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Social Security Pensions Act 1975

Status:

This is the original version (as it was originally enacted).

Part IConsequential and Other Amendments

The Bankruptcy (Scotland) Act 1913

1In section 118(1) of the Bankruptcy (Scotland) Act 1913 for paragraphs (f) and (g) there shall be substituted—

(f)all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland.

The Bankruptcy Act 1914

2In the Bankruptcy Act 1914—

(a)in section 33(1) for paragraphs (f) and (g) there shall be substituted—

(f)all debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland;

(b)in Schedule 2 to that Act, in paragraph 9 for the words " contributions or premiums payable under Part III of the Social Security Act 1973 " mere shall be substituted the words

state scheme premiums payable under Part III of the Social Security Pensions Act 1975 or any corresponding provisions in force in Northern Ireland.

The Companies Act 1948

3In section 319(1)(e) of the Companies Act 1948 for the words from " all the debts " onwards, there shall be substituted the words

all the debts specified in section 153(2) of the Social Security Act 1975, Schedule 3 to the Social Security Pensions Act 1975 and any corresponding provisions in force in Northern Ireland.

The Law Reform (Personal Injuries) Act 1948

4In section 2(1) of the Law Reform (Personal Injuries) Act 1948 for the words "the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975 " there shall be substituted the words

the Social Security Act 1975, the Social Security Pensions Act 1975 or any corresponding provisions in force in Northern Ireland.

The Administration of Justice Act 1964

5In section 17(2)(b) of the Administration of Justice Act 1964 for the words from " together " onwards there shall be substituted the words " together with—

(i)secondary Class 1 contributions payable in respect of those officers under Part I of the Social Security Act 1975 ; and

(ii)state scheme premiums so payable under Part III of the Social Security Pensions Act 1975 ".

The Family Allowances Act 1965

6In section 8(3) of the Family Allowances Act 1965 after the words "the Social Security Act 1975" there shall be inserted the words

, the Social Security Pensions Act 1975.

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

7In section 16(1)(a) of the Supplementary Benefit Act 1966 after the words " the Social Security Act 1975 " there shall be inserted the words

or Part II of the Social Security Pensions Act 1975.

8In section 26(4) of that Act after the words " Part II of the Social Security Act 1975 " there shall be inserted the words

or Part II of the Social Security Pensions Act 1975.

9In paragraph 24 of Schedule 2 to that Act—

(a)after sub-paragraph (2)(d) there shall be inserted—

(e)any guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975;

(b)in sub-paragraph (3) after the words "the Social Security Act 1975 " there shall be inserted the words

or Part II of the Social Security Pensions Act 1975;

(c)in sub-paragraphs (4) and (5) for the words "the rate specified in Part I of Schedule 4 to the Social Security Act 1975 for a widow's pension under that Act" there shall be substituted the words

the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975.

The Agriculture Act 1967

10In section 67(3)(e) of the Agriculture Act 1967 after the words "Part U of the Social Security Act 1975" there shall be inserted the words

or Part II of the Social Security Pensions Act 1975.

The Rent Act 1968

11In section 40(3)(a) of the Rent Act 1968 for the words " Part III of the Social Security Act 1973 " there shall be substituted the words

Part III of the Social Security Pensions Act 1975.

The Income and Corporation Taxes Act 1970

12In section 8(2)(b) of the Income and Corporation Taxes Act 1970 after the words " those Acts" there shall be inserted the words

or the Social Security Pensions Act 1975 or under any provisions in force in Northern Ireland and corresponding to the last-mentioned Act.

The Administration of Justice Act 1970

13In Schedule 4 to the Administration of Justice Act 1970 for paragraph 3 there shall be substituted—

3State scheme premiums under Part III of the Social Security Pensions Act 1975.

The Family Income Supplements Act 1970

14In section 8(4) of the Family Income Supplements Act 1970 for the words " the Social Security Act 1975 " there shall be substituted the words

the Social Security Acts 1975.

The Attachment of Earnings Act 1971

15In section 24(2) of the Attachment of Earnings Act 1971 after paragraph (e) there shall be inserted—

(f)guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975.

16In Schedule 2 to that Act for paragraph 3 there shall be substituted—

3State scheme premiums under Part III of the Social Security Pensions Act 1975.

