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Schedule 4

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.

Minor And Consequential Amendments

Amendments made: No. 90, in page 42, line 25, at end insert—

'0. In subsection (1)(b) of section 66 of the Social Security Act 1973 (Occupational Pensions Board) after the word "advisory" there shall be inserted the words "or other."

No. 91, in page 42, line 26, leave out 'the Social Security Act 1973' and insert 'that Act'.

No. 92, in page 43, line 21, at end insert—

'3A. In subsection (3)(b) of section 1 of the Social Security Act 1975 (outline of contributory system), for "120 and 122" there shall be substituted "4, 120, 122 and 123A".'

No. 93, in page 43, line 21, at end insert—

'3F. In section 122 of that Act (additional power to alter contributions), —
  • (a)in subsection (1), the following paragraphs shall be substituted for paragraph (a)
    • "(a) the percentage rate for primary Class 1 contributions specified as the appropriate rate for Bracket 3 in section 4(6B);
    • (aa) the percentage rate for secondary Class 1 contributions specified as the appropriate rate for Bracket 4 in section 4(6E);" and
  • (b)in subsection (4), for the words from "4(6)" to the end there shall be substituted the words "4 of this Act by altering—
  • (a)the percentage rate for primary Class 1 contributions specified as the appropriate rate for Bracket 3 in subsection (6B);
  • (b)the percentage rate for secondary Class 1 contributions specified as the appropriate rate for Bracket 4 in subsection (6E).".'.
  • No. 162, in page 43, line 21, at end insert —

    • '3C. The following subsection shall be added at the end of section 18 of that Act (duration of unemployment benefit)—
    • "(4) Regulations may provide for treating a person for the purposes of this section as having been entitled to unemployment benefit for any day if he would have been entitled to it but for—
    • (a)failure to make a claim; or
    • (c)failure to make a claim within the prescribed time;
    but a person is not to be so treated where he shows that he did not intend, by so failing, to avoid the necessity of requalifying for benefit.".'.

    No. 163, in page 43, line 21, at end insert—

    Disqualifications Disregarded For Certain Purposes

    '3D. The following section shall be substituted for section 83 of that Act —

    83. Regulations may provide for a person who would be entitled to any benefit but for the operation of any provision of this Act disentitling him to that benefit to be treated as if entitled to it for the purposes of any rights or obligations (whether his own or another's) under this Act which depend on his entitlement, other than the right to payment of the benefit.".'.

    No. 167, in page 43, line 21, at end insert—

  • '3B. In section 13 of that Act—
  • (a)in paragraph (a) of subsection (5) (earnings factors), after the word "rise" there shall be inserted the words ", subject to subsection (5A) below,"; and
  • (b)the following subsection shall be inserted after that subsection—
    • "(5A) The Secretary of State may by regulations make such modifications of subsection (5)(a) above as appear to him to be appropriate in consequence of section 4(6B) above.".'.

    No. 164, in page 43, line 23, leave out 'the Social Security Act 1975' and insert 'that Act'.

    No. 94, in page 43, line 25, at end insert—

    • '4A. In section 134(4) of that Act (national health service and employment protection allocations)—
    • (a)for "determined", in each of the paragraphs defining "the appropriate national health service allocation" and "the appropriate employment protection allocation" there shall be substituted "estimated"; and
    • (b)for the words from "and in this subsection" to the end there shall be substituted the words "and in this subsection "estimated" means estimated by the Secretary of State in any manner which after consulting the Government Actuary he considers to be appropriate and which the Treasury has approved".
    • 4B. In section 167 of that Act (parliamentary control of orders and regulations)—
    • (a)in subsection (2), for "120 or 122" there shall be substituted "4, 120, 122 or 123A"; and
    • (b)in subsection (3)—
    • (i) after "section" there shall be inserted "4,"; and
    • (ii) after "122" there shall be inserted ", 123A".
    • 4C. In paragraph 1 of Schedule 1 to that Act (Class 1 contributions where earner employed in more than one employment)—
    • (a)in sub-paragraph (1A), the following words shall be substituted for the words from "the amount" to the end—
    • (a)the amount of the primary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (1B) below; and
    • (b)the amount of the secondary Class 1 contribution in respect of the aggregated earnings shall be determined in accordance with sub-paragraph (1D) below."; and
    • (b)the following sub-paragraphs shall be inserted after that sub-paragraph—
      • "(1B) The amount of the primary Class 1 contribution shall be the aggregate of the amounts obtained—
      • by applying the rates of primary Class 1 contributions that would apply if the aggregated earnings were all attributable to contracted—out employments—
      • (i) to the part of the aggregated earnings attributable to any such employments, or
      • (ii) if that part exceeds the current upper earnings limit, to so much of that part as does not exceed that limit; and
      • (b)if that part is less than that limit, by applying the rate of primary Class 1 contributions that would apply if the aggregated earnings were all attributable to employments which are not contracted—out to so much of the remainder of the aggregated earnings as, when added to that part, does not exceed that limit.
      • (1C) In relation to earners paid otherwise than weekly, any reference in sub-paragraph (1A) or (1B) above to the lower or upper earnings limit shall be construed as a reference to the prescribed equivalent of that limit.
      • (1D) The amount of the secondary Class 1 contribution shall be the aggregate of the amounts obtained—
      • (a)by applying the rates of secondary Class 1 contributions that would apply if the aggregated earnings were all attributable to contracted-out employments to the part of the aggregated earnings attributable to any such employments; and
      • (b)by applying the rate of secondary Class 1 contributions that would apply if the aggregated earnings were all attributable to employments which are not contracted—out to the remainder of the aggregated earnings.".'
    No. 165, in page 43, line 25, at end insert—
    "'Entitled' and cognate expressions.
    • '4D. In Schedule 20 to that Act (glossary of expressions) the following definition shall be inserted after the definition of "Employment"—
    In relation to any benefit, see—
  • (a)the provisions specifically relating to that benefit;
  • (b)in the case of a benefit specified in section 12(1), section 13; and
  • section 165A.".'.
  • No. 95, in page 43, line 26, at end insert—

