Social Security (Consequential Provisions) Act 1975

• Citation: 1975 c. 18
• Sections: 118

Section 1 Repeals; amendments of statute book.

(1) In consequence of, and in connection with, the following consolidation Acts, namely—

the Social Security Act 1975,

the Industrial Injuries and Diseases (Old Cases) Act 1975,

the Social Security (Northern Ireland) Act 1975, and

the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975,

(which Acts are together referred to in this Act as “ the consolidations ”) the following provisions of this section shall have effect.

(2) The enactments specified in Schedule 1 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

(3) The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments there specified.

(4) Where this Act amends an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly, or an Order made under, or having the same effect as, an enactment of that Parliament or that Assembly, the enactment or Order as amended shall be subject to the Interpretation Act (Northern Ireland) 1954 in the same way as an enactment of that Parliament or that Assembly is so subject.

Section 2 Transitional provisions and savings.

(1) The provisions of Part I of Schedule 3 to this Act (which essentially reproduce those of Schedule 26 to the Social Security Act 1973) shall have effect with respect to the transition from the operation of the National Insurance Acts 1965 to 1974 and the corresponding Northern Ireland legislation, and the other enactments repealed by the 1973 Act, to the operation of—

(a) Parts II and III of the 1973 Act; and

(b) so much of the new Act as replaces by consolidation provisions of the 1973 Act and the legislation amending it.

(2) In connection with the consolidations, and with the repeals made by this Act, the further transitional provisions and savings contained in Parts II and III of Schedule 3 to this Act shall have effect; but no specific provision in Part III is to be regarded as prejudicing any general provision elsewhere in this Act.

(3) Where any provision of Schedule 3 to this Act confers power to make an Order in Council or regulations, then—

(a) in so far as the power is exercisable in relation to Great Britain, or to the United Kingdom as a whole, sections 189 and 190(3) of the Social Security Administration Act 1992 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act; and

(b) in so far as the power is exercisable in relation to Northern Ireland only, sections 165 and 166(4), (6) and (11) of the Social Security Administration (Northern Ireland) Act 1992 apply to the power, and to any instrument by means of which the power is exercised, as if the provision were contained in that Act.

(4) Section 38 of the Interpretation Act 1889 (effect of repeals)—

(a) has effect in relation to any enactment repealed by this Act and re-enacted in any of the consolidations as if the repeal were made by the consolidation and not by this Act;

(b) has the same operation in relation to any repeal by this Act of an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly (or of any provision of an Order made under, or having the same effect as, such an enactment) as it has in relation to the repeal of an Act of the Parliament of the United Kingdom (references in section 38 of the 1889 Act to Acts and enactments being construed accordingly);

but nothing in this subsection or in Schedule 3 to this Act affects the general operation of section 38 of the 1889 Act with regard to the effect of repeals.

Section 3 Entry into force of consolidations and this Act.

(1) Provisions of—

the 1973 Act,

the National Insurance Act 1974,

the National Insurance Measure (Northern Ireland) 1974,

the Social Security Amendment Act 1974, and

the Social Security Benefits Act 1975,

which are made (whether by the Act or Measure itself or by an instrument made under an enactment) to come into force on 6th April 1975 do so in that order, except that paragraph 39 of Schedule 4 to the National Insurance Act 1974 and section 8(7) of the Social Security Benefits Act 1975 (both of which make minor amendments of the repeals Schedule to the 1973 Act) come into force before that Act.

(2) Subject to the following subsections, the consolidations and this Act come into force as soon as all the provisions mentioned in subsection (1) above have done so.

(3) Nothing in the consolidations or this Act affects so much of any order under section 101 of the 1973 Act (commencement) or regulations under Schedule 26 to that Act (transition from old system of national insurance to new system of social security) as provides for an enactment repealed by that Act or this Act to continue wholly or partly in force on and after 6th April 1975 or has the effect of it so doing.

(4) Where any provision of the 1973 Act is re-enacted in the consolidations with amendments made by the Social Security Benefits Act 1975, having come into force subject to any modification contained in an order under Part I of Schdule 5 to the said Act of 1975 (commencement etc. ), the provision as re-enacted has effect subject to the same modification.

