985 (preferential debts) the words from the beginning to “1982” shall cease to have effect.

Bankruptcy (Scotland) Act 1985 (c. 66)

80

Paragraph 9(2)(d) of Schedule 3 to the Bankruptcy (Scotland) Act 1985 (preferential debts) shall cease to have effect.

Wages Act 1986 (c.48)

81

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

Part V — Common Provisions

Social Security Act 1973 (c. 38)

82

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

Social Security Act 1975 (c. 14)

83

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

84

In subsection (1) of section 28 of that Act (Category A retirement pension) the words from " (subject" to " rule)) " shall be omitted.

85

The following subsection shall be substituted for subsection (3) of section 90 of that Act (obligations of claimant)—

(3) The regulations relevant under subsection (2) above are— (a) those made by virtue of the following provisions of this Chapter, namely— (i) section 88(a), and (ii) section 89(1) and (2); and (b) those made by virtue of section 51(1)(h), (k) and (l) of the Social Security Act 1986.

.

86

In section 141(2) (reference of proposals to make regulations to Industrial Injuries Advisory Council) for the word " Where" there shall be substituted the words "Subject to section 61 of the Social Security Act 1986, where ".

87

The following section shall be substituted for section 165A of that Act—

(165A) (1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied— (a) he makes a claim for it in the prescribed manner and within the prescribed time; or (b) by virtue of regulations made under section 51 of the Social Security Act 1986 he is treated as making a claim for it. (2) Where under subsection (1) above a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it— (a) if the benefit is a widow's payment, she shall not be entitled to it in respect of a death occurring more than twelve months before the date on which the claim is made or treated as made ; and (b) if the benefit is any other benefit, except disablement benefit or reduced earnings allowance, the person shall not be entitled to it in respect of any period more than twelve months before that date.

.

88

The words ", reduced earnings allowance " shall be inserted in section 165A(3)(c), as originally enacted, after the words "disablement benefit ".

89

In section 167(3) of that Act (parliamentary procedure) for the words “, 123A or 126A or an up-rating order” there shall be substituted the words “or 123A”.

90

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

Social Security Pensions Act 1975 (c. 60)

91

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

92

In section 24(1)(a) of that Act (graduated retirement benefit) for the words " 124 to 126 of the principal Act" there shall be substituted the words "sections 63 and 64 of the Social Security Act 1986 ".

93

In subsection (1) of section 59 of that Act (official pension) for the words “that section” there shall be substituted the words “section 63 of the Social Security Act 1986”.

94

In section 61(2) of that Act (consultation about regulations)—

• (a) for the word “Where” there shall be substituted the words “Subject to section 61 of the Social Security Act 1986, where”; and

• (b) after the words “of this Act” there shall be inserted the words “or of Part I of the Social Security Act 1986”.

95

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

Child Benefit Act 1975 (c. 61)

96

At the end of subsection (1) of section 6 of the Child Benefit Act 1975 (child benefit claims and payments) there shall be added the words “and within the prescribed time”.

97

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

Social Security Act 1980 (c. 30)

98

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

99

In paragraph 12(2) of Schedule 3 to that Act (regulations not requiring submission to Social Security Advisory Committee) for the words from " sections of " to the end there shall be substituted the words " provisions—

• (a) section 120, 122 or 123A of the principal Act;

• (b) section 63 of the Social Security Act 1986,

or contained in a statutory rule which states that it contains only provisions in consequence of an order under section 120 of the Social Security (Northern Ireland) Act 1975 or any enactment applying in Northern Ireland and corresponding to section 63 of the Social Security Act 1986.".

Social Security Act 1985 (c. 53)

100

In section 9(9) of the Social Security Act 1985 (abatement of invalidity allowance) for the words " sections 124 and 126A of the Social Security Act 1975" there shall be substituted the words "section 63 of the Social Security Act 1986 ".

