OpenLegislation

Social Security and Housing Benefits Act 1982 in Northern Ireland

1982 c. 24 · Enacted 28 June 1982 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 22 August 1996.

Contents

  1. The qualifying conditions
  2. Limitations on entitlement, etc.
  3. Rate of payment, etc.
  4. 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  5. Relationship with benefits and other payments, etc.
  6. 10Relationship with benefits and other payments, etc.
  7. Determination of questions
  8. 11—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  9. 19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  10. Miscellaneous
  11. 24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  12. 25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  13. 28—36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  14. Part III: Miscellaneous
  15. 42Up-rating regulations.
  16. 43War pensions.
  17. 45Regulations.
  18. 48Short title etc.
  19. The general principle
  20. Contractual remuneration
  21. Sickness and unemployment benefit
  22. 5Paragraph 5 Repealed
  23. 6Paragraph 6 Repealed
  24. 7—11Paragraph 7—11 Repealed
  25. Employment Protection (Consolidation) Act 1978 (c. 44)
  26. 12Paragraph 12 Repealed
  27. Schedule 4: Amendments and Transitional Provisions
  28. Part I: MINOR AND CONSEQUENTIAL AMENDMENTS
  29. National Assistance Act 1948 (c. 29)
  30. 2Paragraph 2 Repealed
  31. 3Paragraph 3
  32. 4, 5Paragraph 4, 5 Repealed
  33. 6Paragraph 6
  34. 11Paragraph 11 Repealed
  35. 14Paragraph 14 Repealed
  36. 19Paragraph 19 Repealed
  37. 22—28Paragraph 22—28 Repealed
  38. 29Paragraph 29
  39. Social Security Act 1980 (c. 30)
  40. 30Paragraph 30 Repealed
  41. 32Paragraph 32 Repealed
  42. 33Paragraph 33 Repealed
  43. 35Paragraph 35
  44. 36Paragraph 36
  45. 37Paragraph 37
  46. 38Paragraph 38 Repealed

8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

10Relationship with benefits and other payments, etc.

Schedule 2 to this Act has effect with respect to the relationship between statutory sick pay and certain benefits and payments and for the purpose of modifying other enactments.

11—16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

19—21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

28—36. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .F1

42Up-rating regulations.

1)(2)

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(3)

Neither section 139 nor section 141 of the principal Act (consultation with the Council and with the Committee) shall be taken to have applied in relation to any regulations contained in the M1Social Security Benefits Up-rating Regulations 1979 or the M2Social Security Benefits Up-rating Regulations 1980.

43War pensions.

C1(1)

In section 6 of the M1Pensions Appeal Tribunals Act 1943 (setting aside of Tribunal’s decision and rehearing of appeal), after the words “Minister’s decision” in subsection (2A) there are inserted the words “ (the “original decision”) ” and after subsection (2B) there are inserted the following subsections—

“(2C)

Where a direction for a rehearing is given under subsection (2A) above, the Minister may, before the expiry of the period of two months beginning with the date of the direction, review the original decision.

(2D)

If, on any such review, the Minister is of the opinion that there are grounds for revising the original decision he shall—

(a)

notify the appellant of his opinion and of the revision which he proposes to make ; and

(b)

if the appaellant withdraws his appeal against the original decision, revise it accordingly.”.

(2)

In any case where, before the commencement of this section, an award has been made in respect of a claim for a war pension, the validity of that award shall not be called into question on the ground that it was made—

(a)

in consequence of the review of a decision made in respect of the claim (whether or not following an appeal against that decision); and

(b)

at a time when there was no provision in force authorising that review.

(3)

The Secretary of State may by order make provision for determining the date from which any award made before the commencement of this section in respect of a claim for a war pension is to be taken to have had effect in a case where—

(a)

at the time when the award was made there was no provision in force for determining that date; or

(b)

the award was made following—

(i)

an appeal to the High Court, Court of Session or Court of Appeal; or

(ii)

the rehearing of any appeal;

and the date from which payment under the award was first made was later than the date from which payment was, by virtue of any provision in force at the time when the award was made, required to be first made.

(4)

An order under subsection (3) above may provide that in any case where the date from which an award is, by virtue of the order, to be taken to have had effect is earlier than the date from which payment under the award was first made, any arrears due to a person in respect of the award shall be limited to those payable in respect of a specified period of not more than six years.

