Social Security Act 1989

(2C) If regulations under paragraph (a) of subsection (2) above provide that for the purposes of unemployment benefit days falling in a post-employment period are not to be treated in relation to a person as days of unemployment, then, for the purpose of determining that period, the regulations may, in particular, make provision— (a) for calculating or estimating the amount or value of any payment made, or goods or services provided, to or for that person by his employer; (b) for calculating or estimating that person’s level of earnings in the employment in question during any period or for treating him as having such a level of earnings as may be prescribed; and (c) for calculating or estimating the amount or value of any other sum which falls to be taken into account under the regulations. (2D) In subsection (2C) above “post-employment period” means a period following the termination of a person’s employment and falling to be determined in accordance with the regulations by reference to the amount or value of payments made, or goods or services provided, to or for the person by his employer at the time of, or within a prescribed period before or after, the termination of the employment.

Certain benefits not payable for periods of entitlement before deemed date of entitlement

4

• (1) In section 25 of that Act (widowed mother’s allowance) for subsection (3) there shall be substituted—

(3) The widow shall not be entitled to the allowance for any period after she remarries, but, subject to that, she shall continue to be entitled to it for any period throughout which she satisfies the requirements of subsection (1)(a), (b) or (c) above. (4) A widowed mother’s allowance shall not be payable— (a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 51(1)(m) of the Social Security Act 1986; or (b) for any period during which she and a man to whom she is not married are living together as husband and wife.

• (2) In section 26 of that Act (widow’s pension) for subsection (3) there shall be substituted—

(3) The widow shall not be entitled to the pension for any period after she remarries, but, subject to that, she shall continue to be entitled to it until she attains the age of 65. (4) A widow’s pension shall not be payable— (a) for any period falling before the day on which the widow’s entitlement is to be regarded as commencing for that purpose by virtue of section 51(1)(m) of the Social Security Act 1986; (b) for any period for which she is entitled to a widowed mother’s allowance; or (c) for any period during which she and a man to whom she is not married are living together as husband and wife.

• (3) In section 28 of that Act (Category A retirement pension) in subsection (1), for the words following paragraph (b) there shall be substituted the words—

and, subject to the provisions of this Act, he shall become so entitled on the day on which he attains pensionable age and his entitlement shall continue throughout his life.

• (4) After that subsection there shall be inserted—

(1A) A Category A retirement pension shall not be payable in respect of any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 51(1)(m) of the Social Security Act 1986.

• (5) In section 29 of that Act (Category B retirement pension) for subsection (9) there shall be substituted—

(9) Subject to the provisions of this Act, a woman’s entitlement to a Category B retirement pension shall commence on the day on which the conditions of entitlement become satisfied in her case and shall continue throughout her life. (9A) A woman’s Category B retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 51(1)(m) of the Social Security Act 1986.

• (6) In section 39 of that Act (Category C and D retirement pensions etc.) for subsection (3) there shall be substituted—

(3) Entitlement to a Category C or Category D retirement pension shall continue throughout the pensioner’s life. (3A) A Category C or Category D retirement pension shall not be payable for any period falling before the day on which the pensioner’s entitlement is to be regarded as commencing for that purpose by virtue of section 51(1)(m) of the Social Security Act 1986.

Entitlement to, and right to payment of, attendance allowance

5

• (1) Section 35 of that Act (attendance allowance) shall be amended in accordance with the following provisions of this paragraph.

• (2) In subsection (2), for the words “an attendance allowance is payable to any person” there shall be substituted the words “a person is entitled to an attendance allowance”.

• (3) In subsection (4)—

• (a) for the words “An attendance allowance shall not be payable to a person” there shall be substituted the words “A person shall not be entitled to an attendance allowance”; and

• (b) in paragraph (a)—

• (i) for the words “the allowance is payable” there shall be substituted the words “the person to whom the claim relates is entitled to the allowance”; and

• (ii) for the words “the person to whom the claim relates” there shall be substituted the words “that person”.

• (4) In subsection (4A), for the words “an attendance allowance to be paid to a person” there shall be substituted the words “a person to be entitled to an attendance allowance”.

Severe disablement allowance: daily rates, and deduction of statutorymaternity pay

6

In section 36 of that Act (severe disablement allowance) after subsection (6) (weekly rate of benefit) there shall be inserted—

(6A) The amount of severe disablement allowance payable for any relevant day shall be 1/6th of the weekly rate referred to in subsection (6) above. (6B) In any case where— (a) a severe disablement allowance is payable to a woman in respect of one or more relevant days in a week, and (b) an amount of statutory maternity pay becomes payable to her on any day in that week, the amount of the severe disablement allowance (including any increase for a child or adult dependant under section 49(a) below) so payable shall be reduced by the amount of the statutory maternity pay, and only the balance (if any) shall be payable.