(5) To the extent that any provision contained in the consolidations was, immediately before 6th April 1975, not yet in force and dependent for its entry into force—

(a) on an order under—

the 1973 Act, section 101;

the National Insurance Act 1974, Schedule 5, paragraph 1;

the National Insurance Measure (Northern Ireland) 1974, Schedule 5, paragraph 1;

the Social Security Amendment Act 1974, section 6(4); or

the Social Security Benefits Act 1975, Schedule 5, paragraph 1; or

(b) on any regulation made under the 1973 Act, Schedule 26,

(not being an order or regulation of which the effect is to bring that provision into force on 6th April 1975), that provision shall continue so dependent notwithstanding that it is repealed and re-enacted (in the consolidations or this Act) and the order or regulation does not any longer apply to it in terms.

Section 4 Interpretation.

(1) In this Act—

“ enactment ” includes an enactment of the Parliament of Northern Ireland or of the Northern Ireland Assembly and an Order made under, or having the same effect as, such an enactment;

“ the new Act ” means the Social Security Act 1975 or, as this Act applies to Northern Ireland, the Social Security (Northern Ireland) Act 1975; and

“ the Old Cases Act ” means the Industrial Injuries and Diseases (Old Cases) Act 1975 or, as this Act applies to Northern Ireland, the Industrial Injuries and Diseases (Northern Ireland Old Cases) Act 1975;

and (except where otherwise stated) expressions defined in the new Act have the same meaning in this Act as in that Act.

(2) In Schedule 3 to this Act, “ the appointed day ”—

(a) for the purposes of any provision of that Schedule which replaces one from Schedule 26 to the 1973 Act, has the same meaning as it there had by virtue of section 101(2)(b) of that Act;

(b) in relation to any provision of the consolidations entering into force on any later day than 6th April 1975, means that later day; and

(c) otherwise means 6th April 1975; and

“ the 1975 amending Act ” means the Social Security Benefits Act 1975.

(3) References in this Act to any enactment, except so far as the context otherwise requires, are to that enactment as amended or extended by or under any other enactment including an enactment contained in any of the consolidations or in this Act.

Section 5 Extent.

(1) Section 1 of, and Schedules 1 and 2 to, this Act extend to Northern Ireland so far as they operate to repeal or amend an enactment in force in Northern Ireland.

(2) The remainder of this Act extends to Northern Ireland except where it is otherwise stated, and except so far as by its terms or effect it is capable of extending to Great Britain only or to England and Wales or Scotland only, or replaces provisions of earlier Acts not extending to Northern Ireland.

Section 6 Citation.

This Act may be cited as the Social Security (Consequential Provisions) Act 1975.

Section 1

In section 118(1) of the Bankruptcy (Scotland) Act 1913—

(a) in paragraph (a), after “ income tax” insert “ or class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;

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

Section 2

In section 33 (1) of the Bankruptcy Act 1914—

(a) in paragraph (a), after “ income tax” insert “ or Class 4 contributions under Part I of the Social Security Act 1975 or Part I of the Social Security (Northern Ireland) Act 1975”;

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

Section 3

In Schedule 2 to that Act, for paragraph 9 substitute—

(9) Formal proof of debts in respect of contributions payable under the Social Security Act 1975 or the Social Security (Northern Ireland) Act 1975, or of contributions or premiums payable under Part III of the Social Security 1973 (to which contributions and premiums priority is given by this Act) shall not be required except where it may otherwise be provided by rules under this Act.

