SCHEDULES
SCHEDULE 7Minor and consequential amendments
Army Act 1955 (c. 18)
I491
In section 150A(3) of the Army Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
Air Force Act 1955 (c. 19)
I502
In section 150A(3) of the Air Force Act 1955 (enforcement of maintenance assessment by deductions from pay), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
Parliamentary Commissioner Act 1967 (c. 13)
3
1
In subsection (8) of section 5 of the Parliamentary Commissioner Act 1967 (matters subject to investigation), for the words “listed in Schedule 4 to this Act” there shall be substituted the words “constituted under Chapter I of Part I of the Social Security Act 1998”.
2
In Schedule 4 to that Act (relevant tribunals for the purposes of section 5(7)) the following entries shall cease to have effect, namely—
Tribunals constituted in Great Britain under regulations made under section 4 of the Vaccine Damage Payments Act 1979
Child support appeal tribunals constituted under section 21 of the Child Support Act 1991
Social security appeal tribunals constituted under section 41 of the Social Security Administration Act 1992
Disability appeal tribunals constituted under section 43 of that Act
Medical appeal tribunals constituted under section 50 of that Act
House of Commons Disqualification Act 1975 (c. 24)
4
I1891
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), in the entry relating to an adjudicating medical practitioner or specially qualified adjudicating medical practitioner, the words “Part II of the Social Security Administration Act 1992 or” shall cease to have effect.
I51I141I1892
In that Part of that Schedule, the following entries shall cease to have effect, namely—
Regional or other full-time chairman of a child support appeal tribunal established under section 21 of the Child Support Act 1991
A regional or other full-time Chairman of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals
Chief Adjudication Officer appointed under section 39 of the Social Security Administration Act 1992
Chief Child Support Officer appointed under section 13(3) of the Child Support Act 1991
Member of a Medical Appeal Tribunal appointed under section 50 of the Social Security Administration Act 1992
Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Child Support Appeal Tribunals
Member of a panel appointed under section 6 of the Tribunals and Inquiries Act 1992 of persons to act as chairmen of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals
Member of a panel of persons who may be appointed to serve on a Vaccine Damage Tribunal
President of Social Security Appeal Tribunals, Medical Appeal Tribunals and Disability Appeal Tribunals
I523
In that Part of that Schedule there shall be inserted at the appropriate places the following entries—
Member of a panel of persons appointed under section 6 of the Social Security Act 1998
President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act
Vaccine Damage Payments Act 1979 (c. 17)
I1425
In subsection (4) of section 3 of the Vaccine Damage Payments Act (determination of claims), for the words from “that, if an application” to the end there shall be substituted the words “of the right of appeal conferred by section 4 below”.
I1436
In section 5 of that Act (reconsideration of determinations and recovery of payments in certain cases), subsections (1) to (3) and (5) shall cease to have effect.
I1447
1
In subsection (3) of section 7 of that Act (payments, claims etc. made prior to Act)—
a
for the words “section 5 above”, in the first place where they occur, there shall be substituted the words “section 3A above”; and
b
the words from “and in relation to” to the end shall cease to have effect.
2
In subsection (4) of that section, for the words “Subsections (4) and (5) of section 5 above” there shall be substituted the words “Section 5(4) above”.
I6I1458
After section 7A of that Act there shall be inserted the following section—
7BFinality of decisions
1
Subject to the provisions of this Act, any decision made in accordance with the foregoing provisions of this Act shall be final.
2
If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
a
further such decisions;
b
decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and
c
decisions made under the [1991 c. 48.] Child Support Act 1991.
I7I1469
In subsection (3) of section 8 of that Act (regulations)—
a
for the words “a reconsideration under section 5 above”, in both places where they occur, there shall be substituted the words “a decision under section 3A above”; and
b
for the words “the tribunals constituted under section 4 above” there shall be substituted the words “appeal tribunals”.
I14710
In section 12 of that Act (financial provisions), subsection (1) shall cease to have effect.
Forfeiture Act 1982 (c. 34)
I84I108I19011
1
In subsection (2)(b) of section 4 of the Forfeiture Act 1982 (Commissioner to decide whether rule applies to social security benefits), for the words “section 59 of the Social Security Administration Act 1992” there shall be substituted the words “section 16 of the Social Security Act 1998”.
2
In subsection (5) of that section, in the definition of “Commissioner”, for the words “Social Security Administration Act 1992” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
Debtors (Scotland) Act 1987 (c. 18)
I4112
In subsection (5)(f) of section 1 (competence of time to pay direction) and subsection (4)(f) of section 5 (competence of time to pay order) of the Debtors (Scotland) Act 1987—
a
the word “; or” after sub-paragraph (ii) shall cease to have effect; and
b
after sub-paragraph (iii) there shall be inserted the words
or
iv
any amount by way of contributions, or by way of interest or penalty in respect of contributions, certified under section 118(1) of the [1992 c. 5.] Social Security Administration Act 1992 as liable to be paid to the Secretary of State.
I4213
In section 106 of that Act (interpretation), in the definition of “summary warrant”, after paragraph (c) there shall be inserted the following paragraph—
cc
section 121B of the Social Security Administration Act 1992;
I4314
In paragraph 35 of Schedule 5 to that Act (interpretation), in the definition of “creditor”, after paragraph (d) there shall be inserted the following paragraph—
dd
for the purposes of section 121B of the Social Security Administration Act 1992, the Secretary of State;
Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47)
I148I19115
In paragraph 7A of Schedule 2 to the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” in sub-paragraph (2)(a) there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
Income and Corporation Taxes Act 1988 (c. 1)
I2416
In subsection (3) of section 172 of the Income and Corporation Taxes Act 1988 (exceptions from tax)—
a
for the words “Class 1 contributions” there shall be substituted the words “secondary Class 1 contributions”; F6...
F6b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Local Government Finance Act 1988 (c. 41)
I149I19217
In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1988 (recovery of outstanding community charge by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
Child Support Act 1991 (c. 48)
I5318
In section 2 of the Child Support Act (welfare of children: the general principle), the words “or any child support officer” shall cease to have effect.
I5419
In subsection (4) of section 4 of that Act (child support maintenance), the words “or the child support officer” shall cease to have effect.
F1520
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I5521
In subsection (5) of section 7 of that Act (right of child in Scotland to apply for assessment), the words “or the child support officer” shall cease to have effect.