Dependency increases: fluctuating earnings

7

• (1) In section 47 of that Act (invalidity pension: dependent relative) for paragraph (a) of subsection (1) there shall be substituted—

(a) for any period during which either— (i) the pensioner and her husband are residing together and he does not have earnings at a weekly rate in excess of the amount specified in paragraph 1(a) of Part I of Schedule 4; or (ii) they are not residing together, he does not have earnings at a weekly rate in excess of the amount specified in Schedule 4, Part IV, column (3) and she is contributing to his maintenance at a weekly rate not less than the amount so specified.

• (2) After section 84 of that Act (persons maintaining dependants etc.) there shall be inserted the following section—

(84A) (1) Where a beneficiary— (a) has been awarded a dependency increase, but (b) ceases to be entitled to the increase by reason only that the weekly earnings of some other person (“the relevant earner”) exceed the amount of the increase or, as the case may be, some specified amount, then, if and so long as the beneficiary would have continued to be entitled to the increase, disregarding any such excess of earnings, the award shall continue in force but the increase shall not be payable for any week if the earnings relevant to that week exceed the amount of the increase or, as the case may be, the specified amount. (2) In this section— (a) “dependency increase” means any of the increases in benefit provided for under Chapter III of Part II of this Act or section 64 or 66 above; and (b) the earnings which are relevant to any week are those earnings of the relevant earner which, apart from this section, would be taken into account in determining whether the beneficiary is entitled to the increase in question for that week.

Employment protection allocation

8

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

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

Community charge benefit: miscellaneous amendments

9

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Transitional and consequential provision in regulations

10

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

• (2) In section 89 of the 1986 Act (transitional regulations in connection with coming into force of provisions of that Act) after subsection (1) there shall be inserted—

(1A) Without prejudice to any other powers conferred on him, the Secretary of State— (a) may, for the purpose of making provision with respect to persons falling within subsection (1B) below, modify or revoke any regulations made under this section if he considers it necessary or expedient to do so in consequence of, or otherwise in connection with, provisions of Acts, schemes, arrangements or other instruments coming into force after the passing of this Act; and (b) may, for the purpose of consolidation, revoke and re-enact, with any modifications which he considers necessary or desirable, any regulations under this section. (1B) The persons referred to in subsection (1A)(a) above are any persons— (a) to whom regulations under subsection (1) above apply; or (b) to whom regulations made under Part II of this Act relating to income support applied at any time before the passing of the Social Security Act 1989.

Restriction on first up-rating of additional pension

11

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Consultations about subordinate legislation

12

• (1) In section 61(2) of the Pensions Act—

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

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

• (c) for the word “(other” there shall be substituted the words

or (c) Schedule 5 to the Social Security Act 1989, (other

.

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

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

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

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

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

Regulations relating to home responsibilities

13

• (1) Paragraph (a) of section 62(1) of the Pensions Act (affirmative, instead of negative, procedure for regulations under paragraph 5(6) of Schedule 3 to the principal Act relating to contributors who were precluded from regular employment by responsibilities at home) shall cease to have effect.

• (2) The following regulations, namely—

• (a) the Social Security Pensions (Home Responsibilities and Graduated Retirement Benefit) Amendment Regulations 1981, and

• (b) the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Amendment Regulations 1988,

shall have effect, and be taken always to have had effect, as if sub-paragraph (1) above had come into force immediately after the passing of the Pensions Act.

Statutory sick pay: trade disputes

14–18

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Family credit: up-rating

15

• (1) In section 20 of the 1986 Act (income-related benefits) in subsection (6) (awards of family credit not to be affected by changes of circumstances) there shall be added at the end the words “or by any order under section 63 below.”

• (2) In section 63(13)(b) of that Act (transitional provision in connection with up-rating orders) for the word “shall” there shall be substituted the word “may”.

Income support: return to work after trade dispute

16

In section 23A of the 1986 Act (effect of person’s return to work after a trade dispute) in paragraph (c) (certain sums paid by way of income support to be recoverable in the prescribed manner) for the words “in the prescribed manner” there shall be substituted the words “in accordance with the regulations”.

Personal representatives to give information about estate

17

The following section shall be inserted after section 27 of the 1986 Act—

(27A) (1) The personal representatives of a person who was in receipt of income support or supplementary benefit at any time before his death shall provide the Secretary of State with such information as he may require relating to the assets and liabilities of that person’s estate. (2) If the personal representatives fail to supply any information within 28 days of being required to do so under subsection (1) above, then— (a) the appropriate court may, on the application of the Secretary of State, make an order directing them to supply that information within such time as may be specified in the order; and (b) any such order may provide that all costs (or, in Scotland, expenses) of and incidental to the application shall be borne personally by any of the personal representatives. (3) In this section “the appropriate court” means— (a) in England and Wales, a county court; (b) in Scotland, the sheriff; and any application to the sheriff under this section shall be made by summary application.

