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Entitlement To Benefit Dependent On Claim

Volume 77: debated on Thursday 18 April 1985

The text on this page has been created from Hansard archive content, it may contain typographical errors.

'The following section shall be inserted immediately before section 166 of the Social Security Act 1975— "General provision as to necessity of claim for entitlement to benefit 165A.—
  • Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
  • (a) he makes a claim for it—
  • (b)made under any enactment before the expiry of the period of six months beginning with the commencement of section [Calculation of contributions] above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 4(6A) or (6D) or 13(5A) of the Social Security Act 1975 or section 6(5A) of the Social Security Pensions Act 1975;
  • (c)made under section 15A of the Social Security Act 1975 or section 2(3A) or 3(4A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 9 above;
  • (d)made under any enactment before the expiry of the period of six months beginning with the commencement of section 9 above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under any provision inserted by it in the Social Security Act 1975 or the Social Security and Housing Benefits Act 1982;
  • (e)made under section 9(1A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section 10 above;
  • (f)made under any enactment before the expiry of the period of six months beginning with the commencement of section 10 above and contained in a statutory instrument which states that it contains only provisions consequential on subsection (1) of that section or such provisions and regulations made under section 9(1A) of the Social Security and Housing Benefits Act 1982;
  • (g)made under section 22(8) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule [Miscellaneous amendments relating to statutory sick pay] to this Act;
  • (h)made under any enactment before the expiry of the period of six months beginning with the commencement of paragraph 2 of Schedule [Miscellaneous amendments relating to statutory sick pay] to this Act and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that paragraph or such provisions and regulations made under section 22(8) of the Social Security Act 1975;
  • (j)made under section 165A(1) of the Social Security Act 1975 before the expiry of the period of six months beginning with the commencement of section [Entitlement to benefit dependent on claim] above;
  • (k)made under any enactment before the expiry of the period of six months beginning with the commencement of section [Entitled to benefit dependent on claim] above and contained in a statutory instrument which states that it contains only provisions consequential on that section or such provisions and regulations made under section 165A(1) of the Social Security Act 1975;
  • (l)made under section 17(2A) of the Social Security and Housing Benefits Act 1982 before the expiry of the period of six months beginning with the commencement of section [Medical evidence] above;
  • (m)made under any enactment before the expiry of the period of six months beginning with the commencement of section [Medical evidence] above and contained in a statutory instrument which states that it contains only provisions consequential on the exercise of the power conferred by virtue of that section or such provisions and regulations made under section 17(2A) of the Social Security and Housing Benefits Act 1982.' —[Mr.Newton.]
  • Brought up, and read the First time.

    With this it will be convenient to take Government amendment No. 142.

    The new clause simply provides that regulations made under powers taken in the Bill are not to be referred to the Social Security Advisory Committee or to the Industrial Injuries Advisory Council if made within six months of Royal Assent or of the operative date of the relevant clause. If that sounds in any way disturbing, I should point out that, as I am sure the hon. Member for Birkenhead (Mr. Field) is aware, this is normal procedure when the basic purposes of the proposals are set out in the primary legislation and discussed by the House. In those circumstances, it is normal for the subsequent regulations not to be referred to the SSAC or the IIAC.

    I should state specifically, however, that the first set of regulations about dependency increases will be subject to the affirmative resolution procedure. In the ordinary way they would be subject to the negative procedure, but as the House has not had the opportunity to discuss the details in this instance it will have that opportunity to do so when we bring forward the proposals.

    Question put and agreed to.

    Clause read a Second time, and added to the Bill.