Social Security Act 1989

1989 CHAPTER 24

An Act to amend the law relating to social security and occupational and personal pension schemes; to make provision with respect to certain employment-related benefit schemes; to provide for the recovery, out of certain compensation payments, of amounts determined by reference to payments of benefit; to make fresh provision with respect to the constitution and functions of war pensions committees; and for connected purposes.

[21st July 1989]

Contributions

1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Earnings factors.

(1)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Earnings Factor Regulations, as in force for the purpose of determining earnings factors for the tax years beginning with 6th April 1985 and 6th April 1986, shall have effect, and be taken always to have had effect, with the substitution in paragraph 3 of Schedule 1 (which, as amended by regulation 2(3) of the Amending Regulations, provided in certain cases for the aggregation of separate contributions) for the words from “where the values” to “those sums” of the words—

“ where, in the case of any two or more separate sums—

(a) the values to be accorded to F (apart from this paragraph) would fall to be ascertained under the same paragraph of paragraph 2(e) above, and

(b) the values to be so accorded to G would fall to be ascertained under the same paragraph of paragraph 2(f) above,

those sums ” .

(6) In subsection (5) above—

“ the Earnings Factor Regulations ” means the Social Security (Earnings Factor) Regulations 1979; and
“ the Amending Regulations ” means the Social Security (Earnings Factor) Amendment Regulations 1985.

(7) The amendment by subsection (5) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision, whether in relation to the tax years there mentioned or otherwise.

(8) The Social Security (Earnings Factor) Amendment Regulations 1988 shall have effect, and be deemed always to have had effect, as if the amendment made by subsection (3) above had come into force before the making of those regulations.

Liability to maintain children

5 Liability of parants to maintain children under the age of nineteen in respect of whom income support is paid.

(1)–(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 17(2)(a) of the Merchant Shipping Act 1970(seaman’s dependants to consists of his spouse and certain persons under the age of sixteen) for the word “sixteen” there should be substituted the word “ nineteen”.

Benefits under the principal Act

6 Benefits for women widowed before 11th April 1988.

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

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

(3) The Social Security Benefit (Dependency) Amendment Regulations 1989 shall have effect, and be taken always to have had effect, with the insertion after regulation 3 (which made amendments concerning widowed mother’s allowance to regulation 4B of the Social Security Benefit (Dependency) Regulations 1977) of the following—

The first amendment made by regulation 3 above shall not have effect in relation to a widow whose late husband died before 11th April 1988. ”

(4) In any case where—

(a) a claim for a widow’s pension or a widowed mother’s allowance is made, or treated as made, before the passing of this Act, and

(b) the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after its passing she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

(5) Where, apart from section 165A of the principal Act (making of claim a condition of entitlement), a widow falling within subsection (1) above would be entitled to a widow’s pension for any period beginning on or after 11th April 1988, then, notwithstanding anything in that section, she shall be entitled to that pension for that period if she has made a claim for it before the end of the period of twelve months beginning with the passing of this Act.

(6) Where a widow’s late husband died on or after 7th October 1987 and before 11th April 1988 and, apart from section 165A of the principal Act, she would have become entitled to a widow’s allowance on his death, then if either—

(a) she was over the age of 40 but under the age of 55 at the time of his death, or

(b) she would, apart from that section, have been entitled to a widowed mother’s allowance on the cessation of her entitlement to the widow’s allowance,

she shall, notwithstanding anything in that section, be entitled to the widow’s allowance (and, accordingly, in a case falling within paragraph (b) above, to the widowed mother’s allowance) if she has made a claim, or is treated as having made a claim, for it before the end of the period of twelve months beginning with the passing of this Act.

(7) Where in consequence of any of the amending provisions an adjudicating authority has decided before the passing of this Act that a widow whose husband died before 11th April 1988 either—

(a) is not entitled to a benefit under section 25 or 26 of the principal Act, or

(b) is entitled to such a benefit at a particular rate,

an adjudication officer may review that decision, notwithstanding anything in section 25 of the Social Security Administration Act 1992 .

(8) In any case where—

(a) it is determined on such a review that the widow in question was entitled to a benefit under section 25 or 26 of the principal Act, or was entitled to such a benefit at a higher rate, and

(b) the application for the review was made before the end of the period of twelve months beginning with the passing of this Act,

the decision on the review may take effect on 11th April 1988 or any later date, notwithstanding any provision of any Act or instrument restricting the payment of any benefit or increase of benefit to which a person would otherwise be entitled by reason of a review in respect of any period before the review.

(9) Section 28 of the Social Security Administration Act 1992 (appeals from reviews) shall apply in relation to a review under this section as it applies in relation to a review Section 25 of that Act .

(10) In this section—

“ adjudicating authority ” means—

(a) an adjudication officer;

(b) a social security appeal tribunal;

“ the amending provisions ” are—

(a) section 36(3) of the 1986 Act; and

(b) regulation 2(6) of the Social Security (Widow’s Benefit and Retirement Pensions) Amendment Regulations 1987 (deemed entitlement to child allowance for purposes of widowed mother’s allowance etc ).

(11) The amendment by this section of provisions contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending those provisions.

(12) Nothing in this section shall be taken to prejudice section 16 or 17 of the Interpretation Act 1978(effect of repeals, substitutions etc).

7

(1)–(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9–19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Recovery from damages etc of sums equivalent to benefit

22 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.

(1)–(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Schedule 4 to this Act shall have effect for the purpose of supplementing the provisions of this section; and this section shall have effect subject to the provisions of that Schedule.

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational and personal pensions etc

23 Equal treatment for men and women.

Schedule 5 to this Act shall have effect for the purpose of implementing the directive of the Council of the European Communities, dated 24th July 1986, relating to the principle of equal treatment for men and women in occupational social security schemes, and of making additional, supplemental and consequential provision.

24 Miscellaneous amendments relating to pensions.

The enactments and instruments mentioned in Schedule 6 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.

War pensions committees

25 Establishment and functions of war pensions committees.

(1) The Secretary of State may by regulations establish committees, known as war pensions committees, for such areas as may be specified in the regulations; and the regulations may, in particular, include provisions with respect to—

(a) the membership of the committees;

(b) the manner in which the members are to be appointed and the period for which, and the terms on which, they are to hold office; and

(1A) The regulations may give the committees functions relating to one or more of the following—

(a) war pensions;

(b) war pensioners;

(d) AFCS benefit recipients.

(2) ... the regulations may, in particular, provide that it is a function of a committee —

(a) to consider any matter connected with war pensions or AFCS benefits or affecting people in its area who are war pensioners or AFCS benefit recipients and, where it thinks it appropriate, to make recommendations to the Secretary of State about that matter;

(b) to consider complaints made to it by people receiving or claiming war pensions or AFCS benefits and, if it thinks fit, to make representations about those complaints to the Secretary of State;

(c) to consider any matters referred to it by the Secretary of State and to report to him on those matters with such recommendations as it may think fit; and

(d) to assist the War Pensioners’ Welfare Service in looking after the welfare of people in its area who are war pensioners or AFCS benefit recipients .

(3) The regulations may include provisions with respect to the manner in which the committees are to discharge the functions conferred on them; and they shall exercise their functions subject to, and in accordance with, any such provisions.

(3A) The regulations may provide for the committees to have names specified in the regulations (as well as being known as war pensions committees).

(4) In this section—

“ AFCS benefit ” means a benefit payable under an armed and reserve forces compensation scheme established by order under section 1(2) of the Armed Forces (Pensions and Compensation) Act 2004;
“ AFCS benefit recipient ” means a person in receipt of an AFCS benefit, in the person's capacity as such;
“ war pension ” means—

(a) any pension or other benefit, payable otherwise than under an enactment, for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces of the Crown,

(b) any pension or benefit awarded under—

(i) the Personal Injuries (Emergency Provisions) Act 1939,

(ii) the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or

(iii) the Polish Resettlement Act 1947,

(c) any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the Statute Law Revision Act 1958(seamen and fishermen killed or injured in the 1914-1918 war),

(d) any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section,

but does not include any pension or benefit administered by the Defence Council or the Commissioners for the Royal Hospital for Soldiers at Chelsea, or a pension or benefit administered by the Minister of the Crown with responsibility for defence (except one administered by him in the exercise of functions transferred to him from the Secretary of State for Social Security); and

“ war pensioner ” means a person in receipt of a war pension, in his capacity as such a pensioner.

(5) In section 9(1) of the Chronically Sick and Disabled Persons Act 1970(central advisory committee to include chairmen of at least 12 war pensions committees) for the words “by schemes under section 1 of that Act” there shall be substituted the words “by regulations under section 25 of the Social Security Act 1989”.

