Statutory Instruments

1987 No. 1853 (C. 56)

SOCIAL SECURITY

The Social Security Act 1986 (Commencement No. 8) Order 1987

Made

23rd October 1987

The Secretary of State for Social Services, in exercise of the powers conferred on him by section 88(1) of the Social Security Act 1986(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and interpretation

1.—(1) This Order may be cited as the Social Security Act 1986 (Commencement No. 8) Order 1987.

(2) In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.

Appointed days

2.—(1) The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part I of the Schedule to this Order, so far as they relate to housing benefit, is–

(a)in a case where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, 1st April 1988;

(b)in a case where payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof, 1st April 1988;

(c)in any other case, 4th April 1988.

(2) The day appointed for the coming into force of the provisions of the Social Security Act 1986 which are specified in Part II of the Schedule to this Order is 11th April 1988.

Revocation

3. In the Social Security Act 1986 (Commencement No. 7) Order 1987(2), article 2(2) (child benefit claims and payments), article 2(3) (abolition of industrial death benefit), and the commencement in the Schedule to that Order of the repeal in Schedule 11 of sections 67, 68 and 70 to 75 of, and Schedule 9 to, the Social Security Act 1975(3) and section 86(2) so far as it relates to the repeal of those sections and Schedule, are hereby revoked.

Signed by authority of the Secretary of State for Social Services.

Nicholas Scott

Minister of State

Department of Health and Social Security

23rd October 1987

Article 2

SCHEDULE

PART I(provisions coming into force on 1st april 1988 and 4th april 1988)

Provisions of the Social Security Act 1986	Subject matter
Section 20(1), (7), (8), (9), (11) and (12), section 21(4) to (7), section 22, and sections 28, 29, 30(1) to (3) and (5) to (7), and section 31.	Housing benefit
The following paragraphs of Schedule 10 and section 86(1) so far as it relates to those paragraphs–	Minor and consequential amendments
paragraphs 44, 48, 49, 52, 53 and 58 to 60	(housing benefit)
The following repeals in Schedule 11 and section 86(2) so far as it relates to those repeals–	Repeals
Social Security Act 1980(4), in Schedule 3, in Part II, paragraph 15B Social Security and Housing Benefits Act 1982(5)– (i) Part II, (ii) in section 45, in subsection (1), the words from “and any power” to the end, in subsection (2), paragraphs (b) and (c) and subsection (3), (iii) in section 47 in the definition of “benefit” the words “Part II and”, (iv) in Schedule 4, paragraphs 5, 19, 27, 28, 35(1) and (2) Social Security Act 1985(6), section 22, and in section 32(2), the words “section 22(1)(b) and (c) and (2)”	(housing benefit)

PART II(provisions coming into force on 11th april 1988)

