xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

E+W+S+N.I.

Social Security (Consequential Provisions) Act 1975

1975 CHAPTER 18

An Act to make provision consequential on, and in connection with, the Social Security Act 1975, the Industrial Injuries and Diseases (Old Cases) Act 1975, the Social Security (Northern Ireland) Act 1975 and the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975.

[20th March 1975]

Annotations:

Commencement Information

I1Act not in force at Royal Assent see s. 3(2)

1 Repeals; amendments of statute book.E+W+S+N.I.

(1)In consequence of, and in connection with, the following consolidation Acts, namely—

(which Acts are together referred to in this Act as “the consolidations”) the following provisions of this section shall have effect.

(2)The enactments specified in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3)The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.

(4)Where this Act amends an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly, or an Order made under, or having the same effect as, an enactment of that Parliament or that Assembly, the enactment or Order as amended shall be subject to the M5Interpretation Act (Northern Ireland) 1954 in the same way as an enactment of that Parliament or that Assembly is so subject.

Annotations:

Modifications etc. (not altering text)

C1The text of s. 1(2)(3) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

2 Transitional provisions and savings. E+W+S+N.I.

(1)The provisions of Part I of Schedule 3 to this Act (which essentially reproduce those of Schedule 26 to the M6Social Security Act 1973) shall have effect with respect to the transition from the operation of the National Insurance Acts 1965 to 1974 and the corresponding Northern Ireland legislation, and the other enactments repealed by the 1973 Act, to the operation of—

(a)Parts II and III of the 1973 Act; and

(b)so much of the new Act as replaces by consolidation provisions of the 1973 Act and the legislation amending it.

(2)In connection with the consolidations, and with the repeals made by this Act, the further transitional provisions and savings contained in Parts II and III of Schedule 3 to this Act shall have effect; but no specific provision in Part III is to be regarded as prejudicing any general provision elsewhere in this Act.

(3)Where any provision of Schedule 3 to this Act confers power to make an Order in Council or regulations, then—

(a)in so far as the power is exercisable in relation to Great Britain, or to the United Kingdom as a whole, [F1sections 189 and 190(3) of the Social Security Administration Act 1992] apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act; and

(b)in so far as the power is exercisable in relation to Northern Ireland only, [F2sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992] apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act.

(4)Section 38 of the M7Interpretation Act 1889 (effect of repeals)—

(a)has effect in relation to any enactment repealed by this Act and re-enacted in any of the consolidations as if the repeal were made by the consolidation and not by this Act;

(b)has the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly (or of any provision of an Order made under, or having the same effect as, such an enactment) as it has in relation to the repeal of an Act of the Parliament of the United Kingdom (references in section 38 of the 1889 Act to Acts and enactments being construed accordingly);

but nothing in this subsection or in Schedule 3 to this Act affects the general operation of section 38 of the 1889 Act with regard to the effect of repeals.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

Marginal Citations

3 Entry into force of consolidations and this Act.E+W+S+N.I.

(1)Provisions of—

which are made (whether by the Act or Measure itself or by an instrument made under an enactment) to come into force on 6th April 1975 do so in that order, except that paragraph 39 of Schedule 4 to the M12National Insurance Act 1974 and section 8(7) of the M13Social Security Benefits Act 1975 (both of which make minor amendments of the repeals Schedule to the 1973 Act) come into force before that Act.

(2)Subject to the following subsections, the consolidations and this Act come into force as soon as all the provisions mentioned in subsection (1) above have done so.

(3)Nothing in the consolidations or this Act affects so much of any order under section 101 of the 1973 Act (commencement) or regulations under Schedule 26 to that Act (transition from old system of national insurance to new system of social security) as provides for an enactment repealed by that Act or this Act to continue wholly or partly in force on and after 6th April 1975 or has the effect of it so doing.

(4)Where any provision of the 1973 Act is re-enacted in the consolidations with amendments made by the M14Social Security Benefits Act 1975, having come into force subject to any modification contained in an order under Part I of Schdule 5 to the said Act of 1975 (commencement etc.), the provision as re-enacted has effect subject to the same modification.

(5)To the extent that any provision contained in the consolidations was, immediately before 6th April 1975, not yet in force and dependent for its entry into force—

(a)on an order under—

(b)on any regulation made under the 1973 Act, Schedule 26,

(not being an order or regulation of which the effect is to bring that provision into force on 6th April 1975), that provision shall continue so dependent notwithstanding that it is repealed and re-enacted (in the consolidations or this Act) and the order or regulation does not any longer apply to it in terms.

