OpenLegislation

Social Security Act 1989 in Northern Ireland

1989 c. 24 · Enacted 21 July 1989 · Extends to United Kingdom

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 17 January 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 25 and cross-headingomittedVeterans Advisory and Pensions Committees Act 2023 s. 2(1)(a)

Contents

  1. 1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  2. 4Earnings factors.
  3. Liability to maintain children
  4. 5Liability of parants to maintain children under the age of nineteen in respect of whom income support is paid.
  5. Benefits under the principal Act
  6. 6Benefits for women widowed before 11th April 1988.
  7. 22Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases.
  8. 23Equal treatment for men and women.
  9. 24Miscellaneous amendments relating to pensions.
  10. War pensions committees
  11. 25Establishment and functions of war pensions committees.
  12. General and supplementary provisions
  13. 31Minor and consequential amendments, repeals and transitional provisions.
  14. 32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  15. 33Short title, commencement and extent.
  16. Schedule 1: Abolition of Earnings Rule Etc.
  17. 1–10Paragraph 1–10 Repealed
  18. Occupational and personal pensions
  19. 11Paragraph 11 Repealed
  20. Schedule 4: Recovery of Sums Equivalent to Benefit from Compensation Payments in respect of Accidents etc: Supplementary Provision
  21. 21Paragraph 21 Repealed
  22. Modification of Law Reform (Personal Injuries) Act 1948
  23. 22Paragraph 22
  24. Modification of Bankruptcy (Scotland) Act 1985
  25. 23Paragraph 23
  27. 24Paragraph 24 Repealed
  28. Schemes to comply with the principle of equal treatment
  29. 1Paragraph 1
  30. The principle
  31. Non-compliance: compulsory levelling up
  32. 3Paragraph 3
  33. Modification of schemes by the Occupational Pensions Board
  34. Unfair maternity provisions
  35. Unfair paternity leave provisions
  36. Unfair adoption leave provisions
  37. Unfair shared parental leave provisions
  38. Unfair parental bereavement leave provisions
  39. 5DParagraph 5D
  40. Unfair neonatal care leave provisions
  41. 5EParagraph 5E
  42. Unfair family leave provisions
  43. 6Paragraph 6
  44. Meaning of “employment-related benefit scheme” etc.
  45. Extension of ban on compulsory membership Not yet in force
  46. Jurisdiction
  47. Interpretation
  48. 10Paragraph 10
  49. Supplemental
  50. 11Paragraph 11 Repealed
  51. Future repeal of actuarial provisions Not yet in force
  52. 12Paragraph 12 Not yet in force
  53. Part II: Amendment of Enactments Relating to Employment
  54. Schedule 6: Occupational and Personal Pensions
  55. Social Security Act 1973 (c.38)
  56. 1Paragraph 1 Repealed
  57. 2Paragraph 2 Repealed
  58. 3Paragraph 3 Repealed
  59. 4Paragraph 4 Repealed
  60. Social Security Pensions Act 1975 (c. 60)
  61. 5Paragraph 5 Repealed
  62. 6,7Paragraph 6,7 Repealed
  63. 8Paragraph 8 Repealed
  64. 9Paragraph 9 Repealed
  65. 10Paragraph 10 Repealed
  66. 11Paragraph 11 Repealed
  67. 12Paragraph 12 Repealed
  68. 13Paragraph 13 Repealed
  69. 14Paragraph 14 Repealed
  70. Social Security (Miscellaneous Provisions) Act 1977 (c. 5)
  71. 15Paragraph 15 Repealed
  72. Social Security Act 1986 (c. 50)
  73. 16Paragraph 16 Repealed
  74. 17Paragraph 17 Repealed
  75. 18Paragraph 18 Repealed
  76. 19Paragraph 19 Repealed
  77. 20Paragraph 20 Repealed
  78. The Occupational Pension Schemes (Contracting-out) Regulations 1984 (S.I.1984/380)
  79. 21Paragraph 21
  80. Schedule 7: Pre-consolidation Amendments
  81. Social Security Act 1973 (c. 38)
  82. 1Paragraph 1 Repealed
  83. 2–13Paragraph 2–13 Repealed
  84. 14Paragraph 14 Repealed
  85. 15–20Paragraph 15–20 Repealed
  86. 21Paragraph 21 Repealed
  87. 22–26Paragraph 22–26 Repealed
  88. 28Paragraph 28 Repealed
  89. Schedule 8: Minor and Consequential Amendments
  93. Transitional and consequential provision in regulations
  94. 10Paragraph 10
  95. Restriction on first up-rating of additional pension
  96. 11Paragraph 11 Repealed
  97. Consultations about subordinate legislation
  98. 12Paragraph 12
  99. Regulations relating to home responsibilities
  100. 13Paragraph 13
  102. 14–18Paragraph 14–18 Repealed
  103. Joint citations
  104. 19Paragraph 19
  105. Schedule 9Repeals

1–3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

4Earnings factors.