17In Schedule 4 to that Act for the words " The Social Security Act 1975 (c. 14)" there shall be substituted the words

The Social Security Acts 1975 (cc. 14 and 60).

The Pensions (Increase) Act 1971

18In section 5(3) of the Pensions (Increase) Act 1971 for the words " in relation to a particular review under section 2 above " there shall be substituted the words

for any particular purpose.

19In section 15(4) of that Act for the words "section 1 or 2 above " there shall be substituted the words

section 1 above or section 59 of the Social Security Pensions Act 1975.

The Finance Act 1971

20In paragraph 1(b) of Schedule 4 to the Finance Act 1971 for the words following " benefit under " there shall be substituted—

(i)the Social Security Act 1975,

(ii)the Social Security Pensions Act 1975,

(iii)the Social Security (Northern Ireland) Act 1975, or

(iv)any provisions in force in Northern Ireland and corresponding to provisions of the Social Security Pensions Act 1975,

which is payable to the wife otherwise than by virtue (wholly or partly) of her own contributions.

The Housing (Financial Provisions) (Scotland) Act 1972

21In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(i) for the words "the rate specified in Schedule 4 to the Social Security Act 1975 for a widow's pension under that Act" there shall be substituted the words

the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975.

The Housing Finance Act 1972

22In Schedule 3 to the Housing Finance Act 1972, in paragraph 9(2)(j) for the words "the rate specified in Schedule 4 to the Social Security Act 1975 for a widow's pension under that Act" there shall be substituted the words

the sum specified in section 6(1)(a) of the Social Security Pensions Act 1975.

The Social Security Act 1973

23In section 51(7)(a) of the Social Security Act 1973 for the word " recognised " there shall be substituted the words

contracted-out.

24In section 63 of that Act—

(a)in subsection (4) for the words " section 51(4)(a) of this Act" there shall be substituted the words

section 40(1) of the Social Security Pensions Act 1975 (in this Act referred to asthe Pensions Act ") " ;

(b)in subsection (6) for the word " recognition " there shall be substituted the words

contracting-out.

25In section 64 of that Act—

(a)in subsections (3) (the concluding words), (4) and (8) after the words " this Act" there shall be inserted the words

or the Pensions Act;

(b)in subsection (3)(a) for the words " recognised pensionable employment" there shall be substituted the words

contracted-out employment.

26In section 66 of that Act—

(a)in subsection (1) after the words " this Act" there shall be inserted the words

and the Pensions Act;

(b)in subsection (7)(a) for the words " recognition certificates " there shall be substituted the words

contracting-out certificates;

(c)after subsection (9) there shall be inserted—

(10)References in this section to the Pensions Act and contracting-out certificates shall respectively include references—

(a)to any provisions in force in Northern Ireland and corresponding to provisions of this Part of this Act or the Pensions Act; and

(b)to contracting-out certificates within the meaning of any such provisions.

27In section 67 of that Act—

(a)in subsection (1)(a) for the words " recognition certificate " there shall be substituted the words

contracting-out certificate;

(b)in subsection (4) after the words " review under this section " there shall be inserted the words

or under any corresponding provision in force in Northern Ireland.

28In section 69(2)(a) and (5) of that Act for the words " recognised " there shall be substituted the words

contracted-out.

29In section 86 of that Act—

(a)in subsection (1)(a) after the words " this Act" there shall be inserted the words

or Part III or IV of the Pensions Act;

(b)in subsection (1)(b) for the words from " under section 85(1) " onwards there shall be substituted the words

under section 60(2) of the Pensions Act falls to be determined by that Board;

(c)in subsection (l)(c) for the words "either Board" in both places there shall be substituted the words

that Board;

(d)in subsection (3) for the words " either Board " there shall be substituted the words

the Occupational Pensions Board.

30In section 89(1) and (3)(b) of that Act for the words from " reserve scheme contributions " onwards there shall be substituted the words

state scheme premiums.