4 Interpretation.E+W+S+N.I.

(1)In this Act—

and (except where otherwise stated) expressions defined in the new Act have the same meaning in this Act as in that Act.

(2)In Schedule 3 to this Act, “the appointed day”—

(a)for the purposes of any provision of that Schedule which replaces one from Schedule 26 to the 1973 Act, has the same meaning as it there had by virtue of section 101(2)(b) of that Act;

(b)in relation to any provision of the consolidations entering into force on any later day than 6th April 1975, means that later day; and

(c)otherwise means 6th April 1975; and

(3)References in this Act to any enactment, except so far as the context otherwise requires, are to that enactment as amended or extended by or under any other enactment including an enactment contained in any of the consolidations or in this Act.

5 Extent.E+W+S+N.I.

(1)Section 1 of, and Schedules 1 and 2 to, this Act extend to Northern Ireland so far as they operate to repeal or amend an enactment in force in Northern Ireland.

(2)The remainder of this Act extends to Northern Ireland except where it is otherwise stated, and except so far as by its terms or effect it is capable of extending to Great Britain only or to England and Wales or Scotland only, or replaces provisions of earlier Acts not extending to Northern Ireland.

6 Citation.E+W+S+N.I.

This Act may be cited as the Social Security (Consequential Provisions) Act 1975.

SCHEDULES

Section 1(2)

Schedule 1E+W+S+N.I. Repeals

Annotations:

Modifications etc. (not altering text)

C3The text of Schedule 1 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S+N.I. Enactments of the Parliament of the United Kingdom

Schedule 1

Schedule 1

Schedule 1

Schedule 1

Schedule 1

Schedule 1

Schedule 1

Schedule 1

Section (1)3.

Schedule 2E+W+S+N.I. Consequential Amendments of Enactments

Annotations:

Modifications etc. (not altering text)

C4The text of Schedule 2 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IE+W+S+N.I. Enactments of the Parliament of the United Kingdom

[F3 Bankruptcy (Scotland) Act 1913 (c. 20)E+W+S+N.I.

Annotations:

Amendments (Textual)

1In section 118(1) of the Bankruptcy (Scotland) Act 1913—E+W+S+N.I.

(a)in paragraph (a), after “ income tax” insert “ or class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4]

Annotations:

Amendments (Textual)

[F5 Bankruptcy Act 1914 (c. 59)E+W+S+N.I.

Annotations:

Amendments (Textual)

2In section 33 (1) of the Bankruptcy Act 1914—E+W+S+N.I.

(a)in paragraph (a), after “ income tax” insert “ or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Annotations:

Amendments (Textual)

3In Schedule 2 to that Act, for paragraph 9 substitute—E+W+S+N.I.

9Formal proof of debts in respect of contributions payable under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, or of contributions or premiums payable under Part III of the Social Security 1973 (to which contributions and premiums priority is given by this Act) shall not be required except where it may otherwise be provided by rules under this Act.]

4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7E+W+S+N.I.

Annotations:

Amendments (Textual)

National Assistance Act 1948 (c. 29)E+W+S+N.I.

5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8E+W+S+N.I.

F96. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10E+W+S+N.I.

Law Reform (Personal Injuries) Act 1948 (c. 41)E+W+S+N.I.

F118. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13E+W+S+N.I.

Annotations:

Amendments (Textual)

House of Commons Disqualification Act 1957 (c. 20)E+W+S+N.I.

10In the House of Commons Disqualification Act 1957—E+W+S+N.I.

(a)in Schedule 1, Part II, in each of the entries beginning “ A Medical Appeal Tribunal” and “ A Medical Board” for “ the National Insurance (Industrial Injuries) Act 1965 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975”;

(b)in Schedule 1, Part II, as substituted (and set out in Schedule 3) in relation to the Northern Ireland Assembly, in each of those entries for “ the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975” ;

(c)in Schedule 1, Part III, in the first entry beginning “ Chairman or Deputy Chairman”, for “ 1967” substitute “ 1975” ;

(d)in Schedule 1, Part III, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”

(e)in the Part substituted for Part III of Schedule 1 in relation to the Northern Ireland Assembly, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”

F1411. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15E+W+S+N.I.

