Health and Social Security Act 1984

Section 21.

SCHEDULE 7 Miscellaneous Social Security Amendments

Social Security Act 1975 (c.14)

1 In subsection (2) of section 48 of the Social Security Act 1975 (pension increases: supplementary provisions), " 45A " shall be inserted after " 45 ".

2 In Schedule 20 to that Act (glossary of expressions) the following definition shall be inserted after the definition of " The Old Cases Act " —

“" Payments by way of occupational pension "

Has the same meaning as in section 5 of the [1980 c. 39.] Social Security (No. 2) Act 1980.”.

Social Security Pensions Act 1975 (c.60)

3 In section 4(1) of the Social Security Pensions Act 1975 (exemption from liability to pay primary Class 1 contributions on earnings in respect of periods after pensionable age)—

(a) at the beginning there shall be inserted the words " Except as may be prescribed ", and

(b) the words " in respect of any period " shall cease to have effect

4 The following subsection shall be inserted after section 43(2) of that Act—

“(2A) For the purposes of this Act any period of an earner's service in an employment is linked qualifying service in relation to a later period of service (whether in the same or another employment) if—

(a) under the rules of a scheme applying to him in the earlier period of service there was made a transfer of his accrued rights under that scheme to another scheme applying to him in the later period of service ; and

(b) in consequence of that transfer, there are (or were) allowed to him transfer credits under the rules of that other scheme,

except that, for any service to be taken into account as linked qualifying service, it must be actual service and no regard shall be had to any scheme rule which provides for service to be treated for any purposes of benefit or otherwise as longer or shorter than it actually was.”

5 In section 66(1) of that Act (interpretation)—

(a) in the definition of " linked, qualifying service " for " 38(4) " there shall be substituted " 43(2A) "; and

(b) the following definition shall be substituted for the definition of " transfer credits " —

• “" transfer credits" means rights allowed to an earner under the rules of an occupational pension scheme by reference to a transfer to that scheme of his accrued rights from another scheme.”.

Social Security Act 1980 (c.30)

6 In section 9(7) of the Social Security Act 1980 (definition of relevant enactments regulations under which are to be referred to the Social Security Advisory Committee) for the words " the Social Security Acts 1975 to 1979 ", in both places where they occur, there shall be substituted the words " the Social Security Acts 1975 to 1984. ".

Social Security and Housing Benefits Act 1982 (c.24)

7 In section 4(2) of the Social Security and Housing Benefits Act 1982 (qualifying days) for the words " as may be agreed " there shall be substituted the words " as may, subject to regulations, be agreed ".

8 The following section shall be inserted after section 23 of that Act—

“23A Deductions from statutory sick pay.

(1) It is hereby declared for the avoidance of doubt that an agreement between an employer and an employee authorising any deductions from any statutory sick pay which the employer is liable to pay the employee in respect of any period shall not be void by reason only of section 1(2)(a) of this Act if the employer—

(a) is authorised by that or another agreement to make the same deductions from any contractual remuneration which he is liable to pay in respect of the same period ; or

(b) would be so authorised if he were liable to pay contractual remuneration in respect of that period.

(2) The [1896 c. 44.] Truck Act 1896 shall apply in relation to an agreement between an employer and a workman (within the meaning of that Act) for the deduction of any amount from statutory sick pay as it applies to a contract for any deduction from the sum contracted to be paid by an employer to a workman ; and, accordingly, any reference in that Act to such a contract shall include a reference to such an agreement and any reference to the sum contracted to be paid shall include a reference to a payment of statutory sick pay.”.

Health and Social Services and Social Security Adjudications Act 1983 (c.41)

9 In Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 (social security adjudications)—

(a) in sub-paragraph (1) of paragraph 31 (transitional regulations) for the words " and this Schedule " there shall be substituted the words " this Schedule and section 16 of the Health and Social Security Act 1984 "; and

(b) in sub-paragraph (3), for the words from " and this Schedule ", in the first place where they occur, to the end of the sub-paragraph there shall be substituted the words " this Schedule and section 16 of the Health and Social Security Act 1984 and before the expiry of the period of six months beginning with their commencement ".