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Social Security and Housing Benefits Act 1982

Status:

This is the original version (as it was originally enacted).

Schedules

Schedule 1Circumstances in which Periods of Entitlement do not Arise

1A period of entitlement does not arise in relation to a particular period of incapacity for work in any of the circumstances set out in paragraph 2 below or in such other circumstances as may be prescribed.

2The circumstances are that—

(a)at the relevant date the employee is over pensionable age ;

(b)the employee's contract of service was entered into for a specified period of not more than three months ;

(c)at the relevant date the employee's normal weekly earnings are less than the lower earnings limit then in force under section 4(1)(a) of the principal Act;

(d)the employee had—

(i)in the period of 57 days ending immediately before the relevant date, at least one day which formed part of a period of interruption of employment; and

(ii)at any time during that period of interruption of employment, an invalidity pension day (whether or not the day referred to in sub-paragraph (i) above) ;

(e)in the period of 57 days ending immediately before the relevant date the employee had at least one day on which—

(i)he was entitled to sickness benefit (or on which he would have been so entitled if he had satisfied the contribution conditions for sickness benefit mentioned in section 14(2)(a) of the principal Act); or

(ii)she was entitled to a maternity allowance ;

(f)the employee has done no work for his employer under his contract of service;

(g)on the relevant date there is, within the meaning of section 19 of the principal Act, a stoppage of work due to a trade dispute at the employee's place of employment;

(h)before the relevant date the employee has reached his maximum entitlement to statutory sick pay as against the employer concerned, in the tax year in question ; and

(i)the employee is, or has been, pregnant and the relevant date falls within the disqualifying period (within the meaning of section 3(9) of this Act).

3In this Schedule " relevant date " means the date on which a period of entitlement would begin in accordance with section 3 of this Act if this Schedule did not prevent it arising.

4(1)Paragraph 2(b) above does not apply in any case where—

(a)at the relevant date the contract of service has become a contract for a period exceeding three months ; or

(b)the contract of service (the "current contract") was preceded by a contract of service entered into by the employee with the same employer (the " previous contract") and—

(i)the interval between the date on which the previous contract ceased to have effect and that on which the current contract came into force was not more than eight weeks ; and

(ii)the aggregate of the period for which the previous contract had effect and the period specified in the current contract (or, where that period has been extended, the specified period as so extended) exceeds thirteen weeks.

(2)For the purposes of sub-paragraph (1)(b)(ii) above, in any case where the employee entered into more than one contract of service with the same employer before the current contract, any of those contracts which came into effect not more than eight weeks after the date on which an earlier one of them ceased to have effect shall be treated as one with the earlier contract.

5(1)In paragraph 2(d) above " invalidity pension day " means a day—

(a)for which the employee in question was entitled to an invalidity pension or a non-contributory invalidity pension ; or

(b)for which he was not so entitled but which was the last day of the invalidity pension qualifying period.

(2)In sub-paragraph (1)(b) above the " invalidity pension qualifying period " means the period mentioned in section 15(1) of the principal Act or, as the case may be, section 15(2) or 16(2) of the Social Security Pensions Act 1975 as falling within the period of interruption of employment referred to in that section.

6For the purposes of paragraph 2(f) above, if an employee enters into a contract of service which is to take effect not more than eight weeks after the date on which a previous contract of service entered into by him with the same employer ceased to have effect, the two contracts shall be treated as one.

7Paragraph 2(g) above does not apply in the case of an employee who proves that at no time on or before the relevant date did he participate in, or have a direct interest in, the trade dispute in question.

8Paragraph 2(f) above does not apply in relation to an employee who has been pregnant if her pregnancy terminated, before the beginning of the disqualifying period, otherwise than by confinement (within the meaning of section 3(9) of this Act).

Schedule 2Relationship With Benefits and Other Payments, Etc

The general principle

1Any day which—

(a)is a day of incapacity for work in relation to any contract of service; and

(b)falls within a period of entitlement (whether or not it is also a qualifying day); shall not be treated, for the purposes of the principal Act or the Social Security Pensions Act 1975, as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

Contractual remuneration

2(1)Subject to sub-paragraphs (2) and (3) below, any entitlement to statutory sick pay shall not affect any right of an employee in relation to remuneration under any contract of service (" contractual remuneration ").

(2)Subject to sub-paragraph (3) below—

(a)any contractual remuneration paid to an employee by an employer of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay statutory sick pay to that employee in respect of that day; and

(b)any statutory sick pay paid by an employer to an employee of his in respect of a day of incapacity for work shall go towards discharging any liability of that employer to pay contractual remuneration to that employee in respect of that day.

(3)Regulations may make provision as to payments which are, and those which are not, to be treated as contractual remuneration for the purposes of sub-paragraph (1) or (2) above.

Sickness and unemployment benefit

3(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end ; and

(b)the first day immediately following the day on which the period of entitlement came to an end—

(i)is a day of incapacity for work in relation to that employee ; and

(ii)is not prevented by paragraph 1 above from being treated as a day of incapacity for work for the purposes of determining whether a period is a period of interruption of employment.