Annotations:

Amendments (Textual)

F15Sch. 2 para. 11 repealed by Agricultural Training Board Act (c. 9), s. 11(1), Sch. 2 and by Industrial Training Act 1982 (c. 10), Sch. 4

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16E+W+S+N.I.

13—18.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17E+W+S+N.I.

Annotations:

Amendments (Textual)

19—23.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18E+W+S+N.I.

24—31.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19E+W+S+N.I.

Annotations:

Amendments (Textual)

F19Sch. 2 paras. 24—31 repealed by Supplementary Benefits Act 1976 (c. 71), s. 35(3), Sch. 8 Pt. I; words in para. 31 expressed to be repealed (1.7.1992) by Social Security (Consequential Provisions)(Northern Ireland) Act 1992 (c. 9), s.3 Sch. 1

Agriculture Act 1967 (c. 22)E+W+S+N.I.

32[F20In section 67(3) of the Agriculture Act 1967, in paragraph (e), for the words following “ benefits” substitute “ payable under Part II of the Social Security Act 1975”.]E+W+S+N.I.

Public Expenditure and Receipts Act 1968 (c. 14)E+W+S+N.I.

33In Schedule 3 to the Public Expenditure and Receipts Act 1968, for the entry at the end of paragraph 1(b) (inserted by the Social Security Act 1973, Schedule 27, paragraph 77) substitute—E+W+S+N.I.

The Social Security Act 1975 (c.14) section 160(2)The Secretary of State.

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21E+W+S+N.I.

Annotations:

Amendments (Textual)

Social Work (Scotland) Act 1968 (c. 49)E+W+S+N.I.

35. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22E+W+S+N.I.

36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F23E+W+S+N.I.

Annotations:

Amendments (Textual)

F23Sch. 2 para. 36 repealed by Finance (No. 2) Act 1979 (c. 47), Sch. 5 Pt. II in relation to the year 1979–80 and subsequent years of assessment.

37. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F24E+W+S+N.I.

Annotations:

Amendments (Textual)

F24Sch. 2 para. 37 repealed by Finance Act 1977 (c. 36), Sch. 9 Pt. IV except in relation to any allowance or benefit payable in respect of a period before 4.4.1977

38, 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25E+W+S+N.I.

Administration of Justice Act 1970 (c. 31)E+W+S+N.I.

40In schedule 4 to the Administration of Justice Act 1970, substitute for paragraph 3—E+W+S+N.I.

3Reserve scheme contributions and premiums under Part III of the Social Security Act 1973.

3AClass 1, 2, and 4 contributions under Part I of the Social Security Act 1975.

Family Income Supplements Act 1970 (c. 55)E+W+S+N.I.

41. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F26E+W+S+N.I.

Attachment of Earnings Act 1971 (c. 32)E+W+S+N.I.

42In Schedule 2 to the Attachment of Earnings Act 1971, for paragraph 3 substitute—E+W+S+N.I.

3Reserve scheme premiums and contributions under Part III of the Social Security Act 1973 ;

3AClass 1, 2 and 4 contributions under Part I of the Social Security Act 1975.

43In Schedule 3 to that Act, for paragraph 3(b) substitute—E+W+S+N.I.

(b)primary reserve scheme contributions under Part III of the Social Security Act 1973 ;

(bb)primary Class 1 contributions under Part I of the Social Security Act 1975.

44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F27E+W+S+N.I.

45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28E+W+S+N.I.

Annotations:

Amendments (Textual)

Tribunals and Inquiries Act 1971 (c. 62)E+W+S+N.I.

F2946. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F30E+W+S+N.I.

Annotations:

Amendments (Textual)

Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)E+W+S+N.I.

48In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(i), for sub-paragraph (i) substitute—E+W+S+N.I.

(i)a widow’s pension (by way of industrial injuries benefit) payable at the initial rate or the higher permanent rate under section 68 of the Social Security Act 1975,

and for the words from “ Schedule 3” to “ that Act” substitute “ Part I of Schedule 4 to the Social Security Act 1975 for a contributory widow’s pension under Part II of that Act. ”

49. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31E+W+S+N.I.

Social Security Act 1973 (c. 38)E+W+S+N.I.

50The Social Security Act 1973 shall be amended in accordance with the following 16 paragraphs.E+W+S+N.I.

