Social Security (Consequential Provisions) Act 1992

Meaning of “the consolidating Acts”

1

In this Act—

• “the consolidating Acts” means the Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”), the Social Security Administration Act 1992 (“the Administration Act”) and, so far as it reproduces the effect of the repealed enactments, this Act; and

• “the repealed enactments” means the enactments repealed by this Act.

Continuity of the law

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• (1) The substitution of the consolidating Acts for the repealed enactments does not affect the continuity of the law.

• (2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the consolidating Acts, as if done under or for the purposes of that provision.

• (3) Any reference, whether express or implied, in the consolidating Acts or any other enactment, instrument or document to a provision of the consolidating Acts shall, so far as the context permits, be construed as including, in relation to the times, circumstances and purposes in relation to which the corresponding provision of the repealed enactments has effect, a reference to that corresponding provision.

• (4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments shall be construed, so far as is required for continuing its effect, as including a reference to the corresponding provision of the consolidating Acts.

Repeals

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• (1) The enactments mentioned in Schedule 1 to this Act are repealed to the extent specified in the third column of that Schedule.

• (2) Those repeals include, in addition to repeals consequential on the consolidation of provisions in the consolidating Acts, repeals in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of section 30(6)(b) of the Social Security Act 1975, paragraphs 2 to 8 of Schedule 9 to that Act, paragraph 2(1) of Schedule 10 to that Act and section 10 of the Social Security Act 1988.

• (3) The repeals have effect subject to any relevant savings in Schedule 3 to this Act.

Consequential amendments

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The enactments mentioned in Schedule 2 to this Act shall have effect with the amendments there specified (being amendments consequential on the consolidating Acts).

Transitional provisions and savings

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• (1) The transitional provisions and savings in Schedule 3 to this Act shall have effect.

• (2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on repeal) or of the previous provisions of this Act.

Transitory modifications

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The transitory modifications in Schedule 4 to this Act shall have effect.

Short title, commencement and extent

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• (1) This Act may be cited as the Social Security (Consequential Provisions) Act 1992.

• (2) This Act shall come into force on 1st July 1992.

• (3) Section 2 above and this section extend to Northern Ireland.

• (4) Subject to subsection (5) below, where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

• (5) The repeals—

• (a) of provisions of sections 10, 13 and 14 of the Social Security Act 1980 and Part II of Schedule 3 to that Act;

• (b) of enactments amending those provisions;

• (c) of paragraph 2 of Schedule 1 to the Capital Allowances Act 1990; and

• (d) of section 17(8) and (9) of the Social Security Act 1990,

do not extend to Northern Ireland.

• (6) Section 6 above and Schedule 4 to this Act extend to Northern Ireland in so far as they give effect to transitory modifications of provisions of the consolidating Acts which so extend.

• (7) Except as provided by this section, this Act does not extend to Northern Ireland.

• (8) Section 4 above extends to the Isle of Man so far as it relates to paragraphs 53 and 54 of Schedule 2 to this Act.

SCHEDULE 1

SCHEDULE 2

National Assistance Act 1948

1

In section 64(1) of the National Assistance Act 1948, for the definition of “trade dispute”, there shall be substituted— “trade dispute” has the same meaning as in section 27 of the Social Security Contributions and Benefits Act 1992

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Law Reform (Personal Injuries) Act 1948

2

In section 2 of the Law Reform (Personal Injuries) Act 1948 (measure of damages)—

• (a) in subsection (1)(a), for the words “section 22 of the Social Security Act 1989” there shall be substituted the words “ section 81 of the Social Security Administration Act 1992 ”; and

• (b) in subsection (1A), for the words “paragraph 4(1) of Schedule 4 to the Social Security Act 1989” there shall be substituted the words “ section 85(1) of the Social Security Administration Act 1992 ”.