I5622
In subsections (1) and (2) of section 8 of that Act (role of courts with respect to maintenance for children), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
I5723
1
In subsection (4) of section 10 of that Act (relationship between maintenance assessments and certain court orders)—
a
for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”; and
b
for the words “that officer” there shall be substituted the word “he”.
2
In subsection (5) of that section, for the words “a child support officer” there shall be substituted the words “an officer of the Secretary of State”.
F1624
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F1725
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I5826
Section 13 of that Act (child support officers) shall cease to have effect.
27
In section 14 of that Act (information required by Secretary of State)—
I1a
subsections (2) and (2A) shall cease to have effect; and
I59b
in subsection (3), the words “or by child support officers” shall cease to have effect and for the word “them” there shall be substituted the word “him”.
F1428
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6029
In subsection (4)(a) of section 22 of that Act (Child Support Commissioners), for the words “section 21(3)” there shall be substituted the words “Schedule 5 to the Social Security Act 1998”.
I6130
1
In subsection (1) of section 24 of that Act (appeal to Child Support Commissioner), for the words “a child support appeal tribunal, and any child support officer” there shall be substituted the words “an appeal tribunal, and the Secretary of State”.
2
Subsection (1A) of that section shall cease to have effect.
3
In subsection (3) of that section—
a
for the words “the child support appeal tribunal” there shall be substituted the words “the appeal tribunal”;
b
for the words “a child support appeal tribunal”, in both places where they occur, there shall be substituted the words “an appeal tribunal”; and
c
for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
4
For subsection (4) of that section there shall be substituted the following subsection—
4
The reference under subsection (3) to the Secretary of State shall, subject to any direction of the Child Support Commissioner, be to an officer of his, or a person providing him with services, who has taken no part in the decision originally appealed against.
5
In subsection (5) of that section, for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.
6
In subsection (6) of that section—
a
for the words “who was the chairman of the child support appeal tribunal” there shall be substituted the words “who constituted, or was the chairman of, the appeal tribunal”; and
b
for the words “such other chairman of a child support appeal tribunal” there shall be substituted the words “such other person”.
7
In subsection (8) of that section, for the words “a child support officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”.
I6231
1
In subsection (1) of section 26 of that Act (disputes about parentage), for the words “the child support officer concerned” there shall be substituted the words “the Secretary of State”.
2
In subsection (2) of that section, in Case E, for the words “the child support officer” there shall be substituted the words “the Secretary of State”.
F1132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6333
In subsection (1) of section 28 of that Act (power of Secretary of State to initiate or defend actions of declarator: Scotland), for the words “a child support officer to whom the case is referred” there shall be substituted the words “the Secretary of State”.
F1834
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6436
In subsections F27... (3) of section 28D of that Act (determination of applications), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.
F1937
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2838
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2939
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F2040
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6541
In subsection (1) of section 44 of that Act (jurisdiction), for the words “A child support officer” there shall be substituted the words “The Secretary of State”.
I6642
1
In subsection (1) of section 45 of that Act (jurisdiction of courts in certain proceedings under this Act), for the words “a child support appeal tribunal” there shall be substituted the words “an appeal tribunal”.
2
In subsection (6) of that section, for the words “child support appeal tribunals” there shall be substituted the words “appeal tribunals”.
F2143
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8I6744
After that section there shall be inserted the following sections—
46AFinality of decisions
1
Subject to the provisions of this Act, any decision of the Secretary of State or an appeal tribunal made in accordance with the foregoing provisions of this Act shall be final.
2
If and to the extent that regulations so provide, any finding of fact or other determination embodied in or necessary to such a decision, or on which such a decision is based, shall be conclusive for the purposes of—
a
further such decisions;
b
decisions made in accordance with sections 8 to 16 of the Social Security Act 1998, or with regulations under section 11 of that Act; and
c
decisions made under the [1979 c. 17.] Vaccine Damage Payments Act 1979.
46BMatters arising as respects decisions
1
Regulations may make provision as respects matters arising pending—
a
any decision of the Secretary of State under section 11, 12 or 17;
b
any decision of an appeal tribunal under section 20; or
c
any decision of a Child Support Commissioner under section 24.
2
Regulations may also make provision as respects matters arising out of the revision under section 16, or on appeal, of any such decision as is mentioned in subsection (1).
3
Any reference in this section to section 16, 17 or 20 includes a reference to that section as extended by Schedule 4C.
I6845
In subsection (5) of section 50 of that Act (unauthorised disclosure of information), in paragraph (c), after the words “other officer of,” there shall be inserted the words “an appeal tribunal or”.
F2246
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I19347
In section 54 of that Act (interpretation)—
I69a
the following definition shall be inserted in the appropriate place—
“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;
I70b
the definitions of “adjudication officer”, “Chief Adjudication Officer”, “Chief Child Support Officer”, “child support appeal tribunal” and “child support officer” shall cease to have effect.
I7148
F231
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F233
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
In paragraph 15 of that Schedule (separate assessments for different periods), for the words “a child support officer” there shall be substituted the words “the Secretary of State”.
5
In paragraph 16 of that Schedule (termination of assessments)—
F30a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
in sub-paragraph (10), the words “or a child support officer” shall cease to have effect.
I249
Paragraph 2 of Schedule 2 to that Act (local authority records) shall cease to have effect.
I7250
Schedule 3 to that Act (child support appeal tribunals) shall cease to have effect.
I7351
In paragraph 2A of Schedule 4 to that Act (Child Support Commissioners), for sub-paragraph (1) there shall be substituted the following sub-paragraph—
1
The Lord Chancellor or, in Scotland, the Secretary of State may pay to any person who attends any proceedings before a Child Support Commissioner such travelling and other allowances as he may determine.
I7452
1
In sub-paragraph (1) of paragraph 5 of Schedule 4 to that Act (Child Support Commissioners)—
a
for the words “that an appeal” there shall be substituted the words
that—
a
an application for leave under section 24(6)(b); or
b
an appeal,
b
for the words “that the appeal” there shall be substituted the words “that the application or appeal”; and
c
after the words “any three” there shall be inserted the words “or more”.
2
At the end of sub-paragraph (2) of that paragraph there shall be inserted the words “; and the presiding Child Support Commissioner shall have a casting vote if the votes are equally divided”.
3
After that sub-paragraph there shall be inserted the following sub-paragraph—
3
Where a direction is given under sub-paragraph (1)(a), section 24(6)(b) shall have effect as if the reference to a Child Support Commissioner were a reference to such a tribunal as is mentioned in sub-paragraph (1).