1)–(4)

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(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 M1Social Security (Earnings Factor) Regulations 1979; and

  • “the Amending Regulations” means the M2Social 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 M3Social 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.

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

1)–(4)

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

C1(5)

In section 17(2)(a) of the M1 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”.

6Benefits for women widowed before 11th April 1988.

(1)

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(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(3)

The M1Social 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 M2Social Security Benefit (Dependency) Regulations 1977) of the following—

“

3A

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 F3section 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)

F4Section 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;

(c)

a Commissioner; and

  • “the amending provisions” are—

(a)

section 36(3) of the 1986 Act; and

(b)

regulation 2(6) of the M3Social 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 M4Interpretation Act 1978 (effect of repeals, substitutions etc).

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

1)–(6)

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

C1(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)

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

23Equal treatment for men and women.I1

Schedule 5 to this Act shall have effect for the purpose of implementing the directive M1 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.

24Miscellaneous 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.

25Establishment 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

(c)

the manner in which they may be removed.

F1(1A)

The regulations may give the committees functions relating to one or more of the following—

(a)

war pensions;

(b)

war pensioners;

(c)

AFCS benefits;

(d)

AFCS benefit recipients.

(2)

F2... the regulations may, in particular, provide that F3it is a function of a committee —

(a)

to consider any matter F4connected 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 F5to 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 F6it by the Secretary of State and to report to him on those matters with such recommendations as F7it may think fit; and

(d)

to assist the War Pensioners’ Welfare Service in looking after the welfare of F8people 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.

F9(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—

  • F10“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 M1Personal Injuries (Emergency Provisions) Act 1939,

(ii)

the M2Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or

(iii)

the M3Polish Resettlement Act 1947,

(c)

any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the M4Statute 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 F11or 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 M5Chronically 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 M6War 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”.

31Minor 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

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

32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

33Short 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.

C1P1(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;

(c)

paragraphs 1, 12 and 13 of Schedule 3 (and section 21 so far as relating to those paragraphs),

(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 F1and paragraph 20A of Schedule 4extend to Northern Ireland.

(7)

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

1–10

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

11F1

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

21

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

22C1

(1)

In section 2 of the M1Law 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

(c)

for the words from “therefrom” onwards there shall be substituted the words

“from the injuries in respect of—

(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.

23C1

In section 31 of the M1Bankruptcy (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

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

1I1

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

3I1

(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.

5DF1

(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—

    1. (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

    2. (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),

(c)

a period of paid adoption leave (within the meaning of paragraph 5B), or

(d)

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

5EF1

(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—

    1. (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

    2. (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),

(c)

a period of paid adoption leave (within the meaning of paragraph 5B),

(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).

6I1

(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.

10I1

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.

11F1

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

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.

1F1

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

2F1

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

3F1

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

4F1

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

5F1

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

6,7

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

8F1

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

9F1

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

10F1

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

11F1

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

12F1

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

13F1

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

14F1

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

15F1

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

16F1

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

17F1

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

18F1

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

19F1

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

20F1

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

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 M1Contracting-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.

1F1

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

2–13

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

14

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

15–20

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

21F1

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

22–26

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

28

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

10

(1)

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

C1(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.”

11

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

12

C1(1)

In section 61(2) of the Pensions Act—

F1(a)

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

(b)

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

(c)

for the word “(other” there shall be substituted the words

“or

(c)

Schedule 5 to the Social Security Act 1989,

(other ”.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

F3(3)

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

(4)

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

(5)

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

(6)

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

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 M1Social Security Pensions (Home Responsibilities and Graduated Retirement Benefit) Amendment Regulations 1981, and

(b)

the M2Social 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

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

19C1

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)

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

(b)

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

(c)

section 4(5) of the M1Forfeiture Act 1982;

(d)

section 5(1)(a) of the M2Social Security Act 1985;

(e)

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

Schedule 9RepealsC1

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).
F1. . .
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) X1 of the principal Act and the repeal X2of 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) X3 of the principal Act does not affect the continuing operation of the Unemployment Benefit (Disqualification Period) Order 1988.