Maintenance Orders Act 1950

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• (1) In the following provisions of the Maintenance Orders Act 1950 (jurisdiction of and enforcement by courts)—

• (a) section 4(1)(d);

• (b) section 9(1)(d);

• (c) section 12(1)(d);

• (d) section 16(2)(a)(viii);

• (e) section 16(2)(b)(ix); and

• (f) section 16(2)(c)(viii),

for the words “section 24 of the Social Security Act 1986”, in each place where they occur, there shall be substituted the words “ section 106 of the Social Security Administration Act 1992 ”.

• (2) In sections 4(2) and 9(2) of that Act for “24”, in each place where it occurs, there shall be substituted “ 106 ”.

Agriculture Act 1967

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Public Expenditure and Receipts Act 1968

5

In paragraph 1(b) of Schedule 3 to the Public Expenditure and Receipts Act 1968 for the words “The Social Security Act 1975 (c.14), section 160(2)” there shall be substituted the words “ The Social Security Administration Act 1992 (c. 5) section 124(3) ”.

Administration of Justice Act 1970Attachment of Earnings Act 1971

6

In paragraph 3A of Schedule 4 to the Administration of Justice Act 1970 and paragraph 3A of Schedule 2 to the Attachment of Earnings Act 1971 for the words “Social Security Act 1975” there shall be substituted the words “ Social Security Contributions and Benefits Act 1992 ”.

7

In paragraph 6 of Schedule 8 to the Administration of Justice Act 1970 and paragraph 7 of Schedule 1 to the Attachment of Earnings Act 1971 (maintenance orders) the word “or” where first occurring shall be omitted and after “1986” there shall be inserted the words “ or section 106 of the Social Security Administration Act 1992 ”.

Tribunals and Inquiries Act 1971

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Employment and Training Act 1973

10

In subsection (3) of section 11 of the Employment and Training Act 1973 (financial provisions) for the words “Part II of the Social Security Act 1975” there shall be substituted the words “ Parts II to V of the Social Security Contributions and Benefits Act 1992 ”.

11

In section 12(2) of that Act (duty of local education authorities to furnish Secretary of State with information in connection with determination of questions relating to contributions or benefit) for the words from “under” to the end of paragraph (b) there shall be substituted the words “ under the Social Security Contributions and Benefits Act 1992 ”.

Social Security (Northern Ireland) Act 1975

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13

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14

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Social Security (Consequential Provisions) Act 1975

15

In section 2(3)(a) of the Social Security (Consequential Provisions) Act 1975 (transitional provisions and savings) for the words “sections 166 and 167(3) of the Social Security Act 1975” there shall be substituted the words “ sections 189 and 190(3) of the Social Security Administration Act 1992 ”.

House of Commons Disqualification Act 1975

16

In Part I (judicial offices disqualifying for membership) of Schedule 1 to the House of Commons Disqualification Act 1975, in the first entry beginning “Chief or other Social Security Commissioner”, for the words “(excluding a person appointed in pursuance of section 13(5) of the Social Security Act 1980)” there shall be substituted the words “ (not including a deputy Commissioner) ”.

17

In Part III (other disqualifying offices)—

• (a) in the entry beginning “Adjudicating medical practitioner” for the words “Part III of the Social Security Act 1975” there shall be substituted the words “ Part II of the Social Security Administration Act 1992 ”; and

• (b) in the entry beginning “Member of a Medical Appeal Tribunal appointed” for the words “paragraph 2(2) of Schedule 12 to the Social Security Act 1975” there shall be substituted the words “ section 50 of the Social Security Administration Act 1992 ”.

Northern Ireland Assembly Disqualification Act 1975

18

In Part I (judicial offices disqualifying for membership) of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 for the entry beginning “Chief or other Social Security Commissioner” there shall be substituted the following entry—

Social Security Pensions Act 1975

19

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

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22

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23

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24

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25

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27

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28

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29

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30

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31

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32

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33

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34

In subsection (1) of section 59 (official pensions) for the words from “section 23” to “1986” there shall be substituted the words “ section 151 of the Administration Act a direction is given that the sums mentioned in section 150(1)(c) of that Act ”.

