Social Security Act 1985

Part I U.K. Occupational Pensions

1 Short service benefit for members of schemes whose employment is terminated before age of 26. E+W+S

Paragraph 6(1)(a) of Schedule 16 to the M1 Social Security Act 1973 (the effect of which is that an occupational pension scheme need not provide benefit for a member whose service in relevant employment is terminated before he has attained the age of 26) shall cease to have effect.

Modifications etc. (not altering text)

C1 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1973 c. 38.

2 Transfer and revaluation. E+W+S

The M2 Social Security Pensions Act 1975 shall be amended in accordance with Schedule 1 to this Act—

(a) to introduce a premium payable in certain cases where an earner ceases to be in employment to which an occupational pension scheme applies and there is a transfer of his accrued rights;

(b) to provide for the extinguishment of the liability of schemes to provide benefits which are secured by policies of insurance or annuity contracts;

(c) to make further provision as to the revaluation of benefits under schemes; and

(d) to ensure that schemes provide transfer values for their members.

Marginal Citations

M2 1975 c. 60.

3 Information about schemes. E+W+S

The Social Security Pensions Act 1975 shall be amended in accordance with Schedule 2 to this Act in relation to information about occupational pension schemes.

4 Earnings factors and guaranteed minimum pensions. E+W+S

The Social Security Pensions Act 1975 and the M3 Social Security (Miscellaneous Provisions) Act 1977 shall be amended in accordance with Schedule 3 to this Act in relation to earnings factors and guaranteed minimum pensions.

Marginal Citations

M3 1977 c. 5.

5 Managers of schemes. E+W+S

(1) The Secretary of State may by regulations provide who is to be treated as a manager of an occupational pension scheme for any of the purposes—

(a) of [F1 the Social Security Acts 1975 to 1991]; or

(b) of the M4 Social Security Act 1973 [F2 or]

[F2 (c) of Part VI of the Social Security Pensions Act 1975]

(2) [F3 Section 61B of the Social Security Pensions Act 1975]shall apply to the power to make regulations under subsection (1) above as it applies to powers to make regulations under that Act.

(3) Regulations made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) In this section “occupational pension scheme” has the meaning assigned to it by section 66 of the Social Security Pensions Act 1975.

Textual Amendments

F1 Words substituted by Statutory Sick Pay Act (c. 3), s. 3(1)(d)

F2 S. 5(1)(c) and word “or” added by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 67(1)

F3 Words substituted by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 67(2)

Marginal Citations

M4 1973 c. 38.

6 Miscellaneous amendments relating to protection of pensions. E+W+S

(1) In subsection (1) of section 41A of the Social Security Pensions Act 1975 (protection of earners’ pensions), the following words shall be substituted for the words from “than” to the end—

“(i) in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the Social Security Act 1973 a pension is provided by way of complete substitute for short service benefit, than the weekly rate of that pension; and

(ii) in any other case, than the relevant aggregate.”.

(2) The following subsection shall be inserted after subsection (1B) of that section—

“(1C) In subsection (1) above “the relevant aggregate” means the aggregate of the following—

(a) the relevant sum;

(b) the excess mentioned in subsection (1)(c) above; and

(c) any amount which is an appropriate addition at the time in question.”.

(3) In subsection (1) of section 41B of that Act (protection of widows’ pensions), the following words shall be substituted for the words from “than” to the end—

“(i) in a case where by virtue of paragraph 9(2)(b) of Schedule 16 to the Social Security Act 1973 a pension is provided by way of complete substitute for a widow’s pension, than the weekly rate of the pension so provided; and

(ii) in any other case, than the relevant aggregate.”.

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

“(1A) In subsection (1) above “the relevant aggregate” means the aggregate of the following—

(a) the relevant sum;

(b) the excess mentioned in subsection (1)(c) above; and

(c) any amount which is an appropriate addition at the time in question.”.

(5) In subsection (3) of that section, for the words “assumption specified in subsection (4) below” there shall be substituted the words “prescribed assumptions”.

(6) Regulations under that subsection may be framed so as to have effect as from 1st January 1985.