(6) In the War Pensions Act 1921—

(a) sections 1 and 2 (which are superseded by this section) shall cease to have effect; and

(b) in section 3 (constitution of central advisory committee) for the words “under this Act” there shall be substituted the words “under section 25 of the Social Security Act 1989”.

General and supplementary provisions

26 Pre-consolidation amendments.

(1) The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of enactments relating to social security or pensions.

(2) The amendment by that Schedule of any provision contained in any enactment by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that provision.

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

28 Financial provisions.

(1) There shall be paid out of money provided by Parliament—

(a) any expenses incurred under this Act by a Minister of the Crown; and

(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.

(2) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under sections . . . , 6, 7, . . . above, excluding any category of expenses or payments which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.

(3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) There shall be paid into the Consolidated Fund any increase by virtue of this Act in the sums so payable by virtue of any other Act.

29 Regulations and orders: general provisions.

(1) Subject to the following provisions of this section, section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 shall apply in relation to any power conferred by any provision of this Act to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.

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

(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) any regulations or orders under this Act, other than orders under section 33 below, and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A power conferred by this Act to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30 Interpretation.

(1) In this Act, unless the context otherwise requires—

“ the 1973 Act ” means the Social Security Act 1973;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ the 1986 Act ” means the Social Security Act 1986;
“ Commissioner ” has the same meaning as it has in the principal Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“ the Pensions Act ” means the Social Security Pensions Act 1975;
“ prescribe ” means prescribe by regulations;
“ the principal Act ” means the Social Security Act 1975;
“ regulations ” means regulations made by the Secretary of State.

(2) In this Act references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.

31 Minor and consequential amendments, repeals and transitional provisions.

(1) The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).

(2) The enactments mentioned in Schedule 9 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.

(3) The Secretary of State may by regulations make—

(a) such transitional provision,

(b) such consequential provision, or

as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

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

33 Short title, commencement and extent.

(1) This Act may be cited as the Social Security Act 1989; and this Act, other than section 25, and the Social Security Acts 1975 to 1988 may be cited together as the Social Security Acts 1975 to 1989.

(2) Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.

(3) The provisions referred to in subsection (2) above are the following—

(a) sections 2, 3, 4, 6, 14 to 20, 28, 29, 30, 31(3), 32 and this section;

(b) Schedule 2;

(d) paragraphs 6 to 8, 14 and 16 to 21 of Schedule 6 (and section 24 so far as relating to those paragraphs);

(e) paragraphs 2 to 7, 13 and 15 of Schedule 7 (and section 26 so far as relating to those paragraphs);

(f) paragraphs 1, 4 to 6, 8 to 13, 17 and 18 of Schedule 8 (and section 31 so far as relating to those paragraphs);

(g) the repeals in Schedule 9 to the extent that they are consequential on any provision specified in paragraphs (a) to (f) above (and section 31 so far as relating to those repeals).

(4) Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.

(5) Paragraph 12 of Schedule 4 does not extend to Scotland.

(6) Sections 25, 31(3), 32 and this section and paragraph 20A of Schedule 4 extend to Northern Ireland.

(7) Except as provided by this section, this Act does not extend to Northern Ireland.

SCHEDULES

Section 7

SCHEDULE 1 Abolition of Earnings Rule Etc.

1–10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Occupational and personal pensions

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

SCHEDULES 2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Section 22.

SCHEDULE 4 Recovery of Sums Equivalent to Benefit from Compensation Payments in respect of Accidents etc: Supplementary Provision

Parts I—III . . .

Part IV MISCELLANEOUS

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

Modification of Law Reform (Personal Injuries) Act 1948

22 (1) In section 2 of the Law Reform (Personal Injuries) Act 1948, in subsection (1) (which requires that, in assessing damages, half of certain benefits shall be brought into account against loss of profits or earnings)—

(a) after the word “contract),” there shall be inserted the words “ where this section applies ” ;

(b) for the words from “against any loss” to “from the injuries” there shall be substituted the words “ against them ” ; and

(a) any of the relevant benefits, within the meaning of section 22 of the Social Security Act 1989, or

(b) any corresponding benefits payable in Northern Ireland,

for the five years beginning with the time when the cause of action accrued. ”

(2) After that subsection there shall be inserted—

“ (1A) This section applies in any case where the amount of the damages that would have been awarded apart from any reduction under subsection (1) above is less than the sum for the time being prescribed under paragraph 4(1) of Schedule 4 to the Social Security Act 1989(recoupment of benefit: exception for small payments). ”

(3) Subsection (2) of that section (disregard of increase for constant attendance) shall cease to have effect.

Modification of Bankruptcy (Scotland) Act 1985

23 In section 31 of the Bankruptcy (Scotland) Act 1985(vesting of debtor’s estate at date of sequestration) in subsection (8) after the words “subsection (9) below” there shall be inserted the words “ and to paragraph 8(2) of Schedule 4 to the Social Security Act 1989. ”

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

Section 23.

Part I Compliance by Schemes

Schemes to comply with the principle of equal treatment

1 Every employment-related benefit scheme shall comply with the principle of equal treatment.

The principle

2 (1) The principle of equal treatment is that persons of the one sex shall not, on the basis of sex, be treated less favourably than persons of the other sex in any respect relating to an employment-related benefit scheme.

(2) Sub-paragraphs (3) to (6) below have effect, where applicable, for the purpose of determining whether a scheme complies with the principle of equal treatment.

(3) Where any provision of the scheme imposes on both male and female members a requirement or condition—

(a) which is such that the proportion of persons of the one sex (“the sex affected”) who can comply with it is considerably smaller than the proportion of persons of the other sex who can do so, and

(b) which is not justifiable irrespective of the sex of the members,

the imposition of that requirement or condition shall be regarded as less favourable treatment of persons of the sex affected.

(4) No account shall be taken of—

(a) any difference, on the basis of the sex of members, in the levels of contributions—

(i) which members are required to make, to the extent that the difference is justifiable on actuarial grounds, or

(ii) which the employer makes, to the extent that the difference is for the purpose of removing or limiting differences, as between men and women, in the amount or value of money purchase benefits;

(b) any difference, on the basis of sex, in the amount or value of money purchase benefits, to the extent that the difference is justifiable on actuarial grounds;

(d) any permitted age-related differences;

(e) any difference of treatment in relation to benefits for a deceased member’s surviving husband, wife or other dependants;

(f) any difference of treatment in relation to any optional provisions available; or

(g) any provisions of a scheme to the extent that they have been specially arranged for the benefit of one particular member of the scheme

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

(5) Where the scheme treats persons of the one sex differently according to their marital or family status, that treatment is to be compared with the scheme’s treatment of persons of the other sex who have the same status.

(6) The principle of equal treatment applies in relation to members’ dependants as it applies in relation to members.

(7) If any question arises whether a condition or requirement falling within sub-paragraph (3)(a) above is or is not justifiable irrespective of the sex of the members, it shall be for those who assert that it is so justifiable to prove that fact.

(8) In this paragraph—

“ money purchase benefits ” has the same meaning given by section 181(1) of the Pension Schemes Act 1993 , but with the substitution for references to a personal or occupational pension scheme of references to an employment-related benefit scheme;
“ optional provisions available ” means those provisions of a scheme—

(a) which apply only in the case of members who elect for them to do so; and

(b) whose purpose is to secure for those members—

(i) benefits in addition to those otherwise provided under the scheme; or

(ii) a choice with respect to the date on which benefits under the scheme are to commence; or

(iii) a choice between any two or more benefits;

“ permitted age-related difference ” means any difference, on the basis of sex, in the age—

(a) at which a service-related benefit in respect of old age or retirement commences; or

(b) at which, in consequence of the commencement of such a benefit, any other service-related benefit either ceases to be payable or becomes payable at a reduced rate calculated by reference to the amount of the benefit so commencing.

(9) For the purposes of this paragraph—

(a) any reference to a person’s family status is a reference to his having an unmarried partner or any dependants; and

(b) a person “ has an unmarried partner ” if that person and some other person to whom he is not married live together as husband and wife.

Non-compliance: compulsory levelling up

3 (1) To the extent that any provision of an employment-related benefit scheme does not comply with the principle of equal treatment, it shall be overridden by this Schedule and the more favourable treatment accorded to persons of the one sex shall also be accorded to persons of the other sex.

(2) Where more favourable treatment is accorded to any persons by virtue of sub-paragraph (1) above, that sub-paragraph requires them, in accordance with the principle of equal treatment—

(a) to pay contributions at a level appropriate to the treatment so accorded; and

(b) to bear any other burden which is an incident of that treatment;

but persons of either sex may instead elect to receive the less favourable treatment and, in accordance with the principle of equal treatment, pay contributions at the level appropriate to that treatment and bear the other burdens incidental to it.