35

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36

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37

The following sections shall be inserted after section 61—

(61A) (1) Subject to section 173 of the Administration Act, where the Secretary of State proposes to make regulations under section 51A(10) above, he shall refer the proposals, in the form of draft regulations or otherwise, to the Social Security Advisory Committee (“the Committee”). (2) The Committee shall consider any proposals referred to it by the Secretary of State under subsection (1) above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate. (3) If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations a copy of the Committee’s report and a statement showing— (a) the extent (if any) to which he has, in framing the regulations, given effect to the Committee’s recommendations; and (b) in so far as effect has not been given to them, his reasons why not. (4) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (3) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations. (61B) (1) Powers under this Act to make regulations or orders, except any power of the Occupational Pensions Board to make orders, are exercisable by statutory instrument. (2) Except in so far as this Act otherwise provides, any power conferred thereby to make regulations or an order may be exercised— (a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case; (b) so as to make, as respects the cases in relation to which it is exercised— (i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise), (ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act, (iii) any such provision either unconditionally or subject to any specified condition; and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision. (3) Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations or an order includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations or order to be expedient for the purposes of the regulations or order. (4) Without prejudice to any specific provisions in this Act, a power conferred by this Act to make regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter. (5) A power conferred on the Secretary of State to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

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38

The following subsection shall be substituted for section 62(2)—

(2) A statutory instrument— (a) which contains (whether alone or with other provisions) any order or regulations made under this Act by the Secretary of State, other than an order which, under any provision of this Act, is required to be laid before Parliament after being made; and (b) which is not subject to any requirement that a draft of the instrument shall be laid before and approved by a resolution of each House of Parliament, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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39

In section 64(2)—

• (a) for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Administration Act ”; and

• (b) for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.

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Employment Protection Act 1975

43

In section 124(6) of the Employment Protection Act 1975 (financial provisions)—

• (a) for the words “section 135(3)(a) of the Social Security Act 1975” there shall be substituted the words “ section 163(2)(a) of the Social Security Administration Act 1992 ”; and

• (b) for the words “subsection (5) of that section” there shall be substituted the words “ section 165(5) of that Act ”.

Social Security (Miscellaneous Provisions) Act 1977

44

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45

In section 23(2) of that Act (financial provisions)—

• (a) for the words “Subsection (5) of section 135 of the principal Act” there shall be substituted the words “ Section 165(5) of the Social Security Administration Act 1992 ”; and

• (b) for the words “subsection (3)(a) of that section” there shall be substituted the words “ section 163(2)(a) of that Act ”.

46

In section 24(3) of that Act (supplemental)—

• (a) for the words “Subsections (1) to (5) of section 166 of the principal Act” there shall be substituted the words “ Subsections (3) to (6) and (9) of section 189 of the Social Security Administration Act 1992 ”;

• (b) for the words “subsections (2) to (4) of the said section 166” there shall be substituted the words “ subsections (4) to (6) of that section ”; and

• (c) for the words from “and for the purposes” to the end there shall be substituted the words “ and a power under any of sections 116 to 120 of the Social Security Contributions and Benefits Act 1992 or 177 to 179 of the Social Security Administration Act 1992 to make provision by regulations or Order in Council for modifications or adaptations of those Acts shall be exercisable in relation to any enactment contained in this Act. ”.

Rent Act 1977

47

The following section shall be inserted after section 72 of the Rent Act 1977—

(72A) In order to assist authorities to give effect to the housing benefit scheme under Part VII of the Social Security Contributions and Benefits Act 1992, where a rent is registered, there shall be noted on the register the amount (if any) of the registered rent which, in the opinion of the rent officer or rent assessment committee, is fairly attributable to the provision of services, except any amount which is negligible in the opinion of the officer or, as the case may be, the committee.

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Rating (Disabled Persons) Act 1978

48

In section 4(9) of the Rating (Disabled Persons) Act 1978 (rebates for lands and heritages with special facilities for disabled persons), for “1986)” there shall be substituted “ 1986 or section 134 of the Social Security Administration Act 1992) ”.