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National Insurance Act 1965

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85Expenses of Minister and other government departments.

(1)Without prejudice to subsection (4) of this section, any expenses incurred by the Minister or any other government department (except the Postmaster General) in carrying this Act into effect, including—

(a)such part of the sums referred to in subsection (2) of this section as is attributable to the execution of this Act;

(b)expenses in connection with any inquiry undertaken on behalf of the Minister with a view to obtaining statistics relating to the operation of this Act; and

(c)any expenses which under section 9(2) of the [1955 c. 19 (4 & 5 Eliz. 2.).] Friendly Societies Act 1955 are to be treated as expenses incurred in carrying this Act into effect,

shall, unless required by or under some provision of this Act to be paid and borne in some other manner, be paid out of moneys provided by Parliament.

(2)The Minister shall from time to time pay to the Postmaster General as part of the expenses of the Minister in carrying into effect the following enactments respectively, that is to say—

(a)this Act;

(b)the Industrial Injuries Act;

(c)the Family Allowances Act;

(d)section 89 of the Industrial Injuries Act of 1946 ;

(e)the [1951 c. 22.] Workmen's Compensation (Supplementation) Act 1951;

(f)the Industrial Diseases (Benefit) Acts 1951 and 1954;

(g)the [1956 c. 51.] Workmen's Compensation and Benefit (Supplementation) Act 1956,

sums of such amounts as may be agreed between the Minister and the Postmaster General for work done by the Postmaster General in the execution of the said enactments; and any sums so paid shall, where necessary for the purpose of determining what part of those sums should be attributed to each respectively of those enactments, be apportioned between them in such manner as may be determined by the Minister in accordance with any directions given by the Treasury.

(3)Without prejudice to any right of recovery or retainer under this Act, any expenses of a Minister of the Crown in making under section 62 of this Act payments in lieu of contributions shall be defrayed out of moneys provided by Parliament ; and any sums recovered or retained by a Minister of the Crown in respect of any such payments shall be paid into the Exchequer.

(4)There shall be paid to the Treasury out of the National Insurance Fund, at such times and in such manner as the Treasury may direct, such sum as the Minister may estimate in accordance with subsections (5) to (7) of this section and with directions given by the Treasury to be the amount of the expenses incurred as mentioned in subsection (1) thereof.

(5)Subject to subsections (6) and (7) of this section, in estimating for the purposes of subsection (4) of this section the expenses incurred as mentioned in subsection (1) thereof there shall be included—

(a)such amount in respect of any pension benefits which will or may become payable in respect of a person's service as National Insurance Commissioner or deputy Commissioner under this Act or in respect of a person's employment as officer, inspector or servant for the purposes of this Act as in the opinion of the Treasury approximately represents the amount of the accruing liability for the sums which will become payable out of moneys provided by Parliament for those pension benefits, after taking into account that person's contributions, if any;

(b)an amount determined by the Treasury with the consent of the Minister in respect of the use of any premises belonging to the Crown and used for the purposes of this Act, regard being had in making that determination to the rental value of the premises.

(6)There shall be left out of account in estimating for the purposes of subsection (4) of this section the expenses incurred as mentioned in subsection (1) thereof—

(a)any expenses incurred by virtue of section 62 or 112 of this Act;

(b)any sums paid for pension benefits in respect of a person's service as National Insurance Commissioner or deputy Commissioner and, so far as estimated by the Minister to be attributable to the operation of section 5(2) or 8(1) to (3) of the Family Allowances Act or section 36 of the Industrial Injuries Act, the accruing liability for such pension benefits.

(7)There shall be left out of account for the purposes of subsections (1) and (4) of this section any expenses, or amounts which under subsection (5) of this section would otherwise fall to be included in estimating expenses, in so far as they are treated—

(a)under section 61(1)(b) to (d) of the Industrial Injuries Act as expenses incurred in carrying that Act into effect; or

(b)under section 16 of the Family Allowances Act as expenses incurred in the administration of that Act; or

(c)for the purposes of section 3(1) of the Health Contributions Act as attributable to the collection and application of national health service contributions.

(8)In subsection (2) of this section, the references to this Act, the Industrial Injuries Act and the Family Allowances Act shall (except so far as otherwise provided, whether expressly or by implication) respectively include references to any enactments which, under any Act passed after this Act, are included in any citation which uses the phrase " the National Insurance Acts ", " the National Insurance (Industrial Injuries) Acts " or " the Family Allowances Acts ", as the case may be; and in subsections (5)(a) and (6)(b) of this section, the expression pension benefits " includes benefits payable on retirement or death by way of lump sum or gratuity, and benefits payable in respect of a person's service or employment to other persons by way of widow's or orphan's pension or otherwise.

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