Social Security Act 1979

Miscellaneous

13 Maternity grant and death grant

The Secretary of State shall in the tax year 1978-79 and each subsequent tax year review the sums specified in Part II of Schedule 4 to the principal Act for the purpose of determining whether those sums have retained their value in relation to the general level of earnings or prices obtaining in Great Britain.

14 Adjustment of secondary Class 1 contributions for exceptions to redundancy provisions

(1) The following subsection is inserted at the end of section 4 of the principal Act—

“(7) Regulations may provide for reducing secondary Class 1 contributions which are payable in respect of persons to whom section 81 (redundancy payments) of the Employment Protection (Consolidation) Act 1978 does not apply by virtue of section 144(2), 145 or 149 of that Act.”

(2) In section 134 of the principal Act (destination of contributions) the following words are inserted at the end of subsection (6) (power to modify section) " and in relation to any contributions which are reduced under section 4(7) of this Act ".

15 Overlap with benefits under legislation of other member States

(1) The following subsections are inserted at the end of section 85 of the principal Act (overlapping benefits)—

“(4) Regulations may provide for adjusting benefit payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

(5) Subsection (4) above applies to any benefit payable under the legislation of any member State other than the United Kingdom which is payable to or in respect of—

(a) the person referred to in that subsection ;

(b) that person's wife or husband ;

(c) any child or adult dependant of that person ; or

(d) the wife or husband of any adult dependant of that person.”.

(2) In Part II of Schedule 15 to the principal Act (regulations not requiring prior submission to National Insurance Advisory Committee) the following paragraph is inserted after paragraph 12—

“12A Regulations under section 85(4) of this Act (overlap with benefits under legislation of other member States).”.

(3) The following section is inserted in the [1975 c. 61.] Child Benefit Act 1975 after section 4—

“4A Overlap with benefits under legislation of other member States.

Regulations may provide for adjusting child benefit payable in respect of any child in respect of whom any benefit is payable under the legislation of any member State other than the United Kingdom.”.

16 Criminal proceedings

For the purposes of the [1965 c. 20.] Criminal Evidence Act 1965 as it applies in relation to proceedings for any offence which is connected with—

(a) the obtaining or receipt of any benefit under the [1970 c. 55.] Family Income Supplements Act 1970, the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975, the Child Benefit Act 1975, the principal Act or the Act of 1976 ; or

(b) the failure to pay any Class 1 or Class 2 contribution (within the meaning of Part I of the principal Act),

" business " shall include the activities of the Secretary of State.

17 Reference of regulations to National Insurance Advisory Committee

Section 139(1) of the principal Act (reference of proposed regulations to the National Insurance Advisory Committee) shall not apply in relation to regulations—

(a) made under section 119 of the principal Act (effect of adjudication on payment and recovery) by virtue of paragraph 9 of Schedule 3 to this Act;

(b) made by virtue of section 14 of this Act; or

(c) made under paragraph 4(a) of Schedule 1 to the principal Act (calculation and adjustment of amounts) in relation to contributions reduced under section 4(7) of that Act;

and made within 6 months of the passing of this Act.

18 Treatment of insignificant amounts

The following section is inserted in the Pensions Act after section 60:—

“60A Treatment of insignificant amounts.

Where an amount is required to be calculated in accordance with the provisions of sections 6(3), 35(4) and (6) and 36(3) of, and paragraphs 2(3) and 4A of Schedule I to, this Act and, apart from his section, the amount so calculated is less than 2p, then, notwithstanding any other provision of this Act, that amount shall be taken to be zero, and other amounts so calculated shall be rounded to the nearest whole penny, taking ½ p as nearest to the next whole penny above”.

19 Enactment of same provisions for Northern Ireland

An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it operates only so far as to make for Northern Ireland provision corresponding to provisions contained in this Act—

(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but

(b) shall be subject to annulment by resolution of either House.

20 Financial provisions

(1) There shall be paid out of money provided by Parliament any increase attributable to any of the provisions of this Act in sums so payable under any other Act.

(2) Section 60(1) of the [1978 c. 51.] Scotland Act 1978 (modification of enactments authorising payments out of money provided by Parliament etc.) shall have effect as if subsection (1) above were contained in an Act passed before that Act.

(3) As respects any increase attributable to this Act in the expenses which under subsection (3)(a) of section 135 of the principal Act are to be paid out of money provided by Parliament, subsection (1) above is without prejudice to the provision made by subsection (5) of that section for reimbursement out of the National Insurance Fund.

21 Short title, etc.

(1) This Act may be cited as the Social Security Act 1979, and this Act, the principal Act, the Pensions Act and the Act of 1977 may be cited together as the Social Security Acts 1975 to 1979.

(2) Section 3(3) of this Act shall not come into force in relation to women who on the passing of this Act have attained the age of 60 but not the age of 65 until such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be so appointed in relation to women of different ages.

An order under this subsection shall be laid before Parliament after being made.

(3) Sections 11 and 12 of, and paragraphs 2 to 22 of Schedule 1 and paragraphs 5, 6, 7, 11, 14 to 20, 22, 23, and 29(a) and (b) of Schedule 3 to, this Act shall not come into force until 6th April 1979.

(4) The Acts and instruments mentioned in Schedule 3 to this Act shall have effect subject to the minor and consequential amendments specified in that Schedule.

(5) Sections 9(2) and 19 of, and paragraphs 3 and 12 of Schedule 3 to, this Act, and this section so far as it applies for the purposes of those provisions, extend to Northern Ireland but the other provisions of this Act do not.