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Social Security Act 1989

Type Public General Act
Publication 1989-07-21
State In force
Department Statute Law Database
Source legislation.gov.uk
Reform history JSON API

Contributions

Amendments relating to primary Class 1 contributions

1–3

Repayment of contributions where earnings become repayable

2

In Schedule 1 to the principal Act (contributions: supplementary provisions) in paragraph 6(1) (matters for which regulations may provide) after paragraph (g) there shall be inserted—

(gg) for the repayment, in prescribed cases, of the whole or a prescribed part of any contributions paid by reference to earnings which have become repayable;

.

Abolition of Treasury supplement to contributions

3

No payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act shall be made after 31st March 1989 in respect of any contributions whether paid before, on or after that date.

Earnings factors

4

where, in the case of any two or more separate sums— (a) the values to be accorded to F (apart from this paragraph) would fall to be ascertained under the same paragraph of paragraph 2(e) above, and (b) the values to be so accorded to G would fall to be ascertained under the same paragraph of paragraph 2(f) above, those sums

.

Liability to maintain children

Liability of parents to maintain children under the age of nineteen in respect of whom income support is paid

5

Benefits under the principal Act

Benefits for women widowed before 11th April 1988

6

(3A) The first amendment made by regulation 3 above shall not have effect in relation to a widow whose late husband died before 11th April 1988.

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

she shall, notwithstanding anything in that section, be entitled to the widow’s allowance (and, accordingly, in a case falling within paragraph (b) above, to the widowed mother’s allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the passing of this Act.

an adjudication officer may review that decision, notwithstanding anything in section 25 of the Social Security Administration Act 1992.

the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.

Abolition of earnings rule etc

7

Mobility allowance: increase of age limit to 80 years

8

Extension to personal pensions of occupational pension provisions relating to the abatement of unemployment benefit and the meaning of “earnings”

9–19

Unemployment benefit: requirement to seek employment actively

10

(aa) make provision with respect to— (i) steps which a person is required to take in any week if he is to be regarded as actively seeking employed earner’s employment in that week; (ii) the meaning of “week” in subsection (1)(a)(i) above or in any other provision relating to a person’s actively seeking employed earner’s employment;

.

(2B) Where it has been determined that a person is to be deemed in accordance with regulations to be actively seeking employed earner’s employment in any week, the question of his actually doing so in that week may be subsequently determined on a review of the determination as to his deemed doing so.

Requalification for unemployment benefit

11

In section 18 of the principal Act, for subsection (2) (requalification for unemployment benefit) there shall be substituted—

(2) A person who has exhausted his right to unemployment benefit requalifies for it on the next occasion when, having again been in employment as an employed earner, he makes a claim for that benefit in circumstances such that the requalification conditions are satisfied with respect to each of at least 13 weeks in the period of 26 weeks immediately preceding— (a) the day on which the claim is made, or (b) if he would not requalify by reference to that day, his first day of unemployment since he was last in employment as an employed earner. (2A) For the purposes of subsection (2) above the requalification conditions are satisfied with respect to any week if— (a) the person in question has been in employment as an employed earner in that week; (b) he has worked in such employment for at least 16 hours in that week; and (c) the week begins after the last day for which he was entitled to unemployment benefit. (2B) Subsection (2) above shall have effect in prescribed cases with the substitution for the reference to 26 weeks of a reference to such longer period as may be prescribed.

Disqualification for unemployment benefit

12

(4) For the purposes of subsection (1) above, regulations may— (a) prescribe matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any act or omission; or (b) prescribe circumstances in which a person is or is not to be regarded as having or not having good cause for any act or omission; but, subject to any such regulations, in determining for the purposes of that subsection whether a person does or does not have good cause for any act or omission, there shall be disregarded any matter relating to the level of remuneration in the employment in question.

(20A) (1) Nothing in section 20 above or in regulations under that section shall be taken to disqualify a person for receiving unemployment benefit by reason only of his refusal— (a) to seek or accept employment in a situation which is vacant in consequence of a stoppage of work due to a trade dispute; or (b) to seek or accept during the permitted period any employment other than employment in his usual occupation at a level of remuneration not lower than he is accustomed to receive. (2) Regulations shall make provision for the purpose of enabling any person of a prescribed description to accept any employed earner’s employment without being disqualified under— (a) subsection (1)(a) of section 20 above, so far as it relates to a person who voluntarily leaves such employment without just cause, or (b) subsection (1)(c) of that section, should he leave that employment voluntarily and without just cause at any time after the end of the sixth week, but not later than the end of the twelfth week, of a trial period. (3) In this section— - “permitted period”, in relation to any person, means such period, whether expired or not, as may be determined in accordance with regulations by an adjudication officer on the submission of the question whether that person is disqualified under section 20 above for receiving unemployment benefit; and any such regulations may prescribe— the day on which any such period shall be regarded as having commenced in any case; the shortest and longest periods which may be so determined in any case; and criteria to which the adjudication officer is to have regard in determining the permitted period in any case; and - “trial period” means a period of twelve weeks beginning with the commencement of the employment in question; but regulations may— make provision for the purpose of determining the day on which a person’s employment is to be regarded as commencing; and provide that, for the purpose of determining the time at which the sixth or twelfth week of a trial period ends, prescribed periods may be disregarded in prescribed circumstances.

Regulations may make provision modifying the meaning of “employment” for the purposes of any provision of this Act.

Income-related benefits

Income support and unemployment

13

(d) as to circumstances in which a person is or is not to be treated as— (i) engaged or normally engaged in remunerative work; (ii) available for employment; or (iii) actively seeking employment;

.

Housing benefit to take the form of payments or reductions

14

(1A) The rebates and allowances referred to in subsection (1) above may take any of the following forms, that is to say— (a) a payment or payments by the authority to the person entitled to the benefit; (b) a reduction in the amount of any payments which that person is liable to make to the authority by way of rent or rates; or (c) such a payment or payments and such a reduction; and in any enactment or instrument (whenever passed or made) “pay”, in relation to housing benefit, includes discharge in any of those forms.

Housing benefit subsidy

15

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