I94
For paragraph 6(2) of that Schedule there shall be substituted the following sub-paragraph—
2
If and to the extent that regulations so provide, any finding of fact or other determination which is embodied in or necessary to a decision, or on which a decision is based, shall be conclusive for the purposes of any further decision.
F2453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2554
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Criminal Justice Act 1991 (c. 53)
I150I19455
In subsection (2)(b) of section 24 of the Criminal Justice Act 1991 (recovery of fines etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
Social Security Contributions and Benefits Act 1992 (c. 4)
I1656
1
In subsection (2) of section 1 of the Contributions and Benefits Act (outline of contributory system), for the word “five” there shall be substituted the word “six” and after paragraph (b) there shall be inserted the following paragraph—
bb
Class 1B, payable under section 10A below by persons who are accountable to the Inland Revenue in respect of income tax on emoluments in accordance with a PAYE settlement agreement;
2
In subsection (4)(a) of that section after “1A,” there shall be inserted “1B,”.
3
In subsection (6) of that section, after the words “Class 1A”, in both places where they occur, there shall be inserted the words “, Class 1B”.
F757
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1058
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2559
After subsection (3) of section 14 of that Act (restriction on right to pay Class 3 contributions) there shall be inserted the following subsection—
4
Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsection (1)(a) above shall have effect as if such contributions had been paid or treated as paid on so much of those earnings as did not exceed the upper earnings limit.
I2660
After subsection (5) of section 21 of that Act (contribution conditions) there shall be inserted the following subsection—
5A
Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, the following provisions, namely—
a
subsection (5)(c) above;
b
sections 22(1)(a) and (3)(a), 23(3)(a), 24(2)(a), 44(6)(a) and 45A(1)(a) below; and
c
paragraphs 2(4)(a) and (5)(a), 4(2)(a), 5(2)(b) and (4)(a) and 7(4)(a) of Schedule 3 to this Act,
shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.
I2761
In subsection (4) of section 22 of that Act (earnings factors), for the words “upon which” there shall be substituted the words “in respect of which”.
I10962
In subsection (2) of section 54 of that Act (Category A and Category B retirement pensions: supplemental provisions), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
I8563
In subsection (5)(c) of section 95 of that Act (relevant employments), after the words “the Administration Act” there shall be inserted the words “, or Chapter II of Part I of the Social Security Act 1998,”.
I8664
In subsection (1)(b) of section 97 of that Act (accidents in the course of illegal employments), for the words “section 44 of the Administration Act” there shall be substituted the words “section 29 of the Social Security Act 1998”.
I8765
In subsection (2) of section 109 of that Act (general provisions relating to benefit under section 108)—
a
in paragraph (a), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”;
b
in paragraph (b), for the words “and that Act” there shall be substituted the words “, that Act and that Chapter”;
c
for the words “the Administration Act”, in the second place where they occur, there shall be substituted the words “that Act and that Chapter”; and
d
after the words “section 1” there shall be inserted the words “of that Act”.
I88I110I151I19566
In subsection (3) of section 113 of that Act (general provisions as to disqualification and suspension), for the words “or the Administration Act” there shall be substituted the words “, the Administration Act or Chapter II of Part I of the Social Security Act 1998”.
I89I111I152I19667
In subsection (2) of section 116 of that Act (Her Majesty’s forces), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
I90I112I153I19768
In subsection (1) of section 117 of that Act (mariners, airmen etc.), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
I91I113I154I19869
In section 119 of that Act (persons outside Great Britain), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
I92I114I155I19970
In subsection (1) of section 120 of that Act (employment at sea: continental shelf operations), for the words “provision of Part II of the Administration Act which replaces” there shall be substituted the words “provisions of Chapter II of Part I of the Social Security Act 1998 which correspond to”.
I93I20071
In subsection (1) of section 122 of that Act (interpretation of Parts I to VI and supplementary provisions)—
I115I156a
in the definition of “entitled”, for the words “and 68 of the Administration Act” there shall be substituted the words “of the Administration Act and section 27 of the Social Security Act 1998”;
I28b
the definitions of “initial primary percentage” and “main primary percentage” shall cease to have effect;
I28c
for the definitions of “lower earnings limit” and “upper earnings limit” there shall be substituted the following definitions—
“lower earnings limit”, “upper earnings limit” and “earnings threshold” are to be construed in accordance with subsection (1) of section 5 above, and references to the lower or upper earnings limit, or to the earnings threshold, of a tax year are to whatever is (or was) for that year the limit or threshold in force under that subsection;
I20172
1
For subsection (1) of section 139 of that Act (awards by social fund officers) there shall be substituted the following subsection—
1
Whether a payment mentioned in section 138(1)(b) above is to be awarded, and how much it is to be, shall be determined by an appropriate officer, that is to say, an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments so mentioned.
2
In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.
I133
Subsection (3) of that section shall cease to have effect.
I134
In subsection (4) of that section, for the words “that is to be repayable” there shall be substituted the words “of a crisis loan or a budgeting loan”.
5
In subsection (5) of that section, for the words “the social fund officer” there shall be substituted the words “the appropriate officer”.
I20273
1
In subsection (1) of section 140 of that Act (principles of determination), for the words “a social fund officer” there shall be substituted the words “an appropriate officer”.
2
In subsection (2) of that section, for the words “A social fund officer” there shall be substituted the words “An appropriate officer”.
3
In subsection (3) of that section, for the words “a social fund officer or group of social fund officers” there shall be substituted the words “an appropriate officer or group of appropriate officers”.
4
In subsection (4) of that section—
a
for the words “a social fund officer”, in each place where they occur, there shall be substituted the words “an appropriate officer”; and
b
for the words “social fund officers” there shall be substituted the words “appropriate officers”.
5
In subsection (5) of that section—
a
for the words “a social fund officer” there shall be substituted the words “an appropriate officer”; and
b
for the words “the social fund officer nominated for his area under section 64 of the Administration Act” there shall be substituted the words “the appropriate officer nominated for his area under section 36 of the Social Security Act 1998”.
I2974
In subsection (1) of section 163 of that Act (interpretation of Part XI), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.
I3075
In subsection (1) of section 171 of that Act (interpretation of Part XII), in the definition of “employer”, after the words “but for” there shall be inserted the words “the condition in”.
