OpenLegislation

Social Security Act 1988 in Northern Ireland

1988 c. 7 · Enacted 15 March 1988 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 8 February 2019.

Contents

  1. 1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  3. 12Up-rating Orders.
  4. General and supplementary
  5. 17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  6. 18Commencement.
  7. 19Extent.
  8. 20Citation.
  9. Part I: Earnings Factors
  10. Part II: Transfer Values
  11. Schedule 4: MINOR AND CONSEQUENTIAL AMENDMENTS
  12. Exemption from Income Tax
  13. 1Paragraph 1 Repealed
  14. Employment and Training
  15. 2Paragraph 2
  16. Social Security Act 1975
  17. 3–20Paragraph 3–20 Repealed
  18. Other amendments of Social Security Act 1986
  19. 21Paragraph 21
  20. 22Paragraph 22 Repealed
  21. 23–30Paragraph 23–30 Repealed
  22. Schedule 5Repeals

1–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10, 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

12Up-rating Orders.

(1)

It is hereby declared that the orders to which this section applies were validly made and that the Secretary of State is under no duty to revoke them.

(2)

The orders to which this section applies are—

(a)

the M1Social Security Benefits Up-rating (No. 2) Order 1987;

(b)

the M2Occupational Pensions (Revaluation) Order 1987.

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

18Commencement.

(1)

The provisions of this Act to which this subsection applies shall come into force on the day this Act is passed.

(2)

Subsection (1) above applies to the following provisions of this Act—

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1,

  • section 16(2), so far as it relates—

(a)

to sections 45, 45A, 46, 47B and 66 of the Social Security Act 1975;

(b)

to Schedule 1 to the M1Social Security Act 1980; and

(c)

to section 13(4)(a) of the M2Social Security Act 1985;

  • section 17;

  • this section;

  • sections 19 and 20.

C1(3)

Subject to subsections (1) and (2) above, this Act shall come into force on such day as the Secretary of State may by order . . . F2 appoint, and different days may be appointed in pursuance of this section for different provisions or different purposes of the same provision.

(4)

The Secretary of State may by regulations . . . make—

(a)

such transitional provision;

(b)

such consequential provision; or

(c)

such savings,

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 which is repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.

(5)

Regulations under subsection (4) above may make modifications of any enactment contained in this or in any other Act.

(6)

In subsection (5) above “modifications” includes additions, omissions and amendments.

7),(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

19Extent.

(1)

Subsection (1) of section 14 above extends only to England and Wales and subsection (2) of that section extends only to Scotland.

(2)

Sections 17 and 20(1) of this Act and this section extend to Northern Ireland, and section 18(1) and (2) extend there so far as they relate to those provisions.

(3)

The extent of any amendment or repeal of an enactment in Schedule 4 or 5 to this Act is the same as that of the enactment amended or repealed.

(4)

Subject to the foregoing provisions of this section, this Act does not extend to Northern Ireland.

20Citation.

(1)

This Act may be cited as the Social Security Act 1988.

(2)

Sections 1 to 12 above (including Schedules 1 to 3 to this Act) and sections 15 to 19 above (including Schedules 4 and 5) and this section, so far as they have effect for the purposes of sections 1 to 12 above, may be cited together with the Social Security Acts 1975 to 1986 and the M1Social Fund (Maternity and Funeral Expenses) Act 1987 as the Social Security Acts 1975 to 1988.

1F1C1

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

2C1

The following subsection shall be substituted for section 12(2) of the M1Employment and Training Act 1973—

“(2)

It shall be the duty of each local education authority and the Commission to furnish the Secretary of State with such information in its possession as the Secretary of State may require as being information required in connection with the determination of questions relating to contributions or benefit under—

(a)

the benefit Acts as defined in section 84(1) of the Social Security Act 1986;

(b)

the Social Security Act 1988;

and any information falling to be furnished in pursuance of this subsection shall be furnished in such a form and at such times as the Secretary of State may direct.”

3–20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

21C1

The Social Security Act 1986 shall also be amended as follows.

22F1

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

23–30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Schedule 5RepealsC1

1964 c. 60.Emergency Laws (Re-enactments and Repeals) Act 1964.Section 4.
1968 c. 46.Health Services and Public Health Act 1968.Section 61.
1975 c. 14.Social Security Act 1975.In section 45(2A), the words “is engaged in any one or more employments from which she”.
In section 45A(3), the words “is engaged in any one or more employments from which he”.
In section 46(4), the words “from employment by the pensioner”.
Section 47B(1)(b) and the word “and” immediately preceding it.
Section 59A(11).
In section 66, in subsection (3), the words “from any one or more employments” and in subsection (4), the words “is engaged in any one or more employments from which he or she”.
Section 69.
In Schedule 3, paragraph 1(4)(b), in paragraph 8(3), the words from “paragraph (b)” in the first place where those words occur, to “of”, in the fourth place where it occurs and paragraph 9.
1976 c. 36.Adoption Act 1976.Section 47(4) and (5).
1977 c. 49.National Health Service Act 1977.Section 5(3).
In Schedule 12, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2) and paragraph 5.
1978 c. 28.Adoption (Scotland) Act 1978.Section 41(3) to (5).
1978 c. 29.National Health Service (Scotland) Act 1978.Section 85(5).
In Schedule 11, in paragraph 1, in sub-paragraph (1), the words from “and regulations” to the end, and sub-paragraph (2).
1980 c. 30.Social Security Act 1980.In Schedule 1, paragraph 2.
1985 c. 53.Social Security Act 1985.Section 13(4)(a).
Section 14.
1986 c. 50.Social Security Act 1986.In section 20(6), the words “,beginning with the week in which a claim for it is made or is treated as made”.
Section 23(8).
In section 32, subsection (3), in subsection (4), the words “Social fund” and in subsection (8), the words “social fund”, in the second place where they occur and the words from “and” to the end.
In section 33(1), the words “social fund”.
In section 34(1)(a), the words “to him” and the words “social fund”, in the second place where they occur.
In section 50(1), in the definition of “employer”, the words “and a contract of service of hers” and the words “under the contract”.
In section 51(2), the words “social fund”.
In section 52(6), the words “social fund”.
In section 53(10), the words “social fund”.
In section 63(7), the word “specified”, in the second place where it occurs.
In section 84(1), the definition of “social fund payment”.
In Schedule 3, paragraph 5(3) to (8) and paragraphs 9 and 11.
In Schedule 10, paragraph 45.

The repeal of section 69 of the M1Social Security Act 1975 is subject to paragraph 3 of Schedule 1 to this Act.