    • '4E. In section 1(1)(b) of the Social Security Pensions Act 1975 (earnings limits), the words "primary Class 1" shall be substituted for the word "such".
    • 4F. In section 6 of that Act (rate of Category A retirement pension)—
    • (a)in subsection (5), for the word "References", in the first place where it occurs, there shall be substituted the words "Subject to subsection (5A) below, references"; and
    • (b)the following subsection shall be inserted after that subsection—
      • "(5A) The Secretary of State may prescribe circumstances in which pensioners' earnings factors for any relevant year may be calculated in such manner as may be prescribed.".
    • 4G. In section 27 of that Act (contracted-out rates of Class 1 contributions), at the end of subsection (1) there shall be added the words "and
    • (c) in the case of a secondary Class 1 contribution, the normal percentage of so much of those earnings as exceeds the current upper earnings limit.".'.

    No. 96, in page 43, line 27, leave out

    'the Social Security Pensions Act 1975' and insert

    'that Act'.

    No. 134, in page 44, line 13, at end insert—

  • 8A.—
  • (1) In section 41A of that Act (protection of earners' pensions)—
  • (a)in subsection (1), for "commencement of payment", in the third place where those words occur, there shall be substituted "relevant"; and
  • (b)the following subsections shall be inserted after that subsection—
    • (1A) In subsection (1) above "the relevant date" means, subject to subsection (1B) below, the commencement of payment date.
    • (1B) In the application of subsection (1) above to a case where a scheme makes such provision as to any part of a pension as is mentioned in section 33(4) above, the reference to the relevant date is to be construed, in relation to the part of the pension as to which such provision is made, as a reference to the date on which by virtue of it that part of the pension commences to be paid.".
  • (2) Sub-paragraph (1) above shall be deemed to have come into force on 1st January 1985.
  • 8B. The following further amendments of that section shall also be made—
  • (a)in subsection (2), "(1C)" shall be substituted for "(1)"; and
  • (b)in subsection (6), "subsections (1)(c) and (1C)(b)— shall be substituted for "subsection (1)(c) and (ii)".'
  • 8C. In section 41B of that Act (protection of widows' pensions)—
  • (a)in subsection (2), "(1A)" shall be substituted for "(1)"; and
  • (b)in subsection (5), "subsections (1)(c) and (1A)(b)" shall be substituted for "subsection (1)(c) and (ii)".'.
  • No. 168, in page 44, line 13, at end insert—

    '4H. The following subsection shall be inserted after section 43(1) of that Act (calculation of contributions equivalent premium)—
    "(1A) Where an earner's earnings paid in any period—
  • (a)exceeded the lower earnings limit; but—
  • (b)were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,
  • it shall be assumed for the purposes of subsection (1) above that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them.".

    No. 169, in page 44, line 31, at end insert—

    • '4J. In subsection (2) of section 44 of that Act (premium on termination of contracted-out scheme)—
    • (a)in paragraph (a), after the word "arrangements" there shall be inserted the words "and have not been disposed of so as to discharge the trustees or managers of the scheme under paragraph 15 of Schedule 1A to this Act"; and
    • (b)in paragraph (b), for the words "so subject" there shall be substituted the words "subject to approved arrangements .".'

    No. 170, in page 44, line 31, at end insert—

    '4K. The following subsection shall be inserted after section 47(2) of that Act (calculation of certified amount)—
    "(2A) Where an earner's earnings paid in any period—
  • (a) exceeded the lower earnings limit; but
  • (b) were not such that primary Class I contributions within Bracket 3 fell to be paid in respect of them, it shall be assumed for the purposes of subsection (2) above that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them.".'.
  • No. 153, in page 44, line 36, at end insert—

    '10A. The following subsection shall be inserted after section 47(9) of that Act (prohibition of recovery or retention of state scheme premium)—
    "(9A) Nothing in subsection (9) above affects—
  • (a)the right of the trustees or managers of a scheme, in a case where an accrued rights premium or a pensioner's rights premium has been paid, to reduce the pension of the person in respect of whom the premium has been paid by the amount of his guaranteed minimum pension;
  • (b)the right of trustees or managers, in a case where a limited revaluation premium has been paid, to recoup it—
  • (i) out of the resources of the scheme, in so far as they derive from contributions; or
  • (ii) in prescribed cases, out of payments made to them in respect of an earner's transfer to their scheme from some other scheme;
  • (c)the right of trustees or managers, in a case where a state scheme premium has been paid, to make the deduction for which paragraph 12(6) of Schedule 1A to this Act provides when they calculate the cash equivalent to which the earner in respect of whom the premium has been paid has a right under Part II of that Schedule.".'.
  • No. 97, in page 45, line 45, at end insert—

    'Social Security and Housing Benefits Act 1982 (c. 24)
    16A. In section 20 of the Social Security and Housing Benefits Act 1982 (offences and penalties) "3(4A)(b)" shall be inserted after "section".'.

    No. 98, in page 46, line 4, at end insert—

    'Social Security (Contributions) Regulations 1979 (S.1. 1979/591)
    18. In regulation 98(c) of the Social Security (Contributions) Regulations 1979 (amount of Class 2 contribution of share fishermen) "6.30" shall be substituted for "7.55". ' .—[Mr. Newton.]