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National Insurance Act 1974

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This is the original version (as it was originally enacted).

Schedule 4Minor amendments of Social Security Enactments

Part IEnactments of Parliament of United Kingdom

The National Insurance Act 1965

1In section 81 of the Insurance Act—

(a)in subsection (4)(b), after " from other benefit" insert

or from any payment under the Old Cases Act;

(b)for subsection (6) substitute—

(6)In this section " benefit" includes benefit under Part II of the Industrial Injuries Act.

The National Insurance (Industrial Injuries) Act 1965

2In section 12 of the Industrial Injuries Act, omit subsection (4).

3In section 17(1) of that Act, omit

either, the words from " or receiving " to " faculty " and " amount or ".

4In section 18(2) of that Act, omit

eitherand the words from " or is receiving " to " faculty ".

5Section 30A of that Act shall cease to have effect.

6In section 58 of that Act—

(a)in subsection (1), omit paragraph (d);

(b)for subsection (2) substitute—

(2)In respect of byssinosis, a person shall not (unless regulations otherwise provide)—

(a)be entitled to injury benefit; or

(b)be entitled to disablement benefit unless he is found to be suffering, as the result of byssinosis, from loss of faculty which is likely to be permanent.

7In section 62 of that Act, substitute the following for subsections (2) and (3)—

(2)Where the Secretary of State proposes to make any regulations to which this subsection applies he shall (unless it appears to him that by reason of the urgency of the matter it is inexpedient to do so) refer the proposals in the form of draft regulations or otherwise to the said Council for consideration and advice.

(3)Subsection (2) of this section applies to all regulations made under this Act, the Insurance Act, Part I of the Social Security Act or Part IV of that Act so far as relating to Part I, being regulations which relate only to benefit under Part II of this Act or the administration of such benefit, but does not apply to—

(a)regulations under section 83 of this Act; or

(b)any such regulations as are specified in paragraphs (a) to (e) of section 94(9) of the Social Security Act or in paragraphs 12A to 19 of Schedule 12 to that Act.

(3A)The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to benefit under Part II of this Act and the administration of such benefit.

8For section 66 of that Act substitute—

66Without prejudice to section 90 of the Social Security Act, stamp duty shall not be charged on any of the documents specified in Schedule 6 to this Act.

9In section 71 of that Act, in subsection (1) omit

and methods of prevention.

10Sections 73 and 77 of that Act shall cease to have effect.

11Part I of Schedule 1 to that Act shall cease to have effect.

12In Schedule 6 to that Act, in paragraph 4 omit

this Act or ofand the words from " or otherwise " to the end.

The National Insurance Act 1966

13In section 11(1) of the National Insurance Act 1966, after "claim for " insert

unemployment benefit or.

The Supplementary Benefit Act 1966 (The Ministry of Social Security Act 1966)

14In Schedule 2 to the Ministry of Social Security Act 1966, in paragraph 24—

(a)for sub-paragraph (2)(c) substitute—

(c)any increase of an allowance payable under section 21 of the National Insurance (Industrial Injuries) Act 1965, being an increase payable under section 21(2) in respect of—

(i)an only, or the elder or eldest, qualifying child,

or

(ii)the second qualifying child,;

(b)for sub-paragraph (3)(b) substitute—

(b)any increase of an allowance payable under section 21 of the National Insurance (Industrial Injuries) Act 1965, being an increase payable under section 21(2) in respect of any additional child beyond the first two.

The Industrial Injuries and Diseases (Old Cases) Act 1967

15In section 9 of the Old Cases Act, after subsection (2) add the following—

(3)Any sum due from a person by virtue of any provision made by or under this Act may be recovered from him by reduction of any payment under this Act or from benefit under the Social Security Act 1973 or Part II of the Industrial Injuries Act.

16In section 14(1) of that Act in the definition of " prescribed " for " insured persons employed in insurable employment" substitute

earners employed in employed earner's employment.

The National Insurance Act 1972

17In section 4 of the National Insurance Act 1972, in subsection (2) omit the words from

but, if the deceasedto " section 19(1) ".

18In section 8(4) of that Act, for "or instrument" substitute

instrument or document.

The Social Security Act 1973

19In section 15(5) of the Social Security Act 1973, in paragraph (b) after " in pursuance of " insert

those enactments or of.

20In section 26(2) of that Act, for "this Part, as it applies" substitute

the provisions of this Part, those of Part IV below as it relates to this Part, or those of Part IV of the former principal Act, as those provisions apply.

21In section 35 of that Act, at the end of subsection (4) add

or in such other cases as may be prescribed.