I11676
In subsection (2) of section 171E of that Act (incapacity for work: disqualification etc.), for the words “Part II of the Administration Act” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
77
I201
In the heading to Schedule 1 to that Act (supplementary provisions relating to contributions of Classes 1, 1A, 2 and 3), after “1A,” there shall be inserted “1B,”.
I152
For sub-paragraph (2) of paragraph 1 of that Schedule there shall be substituted the following sub-paragraph—
2
Where earnings in respect of employments which include any contracted-out employment and any employment which is not a contracted-out employment are aggregated under sub-paragraph (1) above, then, except as may be provided by regulations—
a
if the aggregated earnings exceed the current lower earnings limit, the amount of the primary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (3) below; and
b
if the aggregated earnings exceed the current earnings threshold, the amount of the secondary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (6) below.
I153
In sub-paragraph (3) of that paragraph, immediately before the words “does not exceed”, in each place where they occur, there shall be inserted the words “exceeds the current lower earnings limit and”.
I154
In sub-paragraph (6) of that paragraph—
a
in paragraph (a), for the words “the APPS earnings” there shall be substituted the words “such part of the APPS earnings as exceeds the earnings threshold”;
b
in paragraphs (b) and (c), for the words “the part of the aggregated earnings attributable to such service” there shall be substituted the words “such part of the aggregated earnings attributable to such service as exceeds the earnings threshold”; and
c
in paragraph (d), for the words “the remainder of the aggregated earnings” there shall be substituted the words “such part of the remainder of the aggregated earnings as exceeds the earnings threshold”.
I155
In sub-paragraph (1) of paragraph 3 of that Schedule, for the words “his own secondary contribution” there shall be substituted the words “any secondary contribution of his own”.
I36
For paragraph 5 of that Schedule there shall be substituted the following paragraph—
Class 1A contributions
5
Regulations may—
a
make provision for calculating the amount of Class 1A contributions so as to avoid fractional amounts;
b
modify section 10 above in relation to cases where a car is made available by reason of two or more employed earner’s employments under different employers.
I147
After that paragraph there shall be inserted the following paragraph—
Class 1B contributions
5A
Regulations may make provision for calculating the amount of Class 1B contributions so as to avoid fractional amounts.
I148
In sub-paragraph (1) of paragraph 6 of that Schedule, for paragraph (a) there shall be substituted the following paragraph—
a
provide for Class 1, Class 1A, Class 1B or Class 2 contributions to be paid, accounted for and recovered in a similar manner to income tax in relation to which regulations under section 203 of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (PAYE) have effect;
I149
In sub-paragraph (2) of that paragraph—
a
for the words “or Class 1A”, in each place where they occur, there shall be substituted the words “, Class 1A or Class 1B”; and
b
in paragraph (b), the words “(being not less than one year after the end of the tax year in respect of which the sums are due)” shall cease to have effect.
F110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1411
After that sub-paragraph there shall be inserted the following sub-paragraph—
4A
Regulations under this paragraph shall not require the payment of interest on a sum due in respect of a Class 1B contribution if a relevant tax appeal has been brought but not finally determined; and “a relevant tax appeal” means an appeal against a determination as to the amount of income tax in respect of which the person liable to pay the Class 1B contribution is accountable in accordance with the relevant PAYE settlement agreement.
I2112
In sub-paragraph (11)(a) of paragraph 7 of that Schedule, for the words “and Class 1A” there shall be substituted the words “, Class 1A and Class 1B”.
F213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1414
In paragraph (b) of sub-paragraph (1) of paragraph 8 of that Schedule, after the words “Class 1A” there shall be inserted the words “or Class 1B”.
I1415
After paragraph (i) of that sub-paragraph there shall be inserted the following paragraph—
ia
for the repayment, in prescribed cases, of the whole or a prescribed part of a Class 1B contribution;
I1416
In paragraph (l) of that sub-paragraph—
a
in sub-paragraph (i), after the words “Class 1A contributions” there shall be inserted the words “or a Class 1B contribution”;
b
in sub-paragraph (ii), after the words “Class 1 contributions” there shall be inserted the words “, a Class 1B contribution”;
c
after that sub-paragraph there shall be inserted the following sub-paragraph—
iia
the whole or part of any payment of a Class 1B contribution to be treated as a payment of secondary Class 1 contributions, Class 1A contributions or Class 2 contributions;
d
in sub-paragraph (iii), for the words “or Class 1A contributions” there shall be substituted the words
, Class 1A contributions or a Class 1B contribution
Social Security Administration Act 1992 (c. 5)
F1278
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
79
I94I117I129I157I2031
In subsection (1) of section 5 of that Act (regulations about claims for and payments of benefit)—
a
for paragraph (e) there shall be substituted the following paragraph—
e
for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of those requirements are found not to have been satisfied;
I239b
paragraphs (n) and (o) shall cease to have effect.
I2372
Subsection (4) of that section shall cease to have effect.
I23880
In subsection (1) of section 6 of that Act (regulations about council tax benefit administration), paragraphs (n) and (o) shall cease to have effect.
I95I118I130I158I20481
1
In subsection (2) of section 71 of that Act (overpayments: general), after the word “shall” there shall be inserted the words “in the case of the Secretary of State or a tribunal, and may in the case of a Commissioner or a court”.
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In subsection (5A) of that section, for the words “revised on a review” there shall be substituted the words “has been revised under section 9 or superseded under section 10 of the Social Security Act 1998”.
I15982
In subsection (1) of section 71A of that Act (recovery of jobseeker’s allowance: severe hardship cases)—
a
for the words “an adjudication officer”, in both places where they occur, there shall be substituted the words “the Secretary of State”; and
b
for the words “the Secretary of State” there shall be substituted the word “he”.
I20583
In section 116 of that Act (legal proceedings), subsection (6) shall cease to have effect.
I96I20684
For section 117 of that Act there shall be substituted the following section—
117Issues arising in proceedings
1
This section applies to proceedings before a court—
a
for an offence under this Act or the [1995 c. 18.] Jobseekers Act 1995; or
b
involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or
c
for the recovery of any sums due to the Secretary of State or the National Insurance Fund.
2
A decision of the Secretary of State which—
a
falls within Part II of Schedule 3 to the Social Security Act 1998 (“the 1998 Act”); and
b
relates to or affects an issue arising in the proceedings,
shall be conclusive for the purposes of the proceedings.
