Social Security Act 1988

Other amendments of Social Security Act 1986

21 The Social Security Act 1986 shall also be amended as follows.

22 In subsection (3) of section 17 (statutory provisions which may be modified as respects pension schemes)—

(a) the following paragraph shall be inserted after paragraph (d)—

“(dd) the Water Act 1973;”; and

(b) the following paragraph shall be added at the end—

“(h) any Act which relates to the employment of persons by a harbour authority (“harbour authority” having the meaning assigned to it by section 57 (1) of the Harbours Act 1964).”.

23 (1) In subsection (1) of section 21 (amount etc. of income-related benefit) for the word “Where” there shall be substituted the words “Subject to subsection (1A) below, where”.

(2) The following subsections shall be inserted after that subsection—

“(1A) Where a person is entitled to income support for a period to which this subsection applies, the amount payable for that period shall be calculated in such manner as may be prescribed.

(1B) Subsection (1A) above applies—

(a) to a period of less than a week which is the whole period for which income support is payable; and

(b) to any other period of less than a week for which it is payable.”

24 (1) The following subsection shall be inserted after subsection (5) of section 23 (trade disputes)—

“(5A) In respect of any period less than a week, subsection (5) above shall have effect subject to such modifications as may be prescribed.”.

(2) In subsection (6) of that section, for the words “subsection (5) above” there shall be substituted the words “this section”.

25 The following section shall be inserted after section 23—

“23A Effect of return to work

If a person returns to work with the same employer after a period during which section 23 above applies to him, and whether or not his return is before the end of any stoppage of work in relation to which he is or would be disqualified for receiving unemployment benefit—

(a) that section shall cease to apply to him at the commencement of the day on which he returns to work; and

(b) until the end of the period of 15 days beginning with that day, section 20(3) above shall have effect in relation to him as if the following paragraph were substituted for paragraph (c)—

“(c) in the case of a member of a married or unmarried couple, the other member is not engaged in remunerative work; and”; and

(c) any sum paid by way of income support for that period of 15 days to him or, where he is a member of a married or unmarried couple, to the other member of that couple, shall be recoverable in the prescribed manner from the person to whom it was paid or from any prescribed person or, where the person to whom it was paid is a member of a married or unmarried couple, from the other member of the couple.”

26 The following subsection shall be inserted after section 29(7)—

“(8) Without prejudice to any other method of recovery, amounts recoverable under any enactment having effect in Northern Ireland and corresponding to this section shall be recoverable by deduction from benefits prescribed under subsection (7) above.”

27 The following subsection shall be inserted after section 33(8)—

“(8A) Without prejudice to any other method of recovery, awards recoverable under Part IV of the [S.I. 1986 No. 1888 (N.I.)] Social Security (Northern Ireland) Order 1986 shall be recoverable by deduction from benefits prescribed under subsection (6) above, and subsections (7) and (8) above shall have effect in relation to such awards as they have effect in relation to awards under this Part of this Act.”

28 The following subsection shall be inserted after section 53(7)—

“(7A) Without prejudice to any other method of recovery, amounts recoverable under any enactment or instrument having effect in Northern Ireland and corresponding to an enactment or instrument mentioned in subsection (7) above shall be recoverable by deduction from benefits prescribed under subsection (7) above.”

29 Paragraphs 26 to 28 above shall be deemed to have come into force on 6th April 1987.

30 (1) In paragraph (c) of subsection (10) of section 53 before “income” there shall be inserted “subject to subsection (10A) below,”.

(2) The following subsection shall be inserted after that subsection—

“(10A) This section only applies to income support recoverable under section 20(4E) above to the extent specified in section 20(4F) and (4G) above.”