Section 4

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Section 5

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Section 6

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Section 7

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Section 8

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Section 9

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Section 10

In the House of Commons Disqualification Act 1957—

(a) in Schedule 1, Part II, in each of the entries beginning “ A Medical Appeal Tribunal” and “ A Medical Board” for “ the National Insurance (Industrial Injuries) Act 1965 or the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975”;

(b) in Schedule 1, Part II, as substituted (and set out in Schedule 3) in relation to the Northern Ireland Assembly, in each of those entries for “ the National Insurance (Industrial Injuries) Act (Northern Ireland) 1966” substitute “ Part III of the Social Security Act 1975 or Part III of the Social Security (Northern Ireland) Act 1975” ;

(c) in Schedule 1, Part III, in the first entry beginning “ Chairman or Deputy Chairman”, for “ 1967” substitute “ 1975” ;

(d) in Schedule 1, Part III, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security Act 1975 or under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”

(e) in the Part substituted for Part III of Schedule 1 in relation to the Northern Ireland Assembly, for the entry substituted by the Social Security Act 1973, Schedule 27, paragraph 18, substitute— “ Chairman of a Local Tribunal constituted under section 97(2) of, and Schedule 10 to, the Social Security (Northern Ireland) Act 1975. ”

Section 11

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Section 12

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Section 13

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Section 19

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Section 24

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Section 32

In section 67(3) of the Agriculture Act 1967, in paragraph (e), for the words following “ benefits” substitute “ payable under Part II of the Social Security Act 1975”.

Section 33

In Schedule 3 to the Public Expenditure and Receipts Act 1968, for the entry at the end of paragraph 1(b) (inserted by the Social Security Act 1973, Schedule 27, paragraph 77) substitute—

Section 34

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Section 35

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Section 36

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Section 37

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Section 38

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Section 40

In schedule 4 to the Administration of Justice Act 1970, substitute for paragraph 3—

(3) Reserve scheme contributions and premiums under Part III of the Social Security Act 1973.

(3A) Class 1, 2, and 4 contributions under Part I of the Social Security Act 1975.

Section 41

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Section 42

In Schedule 2 to the Attachment of Earnings Act 1971, for paragraph 3 substitute—

(3) Reserve scheme premiums and contributions under Part III of the Social Security Act 1973 ;

(3A) Class 1, 2 and 4 contributions under Part I of the Social Security Act 1975.

Section 43

In Schedule 3 to that Act, for paragraph 3(b) substitute—

(b) primary reserve scheme contributions under Part III of the Social Security Act 1973 ;

(bb) primary Class 1 contributions under Part I of the Social Security Act 1975.

Section 44

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Section 45

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Section 46

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Section 47

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Section 48

In Schedule 2 to the Housing (Financial Provisions) (Scotland) Act 1972, in paragraph 9(2)(i), for sub-paragraph (i) substitute—

(i) a widow’s pension (by way of industrial injuries benefit) payable at the initial rate or the higher permanent rate under section 68 of the Social Security Act 1975,

Section 49

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Section 50

The Social Security Act 1973 shall be amended in accordance with the following 16 paragraphs.

Section 51

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Section 52

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Section 53

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Section 58

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Section 59

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Section 60

In section 95—

(a) in subsection (2)(b) for “and 13 to 15” substitute “13 and 14”, and for “Schedules 23 and 26” substitute “Schedule 23”;

(b) in subsection (4) for “Parts II, III and IV ” substitute “Part II”.

Section 61

In section 97, for subsection (3) substitute—

(3) All regulations and orders made under this Act by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament

and in subsection (4), omit “ 48(3) or” and for “ the relevant” substitute “ that”.

Section 62

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Section 66

In Schedule 25—

(a) for paragraph 2 substitute—

2. For any reference to the Secretary of State (except in sections 96(6) and 99(3) and Schedule 23, paragraph 5) substitute the Northern Ireland Ministry, and for any reference to the Minister for the Civil Service substitute the Ministry of Finance

(b) for paragraph 8 substitute—

8. in section 99(17) after “97” insert “or Schedule 25, paragraph 15(3) or (3A)”.

(c) in paragraph 10(f), in the paragraph substituted for Schedule 23 paragraph 11, for “7 to 9” substitute “7 and 9” and in paragraph 10(g) for “7 to 9” substitute “7 and 9”.

Section 67

In paragraph 1 of Schedule 5 to the National Insurance and Supplementary Benefit Act 1973, for “ sections 1 to 6” substitute “ section 6”.

Section 68

In section 11(3) of the Employment and Training Act 1973, for the words from “ the National” to “ that Act” substitute “ Part II of the Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner”.