Provisions of the Social Security Act 1986	Subject matter
Sections 20, 21 and 22 in so far as they are not brought into force in accordance with Part I of this Schedule	Income support and family credit
Section 23	Trade Disputes
Sections 24 to 26	Liability to maintain
Section 27 for all purposes for which it is not already in force	Prevention of duplication of payments
Section 32 in so far as it is not already in force and sections 33 to 35	Social Fund
Section 39 and Schedule 3 paragraph 8 in so far as they relate to section 67(2)(b) of the Social Security Act 1975	Industrial death benefit
Section 65(4)	Reciprocal arrangements
Section 77	Refreshments for school pupils
Section 79(3)	Crown employment and family credit
Schedule 7 paragraph 3 in so far as it is not already in force and section 73 so far as it relates to it	Claims and payments
The following paragraphs of Schedule 10 and section 86(1) so far as it relates to those paragraphs—	Minor and consequential amendments
paragraphs 32 to 43, 45 to 47, 48 for all purposes for which it is not already in force, 50, 51, 54 to 57 and 61	(income support and family credit)
paragraph 108 in so far as it is not already in force	(forfeiture)
The following repeals in Schedule 11 and section 86(2) so far as it relates to those repeals–	Repeals
National Assistance Act 1948(7), in section 43(6), the words “, whether before or after the commencement of the Supplementary Benefits Act 1976,” in section 50(4), the words “or subsection (3)” and the words from “less” to the end, and section 53	(supplementary benefit)
Family Income Supplements Act 1970(8), in so far as it is not already repealed	(family income supplement)
Pensioners and Family Income Supplement Payments Act 1972(9), in so far as it is not already repealed
National Insurance Act 1974(10), in section 6(1), the words “the Supplementary Benefits Act 1976, the Family Income Supplements Act 1970,”	(supplementary benefit and family income supplement)
Social Security Act 1975–
(i)section 67(2)(b),	(industrial death benefit)
(ii)in section 143(1), the words “relating to social security”	(reciprocity with other countries)
Supplementary Benefits Act 1976(11)– (i) sections 1 to 11, (ii) sections 13 to 19, (iii) section 21, (iv) sections 24, 25 and 27, (v) sections 31 to 34, (vi) Schedule 1, (vii) in Schedule 5, in paragraph 1(2), the words from the beginning to “and” in the first place where it occurs, (viii) in Schedule 7, paragraphs 1(b) and (d), 3(a), 5, 19, 21, 23, 24, 31, 33 and 37	(supplementary benefit)
Social Security (Miscellaneous Provisions) Act 1977(12), in section 18, in subsection (1) in paragraph (a) the words “and the Supplementary Benefits Act 1976”, and in section 22, subsection (16)	(supplementary benefit and family income supplement)
Employment Protection (Consolidation) Act 1978(13), in section 132, in subsection (6), the definition of “supplementary benefit”	(supplementary benefit)
Social Security Act 1979(14), in Schedule 3, paragraphs 1, 2, and 24 to 27	(supplementary benefit and family income supplement)
Social Security Act 1980(15)– (i) section 7, (ii) in section 8, in subsection (1), the words “or 7”, (iii) in section 9(7), the words “the Family Income Supplements Act 1970” and the words “and the Supplementary Benefits Act 1976”, (iv) in section 18, in subsection (1), the words “the Family Income Supplements Act 1970;”, the words “the Supplementary Benefits Act 1976” and the word “and” immediately preceding them, (v) in Schedule 2, paragraphs 1 to 10, 12 to 18 and 22 to 30, (vi) in Schedule 3, in Part II, paragraphs 11 and 15
Social Security (No. 2) Act 1980(16) section 6	(supplementary benefit)
Social Security Act 1981(17), section 4 and in Schedule 1, paragraphs 8 and 9
Social Security and Housing Benefits Act 1982(18) section 38, section 44(1)(a), and in Schedule 4, paragraphs 2, 4, and 23 to 25	(supplementary benefit and family income supplement)
Health and Social Services and Social Security Adjudications Act 1983(19), section 19(2) and Schedule 8 Part III and Part IV, in so far as that Part is not already repealed
Law Reform (Parent and Child) (Scotland) Act 1986(20), in Schedule 1, paragraph 16 and in Schedule 2, the entry relating to the Supplementary Benefits Act 1976	(supplementary benefit)

Explanatory Note

(This note is not part of the Order)

Article 2(1) of this Order brings into force the provisions of the Social Security Act 1986 relating to housing benefit which are specified in Part I of the Schedule, including consequential amendments and repeals–

(a)on 1st April 1988 where rent is payable at any interval which is not a week or a multiple thereof, or where payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof, and

(b)on 4th April 1988 in any other case.

Article 2(2) of the Order brings into force the provisions of the Social Security Act 1986 which are specified in Part II of the Schedule on 11th April 1988. Part II includes all those provisions concerned with income support, family credit and the social fund, in so far as they have not already been brought into force. Part II also covers industrial death benefit, reciprocal arrangements, refreshments for school pupils, claims and payments and consequential amendments and repeals.