51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32E+W+S+N.I.

F3352. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

53—57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34E+W+S+N.I.

F3558. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

59. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36E+W+S+N.I.

[F3760In section 95—E+W+S+N.I.

(a)in subsection (2)(b) for “and 13 to 15” substitute “13 and 14”, and for “Schedules 23 and 26” substitute “Schedule 23”;

(b)in subsection (4) for “Parts II, III and IV” substitute “Part II”.]

Annotations:

Amendments (Textual)

61In section 97, for subsection (3) substitute—E+W+S+N.I.

(3)All regulations and orders made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament

and in subsection (4), omit “ 48(3) or” and for “ the relevant” substitute “ that”.

62—65.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F38E+W+S+N.I.

[F3966In Schedule 25—E+W+N.I.

(a)for paragraph 2 substitute—

2. For any reference to the Secretary of State (except in sections 96(6) and 99(3) and Schedule 23, paragraph 5) substitute the Northern Ireland Ministry, and for any reference to the Minister for the Civil Service substitute the Ministry of Finance;

(b)for paragraph 8 substitute—

8. in section 99(17) after “97” insert “or Schedule 25, paragraph 15(3) or (3A)”.;

(c)in paragraph 10(f), in the paragraph substituted for Schedule 23 paragraph 11, for “7 to 9” substitute “7 and 9” and in paragraph 10(g) for “7 to 9” substitute “7 and 9”.]

Annotations:

Amendments (Textual)

National Insurance and Supplementary Benefit Act 1973 (c. 42)E+W+S+N.I.

67In paragraph 1 of Schedule 5 to the National Insurance and Supplementary Benefit Act 1973, for “ sections 1 to 6” substitute “ section 6”.E+W+S+N.I.

Employment and Training Act 1973 (c. 50)E+W+S+N.I.

68In section 11(3) of the Employment and Training Act 1973, for the words from “ the National” to “ that Act” substitute “ Part II of the Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner”.E+W+S+N.I.

F4069. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

The National Insurance Act 1974 (c. 14)E+W+S+N.I.

F4170. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

Part IIE+W+S+N.I. Enactments Of The Parliament Of Northern Ireland Or The Northern Ireland Assembly: Orders In Council Applying To Northern Ireland

71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F42E+W+S+N.I.

Annotations:

Amendments (Textual)

[F43 Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1971, Schedule 5 paragraph 1)—E+W+S+N.I.

Annotations:

Amendments (Textual)

72In section 3 of the M24 Law Reform (Miscellaneous Provisions) Act (Northern Ireland) 1948 (as amended by the M25 Social Services (Parity) Order (Northern Ireland) 1971, Schedule 5 paragraph 1)—E+W+S+N.I.

(a)in subsection (1), for the words from “ industrial injury” to “ invalidity benefit” substitute— any of the following benefits under the Social Security (Northern Ireland) Act 1975 or the Social Security Act 1975, namely—

sickness benefit,

invalidity benefit,

non-contributory invalidity pension,

injury benefit,

disablement benefit ; and

(b)for subsection (6) substitute—

(6)For the purposes of this section disablement benefit in the form of a gratuity is to be treated as benefit for the period taken into account by the assessment of the extent of the disablement in respect of which it is payable.]

Annotations:

Marginal Citations

M24 S.R. & O (N.I.).

Employment and Training Act (Northern Ireland) 1950 (c. 29)E+W+S+N.I.

F4473. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

F4574. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Judicial Pensions Act (Northern Ireland) 1951 (c. 20)E+W+S+N.I.

75The following section shall be substituted for section 3 of the Judicial Pensions Act (Northern Ireland) 1951—E+W+S+N.I.

3 Application of Part II.

Without prejudice to section 2(6)(a) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (application of certain provisions in respect of President of the Industrial Court or of the Industrial Tribunals), this Part shall apply in relation to service by a person as a National Insurance Commissioner remunerated by means of a salary ; but in its application to such a Commissioner this Part shall have effect subject to paragraph 7(3) and (4) of Schedule 10 to the Social Security (Northern Ireland) Act 1975 “ serve” and “ service” being construed accordingly.

76The following section shall be substituted for section 16 of that Act—E+W+S+N.I.