31In section 99(1) of that Act the following definitions shall be inserted at the appropriate points— ' contracted-out employment' and ' contracting-out certificate' shall be construed in accordance with section 30 of the Pensions Act and references to a contracted-out scheme and to contracting-out shall be construed in accordance with section 32 of that Act; " "' guaranteed minimum pension' has the meaning given in section 26 of the Pensions Act; " "' the Pensions Act' means the Social Security Pensions Act 1975;" "' requisite benefits' has the meaning given in section 26 of the Pensions Act; " "' state scheme premium' means a state scheme premium under Part III of the Pensions Act or under any corresponding provision in force in Northern Ireland ;

32In Schedule 16 to that Act—

(a)in paragraph 4(2) and (3) for the words " minimum benefits for recognition purposes ", " minimum personal pension " and "minimum benefits" there shall be substituted the words

requisite benefits;

(b)in paragraph 7(1)(b) for the words " recognised pensionable employment" there shall be substituted the words

contracted-out employment;

(c)in paragraph 9(2)(a) for the word "recognised" there shall be substituted the words

contracted-out;

(d)in paragraph 23 for the words " recognised pensionable employment" there shall be substituted the words

contracted-out employment.

33In Schedule 17 to that Act, in paragraph 14, after the word "Act" there shall be inserted the words

or under any corresponding provision in force in Northern Ireland.

The Employment and Training Act 1973

34In section 12(2)(a) of the Employment and Training Act 1973 after the words " the Social Security Act 1975 " there shall be inserted the words

, the Social Security Pensions Act 1975.

The National Insurance Act 1974

35In section 6(1) of the National Insurance Act 1974 there shall be added at the end the words

or the Social Security Pensions Act 1975.

The Social Security Act 1975

36In section 4 of the Social Security Act 1975—

(a)in subsection (1) for the words following paragraph (b) there shall be substituted the words

and those limits shall be such amounts as may be specified for that year under section 1 of the Social Security Pensions Act 1975 (in this Act referred to asthe Pensions Act ") " ;

(b)in subsection (6) after the words " subject to regulations under sections 128 to 132 below" there shall be inserted the words

and to section 27 of the Pensions Act.

37In section 12(1)(f) of that Act after the words "payable to a woman by virtue of her husband's contributions" there shall be inserted the words

or payable to a man by virtue of his late wife's contributions.

38In section 13 of that Act—

(a)in subsection (2), after paragraph (b) there shall be inserted " and

(c)of calculating the additional component in the rate of a long-term benefit" ;

(b)at the beginning of subsection (3) there shall be inserted

Subject to section 3 of the Pensions Act.

39In section 14 of that Act—

(a)for subsection (2)(c) there shall be substituted—

(c)the person—

(i)would on that day have been entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but

(ii)has made an election for the purposes of section 30(3) of this Act and has not revoked the election.;

(b)for subsection (6)(a) there shall be substituted—

(a)any increase under section 10(2) of or Schedule 1 to the Pensions Act;.

40In section 15 of that Act—

(a)for subsection (2)(b) there shall be substituted—

(b)the person—

(i)would on that day have been entitled to a Category B retirement pension by virtue of the contributions of his deceased spouse, but

(ii)has made an election for the purposes of section 30(3) of this Act and has not revoked the election.;

(b)in subsection (3) for the words from " at the weekly rate " onwards there shall be substituted the words

at the rate specified in section 14 of the Pensions Act;

(c)for subsection (4)(a) there shall be substituted—

(a)any increase under section 10(2) of or Schedule 1 to the Pensions Act;.

41In section 25(1) of that Act for the words " at the weekly rate specified in relation thereto in Schedule 4, Part I, paragraph 6 " there shall be substituted the words

at the rate specified in section 13 of the Pensions Act.

42In section 26(1) of that Act for the words " at the weekly rate specified in relation thereto in Schedule 4, Part I, paragraph 7" there shall be substituted the words

at the rate specified in section 13 of the Pensions Act.

43In section 28(1) of that Act for the words "at the weekly rate specified in relation thereto in Schedule 4, Part I, paragraph 8" there shall be substituted the words

at the rate specified in section 6 of the Pensions Act.

44In section 29(7) of that Act in paragraph (a)(i) the word " lower " shall be omitted and in paragraphs (a)(ii) and (b) for the words

at the higher rate so specified

there shall be substituted the words

at the rate specified in section 7 of the Pensions Act.

45In section 30(4)(b) of that Act there shall be inserted at the end the words

or Category A with an increase by virtue of that husband's contributions under section 10(2) of the Pensions Act.

