SCHEDULE 6 Minor and Consequential Amendments
Orders increasing contributions
1
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Contributions of registered dock workers
2
(1)
In section 4(7) of the principal Act (reduced contributions for certain persons) the reference to section 145 of the M1Employment Protection (Consolidation) Act 1978 (which related to registered dock workers and which was repealed by the Dock Work Act 1989 as from 3rd July 1989) shall be omitted.
(2)
Notwithstanding the repeal of section 145 of the said Act of 1978 or of the reference to it in section 4(7) of the principal Act, regulation 133 of the Contributions Regulations (reduced rate of contributions for registered dock workers) shall continue to have effect, and be taken to have continued to have had effect at all times on and after 3rd July 1989, in relation to earnings paid or treated as paid before 6th April 1988 as it had effect by virtue of regulation 4 of the 1988 Regulations (which continues in force accordingly).
(3)
Nothing in this paragraph shall be taken to have prejudiced any power to amend or revoke the regulations to which it refers.
(4)
In this paragraph—
“the Contributions Regulations” means the Social Security (Contributions) Regulations 1979; and
“the 1988 Regulations” means the M2Social Security (Contributions) Amendment Regulations 1988.
3
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Regulations relating to industrial injuries and diseases
4
(1),(2)
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(3)
Regulations 6(2)(c), 25 and 36 of the M3Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 (onset of occupational deafness and time for claiming in respect of occupational deafness or occupational asthma), and any former regulations which they directly or indirectly re-enact with or without amendment, shall be taken to be, and always to have been, validly made.
5–7
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Parliamentary control of regulations and orders
8
(1)
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(2)
“(1)
Section 167 of the principal Act shall have effect as if, in subsection (1) (statutory instruments requiring affirmative parliamentary procedure), there were included in paragraph (a) a reference to regulations made by virtue of section 3 above.
(2)
Subsection (3) of the said section 167 (statutory instruments subject to annulment) shall have effect as if in paragraph (a), after the words “other than” there were inserted the words
“ an order which, under any provision of the Pensions Act, is required to be laid before Parliament after being made or ””.
(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(4)
“(a)
which contains (whether alone or with other provisions) any regulations, and
(b)
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,”.
(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(6)
“(4)
A statutory instrument—
(a)
which contains (whether alone or with other provisions) any regulations under this Act, and
(b)
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(7),(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(9)
“(4)
A statutory instrument—
(a)
which contains (whether alone or with other provisions) orders or regulations under this Act, other than orders under section 88 below, and
(b)
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.”
(10)
“15A Regulations and orders etc.
(1)
Section 166(1) to (3A) of the Social Security Act 1975 (regulations and orders: general provisions) shall apply in relation to any power conferred by any provision of this Act to make orders or regulations under this Act as they apply in relation to any power conferred by that Act to make orders or regulations, but as if for references to that Act there were substituted references to this Act.
(2)
A statutory instrument—
(a)
which contains (whether alone or with other provisions) any orders or regulations under this Act, other than orders under section 18 below, and
(b)
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)
In this Act—
“prescribe” means prescribe by regulations; and
“regulations” means regulations made under this Act by the Secretary of State.”
(11)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
(12)
“(3)
A statutory instrument—
(a)
which contains (whether alone or with other provisions) any regulations or orders under this Act, other than orders under section 33 below, and
(b)
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.”;
and, in consequence, subsection (4) shall cease to have effect.
9–12
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Re-establishment courses and resettlement units
13
(1)
In Schedule 5 to the M6Supplementary Benefits Act 1976, paragraph 1 (power to provide re-establishment courses and facilities for persons attending them) shall cease to have effect.
(2)
“ Grants for voluntary organisations providing places
4
(1)
The Secretary of State may, upon such terms and subject to such conditions as he may determine, give assistance by way of grant to any local authority or voluntary organisation which provides places for purposes similar to the purposes for which resettlement units are provided by the Secretary of State.
(2)
In this paragraph “local authority” means the council of a county, a district, a region, an islands area or a London borough, or the Common Council of the City of London.”
14–26
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Benefits for women widowed before 11th April 1988
27
(1)
“3
Regulation 16(1) of the principal Regulations shall apply to a widow whose late husband died before 11th April 1988 as if regulation 2(6) above had not been made.”
(2)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
(3)
Where, in consequence of regulation 2(6) of the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 (deemed entitlement to child allowance for purposes of widowed mother’s allowance etc), an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either—
(a)
is not entitled to a benefit under section 25 or 26 of the principal Act, or
(b)
is entitled to such a benefit at a particular rate,
an adjudication officer may review that decision, notwithstanding anything in F9section 25 of the Social Security Administration Act 1992.
(4)
In any case where—
(a)
it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and
(b)
the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,
the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.
(5)
F10Section 28 of the Social Security Administration Act 1992 (appeals from reviews) shall apply in relation to a review under this paragraph as it applies in relation to a review under that section.
(6)
In this paragraph “adjudicating authority” means—
(a)
an adjudication officer;
(b)
a social security appeal tribunal;
(c)
a Commissioner, as defined in Schedule 20 to the principal Act.
(7)
The amendment by sub-paragraph (1) above of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.
(8)
Nothing in this paragraph shall be taken to prejudice section 16 or 17 of the M8Interpretation Act 1978 (effect of repeals, substitutions etc).
28
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30
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Joint citations
31
In the following enactments, for the words “the Social Security Acts 1975 to 1989” in each place where they occur there shall be substituted the words “the Social Security Acts 1975 to 1990”—
(a),(b)
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(c)
section 4(5) of the M9Forfeiture Act 1982;
(d)
section 5(1)(a) of the M10Social Security Act 1985;
(e)
paragraph (b) of the definition of “the benefit Acts” in section 84(1) of the 1986 Act.