16 Departmental recommendation required in certain cases.

The grant under this Part of this Act of a lump sum or widow’s or children’s pension conditional on eligibility for a pension for service as a National Insurance Commissioner shall require the recommendation of the Department of Health and Social Services.

F4677. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47E+W+S+N.I.

Annotations:

Amendments (Textual)

79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F48E+W+S+N.I.

Annotations:

Amendments (Textual)

80. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49E+W+S+N.I.

Annotations:

Amendments (Textual)

F49Sch. 2 para. 80 repealed by S.I. 1978/1042 (N.I. 12), Sch. 7; Sch. 2 para. 80 expressed to be repealed (1.7.1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (C. 9), ss. 3, 7(2), Sch.1

81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50E+W+S+N.I.

Annotations:

Amendments (Textual)

82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F51E+W+S+N.I.

Annotations:

Amendments (Textual)

83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F52E+W+S+N.I.

Annotations:

Amendments (Textual)

84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53E+W+S+N.I.

Annotations:

Amendments (Textual)

F5485. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Annotations:

Amendments (Textual)

86. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F55E+W+S+N.I.

Annotations:

Amendments (Textual)

F5687. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

88—93.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F57E+W+S+N.I.

Annotations:

Amendments (Textual)

94—100.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F58E+W+S+N.I.

Annotations:

Amendments (Textual)

101(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F59E+W+S+N.I.

(b)—(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F60

Annotations:

Amendments (Textual)

102. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F61E+W+S+N.I.

Annotations:

Amendments (Textual)

103. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F62E+W+S+N.I.

Annotations:

Amendments (Textual)

Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 (c. 7)E+W+S+N.I.

104In section 1(4) of the Superannuation (Miscellaneous Provisions) Act (Northern Ireland) 1969 for paragraph (d) substitute—E+W+S+N.I.

(d)paragraphs 5 to 7 of Schedule 10 to the Social Security (Northern Ireland) Act 1975.

105. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63E+W+S+N.I.

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106. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F64E+W+S+N.I.

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Social Services (Parity) Act (Northern Ireland) 1971 (c. 21)E+W+S+N.I.

107In section 2 of the Social Services (Parity) Act (Northern Ireland) 1971 for the words from the beginning to “ Fund” in the second place where it occurs substitute “ Subject to the provision made by section 129(5) of the Social Security (Northern Ireland) Act 1975 for reimbursement out of the Northern Ireland National Insurance Fund”.E+W+S+N.I.

F65108. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F65Sch. 2 para. 108 repealed (1.7.1992) by Social Security (Consequential Provisions) (Northern Ireland) Act 1992 (C. 9), ss. 3, 7(2), Sch. 1

Pensions (Increase) Act (Northern Ireland) 1971 (c. 35)E+W+S+N.I.

109In Part I of Schedule 2 to the Pensions (Increase) Act (Northern Ireland) 1971 for paragraph 12 substitute—E+W+S+N.I.

12A pension payable under paragraph 6 of Schedule 10 to the Social Security (Northern Ireland) Act 1975.

Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972 No. 1265 (N.I. 14)E+W+S+N.I.

F66110. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F67E+W+S+N.I.

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National Insurance Measure (Northern Ireland) 1974 (c. 4)E+W+S+N.I.

F68112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

Sections 2 and 4.

SCHEDULE 3E+W+S+N.I. Transitional Provisions and Savings

Part IE+W+S+N.I. Supersession of National Insurance Acts

F691. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F702. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F713. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F724. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F735. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F746. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F757. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F768. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F779. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F7810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F7911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F8012. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Part IIE+W+S+N.I. General Transitional Provisions and Savings

F8113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F8214. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F8315. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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F8416. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S+N.I.

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Part IIIE+W+S+N.I. Specific Transitional Provisions and Savings (including some retained from previous Acts)

Great BritainE+W+S

F8517. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F8618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F8719. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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F8820. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

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21The Secretary of State shall continue to have power by regulations to make such transitional or consequential provisions as appear to him to be necessary or expedient having regard to the repeal by section 89 of the Act of 1946 of enactments in relation to diseases and to injuries not caused by accident, including provision for modifying or winding up any scheme made under an enactment repealed by that section; and for the avoidance of doubt, the provision which may be made by virtue of this paragraph for modifying such a scheme as is mentioned above includes provision for the union of any fund established under such a scheme with any other fund established for comparable purposes.E+W+S

22(1)Her Majesty shall continue to have power by Order in Council to make or authorise the making of such provision as appears to Her to be necessary or expedient having regard to the provisions of section 89 of the Act of 1946, for—E+W+S

(a)modifying or winding up any contracting-out scheme certified under section 31 of the M26Workmen’s Compensation Act 1925;

(b)winding up any compensation trust established under the M27Workmen’s Compensation (Coal Mines) Act 1934.