(2)In a case to which this paragraph applies, the day of incapacity for work mentioned in sub-paragraph (1)(b) above shall, except in prescribed cases, be or as the case may be form part of a period of interruption of employment notwithstanding section 17(1)(d)(ii) of the principal Act (which requires a period of interruption of employment to consist of four or more consecutive days of incapacity for work).

(3)Where each of the first two consecutive days, or the first three consecutive days, following the day on which the period of entitlement came to an end is a day falling within sub-paragraphs (i) and (ii) of sub-paragraph (1)(b) above, sub-paragraph (2) above shall have effect in relation to the second day or, as the case may be, the second and third days, as it has effect in relation to the first day.

(4)Any day which is, by virtue of section 17(1)(e) of the principal Act, to be disregarded in computing any period of consecutive days for the purposes of that Act shall be disregarded in determining, for the purposes of this paragraph, whether a day is the first day following the end of a period of entitlement or, as the case may be, the second or third consecutive such day.

4(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his comes to an end ; and

(b)that employee has a day of incapacity for work which—

(i)is, or forms part of, a period of interruption of employment; and

(ii)falls within the period of 57 days immediately following the day on which the period of entitlement came to an end.

(2)In a case to which this paragraph applies, section 14(3) of the principal Act (which provides for no entitlement to unemployment or sickness benefit for the first three days of any period of interruption of employment) shall not apply in relation to a day of incapacity for work of a kind mentioned in sub-paragraph (1)(b) above or to any later day in the period of interruption of employment concerned.

Invalidity pension

5(1)This paragraph applies in any case where—

(a)a period of entitlement as between an employee and an employer of his (the " first period ") comes to an end ;

(b)the first period, or another period of entitlement as between the employee and an employer of his which came to an end while the first period was rurining, came to an end by virtue of section 3(2)(b) of this Act; and

(c)the employee has a day of incapacity for work which—

(i)is, or forms part of, a period of interruption of employment; and

(ii)falls within the period of 57 days immediately following the day on which the first period came to an end.

(2)In a case to which this paragraph applies, sections 15(1) of the principal Act (entitlement to invalidity pension) and 15(2) and 16(2) of the Social Security Pensions Act 1975 (entitlement to invalidity pension for, respectively, widow and widower) shall have effect, in relation to the period of interruption of employment mentioned in sub-paragraph (1)(c)(i) above, as if for the references to 168 days there were substituted references to 120 days.

Unemployability supplement

6Paragraph 1 above does not apply in relation to section 59 of the principal Act (increases in unemployability supplement) and accordingly the references in that section to a period of interruption of employment shall be construed as if this Part had not been enacted.

Supplementary benefit

7(1)This paragraph applies in any case where—

(a)for any period an amount has been paid by way of supplementary benefit to or in respect of an employee ; and

(b)it appears to the Secretary of State that the whole, or some part, of that amount might not have been so paid if an employer who was liable to make to that employee one or more payments of statutory sick pay had made that payment or, as the case may be, those payments.

(2)In this paragraph and in paragraphs 8 and 9 below " sickness payment" means—

(a)any payment by way of statutory sick pay ; and

(b)any payment, of a prescribed kind, made to an employee in respect of his incapacity for work.

(3)In any case to which this paragraph applies, the Secretary of State may serve on the employer concerned, in a prescribed form and manner, a notice—

(a)informing him that an amount has been paid by way of supplementary benefit to or in respect of the employee and of the period for which the payment was made ;

(b)requiring him to inform the Secretary of State in writing,

within such period as may be specified in the notice—

(i)whether or not he is, or has at any time been, liable to make any sickness payment to the employee in respect of any day specified in the notice ;

(ii)of the amount of any such liability in respect of statutory sick pay ;

(iii)of the amount of any such liability in respect of any other sickness payment; and

(iv)if any such liability has been discharged in whole or in part, of the extent to which it has been, and the date on which it was, discharged ; and

(c)requiring him to comply with sub-paragraph (4) below if he has been liable as mentioned in paragraph (b)(i) above, in respect of statutory sick pay, and at the time when he receives the notice—

(i)that liability ; or

(ii)if he has also been so liable in respect of any other sickness payment, his liability for that other sickness payment ;

has not been wholly discharged.

(4)Where an employer is required to comply with this sub-paragraph he shall—

(a)calculate, in accordance with regulations, the net payment for the purposes of paragraph 8 below ;

(b)inform the Secretary of State, in writing and before the expiry of the period mentioned in sub-paragraph (3)(b) above, of the amount of the net payment, as calculated by him ; and

(c)withhold, until such time as it is determined whether or not the employer is to be required to make a payment to the Secretary of State under paragraph 8(2) below, so much of the sickness payment, or part, in question as is equal to the net payment.

(5)In any case where an employer who is required by sub-paragraph (4) above to calculate the net payment to be made in his case—

(a)fails to inform the Secretary of State as required by sub paragraph (4)(b) above ; or

(b)in the opinion of the Secretary of State, has in purporting to calculate that payment failed to do so in accordance with the relevant regulations ;

the Secretary of State may make the calculation for him ; and this and the following paragraph shall have effect as if a calculation made by the Secretary of State under this sub-paragraph had been duly made by the employer concerned.

