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National Insurance Act 1974

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This is the original version (as it was originally enacted).

Miscellaneous

5Amendment of s. 39 of the Social Security Act 1973

(1)Section 39 of the Social Security Act 1973 (which provides for the annual review of benefits for the purpose of up-rating) shall have effect in relation to relevant benefits as if in subsection (3)(a) (by virtue of which the Secretary of State is required in the course of a review to have regard to the extent to which current rates of benefit have retained their value in relation to the general level of prices obtaining in Great Britain since the end of the previous review period or, in the case of the first review, since the beginning of the income tax year in which the section came into force) for the word " prices " there were substituted the word

earnings; but it shall be the duty of the Secretary of State to disregard that amendment in connection with a particular review if he considers that it would be to the advantage of beneficiaries to do so.

(2)In the preceding subsection " relevant benefits " means—

(a)the benefits mentioned in Part I of Schedule 4 to the Social Security Act 1973 except unemployment or sickness benefit where the beneficiary is under pensionable age and except maternity allowance and age addition;

(b)the increases mentioned in Part III of that Schedule except an increase of unemployment or sickness benefit where the beneficiary is under pensionable age and except an increase of maternity allowance ;

(c)the benefits and increases mentioned in Schedule 3 to the Industrial Injuries Act (including the maxima mentioned in paragraph 12 of that Schedule) except injury benefit, an increase of injury benefit in respect of a child or adult dependant, an increase of disablement pension in respect of a child or adult dependant where the beneficiary is not entitled to an unemployability supplement and except an allowance in respect of a deceased's children under section 21(1) of that Act; and

(d)the allowances to which section 3(2) of this Act relates ;

and in this subsection " pensionable age " has the same meaning as in the Social Security Act 1973 and " beneficiary " means the person entitled to the benefit or increase in question.

(3)In subsection (3).of the said section 39, after paragraph (b) there shall be inserted the following paragraph—

(c)the rate of change in the general level of prices and earnings with a view to considering the desirability of introducing legislation requiring more frequent reviews of benefit than is provided for in this section.

(4)After subsection (10) of the said section 39 there shall be inserted the following subsection—

(10A)Following each review of social security benefits under this section, the Secretary of State shall lay before each House of Parliament a report of his conclusions on the matters which he is required to consider by subsection (3)(c) above.

(5)In subsection (14) of the said section 39, for paragraph (a) (which provides that an order under that section increasing benefits in consequence of a review shall be made so as to come into force not earlier than 16th November or later than 30th November following the date of the approval of the order by Parliament) there shall be substituted the following paragraph—

(a)shall, if it is made in consequence of a review carried out in the year 1975-76, provide for the order to come into force before the end of the week beginning with the last Monday in July of that year.

(6)In subsection (2) of the said section 39, for paragraphs (a) and (b) (which relate to benefits under the Insurance Act, Part I of the Social Security Act 1973, the Industrial Injuries Act and the Old Cases Act) there shall be substituted the words

means benefits under Part I of this Act, the Industrial Injuries Act and the Old Cases Act.

6Minor supplementary provisions and amendments of certain social security enactments

(1)The Secretary of State may by regulations make provision with respect to—

(a)the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question ; and

(b)the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—

(i)a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party's representative or was not received at an appropriate time by the body or person who gave the decision, or

(ii)a party to the proceedings in which the decision was given or the party's representative was not present at a hearing related to the proceedings;

and in this subsection " relevant enactment" means any enactment contained in the National Insurance Acts 1965 to 1974, the National Insurance (Industrial Injuries) Acts 1965 to 1974, the Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1974, the Family Allowances Acts 1965 to 1969, the Supplementary Benefit Acts 1966 to 1973, the Family Income Supplements Act 1970 or the Social Security Act 1973.

(2)Regulations revoking regulations made or having effect as if made by virtue of section 104(4) (b) of the Insurance Act or section 83(4)(b) of the Industrial Injuries Act (which relate to the Joint Authorities for Great Britain and Northern Ireland for national insurance and industrial injuries purposes) may contain such provision as the Secretary of State considers appropriate in consequence of the revoking regulations, including provision for securing that any instrument which was made or could have been made or purports to be made by virtue of the revoked regulations has effect and is deemed always to have had effect, with or without modifications, by virtue of the revoking regulations ; and the Secretary of State may by regulations vary or revoke any provision included by virtue of this subsection in other regulations.

(3)The powers to make regulations conferred by the preceding provisions of this section—

(a)shall be exercisable by statutory instrument; and

(b)include power to make different provision for different circumstances;

and any statutory instrument made by virtue of this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament; but nothing in subsection (1) of this section shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.

(4)Where any provision of Part II of the Social Security Act 1973 allows for specified matters to be dealt with by, or determined in accordance with, regulations made by the Secretary of State or by him and the Minister for the Civil Service jointly, any regulations made by virtue of that provision may provide for those matters to be dealt with by the Occupational Pensions Board in their discretion, or to be determined in accordance with the exercise by the Board of a discretion vested in them by the regulations, and for the Board's discretion to be exercised either generally in regard to those matters or differently in regard to particular cases or classes of case; and this subsection shall be deemed always to have had effect.

(5)The enactments specified in Schedule 4 to this Act shall have effect subject to the amendments there specified (which are amendments in connection with the consolidation of enactments relating to social security and other minor amendments).

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