(3) Where any provision of a scheme is overridden by sub-paragraph (1) above, nothing in this Schedule shall affect any rights accrued or obligations incurred during the period before the date on which that provision is so overridden.

(4) Sub-paragraph (1) above is without prejudice to the exercise, in compliance with the principle of equal treatment, of any power to amend the scheme.

Modification of schemes by the Occupational Pensions Board

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

Unfair maternity provisions

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

Unfair paternity leave provisions

5A (1) Where an employment-related benefit scheme includes any unfair paternity leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

(2) In this paragraph “ unfair paternity leave provisions ”, in relation to an employment-related benefit scheme, means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid paternity leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid paternity leave, to be determined otherwise than in accordance with the normal employment requirement.

(3) In the case of any unfair paternity leave provision—

(a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

(b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid paternity leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory paternity pay actually paid to or for him in respect of that period.

(4) In this paragraph—

“period of paid paternity leave”, in the case of a member, means a period—
(a)
throughout which the member is absent from work in circumstances where sub-paragraph (5), (6) , (7) , (7A) or (7B) ... applies, and
(b)
for which the employer (or if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory paternity pay ; and
“the normal employment requirement” is the requirement that any period of paid paternity leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

(5) This sub-paragraph applies if—

(a) the member’s absence from work is due to the birth or expected birth of a child, and

(b) the member satisfies the conditions prescribed under section 171ZA(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992 in relation to that child.

(6) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement or expected placement of a child for adoption under the law of any part of the United Kingdom, and

(b) the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act in relation to that child.

(7) This sub-paragraph applies if—

(a) the member’s absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve the placement of the child for adoption under the law of any part of the United Kingdom, and

(b) the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of that Act (as applied by virtue of section 171ZK(1) of that Act (adoption cases not involving placement under the law of the United Kingdom)) in relation to that child.

(7A) This sub-paragraph applies if—

(a) the member's absence from work is due to the placement or expected placement of a child under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 , and

(b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as modified—

(i) in relation to a local authority in England, by section 171ZB(8) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

(ii) in relation to a local authority in Wales, by section 171ZB(10) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter)

(7B) This sub-paragraph applies if—

(a) the member's absence from work is due to the birth or expected birth of a child, and

(b) in relation to that child, the member satisfies the conditions prescribed under section 171ZB(2)(a)(i) and (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZK(2) of that Act (cases involving applicants for parental orders under section 54 of the Human Fertilisation and Embryology Act 2008).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unfair adoption leave provisions

5B (1) Where an employment-related benefit scheme includes any unfair adoption leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

(2) In this paragraph “ unfair adoption leave provisions ”, in relation to an employment-related benefit scheme, means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid adoption leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid adoption leave, to be determined otherwise than in accordance with the normal employment requirement.

(3) In the case of any unfair adoption leave provision—

(a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

(b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid adoption leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory adoption pay actually paid to or for him in respect of that period.

(4) In this paragraph—

“period of paid adoption leave”, in the case of a member, means a period—
(a)
throughout which the member is absent from work in circumstances where sub-paragraph (5) , (6), (7) or (8) applies, and
(b)
for which the employer (or, if he is no longer in his employment, his former employer) pays him any contractual remuneration or statutory adoption pay; and
“the normal employment requirement” is the requirement that any period of paid adoption leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so.

(5) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement, or expected placement, of a child for adoption under the law of any part of the United Kingdom, and

(b) the member is a person with whom the child is, or is expected to be, placed for such adoption.

(6) This sub-paragraph applies if—

(b) the member is a person by whom the child has been or is expected to be adopted.

(7) This sub-paragraph applies if—

(b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as modified—

(i) in relation to a local authority in England, by section 171ZL(9) of that Act (cases involving the placing of a child by a local authority in England with a local authority foster parent who has been approved as a prospective adopter);

(ii) in relation to a local authority in Wales, by section 171ZL(11) of that Act (cases involving the placing of a child by a local authority in Wales with a local authority foster parent who has been approved as a prospective adopter).

(8) This sub-paragraph applies if—

(a) the member's absence from work is due to the birth or expected birth of a child, and

(b) in relation to that child, the member satisfies the condition in section 171ZL(2)(a) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZT(2) of that Act (cases involving applicants for parental orders under section 54 or 54A of the Human Fertilisation and Embryology Act 2008).

Unfair shared parental leave provisions

5C (1) Where an employment-related benefit scheme includes any unfair shared parental leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3), this Schedule shall apply accordingly.

(2) In this paragraph “ unfair shared parental leave provisions ”, in relation to an employment-related benefit scheme, means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid shared parental leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid shared parental leave, to be determined otherwise than in accordance with the normal employment requirement.

(3) In the case of any unfair shared parental leave provision—

(a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

(b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid shared parental leave, a member shall only be required to pay contributions on the amount of contractual remuneration or statutory shared parental pay actually paid to or for the member in respect of that period.

(4) In this paragraph—

“the normal employment requirement” is the requirement that any period of paid shared parental leave shall be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;
“ period of paid adoption leave ” has the same meaning as in paragraph 5B;
“ period of paid paternity leave ” has the same meaning as in paragraph 5A;
“period of paid shared parental leave”, in the case of a member, means a period—
(a)
throughout which the member is absent from work in circumstances where sub-paragraph (5), (6), (7), (8), (9) or (10) applies, and
(b)
for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory shared parental pay.

(5) This sub-paragraph applies if—

(a) the member's absence from work is due to the birth of a child,

(b) the member is the mother of the child, and

(6) This sub-paragraph applies if—

(a) the member's absence from work is due to the birth of a child,

(b) the member is a person who satisfies the conditions prescribed under section 171ZU(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

(7) This sub-paragraph applies if—

(a) the member's absence from work is due to the placement of a child for adoption under the law of any part of the United Kingdom,

(b) the member is—

(i) a person with whom a child is placed for adoption under the law of any part of the United Kingdom, or

(ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992 in relation to the child, and

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(8) This sub-paragraph applies if—

(a) the member’s absence from work is due to the placement of a child under—

(i) section 22C of the Children Act 1989 by a local authority in England, or

(ii) section 81 of the Social Services and Well-being (Wales) Act 2014 by a local authority in Wales,

with a local authority foster parent who has been approved as a prospective adopter,

(b) the member is—

(i) the local authority foster parent with whom the child in question is placed under section 22C of the Children Act 1989 or section 81 of the Social Services and Well-being (Wales) Act 2014 , or

(ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as modified by section 171ZV(18) of that Act (cases involving the placing of a child by a local authority in England or Wales with a local authority foster parent who has been approved as a prospective adopter), in relation to the child, and

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(9) This sub-paragraph applies if—

(a) the member's absence from work is due to the adoption or expected adoption of a child who has entered the United Kingdom in connection with or for the purposes of adoption which does not involve placement of the child for adoption under the law of any part of the United Kingdom,

(b) the member is—

(i) the person who has adopted or expects to adopt the child in question, or

(ii) a person who satisfies the conditions prescribed under section 171ZV(4)(b)(i) or (ii) of the Social Security Contributions and Benefits Act 1992, as applied by virtue of section 171ZZ5(1) of that Act (adoption cases not involving placement under the law of the United Kingdom), in relation to the child, and

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.

(10) This sub-paragraph applies if—

(a) the member's absence from work is due to the birth of a child,

(b) the member is a person who has applied, or intends to apply, for a parental order under section 54 of the Human Fertilisation and Embryology Act 2008 in relation to the child, and

(i) a period of paid paternity leave, or

(ii) a period of paid adoption leave.

Unfair parental bereavement leave provisions

5D (1) Where an employment-related benefit scheme includes any unfair parental bereavement leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3), this Schedule is to apply accordingly.

(2) In this paragraph “ unfair parental bereavement leave provisions ”, in relation to an employment-related benefit scheme, means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid parental bereavement leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid parental bereavement leave, to be determined otherwise than in accordance with the normal employment requirement.

(3) In the case of any unfair parental bereavement leave provision—

(a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

(b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid parental bereavement leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory parental bereavement pay actually paid to or for the member in respect of that period.

(4) In this paragraph—

“the normal employment requirement” is the requirement that any period of paid parental bereavement leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;
“period of paid parental bereavement leave”, in the case of a member, means any period—
(a)
throughout which a member who is a bereaved parent (within the meaning given by section 171ZZ6(3) of the Social Security Contributions and Benefits Act 1992) is absent from work due to the death of a child, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); and
(b)
for which the employer (or if the member is no longer in that person's employment, his former employer) pays the member any contractual remuneration or statutory parental bereavement pay.

