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Social Security Act 1989

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This is the original version (as it was originally enacted).

17Rectification of mistakes in up-rating orders

(1)After section 63 of the 1986 Act (annual review of certain sums) there shall be inserted the following—

63ARectification of mistakes in orders under section 63

(1)If the Secretary of State is satisfied that a mistake (whether in computation or otherwise) has occurred in the preparation of the previous order under section 63 above, he may by order vary the amount of any one or more of the sums specified in an enactment mentioned in subsection (1)(a) of that section by increasing or reducing it to the level at which it would have stood had the mistake not occurred.

(2)Where the amount of any such sum is varied under this section, then, for the purposes of the next review and order under that section, the amount of the sum shall be taken to be, and throughout the period under review to have been, its amount as so varied.

(2)In that Act—

(a)in section 64 (effect of alteration of rates of benefit) in subsection (1)(b), after the words “section 63” there shall be inserted the words “or 63A”;

(b)in section 83, in subsection (3) (statutory instruments which require affirmative procedure) in paragraph (d), after the words “section 63” there shall be inserted the words “or 63A”; and

(c)in subsection (5) of that section (Treasury consent) for the words “or 63” there shall be substituted the words “,63 or 63A”.

(3)In section 59B of the principal Act (retirement allowance) after subsection (5) there shall be inserted—

(5A)For the purpose of determining under subsection (5) above the weekly rate of retirement allowance in the case of a beneficiary who—

(a)retires or is deemed to have retired on 10th April 1989, and

(b)on 9th April 1989 was entitled to reduced earnings allowance at a rate which was restricted under section 59A(8) above by reference to 40 per cent. of the maximum rate of disablement pension,

it shall be assumed that the weekly rate of reduced earnings allowance to which he was entitled on 9th April 1989 was £26.96.

(4)Section 2 of the [1988 c. 7.] Social Security Act 1988 (certain persons to be entitled to reduced earnings allowance after introduction of retirement allowance etc) shall have effect with the amendments specified in subsections (5) and (6) below.

(5)After subsection (5) there shall be inserted—

(5A)For the purpose of determining under subsection (5) above the weekly rate of reduced earnings allowance payable in the case of a qualifying beneficiary, it shall be assumed that the weekly rate at which the allowance was payable to him on the relevant date was—

(a)£25.84, where that date is 10th April 1988, or

(b)£26.96, where that date is 9th April 1989.

(5B)In subsection (5A) above “qualifying beneficiary” means a person entitled to reduced earnings allowance by virtue of subsection (4) above who—

(a)did not attain pensionable age before 6th April 1987, or

(b)did not retire from regular employment before that date,

and who, on the relevant date, was entitled to the allowance at a rate which was restricted under section 59A(8) of the Social Security Act 1975 by reference to 40 per cent. of the maximum rate of disablement pension.

(6)In subsection (7) (relevant date for persons entitled to the allowance by virtue of subsection (4)(b)) after the words “by virtue” there shall be inserted the word “only”.

(7)Subsections (3) to (6) above shall be deemed to have come into force on 10th April 1989.

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