Social Security Act 1986

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

[^c3749551]: The base date version of this Act is as revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force at that date

[^c3749561]: Words of enactment omitted under Statute Law Revision Act 1948 (c. 62), s. 3

[^c3749571]: Act: definition applied (E.W.S.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 24(4); S.I. 1992/333, art. 2(2), Sch.2

[^c3749581]: Act extends to England, Wales and Scotland except as provided by s. 87(1) to (4) see s. 87(5)

[^c3749591]: By Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 101(1), Sch. 12 para. 23; S.I. 1991/2208, art. 2(1), Sch.1 it is provided (14.10.1991) that in relation to any time before the commencement of s. 70 of that 1991 Act (which came into force on 1.10.1992 by S.I. 1992/333, art. 2(2), Sch. 2) references in any enactment amended by that 1991 Act, to youth courts shall be construed as references to juvenile courts.

[^c3749601]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749621]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749771]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749801]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749831]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749851]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3749881]: S. 7 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I (with ss. 31, 189, Sch. 6 para. 22)); S.I. 1994/86, art. 2 and subject to an amendment (25.2.1999 for specified purposes and otherwise 1.4.1999) by 1999 c. 2, ss. 1(1), 23(1)(2), 28(2)(a), Sch. 1 para. 1(a)-(d); S.I. 1999/527, art. 2(b), Sch. 2

[^c3749901]: Ss. 1-8 repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

[^c3750011]: S. 9(1)-(7) repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750081]: The text of ss. 9(1)–(3)(7)–(9), 10, 11, 12(11) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c3750121]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750151]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750201]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2 (and subject to an amendment by 1993 c. 8, s. 31, Sch. 8 para. 18(1); S.I. 1995/631, art. 2)

[^c3750211]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt. I; S.I. 1994/86, art. 2

[^c3750221]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750231]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750271]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750381]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2 (and subject to an amendment by 1993 c. 8, s. 31, Sch. 8 para. 18(2); S.I. 1995/631, art. 2)

[^c3750411]: Ss. 10- 17A repealed (7.2.1994) by 1993 c. 48, s. 188, Sch. 5 Pt.I; S.I. 1994/86, art. 2

[^c3750421]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750441]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750451]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750461]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c21644481]: S. 30 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), {Sch. 1 Pt. 10 group 2}

[^c3750521]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750431]: Pt. II (ss. 20-31): power to modify conferred (5.10.1999) by 1998 c. 14, s. 11(1)(3); S.I. 1999/2739, art. 2, Sch. 1 (subject to transitional provisions in Sch. 2)

[^c3750531]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750541]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750551]: The following sections and schedules are repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6) on consolidation: Ss. 18–29, 30(1)–(9)(11), 31–36, 37(1), 38, 40–51, 52(3)–(10), 53, 54(2), 55; words in s. 56(2)(a); ss. 56(2)(b)(3)(b)(4)–(4B), 58; words in s. 61(1)(3)–(5); s. 61(7)–(9); words in s. 61(10); ss. 62–69, 70(1), 73, 74, 79(3)(4); words in s. 80(1); ss. 81, 83(2)(3)(b)–(e); words in s. 83(5); words in s. 84(1); ss. 84(3), 85(1)(a)–(c)(f)(3)(c)(d)(4); words in s. 85(5); s. 85(7); words in s. 85(8)(9)–(12); Sch. 3 except para. 17; Sch.4; Sch. 5 paras 2–20 and Pt. II paras (b)(c); Sch. 6; Sch. 7; Sch. 8 paras 1–3, 5–7; Sch. 10 paras 10, 34, 40, 48, 54, 62–67, 68(2), 69, 70, 72, 74, 77, 83–88, 90–92, 95, 97–100, 103(a)(b), 104–107, 108(a)

[^c3750561]: The text of s. 37(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

[^c3750571]: S.I. 1977/343.