Article 3 revokes articles 2(2) and 2(3) of the Social Security Act 1986 (Commencement No. 7) Order 1987 which respectively appointed 6th April 1988 as the day for the commencement of Schedule 10, paragraph 96 (child benefit claims and payments) and section 86(1) so far as it relates to it; and 10th April 1988 as the day for the commencement of Schedule 3 paragraphs 8, 9 and 10 (abolition of industrial death benefit) and section 39 so far as it relates to those paragraphs. Article 3 also revokes the consequential repeal in Schedule 11 of sections 67, 68 and 70 to 75 of, and Schedule 9 to, the Social Security Act 1975 and section 86(2) so far as it relates to those repeals.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

Provisions	Date of Commencement	S.I. No.
s.1	4.1.88	1987/543
s.2, Sch 1	1.5.87	1987/543
s.3	4.1.88	1987/543
s.4	4.1.88	1987/543
s.5	4.1.88	1987/543
s.6, Sch 2	6.4.88	1987/543
s.7	6.4.88	1987/543
s.8	1.11.86	1986/1719
s.9	6.4.88	1987/543
s.10	6.4.88	1987/543
s.11	6.4.87	1986/1719
s.12 (in certain respects)	4.1.88	1987/543
(in all other respects)	6.4.88	1987/543
s.13	1.5.87	1987/543
s.14	1.5.87	1987/543
s.15 (in certain respects)	4.1.88	1987/543
(in all other respects)	6.4.88	1987/543
s.16	1.11.86	1986/1719
s.17	1.5.87	1987/543
s.18(1)	6.4.87	1987/354
s.18(2) to (6)	6.4.88	1987/543
s.19	6.4.88	1987/543
s.27 (partially)	6.4.87	1986/1959
s.32 (partially)	6.4.87	1986/1959
s.36	11.4.88	1987/1096
s.38 (partially)	6.4.87	1986/1959
s.39, Sch 3 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1987/354
(partially)	10.4.88	1987/1096
(partially)	11.4.88	1987/1096
ss.40 and 41	6.4.87	1986/1959
s.42 (with saving)	5.10.86	1986/1609
ss. 43 and 44	5.10.86	1986/1609
s.46 (partially)	15.3.87	1986/1959
(partially)	6.4.87	1986/1959
ss. 47 and 48	6.4.87	1986/1959
s.49, Sch 4 (partially)	15.3.87	1986/1959
(partially)	6.4.87	1986/1959
s.50	6.4.87	1986/1959
s.51 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1986/1959
(partially)	11.4.88	1987/1096
s.52, Sch 5 (with saving)	6.4.87	1986/1958
ss. 53 to 60	6.4.87	1986/1959
s.62	1.10.86	1986/1609
s.65 (partially)	11.4.88	1987/1096
s.66, Sch 6	11.4.88	1987/1096
s.67 (partially)	1.10.86	1986/1609
(partially)	6.4.87	1986/1959
ss. 68 to 69	6.4.87	1986/1959
s.71 (partially)	1.10.86	1986/1609
s.73, Sch 7 (partially)	6.4.87	1986/1959
s.75, Sch 8	6.4.87	1986/1959
s.78	11.4.88	1987/1096
s.79 (partially)	6.4.87	1986/1959
(partially)	1.5.87	1987/543
s.80 (partially)	6.4.87	1986/1959
(partially)	1.5.87	1987/543
s.82, Sch 9	6.4.87	1986/1958
s.86(1), Sch 10 (partially)	1.10.86	1986/1609
(partially)	1.11.86	1986/1719
(partially)	6.4.87	1986/1719
(partially)	6.4.87	1986/1959
(partially)	6.4.87	1987/354
(partially)	1.5.87	1987/543
(partially)	4.1.88	1987/543
(partially)	6.4.88	1987/543
(partially)	26.6.87	1987/1096
(partially)	11.4.88	1987/1096
s.86(2), Sch 11 (partially)	1.10.86	1986/1609
(partially)	5.10.86	1986/1609
(partially)	1.11.86	1986/1719
(partially)	6.4.87	1986/1959
(partially)	7.4.87	1986/1959
(partially)	6.4.87	1987/354
(partially)	4.1.88	1987/543
(partially)	6.4.88	1987/543
(partially)	26.6.87	1987/1096
(partially)	11.4.88	1987/1096