(2)Provision in relation to deposits made under section 4 of the said Act of 1934 by mutual indemnity associations for any matters consequential on the passing of section 89 of the Act of 1946 may, notwithstanding the repeal of the said Act of 1934, continue to be made by rules under the said section 4.

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Marginal Citations

23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89E+W+S

24The repeal by this Act of Part II of Schedule 6 to the M28National Insurance Act 1969 does not affect any past operation of that Part of the Schedule in relation to increases of benefit.E+W+S

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Marginal Citations

25The repeal by this Act of section 6(2) of the M29National Insurance Act 1974 (scope of revoking regulations relating to joint arrangements with Northern Ireland) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—E+W+S

(a)the Secretary of State’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue, notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and

(b)subsection (3) of section 6 of the M30National Insurance Act 1974 (regulation-making powers exercisable by statutory instrument etc.) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.

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Marginal Citations

26The repeal by this Act of section 2(2) of the M31Social Security Amendment Act 1974 (vires for regulations made under section 40(4) of the 1973 Act) does not affect the validity of any regulations to which that subsection applies.E+W+S

Annotations:

Marginal Citations

Social Security Benefits Act 1975: commencement and transitional provisionsE+W+S

27(1)So much of any order made under paragraph 1 of Schedule 5 to the 1975 amending Act (commencement) as makes any incidental, supplementary or other provision by virtue of sub-paragraph (2)(a) of that paragraph shall continue in force notwithstanding any repeal effected by this Act.E+W+S

(2)Insofar as such an order makes provision by reference to, or for the purposes of, an enactment repealed by this Act and replaced by a corresponding provision in the consolidations or this Act, that provision of the order shall continue in force by reference to, or for the purposes of, the said corresponding provision.

(3)For the purpose of continuing the Secretary of State’s power on and after the appointed day to make, vary and revoke orders under paragraph 1 of Schedule 5 to the 1975 amending Act, the references in that paragraph to that Act and provisions of it are to be construed as referring, or as including references, to this Act and the corresponding provisions of the consolidations.

28Sections 139 and 141(2) of the new Act (consultation with N.I.A.C. and I.I.A.C.) shall not apply to regulations made, or to a draft of regulations laid before Parliament, if—E+W+S

(a)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any provision of the 1975 amending Act relating to non-contributory invalidity pension or invalid care allowance and the regulations are made, or the draft is laid, before the day appointed for the coming into force of that provision (or, as the case may be, for the coming into force of the corresponding provision in the new Act); or

(b)the instrument containing the regulations or, as the case may be, the draft states that they are made in consequence of any other provisions of the 1975 amending Act (or, as the case may be, any other provisions of the new Act which correspond to those of the 1975 amending Act) and the regulations are made, or the draft is laid, before the expiration of the period of 6 months beginning with the passing of the 1975 amending Act.

29(1)The affirmative procedure provisions shall not apply to any regulations, order or scheme if—E+W+S

(a)the instrument containing the regulations states that they are made, or the instrument containing the order or scheme states that it is made, in consequence of the 1975 amending Act or provisions of the consolidations replacing those of that Act; and

(b)the regulations are made, or the order or scheme is made, before the expiration of 6 months beginning with the passing of the 1975 amending Act.

(2)Where, apart from sub-paragraph (1) above, any of the affirmative procedure provisions would apply to an instrument, that instrument shall instead be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)In this paragraph “the affirmative procedure provisions” means section 167(1) of the new Act and section 4(8)(a) of the Old Cases Act.

30(1)The Secretary of State may by regulations provide that paragraph 15(b)(ii) of Part V of Schedule 4 to the new Act shall have effect, in relation to a child in respect of whom no allowance is payable under the Family Allowances Act, as if for “£1·60” there was substituted “£1·80” in the case of a second qualifying child and “£1·70” in the case of any additional qualifying child beyond the first two (being the rates that would have applied apart from the provisions of section 2 of the 1975 amending Act).E+W+S

(2)The power to make regulations under this paragraph shall be exercisable by statutory instrument; and any statutory instrument containing any such regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Northern IrelandE+W+S+N.I.