46In section 33(3) of that Act after the words " Schedule 4 to this Act" there shall be inserted

or Part II of the Pensions Act

47In section 34(1) of that Act, after paragraph (c), there shall be inserted—

(cc)mobility allowance.

48In section 42(3) of that Act after the words "Category A" there shall be inserted

, B.

49In section 119(4) of that Act, after paragraph (c) there shall be inserted—

(cc)modifying those subsections in relation to payments by way of a mobility allowance in respect of any person, where the benefit was not paid to him but to some other person on his behalf.

50In section 120 of that Act—

(a)in subsection (1) for the words " in respect of contributions " there shall be substituted the words

in respect of Class 2, 3 or 4 contributions;

(b)in subsection (2) for the words "contributions under this Act" there shall be substituted the words

contributions of those Classes;

(c)subsection (5)(a) shall be omitted.

51In section 125(1) of that Act, for paragraph (a) there shall be substituted—

(a)Parts I, IV and V of Schedule 4 to this Act and paragraphs 1 to 3, 4 and 5 of Part III; and.

52In section 135(2) of that Act, after paragraph (c) there shall be inserted—

(cc)a mobility allowance.

53In section 143(1) of that Act, after paragraph (b) there shall be inserted—

(bb)payments to or in respect of persons suffering from physical disability such that they are unable to walk or virtually unable to do so.

54In section 144(2)(c) of that Act after the words " contributions under this Act " there shall be inserted the words

or a state scheme premium under Part III of the Pensions Act.

55In section 145 of that Act—

(a)in subsection (1)(a) after the words " this Act" there shall be inserted the words

or any state scheme premiums under Part III of the Pensions Act;

(b)in subsection (2)(e) after the word " contributions" there shall be inserted the words

or premiums.

56In section 146(1) of that Act after the words " Act to pay " there shall be inserted the words

or any state scheme premium which is payable by him under Part III of the Pensions Act.

57In section 148(1)(b) of that Act after " Revenue) " there shall be inserted the words

or of a state scheme premium.

58In section 150(1) of that Act after the word " contribution " (in both places) there shall be inserted the words

or premium.

59In section 151 of that Act—

(a)in subsection (1) for the words " reserve scheme contributions or premiums under the 1973 Act" there shall be substituted the words

state scheme premiums under Part III of the Pensions Act;

(b)in subsection (3) for the words " reserve scheme contributions or premiums " there shall be substituted the words

state scheme premiums.

60In section 152 of that Act for subsection (8) there shall be substituted—

(8)Sums recovered by the Secretary of State under the provisions mentioned in subsection (4) above, so far as representing state scheme premiums, are to be treated for all purposes of the Pensions Act (including in particular sections 47 and 64(3)) as premiums paid to the Secretary of State under that Act in respect of the persons in respect of whom they were originally payable.

61In Schedule 1 to that Act, in paragraph 6(l)(f) for the words " section 8(3) of this Act" and " reserve scheme contributions or a reserve scheme premium " there shall be substituted respectively the words

section 5 of the Pensions Actand " a state scheme premium ".

62In Part I of Schedule 4 to that Act, for paragraph 9 there shall be substituted—

" 9. Category B retirement pension where section 29(7)(a)(i) applies.£6.90 "

63In Part V of Schedule 4 to that Act, in paragraph 13 for the words " the weekly rate for the time being of a widow's pension as specified in Part I of this Schedule, paragraph 7" there shall be substituted the words

the sum specified in section 6(1)(a) of the Pensions Act.

64In Schedule 20 to that Act the following definitions shall be inserted at the appropriate points—

" ' Long-term benefit'A Category A or Category B retirement pension, a widowed mother's allowance, a widow's pension or an invalidity pension."
"' The Pensions Act'The Social Security Pensions Act 1975."
" ' Qualifying earnings factor'An earnings factor equal to the lower earnings limit for the tax year in question multiplied by 52.",

and in the second column of that Schedule in the definition of " Week ", after " 45(3) " there shall be inserted

of this Act and section 35(6) of the Pensions Act.

The Social Security (Consequential Provisions) Act 1975

65In Schedule 3 to the Social Security (Consequential Provisions) Act 1975, in paragraph 9(1)(b) for the words " those schemes and provisions " there shall be substituted the words

that scheme.

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