(5) The periods of leave referred to in paragraph (a) of the definition of “period of paid parental bereavement leave” are—

(a) a period of paid paternity leave (within the meaning of paragraph 5A),

(b) a period of maternity leave (within the meaning of the Equality Act 2010),

(d) a period of shared parental leave (within the meaning of paragraph 5C).

Unfair neonatal care leave provisions

5E (1) Where an employment-related benefit scheme includes any unfair neonatal care leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme is to be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3), this Schedule is to apply accordingly.

(2) In this paragraph “ unfair neonatal care leave provisions ”, in relation to an employment-related benefit scheme, means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid neonatal care leave in the case of any member who is (or who, immediately before the commencement of such a period, was) an employed earner and which treats such a member otherwise than in accordance with the normal employment requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member, to the extent that it falls to be determined by reference to earnings during a period which included a period of paid neonatal care leave, to be determined otherwise than in accordance with the normal employment requirement.

(3) In the case of any unfair neonatal care leave provision—

(a) the more favourable treatment required by paragraph 3(1) is treatment no less favourable than would be accorded to the member in accordance with the normal employment requirement; and

(b) paragraph 3(2) does not authorise the making of any such election as is there mentioned;

but, in respect of any period of paid neonatal care leave, a member is only required to pay contributions on the amount of contractual remuneration or statutory neonatal care pay actually paid to or for the member in respect of that period.

(4) In this paragraph—

“the normal employment requirement” is the requirement that any period of paid neonatal care leave is to be treated as if it were a period throughout which the member in question works normally and receives the remuneration likely to be paid for doing so;
“period of paid neonatal care leave”, in the case of a member, means any period—
(a)
throughout which a member who (for the purposes of section 171ZZ16 of the Social Security Contributions and Benefits Act 1992) has a parental or other personal relationship with a child who is receiving, or has received, neonatal care is absent from work for that reason, otherwise than by virtue of a period of leave mentioned in sub-paragraph (5); and
(b)
for which the employer (or if the member is no longer in that person’s employment, his former employer) pays the member any contractual remuneration or statutory neonatal care pay.

(5) The periods of leave referred to in paragraph (a) of the definition of “period of paid neonatal care leave” are—

(a) a period of paid paternity leave (within the meaning of paragraph 5A),

(b) a period of maternity leave (within the meaning of the Equality Act 2010),

(d) a period of shared parental leave (within the meaning of paragraph 5C), or

(e) a period of parental bereavement leave (within the meaning of paragraph 5D).

Unfair family leave provisions

6 (1) Where an employment-related benefit scheme includes any unfair family leave provisions (irrespective of any differences on the basis of sex in the treatment accorded to members under those provisions), then—

(a) the scheme shall be regarded to that extent as not complying with the principle of equal treatment; and

(b) subject to sub-paragraph (3) below, this Schedule shall apply accordingly.

(2) In this Schedule “ unfair family leave provisions ” means any provision—

(a) which relates to continuing membership of, or the accrual of rights under, the scheme during any period of paid family leave in the case of any member who is an employed earner and which treats such a member otherwise than in accordance with the normal leave requirement; or

(b) which requires the amount of any benefit payable under the scheme to or in respect of any such member to the extent that it falls to be determined by reference to earnings during a period which included a period of paid family leave, to be determined otherwise than in accordance with the normal leave requirement.

(3) In the case of any unfair family leave provision—

(a) the more favourable treatment required by paragraph 3(1) above is treatment no less favourable than would be accorded to the members in accordance with the normal leave requirement;

(b) paragraph 3(2) above does not authorise the making of any such election as is there mentioned; and

(c) paragraph 4(1)(a) above does not authorise the making of any modification which does not satisfy the requirements of paragraph (a) above;

but, in respect of a period of paid family leave, a member shall only be required to pay contributions on the amount of contractual remuneration actually paid to or for him in respect of that period.

(4) In this paragraph—

(a) “ period of paid family leave ” means any period—

(i) throughout which a member is absent from work for family reasons; and

(ii) for which the employer pays him any contractual remuneration;

(b) “ the normal leave requirement ” is the requirement that any period of paid family leave shall be treated as if it were a period throughout which the member in question works normally but only receives the remuneration in fact paid to him for that period.

7 In this Schedule—

(a) “ employment-related benefit scheme ” means any scheme or arrangement which is comprised in one or more instruments or agreements and which has, or is capable of having, effect in relation to one or more descriptions or categories of employments so as to provide service-related benefits to or in respect of employed or self-employed earners—

(i) who have qualifying service in an employment of any such description or category, or

(ii) who have made arrangements with the trustees or managers of the scheme to enable them to become members of the scheme,

but does not include a limited scheme;

(b) “ limited scheme ” means—

(i) any personal scheme for employed earners to which the employer does not contribute;

(ii) any scheme which has only one member, other than a personal scheme for an employed earner to which his employer contributes;

(iii) any contract of insurance which is made for the benefit of employed earners only and to which the employer is not a party;

(c) “ personal scheme ” means any scheme or arrangement which falls within paragraph (a) above by virtue of sub-paragraph (ii) of that paragraph (or which would so fall apart from paragraph (b) above);

(d) “ public service scheme ” has the same meaning as “ public service pension scheme ” in section 1 of the Pension Schemes Act 1993 ;

(e) “ service-related benefits ” means benefits, in the form of pensions or otherwise, payable in money or money’s worth in respect of—

(i) termination of service;

(ii) retirement, old age or death;

(iii) interruptions of service by reason of sickness or invalidity;

(iv) accidents, injuries or diseases connected with employment;

(v) unemployment; or

(vi) expenses incurred in connection with children or other dependants;

and includes, in the case of a member who is an employed earner, any other benefit so payable to or in respect of the member in consequence of his employment.

Prospective

Extension of ban on compulsory membership

8 Section 160(1) of the Pension Schemes Act 1993 (which renders void any provision making membership of a pension scheme compulsory for an employed earner) shall apply in relation to a self-employed earner as it applies in relation to an employed earner, but with the substitution for references to a personal pension scheme of references to an employment-related benefit scheme which would be such a pension scheme if self-employed earners were regarded as employed earners.

Jurisdiction

9 (1) The court, on the application of any person interested, shall have jurisdiction to determine any question arising as to—

(a) whether any provision of an employment-related benefit scheme does or does not comply with the principle of equal treatment; or

(b) whether, and with what effect, any such provision is overridden by paragraph 3 above.

(2) In sub-paragraph (1) above “ the court ” means—

(a) in England and Wales, the High Court or the county court ; and

(b) in Scotland, the Court of Session or the sheriff court.

(3) An application under sub-paragraph (1) above may be commenced in the county court notwithstanding—

(a) any financial limit otherwise imposed on the jurisdiction of that court; or

(b) that the only relief claimed is a declaration or an injunction.

Interpretation

10 Expressions other than “benefit” which are used in this Part of this Schedule and in the principal Act have the same meaning in this Part of this Schedule as they have in that Act.

Supplemental

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

Prospective

Future repeal of actuarial provisions

12 The Secretary of State may by order repeal paragraph 2(4)(a)(i) above; and if and to the extent that he has not done so before 30th July 1999 it shall cease to have effect on that date.

Part II Amendment of Enactments Relating to Employment

Equal Pay Act 1970 (c.41)

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c.65)

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Protection (Consolidation) Act 1978 (c.44)

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 24.

SCHEDULE 6 Occupational and Personal Pensions

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

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

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

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

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

6,7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

The Occupational Pension Schemes (Contracting-out) Regulations 1984 (S.I.1984/380)

21 (1) In regulation 22 of the Occupational Pension Schemes (Contracting-out) Regulations 1984 (additional requirement alternative to limited revaluation premium) in paragraphs (3A) and (7A) (which were inserted by regulation 2 of the Contracting-out (Miscellaneous Amendments) Regulations 1988 and which provide for the rate of increase to be 7½ per cent. in certain cases) for the words “and in relation to another scheme,” there shall be substituted the words “ (and whether in relation to the same or another scheme) ” .

(2) The amendment by sub-paragraph (1) above of a provision contained in regulations shall not be taken to have prejudiced any power to make further regulations revoking or amending that provision.

(3) This paragraph shall be deemed to have come into force on 6th April 1988.

Section 26.

SCHEDULE 7 Pre-consolidation Amendments

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

2–13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

15–20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

22–26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 31(1).