Part VI — Miscellaneous

Income and Corporation Taxes Act 1970 (c. 10)

101

In section 219 of the Income and Corporation Taxes Act 1970 (taxation of benefits)—

• (a) in subsection (1), for the words, “maternity benefit” there shall be substituted the words “maternity allowance, widow’s payments”; and

• (b) in subsection (2), for the words “in respect of a family income supplement under the Family Income Supplements Act 1970 or the Family Income Supplements Act (Northern Ireland) 1971” there shall be substituted the words “of family credit under the Social Security Act 1986 or any corresponding enactment applying to Northern Ireland,”.

Attachment of Earnings Act 1971 (c. 32)

102

In section 24(2)(c) of the Attachment of Earnings Act 1971 (social security benefits etc. not earnings for purposes of Act) for the words from “of” to the end there shall be substituted “enactment relating to social security;”.

National Insurance Act 1974 (c. 14)

103

The words “the Social Security Acts 1975 to 1986” shall be substituted—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) for the words “the Social Security Acts 1975 to 1985” in section 5 of the Social Security Act 1985.

Social Security Act 1975 (c. 14)

104

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

Supplementary Benefits Act 1976 (c. 71)

105

In section 8 of the Supplementary Benefits Act 1976 (persons affected by trade disputes)—

• (a) in subsection (1), the following words shall be substituted for the words from the beginning to "period", in the second place where it occurs—

So long as this section applies to a person, his requirements

; and

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

(2) This section applies to a person— (a) who is disqualified under section 19 of the Social Security Act 1975 for receiving unemployment benefit; or (b) who would be so disqualified if otherwise entitled to that benefit, except during any period shown by the person to be a period of incapacity for work by reason of disease or bodily or mental disablement or to be within the maternity period. (2A) In subsection (2) above " the maternity period " means the period commencing at the beginning of the sixth week before the expected week of confinement and ending at the end of the seventh week after the week in which confinement takes place.

.

Social Security Act 1980 (c. 30)

106

The following sub-paragraph shall be inserted after paragraph 13(1) of Schedule 3 to the Social Security Act 1980 (regulations not requiring prior submission to Social Security Advisory Committee)—

(1A) Regulations under section 3(2)(a) of the Pensions Act (which provides for enabling women to continue to make contributions at reduced rate).

.

107

The reference to section 9 of the Social Security and Housing Benefits Act 1982 in paragraph 15A of that Schedule shall include a reference to subsection (1A) of that section.

Forfeiture Act 1982 (c. 34)

108

In section 4 of the Forfeiture Act 1982—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (5), for the words from “the Family Income Supplements Act 1970” to “the Social Security Act 1980” there shall be substituted the words—

the Child Benefit Act 1975, the Social Security Acts 1975 to 1986,

.

SCHEDULE 11

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

17A

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

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

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

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

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

51A

• (1) Regulations may provide as follows as regards any community charge benefit—

• (a) for requiring a claim for a benefit to be made by such person, in such manner and within such time as may be prescribed;

• (b) for treating a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

• (c) for permitting a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

• (d) for permitting an award on a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable, or any right to a reduction or a consequential reduction becomes available, under the award;

• (e) for a review of any award if those requirements are found not to have been satisfied;

• (f) for the disallowance on any ground of a person’s claim for a benefit to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

• (g) for enabling one person to act for another in relation to a claim for a benefit and for enabling such a claim to be made and proceeded with in the name of a person who has died;

• (h) for requiring any information or evidence needed for the determination of a claim or of any question arising in connection with a claim to be furnished by such person as may be prescribed in accordance with the regulations;

• (i) for the time when and manner in which any benefit (or part) which takes the form of a payment is to be paid, and for the information and evidence to be furnished in connection with the payment;

• (j) for the time when the right to make a reduction or consequential reduction may be exercised;

• (k) for notice to be given of any change of circumstances affecting the continuance of entitlement to a benefit;

• (kk) for the day on which entitlement to a benefit is to begin or end;

• (l) for calculating the amount of a benefit according to a prescribed scale or otherwise adjusting it so as to avoid fractional amounts or facilitate computation;

• (m) for suspending (in whole or in part) any payment or right to make a reduction or consequential reduction, where it appears to the authority which allowed a benefit that a question arises whether the conditions for entitlement to the benefit are or were fulfilled or whether the award ought to be revised or whether an appeal ought to be brought against the award;