8(1)This paragraph applies in any case where—

(a)a notice has been served on an employer under paragraph 7(3) above and the employer has been required to comply with paragraph 7(4) above ; and

(b)a benefit officer appointed under section 27 of the Supplementary Benefits Act 1976 determines that the whole, or a specified part, of the amount paid by way of supplementary benefit would not have been paid if the employer had paid to the employee concerned, on or before a date determined in accordance with regulations, an amount equal to the net payment, or the aggregate of the net payments, attributable to the sickness payment or payments in question.

(2)In a case to which this paragraph applies, the employer concerned shall, if the Secretary of State so requires, pay to the Secretary of State, within the prescribed period, whichever is the lesser of the following—

(a)the amount determined in accordance with sub-paragraph (1)(a) above ;

(b)an amount equal to the net payment, or the aggregate of the net payments, required to be withheld by virtue of paragraph 7(4)(c) above.

(3)Any sum paid to the Secretary of State under this paragraph shall be paid by him into the Consolidated Fund.

(4)For the purposes of regulations made under section 14(2)(d) (provision for review of determinations) of the Act of 1976 a determination by a benefit officer made for the purposes of this paragraph shall be treated as if it had been made under that Act; and

for the purposes of section 15 of that Act (right of appeal) the employee shall be treated as a person to whom section 15 gives a right of appeal against the determination (including a determination to refuse to review a determination).

9(1)Regulations shall provide—

(a)for the extent to which, and purposes for which, an employer who has made a payment to the Secretary of State under paragraph 8 above is to be treated as having discharged his liability to make the sickness payment or payments to which the payment under paragraph 8 is attributable ; and

(b)for an amount, calculated in accordance with the regulations, to be treated in a case to which sub-paragraph (2) below applies and for prescribed purposes as having been paid to the employee concerned as remuneration derived from an employed earner's employment.

(2)This sub-paragraph applies to any case (other than one of a prescribed class) where an employer is required by virtue of paragraph 7(4)(c) above to withhold the whole or any part of a sickness payment.

(3)Regulations made by virtue of sub-paragraph (1)(b) above may make provision for determining the date on which any payment treated as mentioned in that sub-paragraph is to be taken as having been made.

10Nothing in paragraphs 7 to 9 above shall be taken to prejudice the right of the Secretary of State, under any other enactment, to recover the amount of any supplementary benefit from any person.

Benefit paid when statutory sick pay due

11(1)This paragraph applies in any case where—

(a)in respect of any period, an amount has been paid to a person by way of benefit;

(b)as a result of any appeal heard, or review conducted, under any enactment it has been determined that the recipient of the benefit was not entitled to it; and

(c)the recipient was entitled, in respect of that period, to payment by an employer of his of an amount of statutory sick pay.

(2)In any case to which this paragraph applies, the Secretary of State may serve on the employer concerned, in a prescribed form and manner, a notice—

(a)informing him that an amount has been paid to the recipient by way of benefit and of the period in respect of which the payment was made;

(b)requiring him to inform the Secretary of State in writing within such period as may be specified in the notice—

(i)of the amount of any statutory sick pay which he was liable to pay to the employee in respect of the period mentioned in sub-paragraph (1)(c) above ;

(ii)of the amount of any other sickness payment for which he was so liable ; and

(iii)if any such liability has been discharged in whole or in part, of the extent to which it has been, and the date on which it was, discharged ; and

(c)requiring him to comply with sub-paragraph (3) below if, at the time when he receives the notice, any liability of his falling within paragraph (b)(i) or (ii) above has not been wholly discharged.

(3)Where an employer is required to comply with this sub-paragraph he shall—

(a)calculate, in accordance with regulations, the net payment for the purposes of sub-paragraph (5) below ;

(b)inform the Secretary of State, in writing and before the expiry of the period mentioned in sub-paragraph (2)(b) above, of the amount of the net payment, as calculated by him; and

(c)withhold, pending a decision by the Secretary of State as to whether to require payment under sub-paragraph (5) below, so much of the sickness payment, or part, in question as is equal to the net payment.

(4)In any case where an employer who is required by sub-paragraph (3) above to calculate the net payment to be made in his case—

(a)fails to inform the Secretary of State as required by sub paragraph (3)(b) above ; or

(b)in the opinion of the Secretary of State, has in purporting to calculate that payment failed to do so in accordance with the relevant regulations ;

the Secretary of State may make the calculation for him ; and this paragraph shall have effect as if a calculation made by the Secretary of State under this sub-paragraph had been duly made by the employer concerned.

(5)Where the Secretary of State has served a notice under sub-paragraph (2) above, and the employer concerned has been required to comply with sub-paragraph (3) above, that employer shall, if the Secretary of State so requires, pay to the Secretary of State within the prescribed period whichever is the lesser of the following—

(a)the amount mentioned in sub-paragraph (2)(a) above ;

(b)an amount equal to the net payment, or the aggregate of the net payments, required to be withheld by virtue of sub-paragraph (3)(c) above.

(6)In this paragraph " sickness payment" has the same meaning as in paragraph 7 above.