SCHEDULE 8 Minor and Consequential Amendments

1–7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional and consequential provision in regulations

10 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 89 of the 1986 Act (transitional regulations in connection with coming into force of provisions of that Act) after subsection (1) there shall be inserted—

“ (1A) Without prejudice to any other powers conferred on him, the Secretary of State—

(a) may, for the purpose of making provision with respect to persons falling within subsection (1B) below, modify or revoke any regulations made under this section if he considers it necessary or expedient to do so in consequence of, or otherwise in connection with, provisions of Acts, schemes, arrangements or other instruments coming into force after the passing of this Act; and

(b) may, for the purpose of consolidation, revoke and re-enact, with any modifications which he considers necessary or desirable, any regulations under this section.

(1B) The persons referred to in subsection (1A)(a) above are any persons—

(a) to whom regulations under subsection (1) above apply; or

(b) to whom regulations made under Part II of this Act relating to income support applied at any time before the passing of the Social Security Act 1989. ”

Restriction on first up-rating of additional pension

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

Consultations about subordinate legislation

12 (1) In section 61(2) of the Pensions Act—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(other ” .

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

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations relating to home responsibilities

13 (1) Paragraph (a) of section 62(1) of the Pensions Act (affirmative, instead of negative, procedure for regulations under paragraph 5(6) of Schedule 3 to the principal Act relating to contributors who were precluded from regular employment by responsibilities at home) shall cease to have effect.

(2) The following regulations, namely—

(a) the Social Security Pensions (Home Responsibilities and Graduated Retirement Benefit) Amendment Regulations 1981, and

(b) the Social Security Pensions (Home Responsibilities and Miscellaneous Amendments) Amendment Regulations 1988,

shall have effect, and be taken always to have had effect, as if sub-paragraph (1) above had come into force immediately after the passing of the Pensions Act.

14–18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Joint citations

19 In the following enactments, for the words “the Social Security Acts 1975 to 1986” in each place where they occur there shall be substituted the words “ the Social Security Acts 1975 to 1989 ”—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) section 5(1)(a) of the Social Security Act 1985;

(e) paragraph (b) of the definition of “ the benefit Acts ” in section 84(1) of the 1986 Act.

Section 31(2).

SCHEDULE 9 Repeals

11 & 12 Geo.5 c. 49.	War Pensions Act 1921.	Sections 1 and 2.
11 & 12 Geo.6 c. 41.	Law Reform (Personal Injuries) Act 1948.	Section 2(2).
1970 c. 36.	Merchant Shipping Act 1970.	In section 17(10), the words from “but any application” onwards.
1973 c. 38.	Social Security Act 1973.	Section 51(7).
		. . .
1975 c. 14.	Social Security Act 1975.	In section 1, in subsection (1) the words from “together with” onwards, and subsections (5) and (5A).
		In section 4(6F), the words “primary or”.
		In section 7A(3), the words “Class 2” wherever occurring.
		In section 14(6), the words following paragraph (c).
		In section 15(6)(a), the words “but have not retired from regular employment”.
		In section 20(1A) the words “longer or”.
		Section 27(3), (4) and (5).
		In section 28(1)(a), the words “and has retired from regular employment”.
		Section 29(5)(a).
		In section 30, subsection (1), in subsection (3), in paragraph (a), the words “retired from regular employment or has otherwise” and the words “retired or” and subsection (6)(a).
		In section 36(7), the word “and” at the end of paragraph (c).
		In section 39(1)(b), the words “and has retired from regular employment”.
1975 c. 14. (contd.)	Social Security Act 1975 (contd.)	In section 41(1), the words “section 30(1) of this Act and to”.
		Section 48(2) and (3).
		In section 100(3), the words from “without leave” onwards.
		Section 101(6) and (7).
		In section 112, subsection (4) and, in subsection (5), the words “or reference” and the words from “and the medical” onwards.
		Section 122(5).
		Section 134(3).
		In section 167(1)(b), the words “section 1(5A)”.
		In Schedule 10, paragraphs 1(7) and 2(2).
		In Schedule 11, paragraph 4.
		In Schedule 13, paragraphs 8 and 9.
		In Schedule 20, the definition of “local office” and, in the definition of “week”, the words “midnight between Saturday and” and “30(1)”.
1975 c. 60.	Social Security Pensions Act 1975.	In section 8(1), the words “who has retired from regular employment”.
		Section 11.
		Section 27(6).
		In section 41A(1C), the word “and” at the end of paragraph (b).
		In section 41B(1A), the word “and” at the end of paragraph (b).
		Section 41C(3)(a)(ii).
		In section 45(3), the words from “unless the person” to “shall not apply”.
		. . .
		Section 62(1)(a).
		In Schedule 4, paragraph 39(a).
1977 c. 5.	Social Security (Miscellaneous Provisions) Act 1977.	In section 21(1), the words “unless the prescribed person otherwise elects in the prescribed manner”.
		In section 22(2) the words “25(3), 26(3)”.
1979 c. 18.	Social Security Act 1979.	In Schedule 1, paragraph 17.
1980 c. 30.	Social Security Act 1980.	Section 10(2)(b).
		Section 14(7).
1981 c. 1.	Social Security (Contributions) Act 1981.	Section 2(2).
		Section 4(5)(a).
1982 c. 2.	Social Security (Contributions) Act 1982.	Section 2.
		Section 4(4).
		In Schedule 1, paragraph 1(4).
1982 c. 24.	Social Security and Housing Benefits Act 1982.	Section 44(3) and (4).
		In Schedule 1, in paragraph 7, the words “participate in, or”.
		In Schedule 4, paragraph 11.
1985 c. 53.	Social Security Act 1985.	In Schedule 5, paragraph 32.
1986 c. 50.	Social Security Act 1986.	In section 26(3), the word “and” at the end of paragraph (b).
		In section 30(2), the words following paragraph (b), other than those added by the Local Government and Housing Act 1989.
		In section 50(1), in the definition of “week”, the words “midnight between Saturday and”.
		Section 63(1)(a)(ii).
		In Schedule 1, in paragraph 7(4) and (5) the words “such as are mentioned in sub-paragraph (2) above”.
		In Schedule 3, paragraph 15(b).
		In Schedule 6, in paragraph 3, in sub-paragraph (3)(b), the words “30(1)”, sub-paragraph (3)(c), sub-paragraph (4)(b) and the word “or” immediately preceding it.
		In Schedule 9, paragraph 11(b).
		In Schedule 10, paragraph 96.
1988 c. 7.	Social Security Act 1988.	Section 2(9).
1988 c. 43.	Housing (Scotland) Act 1988.	Section 70(4).
1988 c. 50.	Housing Act 1988.	Section 121(5).

The repeal in section 1(1) of the principal Act and the repeal of sections 1(5) and (5A) and 134(3) of that Act, section 27 of the Pensions Act, section 2 of the Social Security (Contributions) Act 1981 and section 2 of the Social Security (Contributions) Act 1982 have effect in relation to payments by way of supplement, or adjustment of supplement, under section 1(5) of the principal Act in respect of any contributions whether paid before, on or after 31st March 1989.

The repeal in section 20(1A) of the principal Act does not affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988.