22In section 39(5)(b) of that Act, in sub-paragraph (iii) for the words from "rate of injury" to "adult dependant)" substitute

benefit in respect of adult dependant, where no entitlement to unemployability supplement), 8A (the same, where there is entitlement to the supplement).

23In section 47(1) and (2) of that Act, for " the Treasury" substitute

the Secretary of State.

24In section 48 of that Act—

(a)after subsection (1) insert—

(1A)References in subsection (1) above to this Act and this Part of it do not include any operation of the Act or Part in relation to benefit under Part U of the Industrial Injuries Act or the administration of such benefit.;

(b)in subsection (2) omit the words

Subject to the provisions of this section

and for the words from " such " to the end substitute

regulations made under Part I of this Act, or Part IV of this Act so far as relating to Part I, or under Part IV of the former principal Act or the Industrial Injuries Acts, but does not apply to any such regulations as are specified in Part III of Schedule 12 to this Act.

25In section 49(2) of that Act, for " shall " substitute

or, where the Secretary of State's order is made under section 8(4), the Department of Manpower Services for Northern Ireland may.

26In section 90 of that Act, after " Act" insert

Part IV of the former principal Act or the Industrial Injuries Acts or the corresponding Northern Ireland legislation

and for " that Part" substitute

those enactments, or that legislation.

27In section 94 of that Act—

(a)in subsection (1) omit the words

but not Part I of Schedule 1 to that Act (insurable employments);

(b)for subsection (3) substitute—

(3)Regulations under the Industrial Injuries Acts may provide for an employment prescribed by the regulations not to be treated for the purposes of those Acts as employed earner's employment notwithstanding that it would be so treated apart from the regulations.;

(c)in subsection (9), for paragraph (d) substitute—

(d)regulations contained in a statutory instrument which states that it contains only regulations to which section 48(2) of this Act applies ;

(dd)regulations contained in a statutory instrument which states that it contains only regulations making with respect to benefit under Part II of the Industrial Injuries Act or the administration of such benefit the same or substantially the same provision as has been, or is to be, made with respect to benefit under Part I of this Act, or the administration of such benefit;.

28In section 99(18) of that Act, for " or instrument" substitute

instrument or document.

29In Schedule 1 to that Act, in paragraph 6(1)(j), omit the words

where the employment is in continuation of employment in Great Britain.

30In Schedule 8 to that Act—

(a)in paragraph 2(c), for " after that in which the husband died " substitute

following the husband's death (inclusive of the year in which he died);

(b)in paragraph 3(c), for sub-paragraph (ii) substitute—

(ii)following the husband's death (inclusive of the year in which he died),.

31In Schedule 10 to that Act, in paragraph 1(2)(a), after " claim for " insert

unemployment benefit,.

32In Schedule 12 to that Act omit Part II and for paragraph 12 substitute—

12Regulations relating only to benefit under Part II of the Industrial Injuries Act or the administration of such benefit.

12ARegulations made by virtue of paragraph 4 of Schedule 10 to this Act.

12BRegulations under paragraph 14(b) of Schedule 22 to this Act.

33In Schedule 15 to that Act—

(a)in paragraph 2, at the end insert—

(7)This paragraph in its application to Northern Ireland shall have effect with the substitution—

(a)for any reference to the Secretary of State (except the first reference in sub-paragraph (1) and the reference in sub-paragraph (3)) of a reference to the appropriate Northern Ireland department,

(b)for the enactments specified in sub-paragraph (4) and any reference to those enactments of a reference to Articles 9 to 12 of the Superannuation (Northern Ireland) Order 1972, and

(c)in sub-paragraph (5) for the words from " rules " to " 1948 " of the words " any provision such as is mentioned in paragraph 4 of Schedule 3 to the said Order of 1972,

and for the purposes of this paragraph " the appropriate Northern Ireland department" in relation to any class of employment qualifying a person for benefit under any Article of the Superannuation (Northern Ireland) Order 1972 means the department which has power to make regulations under that Article. ;

(b)in paragraph 12(a), after " former principal Act" insert

or Part III of the National Insurance Act (Northern Ireland) 1966.

34In Schedule 22 to that Act, in paragraph 14, for sub-paragraph (b) substitute—

(b)for the purposes of this Act, the Industrial Injuries Act or the Family Allowances Act, as to the circumstances in which—

(i)a marriage celebrated under a law which permits polygamy; or

(ii)any marriage during the subsistence of which a party to it is at any time married to more than one person, is to be treated as having or not having the consequences of a marriage celebrated under a law which does not permit polygamy;.

35In Schedule 23 to that Act, in paragraph 9(3), for " during the 2 years preceding the date of the offence " substitute

on the date of the offence or during the 2 years preceding that date.