3
If—
a
any such decision is necessary for the determination of the proceedings; and
b
the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the 1998 Act,
the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
4
Subsection (2) above does not apply where, in relation to the decision—
a
an appeal has been brought but not determined;
b
an application for leave to appeal has been made but not determined;
c
an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
d
an application has been made under section 9 or 10 of the 1998 Act.
5
In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.
I4485
Subsection (2) of section 119 of that Act (recovery of unpaid contributions on prosecution) shall cease to have effect.
86
I451
In subsection (1) of section 120 of that Act (proof of previous offences), the words “or (2)(a)” shall cease to have effect.
2
In subsection (3) of that section—
I22a
after the words “Class 1A” there shall be inserted the words “or Class 1B”; and
I45b
for the words “2 years” there shall be substituted the words “6 years”.
3
In subsection (4) of that section—
I22a
after the words “Class 1” there shall be inserted the words “or Class 1B”; and
I45b
for the words “2 years” there shall be substituted the words “6 years”.
I224
After that subsection there shall be inserted the following subsection—
4A
If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date.
I455
In subsection (5) of that section—
a
paragraph (b) and the word “or” immediately preceding that paragraph shall cease to have effect; and
b
for the words “2 years” there shall be substituted the words “6 years”.
I226
In subsection (6) of that section, after the word “(4),” there shall be inserted the word “(4A)”.
I4687
In subsections (1) and (2) of section 121 of that Act (unpaid contributions: supplementary), the words “or (2)(a)” shall cease to have effect.
I97I119I131I160I20788
In subsection (6A) of section 123 of that Act (unauthorised disclosure of information relating to particular persons), for the words “section 54 above” there shall be substituted the words “section 19 of the Social Security Act 1998”.
I98I120I132I161I20889
In subsection (1) of section 125 of that Act (regulations as to notification of deaths), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, the Social Security Act 1998”.
I3190
1
In subsection (1) of section 143 of that Act (power to alter contributions with a view to adjusting level of National Insurance Fund), for paragraphs (a) and (b) there shall be substituted the following paragraphs—
a
the percentage rate specified as the primary percentage in section 8(2);
b
the percentage rate specified as the secondary percentage in section 9(2);
2
In subsection (4) of that section, for paragraph (a) there shall be substituted the following paragraph—
a
to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year;
F891
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I3292
For subsections (1) to (3) of section 145 of that Act (power to alter primary and secondary contributions) there shall be substituted the following subsections—
1
For the purpose of adjusting amounts payable by way of primary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the primary percentage in section 8(2) of the Contributions and Benefits Act.
2
For the purpose of adjusting amounts payable by way of secondary Class 1 contributions, the Secretary of State may at any time make an order altering the percentage rate specified as the secondary percentage in section 9(2) of the Contributions and Benefits Act.
3
No order shall be made under this section so as to increase for any tax year the primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year.
I3393
Section 146 of that Act (power to alter number of secondary earnings brackets) shall cease to have effect.
I3494
In subsections (1), (2) and (3) of section 147 of that Act (orders under sections 145 and 146: supplementary), the words “or 146” shall cease to have effect.
I20995
In subsection (2) of section 159 of that Act (effect of alteration in the component rates of income support), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I16296
In subsection (3) of section 159A of that Act (effect of alteration of rates of a jobseeker’s allowance), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I21097
In subsection (2) of section 160 of that Act (implementation of increases in income support due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I16398
In subsection (2) of section 160A of that Act (implementation of increases in income-based jobseeker’s allowance due to attainment of particular ages), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
99
I41
After subsection (2) of section 162 of that Act (destination of contributions) there shall be inserted the following subsection—
2A
References in subsections (1) and (2) above to contributions include references to payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (payments on account of directors' contributions).
I472
After subsection (4) of that section there shall be inserted the following subsection—
4A
The sums recovered by the Secretary of State under regulations made under paragraph 7A, 7B or 7C of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.
I353
In subsection (5)(b) of that section, for the words “those contributions” there shall be substituted the words “primary Class 1 contributions”.
I184
In subsection (8)(b) of that section, after the words “paragraph (c)” there shall be inserted the words “or (ca)”.
100
I231
In subsection (4) of section 163 of that Act (general financial arrangements), after the words “Class 1A” there shall be inserted the words “or 1B”.
I482
In subsection (5) of that section, after the words “paragraph 6”, in the first place where they occur, there shall be inserted the words “or 7B”.
I99I211101
In section 164 of that Act (destination of payments etc.), subsection (5)(a) shall cease to have effect.
I100I121I164I212102
1
In subsection (1) of section 166 of that Act (financial review and report), in paragraph (d), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.
2
In subsection (2) of that section, in paragraph (c), for the words “so far as it relates” there shall be substituted the words “and Chapter II of Part I of the Social Security Act 1998 so far as they relate”.
I213103
1
In subsection (3)(a) of section 168 of that Act (allocations from social fund), for the words “a particular social fund officer or group of social fund officers” there shall be substituted the words “a particular appropriate officer or group of appropriate officers”.
2
In subsection (5) of that section, for the words “social fund officers”, in each place where they occur, there shall be substituted the words “appropriate officers”.
3
After that subsection there shall be inserted the following subsection—
6
In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.
I12104
In subsection (5) of section 170 of that Act (the Social Security Advisory Committee)—
a
in the definition of “the relevant enactments”, after paragraph (ac) there shall be inserted the following paragraph—
ad
the provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;
b
in the definition of “the relevant Northern Ireland enactments”, after paragraph (ac) there shall be inserted the following paragraph—
ad
any provisions in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;
I83105
In subsection (5) of section 177 of that Act (co-ordination with Northern Ireland)—
a
in paragraph (a), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and
b
in paragraph (b), after the words “Jobseekers Act 1995” there shall be inserted the words “, any enactment in Northern Ireland corresponding to Chapter II of Part I of the Social Security Act 1998”.
I101I133I165I214106
1
In subsection (1) of section 178 of that Act (reciprocal arrangements with Northern Ireland: income-related benefits and child benefit), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
2
In subsection (3) of that section, after the words “Jobseekers Act 1995”, in each place where they occur, there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
I102I122I134I166I215107
1
In subsection (3)(a) of section 179 of that Act (reciprocal agreements with countries outside the United Kingdom), after the words “Jobseekers Act 1995” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
2
After subsection (4)(aa) of that section there shall be inserted the following paragraph—
ab
to Chapter II of Part I of the Social Security Act 1998; and
I103I123I135I167I216108
In section 180 of that Act (payment of travelling expenses by Secretary of State)—
a
in paragraph (a), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”; and
b
in paragraph (b)(i), after the words “the Social Security (Recovery of Benefits) Act 1997” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
I124I136I168I217109
In section 189 of that Act (regulations and orders: general), the following shall cease to have effect, namely—
a
in subsection (1), the words “subsection (2) below and to”;
b
subsection (2);
c
in subsection (4), the words “24 or”;
d
in subsection (5), the words “(other than the power conferred by section 24 above)”;
e
in subsection (6), the word “24,”; and
f
subsection (10).