(7)Regulations shall provide—

(a)for the extent to which, and purposes for which, an employer who has made a payment to the Secretary of State under this paragraph is to be treated as having discharged his liability to make the sickness payment or payments to which the payment under this paragraph is attributable ; and

(b)for an amount, calculated in accordance with the regulations, to be treated in a case to which sub-paragraph (8) below applies and for prescribed purposes as having been paid to the employee concerned as remuneration derived from an employed earner's employment.

(8)This sub-paragraph applies to any case (other than one of a prescribed class) where an employer is required by virtue of sub-paragraph (3)(c) above to withhold the whole or any part of a sickness payment.

(9)Regulations made by virtue of sub-paragraph (7)(b) above may make provision for determining the date on which any payment treated as mentioned in that sub-paragraph is to be taken as having been made.

(10)Subject to regulations made under sub-paragraph (11) below, nothing in this paragraph shall be taken to prejudice the right of the Secretary of State, under any enactment, to recover any amount paid to a person by way of benefit.

(11)Regulations may provide for the modification of section 119 of the principal Act (effect of adjudication on payment and recovery of benefit) in relation to any case to which this paragraph applies ; and any such regulations may, in .particular—

(a)make provision pending a determination whether or not a case is one to which this paragraph applies ; and

(b)provide for section 119 to have effect as if subsection (2) (no recovery of benefit where no lack of due care and diligence) were omitted.

(12)Any sum paid to the Secretary of State under this paragraph shall be paid by him into the National Insurance Fund.

Employment Protection (Consolidation) Act 1978 (c. 44)

12In section 121 of the Employment Protection (Consolidation) Act 1978 (priority of certain debts on insolvency) the following paragraph is inserted at the end of subsection (2)—

(e)statutory sick pay, payable under Part I of the Social Security and Housing Benefits Act 1982..

13In paragraphs 2(2) and 3(3) of Schedule 3 to the Act of 1978 (sick pay etc. treated as discharging employer's liability towards employee in period of notice terminating contract of employment), in each case, after the words "sick pay" there are inserted the words

statutory sick pay.

Schedule 3Determination of Questions : Procedure

1The following are the kinds of provision referred to in section 15(5) of this Act.

2Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.

3Provision as to the time to be allowed for producing any evidence.

4Provision for summoning persons to attend to give evidence or produce documents and for authorising the administration of oaths to witnesses.

5Provision for the award of costs or expenses.

6Provision for authorising a local tribunal consisting of two or more members to proceed with any case, with the consent of the prescribed person, in the absence of any member.

7Provision for giving the chairman or acting chairman of a local tribunal consisting of two or more members a second or casting vote where the number of members present is an even number.

8Provision for empowering the Secretary of State, an insurance officer, a local tribunal or a Commissioner to refer to a medical practitioner for examination and report any question arising for his or their decision.

9Provision that in such cases as may be prescribed, one or more medical practitioners shall sit with a local tribunal or Commissioner either as additional members or as assessors.

10Provision for the appointment by the Secretary of State of medical practitioners to act for the purposes of this Part of this Act either generally or for such cases and for such adjudicators as the Secretary of State may determine. In this paragraph " adjudicators " means insurance officers, local tribunals, Commissioners and the Secretary of State.

11Provision for extending and defining the functions of assessors for the purposes of this Part of this Act.

12Provision for withholding from a person the particulars of any medical advice or medical evidence given or submitted in connection with the determination of any question if, in the opinion of the prescribed authority (being the person or tribunal, or the chairman of the tribunal, by whom that determination falls to be made), disclosure of those particulars to that person would be undesirable in his interests.

Schedule 4Amendments and Transitional Provisions

Part IMinor and Consequential Amendments

National Assistance Act 1948 (c. 29)

1In section 44 of the National Assistance Act 1948 (affiliation orders)—

(a)in subsection (4) for the words "the mother or a person appointed to have the custody of the child" there are substituted the words

a person entitled thereunder; and

(b)in subsection (6) for the words from " the mother or a person " to the end there are substituted the words

a person entitled as mentioned in subsection (4) above.

Maintenance Orders Act 1950 (c. 37)

2In section 16(2)(b)(viii) of the Maintenance Orders Act 1950 (orders to which enforcement provisions of Part II apply) for the words " section I9(8)(b)" there are substituted the words

section 18 or 19(8).

Industrial Training Act 1964 (c. 16)

3Section 10 of the Industrial Training Act 1964 (accidents in connection with training), as it applies otherwise than in relation to the Agricultural Training Board, shall have effect as if after the word " board " in subsection (1) and in each place where it occurs in subsection (3) there were inserted the words

the Commission or the Minister.

Family Income Supplements Act 1970 (c. 55)

4(1)Section 10 of the Family Income Supplements Act 1970 (regulation-making powers) is amended as follows.

(2)After paragraph (f), in subsection (2), there is inserted the following paragraph— ((f) as respects matters arising in connection with the making of interim payments (including provision for the recovery of such payments in whole or in part);

(3)After subsection (5) there are inserted the following subsections—

(6)Where any amount is recoverable under regulations made by virtue of subsection (2)07) above it may, without prejudice to any other method of recovery, be recovered by deduction from any family income supplement or from any benefit under the Social Security Act 1975 or the Child Benefit Act 1975.