Modifications etc. (not altering text)

C2 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part II E+W+S Social Security

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4 E+W+S

Textual Amendments

F4 S. 7 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

8 Dock workers. E+W+S

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

(2) In regulation 133 of the M5 Social Security (Contributions) Regulations 1979 (reduction of primary Class 1 contributions of dock workers) for “0.35” there shall be substituted “0.25”.

(3) Subsection (2) above shall be deemed to have come into force on 6th April 1984.

Textual Amendments

F5 S. 8(1) repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

Modifications etc. (not altering text)

C3 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M5 S.I. 1979/591.

9—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6 E+W+S

Textual Amendments

F6 Ss. 9–13 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

14 Special hardship allowance. E+W+S

In section 60 of the M6 Social Security Act 1975 (increase of disablement benefit for special hardship)—

(a) the following subsection shall be inserted after subsection (1)—

“(1A) The Secretary of State may by regulations provide that in prescribed circumstances employed earner’s employment in which a claimant was engaged when the relevant accident took place but which was not his regular occupation is to be treated as if it had been his regular occupation.”;

(b) in subsection (2)(a), for the words “of his” there shall be substituted the words “, except to the extent that it falls to be treated as including such an occupation by virtue of regulations under subsection (1A) above,”;

(c) in subsection (6)—

(i) after the word “above”, in the first place where it occurs, there shall be inserted the words “and to subsection (6A) below,”; and

(ii) for the words “his regular occupation within the meaning of subsection (1) above” there shall be substituted the words “the relevant occupation”; and

(d) the following subsections shall be inserted after that subsection—

“(6A) A person who is entitled to an increase of pension under this section by virtue of regulations under subsection (1A) above shall not be paid such an increase for any period during which he would not normally be engaged in full-time employed earner’s employment.

(6B) In subsection (6) above “the relevant occupation” means—

(a) in relation to a person who is entitled to an increase of pension under this section by virtue of regulations under subsection (1A) above, the occupation in which he was engaged when the relevant accident took place; and

(b) in relation to any other person who is entitled to an increase of pension under this section, his regular occupation within the meaning of subsection (1) above.”.

Modifications etc. (not altering text)

C4 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M6 1975 c. 14.

15—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7 E+W+S

Textual Amendments

F7 Ss. 15–17 repealed by Social Security Act 1986 (c. 50), Sch. 11

Part III E+W+S Statutory Sick Pay

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 E+W+S

Textual Amendments

F8 S. 18 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 E+W+S

Textual Amendments

F9 S. 19 repealed by Statutory Sick Pay Act 1991 (c. 3), s. 3(2)(6),Sch.

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10 E+W+S

Textual Amendments

F10 S. 20 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

21 Miscellaneous amendments relating to statutory sick pay. E+W+S

The enactments specified in Schedule 4 shall have effect subject to the amendments there specified.

Modifications etc. (not altering text)

C5 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IV U.K. Miscellaneous and Supplementary

Miscellaneous U.K.

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W+S

Textual Amendments

F11 S. 22 repealed by Social Security Act 1986 (c. 50), Sch. 11

23 Vaccine damage payments. U.K.

In section 1 of the M7 Vaccine Damage Payments Act 1979—

(a) in subsection (1), for “£10,000” there shall be substituted “the relevant statutory sum”;

(b) the following subsection shall be inserted after that subsection—

“(1A) In subsection (1) above “statutory sum” means £10,000 or such other sum as is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument with the consent of the Treasury; and the relevant statutory sum for the purposes of that subsection is the statutory sum at the time when a claim for payment is first made.”; and

(c) the following subsection shall be inserted after subsection (4)—

“(4A) No order shall be made by virtue of subsection (1A) above unless a draft of the order has been laid before Parliament and been approved by a resolution of each House.”.

Modifications etc. (not altering text)

C6 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M7 1979 c. 17.