I218110
1
In subsection (1)(a) of section 190 of that Act (instruments containing provisions under certain provisions to be subject to the affirmative Parliamentary procedure)—
F9a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I36b
“146,” shall cease to have effect.
2
Subsection (4) of that section shall cease to have effect.
I219111
In section 191 of that Act (interpretation)—
a
the definitions of “Commissioner”, “the disablement questions”, “5 year general qualification”, “President” and “10 year general qualification” shall cease to have effect; and
I104b
in the definition of “claimant” (in relation to industrial injuries benefit), for the words “section 44 above” there shall be substituted the words “section 29 of the Social Security Act 1998”.
I125I137I220112
In subsection (5) of section 192 of that Act (short title, commencement and extent), the words “section 24;” shall cease to have effect.
I221113
In Part I of Schedule 4 to that Act (persons employed in social security administration or adjudication)—
a
the entry headed “Adjudication officers” shall cease to have effect;
b
in the entry headed “Adjudicating bodies”, in paragraph (a), for the words “a social security” there shall be substituted the word “an”, and paragraphs (b) to (d) shall cease to have effect;
c
in the entry headed “The Social Fund”, the words “A social fund officer” shall cease to have effect; and
d
at the end of the entry headed “Former officers” there shall be inserted the words—
A Chief Adjudication Officer.
An adjudication officer.
A social fund officer.
A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.
I19114
1
In Part I of Schedule 7 to that Act (regulations not requiring prior submission to Social Security Advisory Committee), in paragraph 3(a), for the words “section 141, 143 or 145 above” there shall be substituted the words “section 141, 143, 143A or 145 above”.
2
In Part II of that Schedule (regulations not requiring prior submission to Industrial Injuries Advisory Council), in paragraph 12, for the words “section 141, 143 or 150 above” there shall be substituted the words “section 141, 143, 143A or 150 above”.
I105115
In paragraph 1(6) of Schedule 9 to that Act (old cases payments administration), after the words “this Act” there shall be inserted the words “, Chapter II of Part I of the Social Security Act 1998”.
I222116
1
In sub-paragraph (1) of paragraph 3 of Schedule 10 to that Act (supplementary benefit), for the words “Sections 20 to 29, 36 to 43, 51 to 61” there shall be substituted the words “Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998”.
2
In sub-paragraph (2) of that paragraph, for the words “section 59 above” there shall be substituted the words “section 16 of the Social Security Act 1998”.
Local Government Finance Act 1992 (c. 14)
I169I223117
In sub-paragraph (2)(a) of paragraph 6 of Schedule 4 to the Local Government Finance Act 1992 (recovery of council tax etc. by deductions from income support or jobseeker’s allowance), for the words “appeals and reviews” there shall be substituted the words “appeals to appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 and decisions under section 9 or 10 of that Act”.
Tribunals and Inquiries Act 1992 (c. 53)
I224118
I75I1701
In subsection (3) of section 6 of the Tribunals and Inquiries Act 1992 (appointment of chairmen of certain tribunals), for the words “paragraph 7, 38(a), 41(a), (b), (c) or (e) or 43” there shall be substituted the words “paragraph 7(b) or 38(a)”.
I1702
Subsection (4) of that section shall cease to have effect.
I171119
In subsection (2) of section 7 of that Act (concurrence required for removal of members of certain tribunals), for “43, 48 or 56(a)” there shall be substituted “48 or 56(a)”.
120
In subsection (5) of section 13 of that Act (power to apply Act to additional tribunals and to repeal or amend certain provisions)—
a
in paragraph (a), for “35(a) and (d)” there shall be substituted “35(d)”; and
I225b
paragraph (b) shall cease to have effect.
I10121
I761
In paragraph 7 of Schedule 1 to that Act (tribunals under direct supervision of Council)—
a
for sub-paragraph (a) there shall be substituted the following sub-paragraph—
a
Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)
b
in sub-paragraph (b), for the words “that Act” there shall be substituted the words “the Child Support Act 1991 (c. 48)”.
I2262
In paragraph 41 of that Schedule—
I126I138I172a
for sub-paragraph (a) there shall be substituted the following sub-paragraph—
a
Appeal tribunals constituted under Chapter I of Part I of the Social Security Act 1998 (c. 14)
I172b
sub-paragraphs (b), (c) and (e) shall cease to have effect; and
I126I138c
in sub-paragraph (d), for the words “section 52 of that Act” there shall be substituted the words “Schedule 4 to the Social Security Act 1998 (c. 14)”.
I77122
1
Paragraph 3 of Schedule 2 to that Act (transitory provisions) shall cease to have effect.
2
In paragraph 4 of that Schedule—
a
in sub-paragraph (a), for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”; and
b
in sub-paragraph (b), for the words “1(b), 2(b) or 3(b)” there shall be substituted the words “1(b) or 2(b)” and for the words “1(a), 2(a) or 3(a)” there shall be substituted the words “1(a) or 2(a)”.
Judicial Pensions and Retirement Act 1993 (c. 8)
I227123
1
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993 (other appointments)—
I127I139a
in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and
I78b
for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—
President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998), appointed under section 5 of that Act
I80I1732
In that Part of that Schedule, the following entries shall cease to have effect, namely—
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals
Chairman of child support appeal tribunals
I228124
1
In Schedule 5 to that Act (retirement provisions: the relevant offices)—
I128I140a
in the entry relating to the Chief or other Social Security Commissioner, for the words “section 52(2) of the Social Security Administration Act 1992” there shall be substituted the words “paragraph 1(2) of Schedule 4 to the Social Security Act 1998”; and
I79b
for the entry relating to the President of social security appeal tribunals, medical appeal tribunals, disability appeal tribunals and child support appeal tribunals there shall be substituted the following entry—
President of appeal tribunals (within the meaning of Chapter I of Part I of the Social Security Act 1998) appointed under section 5 of that Act
I81I1742
In that Schedule, the following entries shall cease to have effect, namely—
Chairman of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals
Chairman of child support appeal tribunals
Chairman of vaccine damage tribunals
I229125
In paragraph 5(5) of Schedule 7 to that Act (ascertainment of potential retirement date), sub-paragraphs (iii) and (iv) shall cease to have effect.