36In Schedule 25 to that Act—

(a)in paragraph 2(2)(a) after " 99(3)" insert

and paragraph 5(2) of Schedule 23;

(b)in paragraph 10 after sub-paragraph (b) insert—

(bb)in paragraph 5(2) after " State" insert

or of the Northern Ireland Ministry ;;

(c)in paragraph 15(1) after " section 12(3) or made" insert

by that department or the Department of Manpower Services for Northern Ireland.

37In Schedule 26 to that Act, in paragraph 2(3), for " 19" substitute

16.

38In Schedule 27 to that Act, in paragraph 103, for "The Ministry may, with the consent of the Ministry of Finance," substitute

The Department of Health and Social Services may, with the consent of the Department of Finance,

and for " the Ministry " in the second place where those words occur substitute

the Department of Health and Social Services.

39In Schedule 28 to that Act, in column 3 of the entry in Part II relating to the Social Services (Parity) Act (Northern Ireland) 1971, for "The National Insurance Acts 1965 to 1970" substitute

The National Health Service Contributions Act 1965.

The National Insurance and Supplementary Benefit Act 1973

40In section 4 of the Act of 1973—

(a)for the words following paragraph (b) in subsection (1) substitute—

(1A)In this section "benefit" means—

(a)any of the following benefits under Part I of the Social Security Act 1973, namely—

sickness benefit, invalidity benefit, maternity allowance and earnings-related supplement under section 10(8) or 17(4) of that Act; and

(b)injury benefit under the Industrial Injuries Act. ;

(b)in subsection (2) for " the Insurance Act" substitute

Part I of the Social Security Act 1973;

(c)in subsection (3) omit

and the Industrial Injuries Fund

and for " those Funds " substitute

that Fund;

(d)in subsection (7) for the words from " section 85(4) " onwards substitute

section 46(4) of the Social Security Act 1973.

41In section 5(1) of that Act, after the second " 1972 " insert

and the Social Security Act 1973

and after " Insurance Act" insert

and section 12(1)(a)(i) of the said Act of 1973.

Part IINorthern Ireland Enactments

The National Insurance Act (Northern Ireland) 1966

42In section 80 of the National Insurance Act (Northern Ireland) 1966—

(a)in subsection (4)(b), after " from other benefit" insert

or from any payment under the Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966;

(b)for subsection (6) substitute—

(6)In this section " benefit" includes benefit under Part II of the Industrial Injuries Act.

The National Insurance (Industrial Injuries) Act (Northern Ireland) 1966

43In section 12 of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, omit subsection (5).

44In section 17(1) of that Act, omit

either, the words from " or receiving " to " faculty " and " amount or ".

45In section 18(2) of that Act, omit

eitherand the words from " or is receiving " to " faculty ".

46Sections 25(2)(c) and 30A of that Act shall cease to have effect.

47In section 56(1) of that Act omit paragraph (d).

48For section 61 of that Act substitute—

61Without prejudice to section 90 of the Social Security Act, stamp duty shall not be charged on any of the documents specified in Schedule 6 to this Act.

49In section 67 of that Act, in subsection (1), omit

and methods of prevention.

50Sections 69 and 72 of that Act shall cease to have effect.

51Part I of Schedule 1 to that Act shall cease to have effect.

52In Schedule 6 to that Act, in paragraph 4, omit

this Act or ofand the words from " or otherwise " to the end.

The Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966

53In section 5 of the Workmen's Compensation (Supplementation) Act (Northern Ireland) 1966, after subsection (2) add the following—

(3)Any sum due from a person by virtue of any provision made by or under this Act may be recovered from him by deduction from any payment under this Act or from benefit under the Social Security Act 1973 or Part II of the Industrial Injuries Act.

54In section 7(1) of that Act, for " six months" substitute

three months.

The National Insurance (No. 2) Act (Northern Ireland) 1966

55In section 11(1) of the National Insurance (No. 2) Act (Northern Ireland) 1966, after " claim for " insert

unemployment benefit or.

The Supplementary Benefits &c. Act (Northern Ireland) 1966

56In Schedule 2 to the Supplementary Benefits &c. Act (Northern Ireland) 1966, in paragraph 24—

(a)for sub-paragraph (2)(c) substitute—

(c)any increase of an allowance payable under section 21 of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, being an increase payable under section 21(2) in respect of—

(i)an only, or the elder or eldest, qualifying child,

or

(ii)the second qualifying child.;

(b)for sub-paragraph (3)(b) substitute—

(b)any increase of an allowance payable under section 21 of the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966, being an increase payable under section 21(2) in respect of any additional child beyond the first two.

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