31Paragraphs F90. . . 24, 26, 27, 29 and 30 above (but not paragraph 19, paragraphs 21 to 23, paragraph 25 or 28) apply to Northern Ireland with the substitution for any reference or words specified in column 1 of the following Table of the reference or words specified in relation thereto in column 2.E+W+S+N.I.

Table
A reference to the M32National Insurance (Industrial Injuries) Act 1946 (“the Act of 1946”).A reference to the M33National Insurance (Industrial Injuries) Act (Northern Ireland) 1946.
A reference to 26th August 1953A reference to 21st October 1953.
A reference to the M34National Insurance Act 1969.A reference to the M35National Insurance &c. (No. 2) Act (Northern Ireland) 1969.
A reference to the Secretary of State.A reference to the Department of Health and Social Services for Northern Ireland.
A reference to an instrumentA reference to a statutory rule for the purposes of the M36Statutory Rules Act (Northern Ireland) 1958.
The words “order or scheme” where they first occur in paragraph 29.The words “or order”.
The words “order or scheme” in the second and third places where they occur in paragraph 29.The word “order”.
The words from “subject to annulment” onwards (in paragraph 29(2)).The words “laid before the Northern Ireland Assembly after being made”.
The words from “section 167(1)” onwards (in paragraph 29(3)).The words “section 156(1) of the new Act”.
[F91The words from “by statutory instrument” onwards (in paragraph 30(2)).][F91The words “by statutory rule for the purposes of the Statutory Rules Act (Northern Ireland) 1958; and any statutory rule containing any such regulations shall be laid before the Northern Ireland Assembly after being made.]

32(1)A claim in respect of a period before 10th May 1966 for an allowance under a scheme made under the M37Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1951 or under regulations made under the M38Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1956 may be made, and, when made, shall be determined, and any award thereon in respect of such a period shall be made, as if the M39Workmen’s Compensation (Supplementation) Act (Northern Ireland) 1966 and the M40Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975 had not been passed; and if on any such claim an allowance is awarded, section 5(2) of the said Act of 1975 shall apply as if the claimant had been receiving payment of that allowance immediately before 10th May 1966, whether or not he was in fact doing so.E+W+S+N.I.

(2)Regulations made by the Department under the said Act of 1975 may include provision for the payment or award in respect of any period beginning on or after the appointed day of an allowance under that Act without any further award or, as the case may be, any further claim, in a case where evidence of the satisfaction of the conditions for that allowance is afforded by the awards before that day or under sub-paragraph (1) of an allowance under a scheme or regulation mentioned in that sub-paragraph.

(3)An allowance paid under a scheme or regulation mentioned in sub-paragraph (1) in respect of any period commencing on or after the appointed day shall, except for the purposes of section 5(2) of the said Act of 1975, be treated as paid on account of an allowance under that Act and the amount of any allowance payable under that Act for that period shall be adjusted accordingly.

33The Department shall continue to have power by regulations to make such transitional or consequential provisions as appear to it to be necessary or expedient having regard to the repeal by section 88 of the M41National Insurance (Industrial Injuries) Act (Northern Ireland) 1946 of any enactment in relation to diseases and to injuries not caused by accident, including provisions for modifying or winding up any scheme made under any enactment repealed by that section and for the union of any fund established under any such scheme with any other fund established for comparable purposes.E+W+S+N.I.

Annotations:

Marginal Citations

34. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F92E+W+S+N.I.

35The repeal by this Act of section 5(2) of the M42National Insurance Measure (Northern Ireland) 1974 (scope of revoking regulations relating to joint arrangements with Great Britain) does not affect the validity of anything which was made valid, or whose validity was continued, by regulations made under that subsection; and—E+W+S+N.I.

(a)the Department’s power by regulations to revoke or vary any provision included by virtue of that subsection or this paragraph in other regulations shall continue notwithstanding that repeal, and include power to revoke or vary any provision of regulations having effect by virtue of this paragraph; and

(b)subsection (3) of section 5 of the National Insurance Measure (Northern Ireland) 1974 (regulations to be subject to negative resolution) applies to regulations made by virtue of sub-paragraph (a) above as it does to regulations under subsection (1) of that section.

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Marginal Citations