footnote	commentary	transitional and savings	in force status	related provisions	geo extent	insert/omit	source count	in force adj
C1	The base date version of this Act is as revised to 1.7.1992 and takes account of the effects on it of the consolidating legislation which came into force at that date
C2	Words of enactment omitted under Statute Law Revision Act 1948 (c. 62) , s. 3
C3	Act: power to amend conferred (2.12.1999) by 1998 c. 47 , s. 87 (with s. 95 ); S.I. 1999/3209 , art. 2 , Sch.
C4	The text of s. 5(5) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C5	The text of s. 22(7) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C6	The power of appointment conferred by s. 33(2) partly exercised: S.I. 1989/1238 , 1262; 1990/102, 199, 312
C7	The text of Sch. 4 para. 22 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C8	The text of Sch. 4 para. 23 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C9	Sch. 5 para. 5A: power to apply (with modifications) conferred (6.4.2005) by Pensions Act 2004 (c. 35) , ss. 265(2) , 322(1) (with s. 313 ); S.I. 2005/275 , art. 2(7) , Sch. Pt. 7 (subject to art. 2(12) )
C10	Sch. 5 para. 5B: power to apply (with modifications) conferred (6.4.2005) by Pensions Act 2004 (c. 35) , ss. 265(2) , 322(1) (with s. 313 ); S.I. 2005/275 , art. 2(7) , Sch. Pt. 7 (subject to art. 2(12) )
C11	The text of Sch. 8 para. 10(2) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C12	The text of Sch. 8 para. 12(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
C13	The text of Sch. 8 para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not (except as specified) reflect any amendments or repeals which may have been made prior to 1.7.1992
C14	The text of Sch. 9, Table is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.7.1992
F1	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F2	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F3	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F4	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F5	S. 6(2) repealed (13.7.1990) by Social Security Act 1990 (c. 27) , Sch. 7					repealed
F6	Words in s. 6(7) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) , Sch. 2 para. 105(1)					substituted
F7	Words in s. 6(9) substituted (1. 7. 1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) , Sch. 2 para. 105(2)					substituted
F8	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F9	S. 7(6) repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F10	S. 8 repealed (6.4.1992) by Diability Living Allowance and Diasability Working Allowance Act 1991 (c. 21) , Sch. 4					repealed
F11	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F12	S. 20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F13	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F14	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F15	S. 25(1A) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(2) , 19(1) ; S.I. 2017/1131 , reg. 2					inserted
F16	Words in s. 25(2) omitted (21.11.2017) by virtue of Armed Forces Act 2016 (c. 21) , ss. 15(3)(a) , 19(1) ; S.I. 2017/1131 , reg. 2					omitted
F17	Words in s. 25(2) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(b) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F18	Words in s. 25(2)(a) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(c) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F19	Words in s. 25(2)(b) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(d) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F20	Word in s. 25(2)(c) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(e)(i) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F21	Word in s. 25(2)(c) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(e)(ii) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F22	Words in s. 25(2)(d) substituted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(3)(f) , 19(1) ; S.I. 2017/1131 , reg. 2					substituted
F23	S. 25(3A) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(4) , 19(1) ; S.I. 2017/1131 , reg. 2					inserted
F24	Words in s. 25(4) inserted (21.11.2017) by Armed Forces Act 2016 (c. 21) , ss. 15(5) , 19(1) ; S.I. 2017/1131 , reg. 2					inserted
F25	Words in the definition of “war pension” in s. 25(4) substituted (3.12.2001) by S.I. 2001/3506 , art. 5 , Sch. para. 3					substituted
F26	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F27	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F28	Words in s. 29(1) substituted (1.7.1992) by Social Security (Consequential Provisions) Act 1992 (c. 6) , Sch. 2 para. 106					substituted
F29	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F30	S. 29(3) substituted (13.7.1990) by Social Security Act 1990 (c. 27, SIF113:1) , Sch. 6 para. 8(12)					substituted
F31	S. 29(4) repealed (13.7.1990) by Social Security Act 1990 (c. 27) , Sch. 6 para. 8(12) and Sch. 7					repealed
F32	S. 29(7) repealed (6.4.1997) by 1995 c. 26 , ss. 151 , 177 , Sch. 5 para. 13(1) , Sch. 7 Pt. III ; S.I. 1997/664 , art. 2 , Sch. Pt. II					repealed
F33	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F34	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F35	Words inserted (13.7.1990) in section 33(6) by Social Security Act 1990 (c. 27, SIF113:1) , Sch. 1 para. 5(3) . (section 32 and the said paragraph 20A were later repealed by S. S. (C. P.) Act 1992 (c. 6), Sch. 1 (1.7.1992)					inserted, repealed
F36	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F37	Sch. 1 para. 11 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F38	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F39	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F40	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F41	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F42	Words in Sch. 5 para. 2(4) repealed (1.10.2010) by Equality Act 2010 (c. 15) , ss. 211 , 216 , Sch. 27 Pt. 1 (with ss. 6(4) , 205 ) (as substituted by S.I. 2010/2279 , arts. 1(2) , 13 , Sch. 2 ); S.I. 2010/2317 , art. 2(15)(c)(f) (with art. 15 )			this amendment (text substituted, repealed) should be read in conjunction with other related provisions, see the commentary.		substituted, repealed
F43	Words in Sch. 5 para. 2(8) substituted (7.2.1994) by 1993 c. 48 , s. 190 , Sch. 7 para. 2(a) ; S.I. 1994/86 , art. 2					substituted
F44	Sch. 5 Pt. I para. 4 repealed (6.4.1997) by 1995 c. 26 , ss. 151 , 177 , Sch. 5 para. 13(2) , Sch. 7 Pt. III ; S.I. 1997/664 , art. 2 , Sch. Pt. II					repealed
F45	Sch. 5 para. 5 repealed (1.10.2010) by Equality Act 2010 (c. 15) , ss. 211 , 216 , Sch. 27 Pt. 1 (with ss. 6(4) , 205 ) (as substituted by S.I. 2010/2279 , arts. 1(2) , 13 , Sch. 2 ); S.I. 2010/2317 , art. 2(15)(c)(f) (with art. 15 )			this amendment (text substituted, repealed) should be read in conjunction with other related provisions, see the commentary.		substituted, repealed
F46	Sch. 5 paras. 5A, 5B inserted (6.4.2005) by Pensions Act 2004 (c. 35) , ss. 265(1) , 322(1) (with s. 313 ); S.I. 2005/275 , art. 2(7) , Sch. Pt. 7 (subject to art. 2(12) )			this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.		inserted
F47	Words in Sch. 5 para. 5A(3)(b) substituted (5.4.2015) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(2) ; S.I. 2014/1640 , art. 7(a) (with art. 16 )			this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F48	Words in Sch. 5 para. 5A(4) repealed (5.4.2015) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(3)(b) ; S.I. 2014/1640 , art. 7(a) (with art. 16 )			this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.		repealed
F49	Words in Sch. 5 para. 5A(4)(a) substituted (6.4.2010) by Work and Families Act 2006 (c. 18) , ss. 11(1) , 19(1) , Sch. 1 para. 1(3)(a) ; S.I. 2010/495 , art. 4(d)					substituted
F50	Words in Sch. 5 para. 5A(4) inserted (1.12.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(3)(a) ; S.I. 2014/1640 , art. 5(2)(a)					inserted
F51	Words in Sch. 5 para. 5A(4) substituted (5.4.2015) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(3)(c) ; S.I. 2014/1640 , art. 7(a) (with art. 16 )			this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F52	Words in Sch. 5 para. 5A(7) substituted (30.6.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(4) ; S.I. 2014/1640 , art. 3(2)(b)					substituted
F53	Sch. 5 para. 5A(7A), (7B) inserted (1.12.2014 for specified purposes) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(5) ; S.I. 2014/1640 , art. 5(2)(a)		text inserted for certain specified purposes only, see the commentary.			inserted	“S.I. 2014/1640 , art. 5(2)(a)”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
F54	Words in Sch. 5 para. 5A(7A)(a) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(a)				inserted: England and Wales	inserted
F55	Sch. 5 para. 5A(7A)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(b)					substituted
F56	Sch. 5 para. 5A(8) repealed (5.4.2015) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 2(6) ; S.I. 2014/1640 , art. 7(a) (with arts. 16 18 )			this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary.		repealed
F57	Words in Sch. 5 para. 5B(4) substituted (1.12.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 3(2) ; S.I. 2014/1640 , art. 5(2)(b)					substituted
F58	Sch. 5 para. 5B(7), (8) inserted (1.12.2014 for specified purposes) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 3(3) ; S.I. 2014/1640 , art. 5(2)(b)		text inserted for certain specified purposes only, see the commentary.			inserted	“S.I. 2014/1640 , art. 5(2)(b)”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
F59	Words in Sch. 5 para. 5B(7)(a) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(c)				inserted: England and Wales	inserted
F60	Sch. 5 para. 5B(7)(b) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(d)					substituted
F61	Words in Sch. 5 para. 5B(8)(b) inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413) , art. 1(1) , Sch. 1 para. 2					inserted
F62	and cross-heading inserted (1.12.2014) by Children and Families Act 2014 (c. 6) , s. 139(6) , Sch. 7 para. 4 ; S.I. 2014/1640 , art. 5(2)(c)					inserted
F63	Sch. 5 para. 5C(8)(a) substituted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(e)					substituted
F64	Words in Sch. 5 para. 5C(8)(b)(i) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(f)				inserted: England and Wales	inserted
F65	Words in Sch. 5 para. 5C(8)(b)(ii) inserted (E.W.) (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413) , regs. 2(1) , 54(g)				inserted: England and Wales	inserted
F66	Sch. 5 para. 5D and cross-heading inserted (18.1.2020) by Parental Bereavement (Leave and Pay) Act 2018 (c. 24) , s. 2(2) , Sch. para. 7 ; S.I. 2020/45 , reg. 2					inserted
F67	Sch. 5 para. 5E and cross-heading inserted (17.1.2025) by Neonatal Care (Leave and Pay) Act 2023 (c. 20) , s. 3(3) , Sch. para. 7 ; S.I. 2025/41 , reg. 2					inserted
F68	Words in Sch. 5 para. 7(d) substituted (7.2.1994) by 1993 c. 48 , s. 190 , Sch. 7 para. 2(b) ; S.I. 1994/86 , art. 2					substituted
F69	Words in Sch. 5 para. 8 substituted (7.2.1994) by 1993 c. 48 , s. 190 , Sch. 7 para. 2(c) ; S.I. 1994/86 , art. 2					substituted
F70	Words in Sch. 5 para. 9 substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 9 para. 52 ; S.I. 2014/954 , art. 2(c) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11)			this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F71	Word in Sch. 5 para. 9(3)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22) , s. 61(3) , Sch. 9 para. 128 ; S.I. 2014/954 , art. 2(c) (with art. 3 ) (with transitional provisions and savings in S.I. 2014/956 , arts. 3-11)			this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.		substituted
F72	Sch. 5 para. 11 repealed (7.2.1994) by 1993 c. 48 , s. 118 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F73	Sch. 5 para. 13 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F74	Sch. 5 Pt. II para. 14 repealed (6.4.1997) by 1995 c. 26 , s.177 , Sch. 7 Pt. I ; S.I. 1997/664 , art. 2 , Sch. Pt. II					repealed
F75	Sch. 5 para. 15 repealed (10.6.1994) by 1993 c. 19 , s. 51 , Sch.10 ; S.I. 1994/1365 , art. 2 , Sch. (with transitional provisions in art. 3 )	this amendment is subject to savings and/or transitional provisions, see the commentary.				repealed
F76	Sch. 6 para. 1-5 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F77	Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F78	Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F79	Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F80	Sch. 5 paras. 1-5 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F81	Sch. 6 paras. 6 and 7 which had textually amended (21.7.1989) ss.41A and 41B respectively of the Social Security Pensions Act 1975 (c. 60) , were repealed retrospectively w.e.f. 21.7.1989 by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 4 para. 8(1) and Sch. 7					repealed
F82	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F83	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F84	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F85	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F86	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F87	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F88	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F89	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F90	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F91	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F92	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F93	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F94	Sch. 5 paras. 8-20 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F95	Sch. 7 para. 1 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F96	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F97	Sch. 7 para. 14 repealed by DLA and DWA Act 1991 (c. 21) , Sch. 4					repealed
F98	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F99	Sch. 7 para. 21 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
F100	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F101	Sch. 7 para. 27 repealed (8.11.1995) by 1995 c. 44 , s. 1 , Sch. 1 Pt. VI					repealed
F102	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F103	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F104	Sch. 8 para. 8(1) repealed (1.2.1991) by Employment Act 1990 (c. 38, SIF 43:5) , Sch. 3					repealed
F105	Sch. 8 para. 8(2) repealed (13.3.1990) by Social Security Act 1990 (c. 27, SIF 113:1) , Sch.7					repealed
F106	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F107	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F108	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F109	Sch. 8 para. 12(1)(a)(b) repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt. I ; S.I. 1994/86 , art. 2					repealed
F110	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F111	Sch. 8 para. 12(3)(4) repealed (8.11.1995) by 1995 c. 44 , s. 1 , Sch. 1 Pt. VI					repealed
F112	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F113	Ss. 1–3; 4(1)–(4); 5(1)–(4); 6(1); 7(1)–(5); 9–19; 21; 22(1)–(6) and (8); 27; words in s. 28(2); ss. 28(3) and (4); 29(2) and (5); words in s.30(1); s.32; Sch. 1, paras. 1–10; Schs. 2 and 3; Sch. 4, paras. 1–21, 24(added by Social Security Act 1990 (c. 27, SIF 113:1) , Sch. 1 para. 6 ); Sch. 7 except paras 1, 14, 21 and 27; Sch. 8, paras. 1–7, 9, 10(1), 11, 12(2), (5) and (6), 14–18, 19(a) and (b) were repealed (1.7.1992) by the Social Security (Consequential Provisions) Act 1992 (c. 6)					repealed, added
F114	Words in Sch. 9 repealed (7.2.1994) by 1993 c. 48 , s. 188 , Sch. 5 Pt.I ; S.I. 1994/86 , art. 2					repealed
I1	S. 23 partly in force; s. 23 not in force at Royal Assent see s. 33(2); s. 23 in force for certain purposes at 23.6.1994 by S.I. 1994/1661 , art. 2(c) ; s. 23 in force for further certain purposes at 24.8.2007 by S.I. 2007/2445 , art. 2(a)
I2	Sch. 5 Pt. I para. 1 partly in force; Sch. 5 Pt. I para. 1 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 1 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I		text for certain specified purposes only, see the commentary.				“Sch. 5 Pt. I para. 1 not in force at Royal Assent see s. 33(2)(3)” “Sch. 5 Pt. I para. 1 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I3	Sch. 5 para. 2 partly in force; Sch. 5 para. 2 not in force at Royal Assent see s. 33(2); Sch. 5 para. 2(1)(2)(4)(c)(5)(9) in force at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I
I4	Sch. 5 para. 3 partly in force; Sch. 5 para. 3 not in force at Royal Assent see s. 33(2)(3); Sch. 5 para. 3(1)(3)(4) in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I ; Sch. 5 para. 3 in force for further certain purposes at 24.8.2007 by S.I. 2007/2445 , art. 2(b)		text for certain specified purposes only, see the commentary.				“Sch. 5 para. 3 not in force at Royal Assent see s. 33(2)(3)” “Sch. 5 para. 3(1)(3)(4) in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I” “Sch. 5 para. 3 in force for further certain purposes at 24.8.2007 by S.I. 2007/2445 , art. 2(b)”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I5	Sch. 5 Pt. I para. 6 partly in force; Sch. 5 Pt. I para. 6 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 6(1)(2)(3)(a)(4) in force at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. II
I6	Sch. 5 Pt. I para. 7 partly in force; Sch. 5 Pt. I para. 7 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 7(a)-(c)(e) in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I		text for certain specified purposes only, see the commentary.				“Sch. 5 Pt. I para. 7 not in force at Royal Assent see s. 33(2)(3)” “Sch. 5 Pt. I para. 7(a)-(c)(e) in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I7	Sch. 5 Pt. I para. 9 partly in force; Sch. 5 Pt. I para. 9 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 9 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I		text for certain specified purposes only, see the commentary.				“Sch. 5 Pt. I para. 9 not in force at Royal Assent see s. 33(2)(3)” “Sch. 5 Pt. I para. 9 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
I8	Sch. 5 Pt. I para. 10 partly in force; Sch. 5 Pt. I para. 10 not in force at Royal Assent see s. 33(2)(3); Sch. 5 Pt. I para. 10 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I		text for certain specified purposes only, see the commentary.				“Sch. 5 Pt. I para. 10 not in force at Royal Assent see s. 33(2)(3)” “Sch. 5 Pt. I para. 10 in force for specified purposes at 23.6.1994 by S.I. 1994/1661 , art. 2 , Sch. Pt. I”	Complex in force status. Note, the provision (or each sub-provision) may be have been brought into force only for certain purposes and/or only for certain geographies), some sub-provisions may be in force while others are not.
M1	S. I. 1979/676 .
M2	S. I. 1985/1417 .
M3	S. I. 1988/429 .
M4	1970 c. 36
M5	S.I. 1989/523 .
M6	S.I. 1977/343 .
M7	S.I. 1987/1854 .
M8	1978 c. 30 .
M9	86/378/EEC.
M10	1939 c. 82 .
M11	1939 c. 83 .
M12	1947 c. 19 .
M13	1958 c. 46 .
M14	1970 c. 44 .
M15	1921 c. 49 .
M16	1973 c. 38 .
M17	1986 c. 50 .
M18	1975 c. 60 .
M19	1975 c. 14 .
M20	1948 c. 41 .
M21	1985 c. 66 .
M22	S.I. 1988/475 .
M23	S.I. 1981/330 .
M24	S.I. 1988/623 .
M25	1982 c. 34 .
M26	1985 c. 53 .
P1	S. 33(2) power partly exercised: 24.8.2007 appointed for specified provisions by { S.I. 2007/2445 }, art. 2
X1	This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words from “together with” onwards in section 1(1) of the Social Security Act 1975 (c. 14)
X2	This refers to the repeal, under the Table of repeals in Sch. 9 above, of sections 1(5) and (5A) and 134(3) of the Social Security Act 1975 (c. 14) , section 27(6) of the Social Security (Pensions) Act 1975 (c. 60) , section 2(2) of the Social Security Contributions Act 1981 (c. 1) and section 2 of the Social Security (Contributions) Act 1982 (c. 2) . (all relating to Treasury Supplement)
X3	This refers to the repeal, under the Table of repeals in Sch. 9 above, of the words “longer or” in section 20(1A) of the Social Security Act 1975 (c. 14)

