Part I Occupational Pensions

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II Social Security

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 Dock workers.

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

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

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

9—13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 Special hardship allowance.

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

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

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

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

(c) in subsection (6)—

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

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

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

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

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

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

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

15—17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III Statutory Sick Pay

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 Miscellaneous amendments relating to statutory sick pay.

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

Part IV Miscellaneous and Supplementary

Miscellaneous

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 Vaccine damage payments.

In section 1 of the Vaccine Damage Payments Act 1979—

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

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

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

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

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

24 Power to extend Pneumoconiosis etc. (Workers’ Compensation) Act 1979.

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

(a) in section 1—

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

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

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

(b) in section 4(4)—

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

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

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

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

25 Pensions and gratuities for members of certain Boards.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Financial provision.

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

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29 Minor and consequential amendments and repeals.

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

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

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Extent.

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

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

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

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

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

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

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

32 Commencement.

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

(2) The following provisions of this Act—

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

• section 6(5) and (6);

• section 8;

• sections 10 and 11;

• section 13(6) and (7);

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

• section 19;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;

• sections 23 to 28;

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

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

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

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

• the Social Security Act 1981; and

• the Health and Social Security Act 1984;

• sections 30 and 31;

• this section; and

• section 33,

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

(3) The following provisions of this Act—

• section 17;

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

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

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

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

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

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

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

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

33 Citation.

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

(2) This Act may be cited together with—

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

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

as the Social Security Acts 1975 to 1985.

SCHEDULES

SCHEDULE 1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 21.

SCHEDULE 4 Miscellaneous Amendments Relating to Statutory Sick Pay

Attachment of Earnings Act 1971 (c.32)

1 In section 24(1) of the Attachment of Earnings Act 1971(meaning of “earnings”), the following paragraph shall be inserted after paragraph (b)—

“ (c) by way of statutory sick pay. ” .

Social Security Act 1975 (c.14)

2 In subsection (8) of section 22 of the Social Security Act 1975 (maternity allowances), after the word “above” there shall be inserted the words “and Schedule 3, Part I, paragraph 3”.

3—7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 29(1).

SCHEDULE 5 Minor and Consequential Amendments

Social Security Act 1973 (c.38)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1975 (c.14)

5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6 In section 13 of that Act—

(a) in paragraph (a) of subsection (5) (earnings factors), after the word “rise” there shall be inserted the words “, subject to subsection (5A) below,”; and

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

“ (5A) The Secretary of State may by regulations make such modifications of subsection (5)(a) above as appear to him to be appropriate in consequence of section 4(6B) above. ” .

7 The following subsection shall be added at the end of section 18 of that Act (duration of unemployment benefit)—

“ (4) Regulations may provide for treating a person for the purposes of this section as having been entitled to unemployment benefit for any day if he would have been entitled to it but for—

(a) failure to make a claim; or

(b) failure to make a claim within the prescribed time;

but a person is not to be so treated where he shows that he did not intend, by so failing, to avoid the necessity of requalifying for benefit. ” .

8, 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 The following paragraph shall be substituted for subsection (1)(d) of section 124 of that Act (power to increase rates of benefit)—

“ (d) section 30(1) above ” .

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12 In section 167 of that Act (parliamentary control or orders and regulations)—

(a) in subsection (2), for “120 or 122” there shall be substituted “4, 120, 122 or 123A”; and

(b) in subsection (3)—

(i) after “section” there shall be inserted “4”; and

(ii) after “122” there shall be inserted “, 123A”.

13—15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 In section 6 of that Act (rate of Category A retirement pension)—

(a) in subsection (5), for the word “References”, in the first place where it occurs, there shall be substituted the words “Subject to subsection (5A) below, references”; and

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

“ (5A) The Secretary of State may prescribe circumstances in which pensioners’ earnings factors for any relevant year may be calculated in such manner as may be prescribed. ” .

17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 The following subsection shall be substituted for subsection (5) of section 36 of that Act—

“ (5) The widow’s pension need not be in accordance with subsection (2) above in case of the earner dying after termination of his service in the relevant employment having completed in that employment less than five years’ qualifying service for the purposes of Schedule 16 to the Social Security Act 1973 (preservation). ” .

20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 In section 46 of that Act (provisions as to actuarial tables) the words “ sections 44(7), 44A(3) and 45(4) ” shall be substituted—

(a) in subsection (1), for the words “sections 44(7) and 45(4)”; and

(b) in subsection (3), for the words “section 44(7) and 45(4)”.

29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33 The words “ under section 38 of this Act ” shall be omitted from subsection (5)(b) of section 59 of that Act (increase of official pensions).

34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35 In subsection (4) of section 68 of that Act (provisions extending to Northern Ireland) for the words “Section 57 of this Act extends” there shall be substituted the words “Sections 56B, 56N and 57 of this Act extend”.

36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Social Security Act 1980 (c.30)

37 In section 9(7) of the Social Security Act 1980, for the words “the Social Security Acts 1975 to 1984)”, in both places where they occur, there shall be substituted with words “the Social Security Acts 1975 to 1985”.

Social Security and Housing Benefits Act 1982 (c.24)

38 In section 20 of the Social Security and Housing Benefits Act 1982 (offences and penalties) “ 3(4A)(b) ” shall be inserted after “section”.

Health and Social Security Act 1984 (c.48)

39 In section 26(5) of the Health and Social Security Act 1984, for the words from “and” in the first place where it occurs to “extend” there shall be substituted the words “extends”.

Social Security (Contributions) Regulations 1979 (S.I. 1979/591)

40 In regulation 98(c) of the Social Security (Contributions) Regulations 1979(amount of Class 2 contribution of share fishermen) “ £6.30 ” shall be substituted for “£7.55”.

Section 29(2).

SCHEDULE 6 Repeals