24 Power to extend Pneumoconiosis etc. (Workers’ Compensation) Act 1979. E+W+S

In the M8 Pneumoconiosis etc. (Workers’ Compensation) Act 1979—

(a) in section 1—

(i) at the end of subsection (3) there shall be added the words “and any other disease which is specified by the Secretary of State for the purposes of this Act by order made by statutory instrument.”; and

(ii) the following subsection shall be added after subsection (4)—

“(5) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.”; and

(b) in section 4(4)—

(i) the words “other than a disease specified in an order under section 1 above,” shall be inserted after “applies,” in paragraphs (a) and (b); and

(ii) the following paragraphs shall be added after paragraph (b)—

“(c) in the case of a person disabled by a disease specified in an order under section 1 above, means the date on which disablement benefit first became payable to him in respect of the disease or the date of the coming into force of the order, whichever is the later;

(d) in the case of the dependant of a person who, immediately before he died, was disabled by a disease specified in an order under section 1 above, means the date of the deceased’s death or the date of the coming into force of the order, whichever is the later.”.

Modifications etc. (not altering text)

C7 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M8 1979 c. 41.

25 Pensions and gratuities for members of certain Boards. E+W+S

(1) The following subsection shall be inserted after subsection (3) of section 12 of the M9 Betting, Gaming and Lotteries Act 1963 (Horserace Totalisator Board)—

“(3A) The Board may pay such pension or gratuity to or in respect of any member of the Board as the Board may, with the approval of the Secretary of State, determine.”.

(2) The following subsection shall be inserted after subsection (6) of section 24 of that Act (Horserace Betting Levy Board)—

“(6A) The Levy Board may pay such pension or gratuity as the Board may, with the approval of the Secretary of State, determine, to or in respect of the chairman and any other members appointed by the Secretary of State.”.

(3) The following paragraph shall be inserted after paragraph 5 of Schedule 1 to the M10 Gaming Act 1968 (provisions as to Gaming Board for Great Britain)—

“5A The Secretary of State may pay such pension or gratuity to or in respect of any member of the Board as the Secretary of State may, with the consent of the Treasury, determine.”.

Modifications etc. (not altering text)

C8 The text of ss. 1, 6, 8(2)(3), 14, 21, 23–25, Sch. 1, Sch. 2 and Sch. 6 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M9 1963 c. 2.

M10 1968 c. 65.

Supplementary U.K.

26 Regulations about occupational pensions. E+W+S

(1) Section 61(2) of the M11 Social Security Pensions Act 1975 (reference of regulations to Occupational Pensions Board) shall not apply to regulations—

(a) made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 2 above;

(b) made under any enactment before the expiry of the period of six months beginning with the commencement of section 2 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 44A or 52C of or Schedule 1A to the Social Security Pensions Act 1975;

(c) made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 3 above;

(d) made under any enactment before the expiry of the period of six months beginning with the commencement of section 3 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any of sections 56A to 56E, 56H and 56J of the Social Security Pensions Act 1975;

(e) made under section 35(8) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 4 above;

(f) made under any enactment before the expiry of the period of six months beginning with the commencement of section 4 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 35(8) of the Social Security Pensions Act 1975;

(g) made under section 41B(3) of the Social Security Pensions Act 1975 before the expiry of the period of six months beginning with the commencement of section 6(5) above; or

(h) made under any enactment before the expiry of the period of six months beginning with the commencement of section 6(5) above and contained in a statutory instrument which states that it contains only provisions consequential on that subsection or such provisions and regulations made under section 41B(3) of the M12 Social Security Pensions Act 1975.

(2) The references in subsection (1) above to the commencement of section 3 above are references, in relation to any regulations, to the commencement of that section so far as it relates to the provisions under which the regulations are made.

(3) The references in subsection (1) above to the commencement of section 4 above are references to the commencement of that section so far as it relates to Part II of Schedule 3 to this Act.

Marginal Citations

M11 1975 c. 60.

M12 1975 c. 60.

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 E+W+S

Textual Amendments

F12 S. 27 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

28 Financial provision. E+W+S

(1) Any expenses of a Minister of the Crown incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.

(2) All fees paid to the registrar of occupational pension schemes shall be paid into the Consolidated Fund.