(7)In subsection (2)(*0 above " interim payments " means payments made—

(a)otherwise than in accordance with this Act, under arrangements made by the Secretary of State with the consent of the Treasury ; and

(b)pending the determination, whether in the first instance or on an appeal or reference and whether originally or on review, of any claim to family income supplement..

Housing (Financial Provisions) (Scotland) Act 1972 (c. 46)

5— (1) In section 24(1)(a) of the Housing (Financial Provisions) (Scotland) Act 1972 (amount to be carried to credit of rent rebate account) for the words "under section 5 of this Act" there are substituted the words

under section 32 of the Social Security and Housing Benefits Act 1982.

(2)In section 25(1)(a) of that Act (amount to be carried to credit of rent allowance account) for the words "under section 6 of this Act" there are substituted the words

under section 32 of the Social Security and Housing Benefits Act 1982.

Housing Finance Act 1972 (c. 47)

6(1) In paragraph (1) (a) of schedule 1 to the housing finance Act 1972 (the Housing Revenue Account) the words "or water rates or charges " are hereby repealed.

(2)For paragraph 1(1)(c) of that Schedule there is substituted the following—

(c)any of the following subsidies payable to the local authority for that year, namely—

(i)housing subsidy under the Housing Rents and Subsidies Act 1975 ;

(ii)expanding towns subsidy under that Act; and

(iii)rent rebate subsidy under the Social Security and Housing Benefits Act 1982 to the extent that it is calculated by reference to Housing Revenue Account rebates (within the meaning of Part II of that Act) and the cost of administering such rebates..

(3)In paragraph 3(2) of that Schedule after the words "other than " there are inserted the words

water rates or charges or.

(4)In paragraph 6(a) of that Schedule, for the words " under section 3 of the Housing Rents and Subsidies Act 1975 " there are substituted the words

under section 32 of the Social Security and Housing Benefits Act 1982.

National Insurance Act 1974 (c. 14)

7In section 6(1) of the National Insurance Act 1974 (power to make regulations providing, amongst other things, for the correction of accidental errors in decisions or records of decisions under relevant enactments) there are added, at the end, the words

or the Social Security and Housing Benefits Act 1982.

Social Security Act 1975 (c. 14)

8In section 3 of the principal Act (meaning of " earnings ") there is inserted, at the end, the following subsection—

(4)For the purposes of this section, regulations may make provision for treating as remuneration derived from an employed earner's employment any payment made by a body corporate to or for the benefit of any of its directors where that payment would, when made, not be earnings for the purposes of this Act..

9In section 14 of the principal Act (unemployment and sickness benefit), in subsection (4), after the words " subsection (2)(a) above " there are inserted the words

(including a person entitled by virtue of that subsection and section 50A of this Act).

10In section 15 of the principal Act (invalidity pension) the following subsection is inserted at the end—

(6)Regulations may make provision in relation to entitlement to invalidity pension—

(a)corresponding to that made by or under section 50A of this Act in relation to sickness benefit for persons who have attained pensionable age but have not retired from regular employment;

(b)restricting entitlement to invalidity pension in cases where in respect of one or more of the 168 days mentioned in subsection (1) above the person claiming invalidity pension (whether or not he has attained pensionable age) would not have been entitled to sickness benefit but for the provisions of section 50A(1) of this Act..

11For subsection (2) of section 48 of the principal Act (priority of reductions under earnings rules) there are substituted the following subsections—

(2)Sections 45 and 46 above, as they relate to the amount of the increase of a Category A retirement pension, have effect subject to section 30(1) above (earnings rule).

(3)In any case where a reduction in the amount of a Category A retirement pension falls to be made under section 30(1), then—

(a)if a reduction in an increase in that pension under section 45 or 46 above falls to be made under section 45(3) or, as the case may be, under regulations made under section 46(4), the reduction under section 30(1) shall be made first;

(b)the reduction under section 30(1) shall be made, so far as is necessary—

(i)initially against so much of the pension (other than any increase falling within sub-paragraph (ii) or (iii) below) as is subject to section 30(1);

(ii)then against any increase in the pension under section 45 or, as the case may be, 46 ; and

(iii)finally against any increase in the pension under section 41 above..

12(1)Section 50 of the principal Act (descriptions of industrial injuries benefits) is amended as follows.

(2)For subsection (4) there is substituted the following subsection—

(4)Regulations may make provision as to the day which, in the case of night workers and other special cases, is to be treated for the purposes of industrial injuries benefit as the day of the accident..

(3)The following subsection is inserted at the end—

(6)In this Chapter ' work', in the contexts ' incapable of work' and ' incapacity for work', means work which the person in question can reasonably be expected to do..

13In section 60(1) of the principal Act (increase of disablement pension for special hardship) for the words " injury benefit period " there are substituted the words

period of ninety days referred to in section 57(4) of this Act.

14(1)Section 79 of the principal Act is amended as follows.

(2)In subsection (3)(a) (regulations about claims for benefits) for the words "non-contributory invalidity pension or injury benefit" there are substituted the words

or non-contributory invalidity pension.

(3)In subsection (3)(b) (award of benefit in respect of period after date of claim) for the words " 13 weeks " there are substituted the words

26 weeks.

15In section 91(1)(b)(i) of the principal Act (regulations as to adjusting injury benefit in certain circumstances) for the word " either " there are substituted the words

that benefit.