• (n) for withholding in prescribed circumstances any payment or right to make a reduction or consequential reduction, and for subsequently making in prescribed circumstances any withheld payment or restoring in prescribed circumstances any right to make a reduction or consequential reduction;

• (o) in the case of any benefit (or part) which takes the form of a payment, for payment or distribution to or among persons claiming to be entitled on the death of any person, and for dispensing with strict proof of their title;

• (oo) in the case of benefit (or part) which takes the form of a payment, for the circumstances and manner in which payment may be made to one person on behalf or another for any purpose, which may be to discharge, in whole or in part, an obligation of the person entitled to the benefit or any other person;

• (p) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where no claim has been made and it is impracticable for one to be made immediately;

• (q) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where a claim has been made but it is impracticable for the claim or an appeal, reference, review or application relating to it to be determined immediately;

• (r) for making a payment on account of a benefit, or conferring a right to make a reduction or consequential reduction on account, where an award has been made but it is impracticable to institute the benefit immediately;

• (s) generally as to administration.

• (2) Regulations under this section may include provision that prescribed provisions shall apply instead of prescribed provisions of the 1987 Act or the 1988 Act, or that prescribed provisions of the 1987 Act or the 1988 Act shall not apply or shall apply subject to prescribed amendments or adaptations.

• (3) References in subsection (2) above to the 1987 Act or the 1988 Act include references to regulations made under the Act concerned.

51B

• (1) Regulations may provide for a claim for one relevant benefit to be treated, either in the alternative or in addition, as a claim for any other relevant benefit that may be prescribed.

• (2) Regulations may provide for treating a payment made or right conferred by virtue of regulations under section 51(1)(t) above, or of regulations under section 51A(I)(p) to (r) above, as made or conferred on account of any relevant benefit that is subsequently awarded or paid.

• (3) For the purposes of subsections (1) and (2) above relevant benefits are—

• (a) any benefit to which section 51 above applies, and

• (b) any community charge benefit.

51C

Child benefit in respect of children educated otherwise than at educational establishments.

8

The rules shall provide for effect to be given to the protected rights of a member—

• (a) in any case where sub-paragraph (2) of paragraph 9 below so requires, by the purchase of such an annuity as is mentiioned in that sub-paragraph, and

• (b) in any other case, in such of the ways permitted by that paragraph as the rules specify,

and they shall not provide for any part of a member’s protected rights to be discharged otherwise than in accordance with that paragraph.

• (4) The value of protected rights such as are mentioned in sub-paragraph (2) above—

• (a) shall be calculated in a manner no less favourable than that in which the value of any other rights of the member to money purchase benefits under the scheme are calculated;

• (b) subject to that, shall be calculated and verified in such manner as may be prescribed.

• (5) The power to make regulations conferred by sub-paragraph (4) above included power to provide that protected rights such as are mentioned in sub-paragraph (2) above are to be calculated and verified in such manner as may be approved in particular cases—

• (a) by prescribed persons; or

• (b) by persons with prescribed professional qualifications or experience; or

• (c) by persons approved by the Secretary of State,

and power to provide that they shall be calculated and verified in accordance with guidance prepared by a prescribed body.

8

Rules must provide for effect to be given in a manner permitted by paragraph 9 below to the protected rights of every member and must not provide for any part of any member’s protected rights to be discharged in any other way.

The questions referred to in section 52(2) above are—

Judicial Pensions Act (Northern Ireland) 1951 (c. 20)(N.I.)

National Assistance Act 1948 (c. 29)

Maintenance Orders Act 1950 (c. 37)

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

Rating (Disabled Persons) Act 1978 (c. 40)

Employment Protection (Consolidation) Act 1978 (c. 44)

Legal Aid Act 1982(c.44)

Housing Act 1985 (c. 68)

Legal Aid (Scotland) Act 1986 (c. 47)

Wages Act 1986 (c. 48)

National Insurance Act 1974 (c. 14)Social Security Act 1980 (c. 30)Social Security Act 1985 (c. 53)

Editorial notes