Defined Term	Section/Article	ID
adjudicating authority	s. 6	legTermNy4iVUSV
AFCS benefit	s. 25	legTermnTO1E4D0
AFCS benefit recipient	s. 25	legTermrIEydnbI
benefit	para 10 of Part I of SCHEDULE 5	benefit_rtQ5ZF8
Commissioner	s. 30	legTermYas7uLHu
employment-related benefit scheme	para 7 of Part I of SCHEDULE 5	legTermENyWAlQG
has an unmarried partner	para 2 of Part I of SCHEDULE 5	legTermqKIQKtdP
limited scheme	para 7 of Part I of SCHEDULE 5	legTermmEYEPYSd
money purchase benefits	para 2 of Part I of SCHEDULE 5	legTermvqfxg453
optional provisions available	para 2 of Part I of SCHEDULE 5	legTermFJWqU0Vo
period of paid adoption leave	para 5B of Part I of SCHEDULE 5	period_of__rtgTCQv
period of paid adoption leave	para 5C of Part I of SCHEDULE 5	legTerm7wSdC9PA
period of paid family leave	para 6 of Part I of SCHEDULE 5	legTerm1yIgn0BA
period of paid neonatal care leave	para 5E of Part I of SCHEDULE 5	period_of__rt1TplE
period of paid neonatal care leave	para 5E of Part I of SCHEDULE 5	period_of__rtEDZUg
period of paid parental bereavement leave	para 5D of Part I of SCHEDULE 5	period_of__rt7wQgX
period of paid parental bereavement leave	para 5D of Part I of SCHEDULE 5	period_of__rt8dVly
period of paid paternity leave	para 5A of Part I of SCHEDULE 5	period_of__rtLCveA
period of paid paternity leave	para 5C of Part I of SCHEDULE 5	legTerm6Yw8jpjA
period of paid shared parental leave	para 5C of Part I of SCHEDULE 5	period_of__rti9vZm
permitted age-related difference	para 2 of Part I of SCHEDULE 5	legTermtbuSXOLT
personal scheme	para 7 of Part I of SCHEDULE 5	legTermbtHRywL8
prescribe	s. 30	legTermaxDOfcog
public service pension scheme	para 7 of Part I of SCHEDULE 5	legTermx3mTheQd
public service scheme	para 7 of Part I of SCHEDULE 5	legTermlTuANq6J
regulations	s. 30	legTerm2E2zmlz0
service-related benefits	para 7 of Part I of SCHEDULE 5	legTermSHfyK1xD
the 1973 Act	s. 30	legTermiyWYVDAj
the 1986 Act	s. 30	legTerm0vUcfbdh
the amending provisions	s. 6	legTerm82go1zgu
the Amending Regulations	s. 4	legTermIBM3WsE1
the court	para 9 of Part I of SCHEDULE 5	legTermS84jQWy0
the Earnings Factor Regulations	s. 4	legTermhC6gh5gv
the normal employment requirement	para 5A of Part I of SCHEDULE 5	the_normal_rtUTJID
the normal employment requirement	para 5B of Part I of SCHEDULE 5	the_normal_rtOJvv2
the normal employment requirement	para 5C of Part I of SCHEDULE 5	the_normal_rtqcm26
the normal employment requirement	para 5D of Part I of SCHEDULE 5	the_normal_rtyfdsP
the normal employment requirement	para 5E of Part I of SCHEDULE 5	the_normal_rtqRUUT
the normal leave requirement	para 6 of Part I of SCHEDULE 5	legTermPjkrBe8r
the Pensions Act	s. 30	legTermCEw6dZ9W
the principal Act	s. 30	legTermo6ftEmD0
the sex affected	para 2 of Part I of SCHEDULE 5	(“_prntIFiG
unfair adoption leave provisions	para 5B of Part I of SCHEDULE 5	legTerm1uIOOnkt
unfair family leave provisions	para 6 of Part I of SCHEDULE 5	legTermHjAU2M3c
unfair neonatal care leave provisions	para 5E of Part I of SCHEDULE 5	legTermcE0XDIPh
unfair parental bereavement leave provisions	para 5D of Part I of SCHEDULE 5	legTermh6HKpXyx
unfair paternity leave provisions	para 5A of Part I of SCHEDULE 5	legTermUafwq62Y
unfair shared parental leave provisions	para 5C of Part I of SCHEDULE 5	legTermo0AoXsCT
war pension	s. 25	legTermiibUQbTP
war pensioner	s. 25	legTermZxBAweLi