29 Minor and consequential amendments and repeals. U.K.

(1) The enactments mentioned in Schedule 5 to this Act shall have effect with the amendments there specified.

(2) The enactments mentioned in Schedule 6 to this Act are repealed to the extent specified in the third column of that Schedule.

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13 U.K.

Textual Amendments

F13 S. 30 repealed by Social Security (Consequential Provisions) Act 1992 (c. 6)

31 Extent. U.K.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14

(2) Section 29 above extends to Northern Ireland so far as it relates—

(a) to paragraphs 1, 2, 35, 37 and 39 of Schedule 5 to this Act; and

(b) to the repeal in Schedule 6 to this Act of paragraph 6 of Schedule 7 to the M13 Health and Social Security Act 1984.

(3) Section 30 above, this section, and sections 32 and 33 below extend to Northern Ireland.

(4) Section 23 above extends to Northern Ireland and the Isle of Man.

(5) Except as provided by subsections (1) to (4) above, this Act extends to England and Wales and Scotland only.

Textual Amendments

F14 S. 31(1) repealed by Social Security Act 1990 (c. 27), Sch. 7

Marginal Citations

M13 1984 c. 48.

32 Commencement. U.K.

(1) Subject to the following provisions of this section, the provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed in pursuance of this section for different provisions or different purposes of the same provision.

(2) The following provisions of this Act—

• section 4, so far as it relates to Part I of Schedule 3;

• section 6(5) and (6);

• section 8;

• sections 10 and 11;

• section 13(6) and (7);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 ;

• section 19;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15 ;

• sections 23 to 28;

• section 29(1) so far as it relates to paragraphs 22, 34, 36 and 37 of Schedule 5;

• section 29(2), so far as it relates to the repeals in—

• section 41D of the M14 Social Security Pensions Act 1975;

• section 22(7) of the M15 Social Security (Miscellaneous Provisions) Act 1977;

• the M16 Social Security Act 1981; and

• the Health and Social Security Act 1984;

• sections 30 and 31;

• this section; and

• section 33,

shall come into force on the day this Act is passed.

(3) The following provisions of this Act—

• section 17;

• section 29(1), so far as it relates to paragraphs 7, 8 and 14 of Schedule 5;

• section 29(2), so far as it relates to the repeals in sections 79, 82 and 90 of the M17 Social Security Act 1975,

shall come into force at the end of the period of 6 weeks beginning with the day on which this Act is passed.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F16

(5) Sections 18 and 20 above shall come into force on 6th April 1986.

(6) The Secretary of State may by regulations made by statutory instrument make such transitional and consequential provision (including provision modifying any enactment contained in this or any other Act) or saving as he considers necessary or expedient in connection with the coming into force of any provision of this Act or the operation of any enactment which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(7) Regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) [F17 Section 175(3) and (4) of the Social Security Contributions and Benefits Act 1992](which among other things make provision about the extent of powers to make regulations) shall apply to the power to make regulations conferred by this section as they apply to any power to make regulations conferred by that Act.

Textual Amendments

F15 Words repealed by Social Security Act 1986 (c. 50), Sch. 11

F16 S. 32(4) repealed, and deemed never to have been enacted, by Social Security Act 1990 (c. 27), s. 5(3) and Sch. 7 (retrospectively superseded by s. 165B(3) and (4) of Social Security Act 1975)

F17 Words substituted by Social Security (Consequential Provisions) Act 1992 (c. 6), Sch. 2, para. 68

Modifications etc. (not altering text)

C9 Power conferred by s. 32(1) fully exercised by S.I. 1985/1125 and S.I. 1985/1364

Marginal Citations

M14 1975 c. 60.

M15 1977 c. 5.

M16 1981 c. 33

M17 1975 c. 14.

33 Citation. U.K.

(1) This Act may be cited as the Social Security Act 1985.

(2) This Act may be cited together with—

(a) the Social Security Acts 1975 to 1984; and

(b) section 25 of the M18 Health and Social Services and Social Security Adjudications Act 1983 and Schedule 8 to that Act,

as the Social Security Acts 1975 to 1985.

Marginal Citations

M18 1983 c. 41.