Pension Schemes Act 1993 (c. 48)
I37126
In subsection (2) of section 8 of the Pension Schemes Act 1993 (meaning of “minimum payment” etc.), for the words “section 42A(2)” there shall be substituted the words “section 42A”.
I38127
For subsections (1) and (1A) of section 41 of that Act (reduced rates of Class 1 contributions) there shall be substituted the following subsections—
1
Subsections (1A) to (1C) apply where—
a
the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and
b
the earner’s service in the employment is service which qualifies him for a pension provided by a salary related contracted-out scheme;
and in subsections (1A) and (1B) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).
1A
The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to 1.6 per cent of that part.
1B
The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to 3 per cent of the relevant part of those earnings (“amount C”).
1C
Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992) in respect of amount A.
I39128
For subsections (1) and (2) of section 42A of that Act (reduced rates of Class 1 contributions, and rebates) there shall be substituted the following subsections—
1
Subsections (2) to (3) apply where—
a
the earnings paid to or for the benefit of an earner in any tax week are in respect of an employment which is contracted-out employment at the time of the payment, and
b
the earner’s service in the employment is service which qualifies him for a pension provided by a money purchase contracted-out scheme;
and in subsections (2) and (2A) “the relevant part”, in relation to those earnings, means so much of those earnings as exceeds the current lower earnings limit but not the current upper earnings limit for that week (or the prescribed equivalents if the earner is paid otherwise than weekly).
2
The amount of the primary Class 1 contribution in respect of the relevant part of those earnings (“amount A”) shall be reduced by an amount equal to the appropriate flat-rate percentage of that part.
2A
The amount of any secondary Class 1 contribution in respect of the earnings (“amount B”) shall be reduced by an amount equal to the appropriate flat-rate percentage of the relevant part of those earnings (“amount C”).
2B
Where amount C exceeds amount B, the excess shall be set off against the amount which the secondary contributor is liable to pay (under paragraph 3 of Schedule 1 to the [1992 c. 4.] Social Security Contributions and Benefits Act 1992) in respect of amount A.
I106I230129
In subsection (6)(c) of section 158 of that Act (disclosure of information between government departments etc.), for the words “sections 17 to 62 of the Social Security Administration Act 1992” there shall be substituted the words “Chapter II of Part I of the Social Security Act 1998”.
130
F41
In subsection (3) of section 167 of that Act (application of general provisions relating to administration of social security), for the words “Section 58 of that Act (regulations as to determination of questions and matters arising out of, or pending, reviews and appeals)” there shall be substituted the words “Section 11 of the Social Security Act 1998 (regulations with respect to decisions)”.
I1072
Subsection (4) of that section shall cease to have effect.
I5I82131
For section 170 of that Act there shall be substituted the following section—
170Decisions and appeals
1
Section 2 (use of computers) of the Social Security Act 1998 (“the 1998 Act”) applies as if, for the purposes of subsection (1) of that section, this Act were a relevant enactment.
2
Sections 8, 9 and 10 of the 1998 Act (decisions by the Secretary of State, revision of decisions and decisions superseding earlier decisions) apply as if, for the purposes of section 8(1)(c) of that Act, this Act were a relevant enactment.
3
Regulations may make provision—
a
with respect to the procedure to be adopted on any application made under section 9 or 10 of the 1998 Act by virtue of subsection (2); and
b
generally with respect to such applications, and revisions under section 9 and decisions under section 10,
but may not prevent such a revision or decision being made without such an application.
4
Section 12 of the 1998 Act (appeal to appeal tribunal) applies as if, for the purposes of subsection (1)(b) of that section, any decision of the Secretary of State falling to be made under this Act were a decision falling within Schedule 3 to that Act.
F5132
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Jobseekers Act 1995 (c. 18)
I40133
After subsection (3) of section 2 of the Jobseekers Act (the contribution-based conditions) there shall be inserted the following subsection—
3A
Where primary Class 1 contributions have been paid or treated as paid on any part of a person’s earnings, subsections (2)(b) and (3) above shall have effect as if such contributions had been paid or treated as paid on so much of the earnings as did not exceed the upper earnings limit.
I175134
1
In subsection (6) of section 6 of that Act (availability for employment)—
a
the words “(“the first determination”)” shall cease to have effect; and
b
for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.
2
In subsection (8) of that section, for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I176135
In subsection (7) of section 7 of that Act (actively seeking employment)—
a
the words “(“the first determination”)” shall cease to have effect; and
b
for the words “on a review of the first determination” there shall be substituted the words “under section 9 or 10 of the Social Security Act 1998”.
I177136
1
In subsection (6) of section 9 of that Act (the jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
2
In subsection (7) of that section—
a
for the words “An adjudication officer to whom a reference is made under subsection (6)” there shall be substituted the words “On a reference under subsection (6) the Secretary of State”; and
b
for the words “the adjudication officer” there shall be substituted the words “the Secretary of State”.
3
In subsection (8) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.
4
Subsection (9) of that section shall cease to have effect.
I179137
1
In subsection (5) of section 10 of that Act (variation of jobseeker’s agreement), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
2
In subsection (6) of that section, for the words “An adjudication officer to whom a reference is made under subsection (5)” there shall be substituted the words “On a reference under subsection (5) the Secretary of State”.
3
In subsection (7) of that section, for the words “an adjudication officer”, in each place where they occur, there shall be substituted the words “the Secretary of State”.
4
Subsection (8) of that section shall cease to have effect.
I180138
Section 11 of that Act (jobseeker’s agreement: reviews and appeals) shall cease to have effect.
I181139
1
In subsection (3) of section 16 of that Act (severe hardship), for paragraph (b) there shall be substituted the following paragraph—
b
it appears to him that the person concerned has, without good cause—
i
neglected to avail himself of a reasonable opportunity of a place on a training scheme; or
ii
after a place on such a scheme has been notified to him by an employment officer as vacant or about to become vacant, refused or failed to apply for it or to accept it when offered to him; or
2
For subsection (4) of that section there shall be substituted the following subsection—
4
In this section—
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of this section by an order made by the Secretary of State;
“period” includes—
- a
a period of a determinate length;
- b
a period defined by reference to the happening of a future event; and
- c
a period of a determinate length but subject to earlier determination upon the happening of a future event;
“training scheme” has such meaning as may be prescribed.