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
Social Security Act 1989	1989 c. 24	s. 25 and cross-heading	omitted	Veterans Advisory and Pensions Committees Act 2023	2023 c. 48	s. 2(1)(a)	Not yet

Sort descending by Changed Legislation	Sort descending by Year and Number	Changed Provision	Type of effect	Sort descending by Affecting Legislation Title	Sort descending by Year and Number	Affecting Provision	Sort descending by Changes made to website text	Note
Changes that affect				Made by
Social Security Act 1989	1989 c. 24	Act	Appointed day(s) for spec. provns. (23.6.1994)	The Social Security Act 1989 (Commencement No. 5) Order 1994	1994 No. 1661	art. 2	Yes
Social Security Act 1989	1989 c. 24	s. 23	coming into force	The Social Security Act 1989 (Commencement No. 6) Order 2007	2007 No. 2445	art. 2(a)	Yes	in so far as it relates to the provisions specified in this Order
Social Security Act 1989	1989 c. 24	Sch. 5 para. 3(1) (3) (4)	coming into force	The Social Security Act 1989 (Commencement No. 6) Order 2007	2007 No. 2445	art. 2(b)	Yes	(except sub-paragraph (2)) for the purposes of (i) paragraph 5A(2) of that Schedule; and (ii) paragraph 5B of that Schedule

Social Security Act 1989

1989 CHAPTER 24

Contributions

1–3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Earnings factors.

Liability to maintain children

5 Liability of parants to maintain children under the age of nineteen in respect of whom income support is paid.

Benefits under the principal Act

6 Benefits for women widowed before 11th April 1988.

7

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9–19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Recovery from damages etc of sums equivalent to benefit

22 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.

Occupational and personal pensions etc

23 Equal treatment for men and women.

24 Miscellaneous amendments relating to pensions.

War pensions committees

25 Establishment and functions of war pensions committees.

General and supplementary provisions

26 Pre-consolidation amendments.

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

28 Financial provisions.

29 Regulations and orders: general provisions.

30 Interpretation.

31 Minor and consequential amendments, repeals and transitional provisions.

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

33 Short title, commencement and extent.

SCHEDULES

SCHEDULE 1 Abolition of Earnings Rule Etc.

Occupational and personal pensions

SCHEDULES 2, 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 Recovery of Sums Equivalent to Benefit from Compensation Payments in respect of Accidents etc: Supplementary Provision

Parts I—III . . .

Part IV MISCELLANEOUS

Modification of Law Reform (Personal Injuries) Act 1948

Modification of Bankruptcy (Scotland) Act 1985

SCHEDULE 5 Employment-related Schemes for Pensions or other Benefits: Equal Treatment for Men and Women

Part I Compliance by Schemes

Schemes to comply with the principle of equal treatment

The principle

Non-compliance: compulsory levelling up

Modification of schemes by the Occupational Pensions Board

Unfair maternity provisions

Unfair paternity leave provisions

Unfair adoption leave provisions

Unfair shared parental leave provisions

Unfair parental bereavement leave provisions

Unfair neonatal care leave provisions

Unfair family leave provisions

Meaning of “employment-related benefit scheme” etc.

Extension of ban on compulsory membership

Jurisdiction

Interpretation

Supplemental

Future repeal of actuarial provisions

Part II Amendment of Enactments Relating to Employment

Equal Pay Act 1970 (c.41)

Sex Discrimination Act 1975 (c.65)

Employment Protection (Consolidation) Act 1978 (c.44)

SCHEDULE 6 Occupational and Personal Pensions

Social Security Act 1973 (c.38)

Social Security Pensions Act 1975 (c. 60)

Social Security (Miscellaneous Provisions) Act 1977 (c. 5)

Social Security Act 1986 (c. 50)

The Occupational Pension Schemes (Contracting-out) Regulations 1984 (S.I.1984/380)

SCHEDULE 7 Pre-consolidation Amendments

Social Security Act 1973 (c. 38)

SCHEDULE 8 Minor and Consequential Amendments

Transitional and consequential provision in regulations

Restriction on first up-rating of additional pension

Consultations about subordinate legislation

Regulations relating to home responsibilities

Joint citations

SCHEDULE 9 Repeals

Status of changes to instrument text