16In section 141 of the principal Act (Industrial Injuries Advisory Council) the following subsection is inserted at the end—

(4)The Council may also give advice to the Secretary of State on any other matter relating to industrial injuries benefit or its administration.

17In paragraph 4 of Schedule 8 to the principal Act (period to be taken into account in assessing extent of disablement for purposes of industrial injuries benefit) for the words " injury benefit period " there are substituted the words

period of ninety days referred to in section 57(4) of this Act.

Industrial Injuries and Diseases (Old Cases) Act 1975 (c. 16)

18(1)Section 7 of the Industrial Injuries and Diseases (Old Cases) Act 1975 (nature and amount of benefit under industrial diseases benefit schemes) is amended as follows.

(2)In subsection (3), in paragraph (a), for the words " 55 " and " 55 and 56" there are substituted respectively

58and " 58 and 59 " ; and that paragraph shall have effect as if it had been enacted as so amended.

(3)In subsection (3), for paragraphs (c) and (d) there are substituted the following paragraphs—

(c)where the person is entitled to child benefit in respect of a child or children, by an amount equal to any increase which would be payable under section 41 of that Act in respect of that child or those children if he were entitled to sickness benefit;

(d)where the person is treated under the provisions of the scheme as residing with his wife or contributing at a weekly rate of not less than the relevant amount towards her maintenance, by the relevant amount (that is to say an amount equal to any increase which would be payable under section 44 of that Act in respect of her if he were entitled to sickness benefit)..

(4)For subsection (4) there is substituted the following subsection—

(4)Where under this section an allowance comprises such an increase as is mentioned in paragraph (a) of subsection (3) above, that subsection shall have effect as if for paragraphs (c) and (d) there were substituted the following paragraph?—

' (c) where the person is entitled to child benefit in respect of a child or children, by an amount equal to any increase which would be payable under section 64 of that Act in respect of that child or those children if he were entitled to disablement pension plus unemployability supplement;

(d)where the person is treated under the provisions of the scheme as residing with his wife or contributing at a weekly rate of not less than the relevant amount towards her maintenance, by the relevant amount (that is to say an amount equal to any increase which would be payable under section 66 of that Act in respect of her if he were entitled to disablement pension plus unemployability supplement).'..

Local Government (Scotland) Act 1975 (c. 30)

19In section 8(4) of the Local Government (Scotland) Act 1975 (payment of rates by instalments) for the words from " the standard " to " that Act " there are substituted the words

section 28(1)(a) of the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act).

Social Security Pensions Act 1975 (c. 60)

20In section 32 of the Social Security Pensions Act 1975 (contracted-out schemes) the following subsection is added at the end—

(7)An occupational pension scheme which—

(a)at any time before the coming into operation of the first regulations made under paragraph (a) of subsection (2) above did not satisfy that paragraph ; but

(b)would have satisfied it if those regulations had then been in operation ;

shall, for the purpose of determining whether the scheme satisfied that paragraph, be treated as if those regulations had been in operation at that time.

21In section 61(2) of the Act of 1975 (duty of Secretary of State to refer proposed regulations to the Occupational Pensions Board) after the words "other than" there are inserted the words

regulations under section 51A(10) above.

Supplementary Benefits Act 1976 (c. 71)

22In section 12 of the Supplementary Benefits Act 1976 (prevention of duplication of payments)—

(a)subsection (3) is hereby repealed ; and

(b)in subsection (5) for the words " subsection (1), (2) or (3)" there are substituted the words

subsection (1) or (2).

23(1)Section 14 of the Act of 1976 (administration of supplementary benefit) is amended as follows.

(2)After paragraph (d), in subsection (2), there is inserted the following paragraph—

(dd)as respects matters arising in connection with the making of interim payments (including provision for the recovery of such payments in whole or in part);.

(3)After subsection (2) there are inserted the following subsections—

(2A)Where any amount is recoverable under regulations made by virtue of subsection (2)(dd) above, it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(2B)In subsection (2)(dd) above ' interim payments' means payments made—

(a)otherwise than in accordance with this Act, under arrangements made by the Secretary of State with the consent of the Treasury ; and

(b)pending the determination, whether in the first instance or on an appeal or reference and whether originally or on review, of any claim for supplementary benefit..

24In section 15A(4) of the Act of 1976 (powers of Commissioners on hearing appeals from Appeal Tribunals) for paragraph (b) there is substituted—

(b)to refer the case to an Appeal Tribunal, with directions (which may include directions as to the constitution of the tribunal);.

25In section 19 of the Act of 1976 (affiliation orders)—

(a)in subsection (4) for the words "the mother or a person having custody of the child" there are substituted the words

a person entitled under section 5 of the said Act of 1957; and

(b)in subsection (6) for the words from " the mother or a per son " to the end there are substituted the words

a person entitled under section 5 of the said Act of 1957.

26In section 20 of the Act of 1976 (recovery in cases of misrepresentation or non-disclosure), in subsection (5), for the words "subsection (4) " there are substituted the words

subsections (4). (6) and (7).