(5)

In this section “war pension” means—

(a)

such pensions and other benefits as are referred to in section 12 of the M2Social Security (Miscellaneous Provisions) Act 1977 (exercise by Order in Council of existing powers relating to benefits for death or disablement through service in the armed forces);

(b)

any pension or benefit awarded under the M3Personal Injuries (Emergency Provisions) Act 1939, the M4Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the M5Polish Resettlement Act 1947; and

(c)

such other pensions and benefits as may be specified in an order made by the Secretary of State for the purposes of this section.

45Regulations.

(1)

Subsections (2), (3) and (5) of section 166 of the principal Act (which among other things make provision about the extent of powers to make orders and regulations) shall apply to any power to make orders or regulations conferred by this Act as they apply to any power to make orders or regulations conferred by that Act; . . . F1

F2(2)

Any power of the Secretary of State to make orders or regulations under this Act shall be exercisable by statutory instrument; and any statutory instrument—

(a)

which contains (whether alone or with other provisions) any such orders or regulations, other than an order under section 48(3) of this Act, and

(b)

which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)

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48Short title etc.

(1)

This Act may be cited as the Social Security and Housing Benefits Act 1982, and Parts I and III of this Act and the Social Security Acts 1975 to 1981 may be cited together as the Social Security Acts 1975 to 1982.

F1(2)

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C1(3)

The following provisions come into force on the passing of this Act—

(a)

sections 7, 26, 40, 42 and 44 to 47;

(b)

paragraphs 1 to 4, 7, 11, 14(1) and (3), 16, 21, 23 to 25, 30 to 34, 37 and 38 of Schedule 4; and

(c)

subsections (1) to (4) and (7) of this section and subsection (5) of this section so far as it relates to the provisions mentioned in paragraph (b) above:

and the other provisions of this Act come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and different days may be appointed for different provisions, different purposes or different areas.

(4)

An order under subsection (3) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions thereby brought into force.

(5)

The enactments mentioned in Part I of Schedule 4 to this Act shall have effect subject to the minor and consequential amendments specified in that Part; and the transitional provisions in Part II of that Schedule shall have effect.

C2(6)

The enactments mentioned in Schedule 5 to this Act (which include some that are spent) are hereby repeald to the extent specified in the third column of that Schedule.

(7)

This Act, except sections 42(2), 43 and 45 and this section and paragraphs 2 and 30, 32 and 33 of Schedule 4, does not extend to Northern Ireland.

5

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6

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7—11

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12

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2

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3

Section 10 of the Industrial Training Act 1964 (accidents in connection with training), as it applies otherwise than in relation to the Agricultural Training Board, shall have effect as if after the word “board” in subsection (1) and in each place where it occurs in subsection (3) there were inserted the words “ the Commission or the Minister ”.

4, 5

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6

(1)

In paragraph 1(1)(a) of Schedule 1 to the Housing Finance Act 19772 (the Housing Revenue Account) the words “or water rates or charges” are hereby repealed.

2)—(4)

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11

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14

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19

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22—28

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29

In section 132(4)(b) of the Employment Protection (Consolidation) Act 1978 (which provides that certain provisions of the Supplementary Benefits Act 1976 relating to the recovery of benefit shall not apply to supplementary beenfit recouped by virtue of that section) for the words “section 12(1), (2) or (3)” there are substituted the words “ section 12(1) or (2) ”.

30F1

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32F1

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33F1

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35

1)(2)

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(3)

In subsection (6) of that section (excluded items) paragraph (c) and the word “and” immediately preceding that paragraph are hereby repealed.

36

For section 154 of the said Act of 1980 (grant of rent rebates by urban development corporations) there is substituted the following section—

“154
(1)

If the Secretary of State so provides by order, such provisions of Part II of the Social Security and Housing Benefits Act 1982 relating to rent rebates as may be specified in the order shall have effect in relation to an urban development corporation—

(a)

as if the corporation were a housing authority ; and

(b)

with such other modifications (if any) as may be so specified.

(2)

The power to make an order under this section shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.”.

37

In section 18 of the Industrial Training Act 1982 (industrial injuries benefit for accidents in training) after the word “board” in subsection (1) and in each place where it occurs in subsection (3) there shall be inserted the words “ , the Commission or the Secretary of State ”.

38

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