Statutory maternity pay: employers to provide information relating to claims for certain other benefits

18

In Schedule 4 to the 1986 Act (supplementary provisions relating to statutory maternity pay) after paragraph 8 there shall be inserted—

(8A) (1) Regulations may make provision requiring an employer in prescribed circumstances to furnish information in connection with the making of a claim by a woman who is or has been his employee for— (a) a maternity allowance; (b) sickness benefit; (c) an invalidity pension; or (d) severe disablement allowance. (2) Regulations under this paragraph shall prescribe— (a) the kind of information to be furnished in accordance with the regulations; (b) the person to whom information of the prescribed kind is to be furnished; and (c) the manner in which, and period within which, it is to be furnished.

Joint citations

19

In the following enactments, for the words “the Social Security Acts 1975 to 1986” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1989”—

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

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

• (c) section 4(5) of the Forfeiture Act 1982;

• (d) section 5(1)(a) of the Social Security Act 1985;

• (e) paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.

SCHEDULE 9

Earnings factors.

Parts I—III — . . .

24

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Unfair paternity leave provisions

5A

• (1) Where an employment-related benefit scheme includes any unfair paternity leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

• (a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

• (b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

• (2) In this paragraph “unfair paternity leave provisions”, in relation to an employment-related benefit scheme, means any provision—

• (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid paternity leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

• (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid paternity leave, to be determined otherwise than in accordance with the normal employment requirement.

• (3) In the case of any unfair paternity leave provision—

• (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

• (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid paternity leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory paternity pay actually paid to or for him in respect of that period.

• (4) In this paragraph—

• “period of paid paternity leave”, in the case of a member, means a period— throughout which the member is absent from work in circumstances where sub-paragraph (5), (6) , (7), (7A) or (7B) ... applies, and for which the employer (or if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory paternity pay; and

• “the normal employment requirement” is the requirement that any period of paid paternity leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

• (5) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the birth or expected birth of a child, and

• (b) the member satisfies the conditions prescribed under section 171ZA(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992 in relation to that child.

• (6) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the placement or expected placement of a child for adoption under the law of any part of the United Kingdom, and

• (b) the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act in relation to that child.

• (7) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

• (b) the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act (as applied by virtue of section 171ZK(1) of that Act (adoption cases not involving placement under the law of the United Kingdom)) in relation to that child.

• (7A) This sub-paragraph applies if—

• (a) the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, and

• (b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as modified—

• (i) in relation to a local authority in England, by section 171ZB(8) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

• (ii) in relation to a local authority in Wales, by section 171ZB(10) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter)

• (7B) This sub-paragraph applies if—

• (a) the member's absence from work is due to the birth or expected birth of a child, and

• (b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZK(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).

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

Unfair adoption leave provisions

5B

• (1) Where an employment-related benefit scheme includes any unfair adoption leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

• (a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

• (b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

• (2) In this paragraph “unfair adoption leave provisions”, in relation to an employment-related benefit scheme, means any provision—

• (a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid adoption leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

• (b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid adoption leave, to be determined otherwise than in accordance with the normal employment requirement.

• (3) In the case of any unfair adoption leave provision—

• (a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

• (b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid adoption leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory adoption pay actually paid to or for him in respect of that period.

• (4) In this paragraph—

• “period of paid adoption leave”, in the case of a member, means a period—throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7) or (8) applies, andfor which the employer (or, if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory adoption pay; and

• “the normal employment requirement” is the requirement that any period of paid adoption leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

• (5) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the placement, or expected placement, of a child for adoption under the law of any part of the United Kingdom, and

• (b) the member is a person with whom the child is, or is expected to be, placed for such adoption.

• (6) This sub-paragraph applies if—

• (a) the member’s absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

• (b) the member is a person by whom the child has been or is expected to be adopted.

• (7) This sub-paragraph applies if—

• (a) the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014, and

• (b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified—

• (i) in relation to a local authority in England, by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

• (ii) in relation to a local authority in Wales, by section 171ZL(11) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter).

• (8) This sub-paragraph applies if—

• (a) the member's absence from work is due to the birth or expected birth of a child, and

• (b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders under section 54 or 54A of the Human Fertilisation and Embryology Act 2008).

Equal Pay Act 1970 (c.41)

Sex Discrimination Act 1975 (c.65)

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

Social Security Act 1973 (c.38)

The repeal in section 1(1) of the principal Act and the repeal of sections 1(5) and (5A) and 134(3) of that Act, section 27 of the Pensions Act, section 2 of the Social Security (Contributions) Act 1981 and section 2 of the Social Security (Contributions) Act 1982 have effect in relation to payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act in respect of any contributions whether paid before, on or after 31st March 1989.

Editorial notes