Rating (Disabled Persons) Act 1978 (c. 40)

27In section 1(6) of the Rating (Disabled Persons) Act 1978 (rebates for hereditaments with special facilities for disabled persons) for the words " section 11 or 12 of the Local Government Act 1974 " there are substituted the words

section 28(1)(a) of the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30(1)(a) of that Act).

28In section 4(9) of the Act of 1978 (rebates for lands and heritages with special facilities for disabled persons) for the words " section 112 of the Local Government (Scotland) Act 1973 (whether or not varied under section 114 of that Act)" there are substituted the words

section 28(1)(a) of the Social Security and Housing Benefits Act 1982 (whether or not modified under section 30((1)(a)) of that Act).

Employment Protection (Consolidation) Act 1978 (c. 44)

29In section 132(4)(b) of the Employment Protection (Consolidation) Act 1978 (which provides that certain provisions of the Supplementary Benefits Act 1976 relating to the recovery of benefit shall not apply to supplementary benefit recouped by virtue of that section) for the words " section 12(1), (2) or (3)" there are substituted the words

section 12(1) or (2).

Social Security Act 1980 (c. 30)

30In section 9 of the Social Security Act 1980 (functions etc. of the Social Security Advisory Committee) in the definition of " relevant enactments " in subsection (7) there are inserted, after the words

Act 1976, the words " and Parts I and II of the Social Security and Housing Benefits Act 1982."

31In section 18(1) of the Act of 1980 (computation of age in Scotland for purposes of certain enactments including the Social Security Acts 1975 to 1979) for the words " 1979 " there are substituted the words

1982.

32(1)Part I of Schedule 3 to the Act of 1980 (constitution etc. of Social Security Advisory Committee) is amended as follows.

(2)In paragraph 1 for the words " not less than 8 nor more than 11 " there are substituted the words

not less than 10 nor more than 13.

(3)In paragraph 2 for the words from the beginning to " but any member— " there is substituted the following—

2(1)Each member of the Committee shall be appointed to hold office for such period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.

(2)The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member's term of office; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire.

(3)Any member—.

33(1)Part II of Schedule 3 to the Act of 1980 (regulations not requiring prior submission to the Committee) is amended as follows.

(2)In paragraph 13(2) after the words " Part III " there are inserted the words

(other than regulations made under section 51A(10) of that Act).

(3)After paragraph 15 there is inserted— Statutory sick pay

15ARegulations under section 9 of the Social Security and Housing Benefits Act 1982 and corresponding regulations applying to Northern Ireland. Housing benefits

15BRegulations under section 28(1) of the Social Security and Housing Benefits Act 1982 of which the effect is to increase any amount specified in regulations previously made..

Social Security (No. 2) Act 1980 (c. 39)

34(1)Section 5 of the Social Security (No. 2) Act 1980 (abatement of unemployment benefit on account of payments of occupational pension) is amended as follows.

(2)The following subsection is inserted after subsection (1)—

(1A)Where a reduction in the rate of unemployment benefit payable to a person falls to be made under this section the reduction shall be made, so far as is necessary—

(a)initially against so much of the benefit as falls to be paid by virtue of subsection (4) or (6) of section 14 of the principal Act (basic rates) or of regulations under section 33 of that Act (1ower rate where contribution conditions partially satisfied);

(b)then against so much of the benefit as falls to be paid by way of earnings-related supplement under subsection (7) of section 14 ;

(c)then against any increase in the benefit payable under section 44 of the principal Act (dependent adults); and

(d)finally against any increase in the benefit payable under section 41 of the principal Act (dependent children)..

(3)In subsection (2)(b) for the words "the preceding subsection " there are substituted the words

subsection (1) above.

Local Government, Planning and Land Act 1980 (c. 65)

35(1)In section 54 of the Local Government, Planning and Land Act 1980 (rate support grant) in subsections (1) and (2) after the words "section 8 of the Local Government Act 1974" there are inserted the words

and subsidies under section 32(1)(a) of the Social Security and Housing Benefits Act 1982.

(2)For paragraph (d) of subsection (5) of that section there is substituted—

(d)to subsection (2) of section 34 of the Social Security and Housing Benefits Act 1982 (power to exclude rate fund contributions under subsection (1) of that section and certain other items);.

(3)In subsection (6) of that section (excluded items) paragraph (c) and the word " and" immediately preceding that paragraph are hereby repealed.

36For section 154 of the said Act of 1980 (grant of rent rebates by urban development corporations) there is substituted the following section—

154(1)If the Secretary of State so provides by order, such of the provisions of Part II of the Social Security and Housing Benefits Act 1982 relating to rent rebates as may be specified in the order shall have effect in relation to an urban development corporation—

(a)as if the corporation were a housing authority ; and

(b)with such other modifications (if any) as may be so specified.

(2)The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Industrial Training Act 1982 (c. 10)

37In section 18 of the Industrial Training Act 1982 (industrial injuries benefit for accidents in training) after the word " board " in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words

, the Commission or the Secretary of State.

Part IITransitionals

38(1)Neither section 141(2) of the principal Act nor section 10(1) of the Social Security Act 1980 (duty of Secretary of State to refer proposals for regulations to Industrial Injuries Advisory Council and Social Security Advisory Committee) shall apply to any regulations contained in a statutory instrument which states that it satisfies the requirements of this paragraph.