I182140
1
In subsection (2) of section 17 of that Act (reduced payments), for the word “either” there shall be substituted the word “any”.
2
In subsection (3) of that section, for paragraph (b) there shall be substituted the following paragraphs—
b
he has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place, and no certificate has been issued to him under subsection (4);
c
he has lost his place on such a scheme through misconduct.
3
For subsections (4) and (5) of that section there shall be substituted the following subsections—
4
Where a young person who has given up a place on a training scheme, or failed to attend such a scheme on which he has been given a place—
a
claims that there was good cause for his doing so; and
b
applies to the Secretary of State for a certificate under this subsection,
the Secretary of State shall, if he is satisfied that there was good cause, issue a certificate to that effect and give a copy of it to the young person.
5
In this section—
“training scheme” has such meaning as may be prescribed;
“young person” means a person who has reached the age of 16 but not the age of 18.
I183141
1
In subsection (3) of section 19 of that Act (circumstances in which a jobseeker’s allowance is not payable), for the words “the adjudication officer” there shall be substituted the words “the Secretary of State”.
2
In subsection (4) of that section, for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I184142
In subsection (2)(b)(ii) of section 20 of that Act (exemptions from section 19), for the words “he has failed to complete a course of training” there shall be substituted the words “the condition mentioned in section 17(3)(b) or (c) is satisfied”.
I185143
In subsections (1) and (2) of section 31 of that Act (termination of awards), for the words “an adjudication officer” there shall be substituted the words “the Secretary of State”.
I186144
In subsection (1) of section 35 of that Act (interpretation)—
a
the definition of “adjudication officer” shall cease to have effect; and
b
in the definition of “entitled”, for the words “sections 1 and 68 of the Administration Act” there shall be substituted the words “section 1 of the Administration Act and section 27 of the Social Security Act 1998”.
I187145
In subsection (1) of section 36 of that Act (regulations and orders), for the words “9(13) or 19(10)(a)” there shall be substituted the words “9(13), 16(4) or 19(10)(a)”.
I188146
In paragraph 10(2) of Schedule 1 to that Act (supplementary provisions), for the words “section 5(1)(n) of the Administration Act” there shall be substituted the words “section 21(2) of the Social Security Act 1998”.
Industrial Tribunals Act 1996 (c. 17)
I178I231147
In subsection (5) of section 16 of the Industrial Tribunals Act 1996 (power to provide for recoupment of benefits)—
a
in paragraph (a), the words “adjudication officers or” shall cease to have effect; and
b
for paragraph (d) there shall be substituted the following paragraphs—
cc
provide for the determination by the Secretary of State of any issue arising as to the total or partial recoupment in pursuance of the regulations of a jobseeker’s allowance, unemployment benefit or income support,
d
confer on an employee a right of appeal to an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998 against any decision of the Secretary of State on any such issue, and
Employment Rights Act 1996 (c. 18)
F3148
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Social Security (Recovery of Benefits) Act 1997 (c. 27)
I232149
I111
For subsection (1) of section 10 of the Social Security (Recovery of Benefits) Act 1997 (review of certificates of recoverable benefits) there shall be substituted the following subsection—
1
Any certificate of recoverable benefits may be reviewed by the Secretary of State—
a
either within the prescribed period or in prescribed cases or circumstances; and
b
either on an application made for the purpose or on his own initiative.
2
At the end of subsection (2) of that section there shall be inserted the words
or
c
revoke the certificate.
I233150
1
At the end of subsection (1) of section 11 of that Act (appeals against certificates of recoverable benefits) there shall be inserted the words
or
c
that listed benefits which have not been, and are not likely to be, paid to the injured person during the relevant period have been brought into account, or
d
that the payment on the basis of which the certificate was issued is not a payment within section 1(1)(a)
2
In subsection (2) of that section, after paragraph (a) there shall be inserted the following paragraph—
aa
(in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or
3
Subsection (6) of that section shall cease to have effect.
I234151
1
For subsections (1) and (2) of section 12 of that Act (reference of questions to medical appeal tribunal) there shall be substituted the following subsection—
1
The Secretary of State must refer an appeal under section 11 to an appeal tribunal.
2
In subsection (3) of that section, for the words “any question referred to it under subsection (1)” there shall be substituted the words “any appeal under section 11”.
3
In subsection (4) of that section—
a
for the words “a reference under subsection (1) a medical appeal tribunal” there shall be substituted the words “an appeal under section 11 an appeal tribunal”; and
b
at the end there shall be inserted the words
or
c
declare that the certificate of recoverable benefits is to be revoked.
4
In subsection (5) of that section—
a
for the words “the decisions of the tribunal on the questions referred to it under subsection (1), he must in accordance with those decisions” there shall be substituted the words “the decision of the tribunal on the appeal under section 11, he must in accordance with that decision”; and
b
at the end there shall be inserted the words
or
c
revoke the certificate.
5
The following shall cease to have effect, namely—
a
subsection (6) of that section;
b
in subsection (7) of that section, the words “under subsection (6)(b)”; and
c
subsection (8) of that section.
I235152
1
In subsection (1) of section 13 of that Act (appeal to social security Commissioner), for the words “a medical appeal tribunal” there shall be substituted the words “an appeal tribunal”.
2
In subsection (2) of that section—
a
the word “or” at the end of paragraph (b) shall cease to have effect; and
b
after that paragraph there shall be inserted the following paragraph—
bb
(in a case where that certificate was issued under section 7(2)(a)) the person to whom it was so issued, or
3
In subsection (3) of that section, for the words “Subsections (7) to (10) of section 23 of the Social Security Administration Act 1992” there shall be substituted the words “Subsections (7) to (12) of section 14 of the Social Security Act 1998”.
4
Subsection (4) of that section shall cease to have effect.
I236153
In section 29 of that Act (general interpretation)—
a
before the definition of “benefit” there shall be inserted the following definition—
“appeal tribunal” means an appeal tribunal constituted under Chapter I of Part I of the Social Security Act 1998;
b
after the definition of “benefit” there shall be inserted the following definition—
“Commissioner” has the same meaning as in Chapter II of Part I of the Social Security Act 1998 (see section 39);