(2)A statutory instrument satisfies the requirements of this paragraph if it contains only one or more of the following—

(a)regulations made under or by virtue of any provision of this Act and before the expiry of the period of six months beginning with the commencement of that provision;

(b)regulations made under any enactment in consequence of a provision of this Act, or in consequence of any provision made by virtue of a provision of this Act, and before the expiry of the period of six months beginning with the commencement of the relevant provision of this Act;

(c)regulations proposals for which are not subject to the requirements of section 141(2) or section 10(1).

39Regulations may make provision with respect to the date from which a period of entitlement is to be taken to have begun in any case where, on the date on which section 3 of this Act comes into force, a period of incapacity for work which began before that date has not come to an end.

Schedule 5Repeals

ChapterShort TitleExtent of Repeal
1972 c. 46.The Housing (Financial Provisions) (Scotland) Act 1972.

In section 1(2), the entries relating to rent rebate and rent allowance subsidies.

Section 1(3).

Sections 5, 6 and 11.

Part II.

Schedules 2 and 3.

1972 c. 47.The Housing Finance Act 1972.

In section 1(2), the entry relating to rent allowance subsidy.

Section 17(2).

Part II.

In section 104(1), in the definition of " dwelling" the words " except in Part II of this Act".

In Schedule 1, in paragraph 1(1)(a) the words " or water rates or charges ".

Schedules 3 and 4.

1973 c. 6.The Furnished Lettings (Rent Allowances) Act 1973.The whole Act.
1973 c. 65.The Local Government (Scotland) Act 1973.

Sections 112 to 115.

In Schedule 12, paragraph 23.

1974 c. 7.The Local Government Act 1974.

In section 8, subsections (1) and (4) and, in subsection (3) the words "subsection (1) or".

Sections 11 to 14.

1974 c. 51.The Rent Act 1974.Sections 11 and 12. In Schedule 3, paragraphs 4 to 6.
1975 c. 6.The Housing Rents and Subsidies Act 1975.

In section 1(1) the words from " but without prejudice " to the end.

Section 3.

Section 12.

In section 16(1), the definitions of " rate fund contribution " and "standard amount of rent rebates ".

In Schedule 5, paragraphs 3 to 5 and 8(3).

1975 c. 14.The Social Security Act 1975.

In section 4(2), the words " Subject to section 6 below ". Section 50(2)(a). Section 56.

In section 64(1) and (2), paragraph (a).

In section 65(4) the words " injury benefit or ", " benefit or " and " paragraph 11 or, as the case may be, ".

1975 c. 14. —cont.The Social Security Act 1975.—cont.

In section 66, in subsection (1), the words " of injury benefit, and " and subsection (2)(a).

In section 77(2)(a) the words " injury benefit and ".

Section 78(4)(a).

In section 81(3) the words " injury benefit".

In section 87(3) the words " injury benefit or ".

In section 89(1) the words " injury benefit or ".

In section 90, subsection (1), in subsection (2) the words from " disqualifying ", in the first place, to " provide for ", in the second place, and in subsection (4)(a) the words " subsection (1) above, or those of ".

In section 91(1), in paragraph (a) the words from " either " to " or pensions or " and in paragraph (b) the words " injury benefit or ".

In section 92(2) the words " injury benefit, and ".

In Schedule 4, in Part V, paragraphs 1, 9 and 11.

In Schedule 11, paragraph 2.

1975 c. 28.The Housing Rents and Subsidies (Scotland) Act 1975.In Schedule 3, paragraphs 6 and 8.
1975 c. 60.The Social Security Pensions Act 1975.In Schedule 4, paragraph 22.
1975 c. 61.The Child Benefit Act 1975.In Schedule 4, paragraph 39.
1976 c. 71.The Supplementary Benefits Act 1976.

Section 12(3).

In Schedule 7, paragraphs 26 to 28 and 32.

1976 c. 75.The Development of Rural Wales Act 1976.

Sections 19 and 20.

In section 22 the words " 19 or " and " or of Part II of the Housing Finance Act 1972 (as extended to the Board by section 20 of this Act) ".

In Schedule 5, Part III.

1976 c. 80.The Rent (Agriculture) Act 1976.Section 32. Schedule 7.
1977 c. 42.The Rent Act 1977.In Schedule 23, paragraphs 52 to 54, 56 and 57.
1978 c. 14.The Housing (Financial Provisions) (Scotland) Act 1978.Sections 12 and 13. In Schedule 2, paragraphs 8 to 10 and 34 to 36.
1980 c. 30.The Social Security Act 1980.In Schedule 1, in paragraph 1(1)(b) the words "benefit or" and "paragraph 11, or as the case may be, " and in paragraph 6 the words " of injury benefit and ".
1980 c. 39.The Social Security (No. 2) Act 1980.Section 3(2).
1980 c. 51.The Housing Act 1980.Sections 117 to 119. Schedule 15.
1980 c. 52.The Tenants' Rights, Etc. (Scotland) Act 1980.Sections 78 and 79.
1980 c. 65.The Local Government, Planning and Land Act 1980.

Section 45.

In section 54(6), paragraph (c) and the word " and " immediately preceding that paragraph.

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