The enactments mentioned in Scchedule 7 to this Act shall have effect subject to the amendments there specified, being amendments consequential on the provisions of this Act.

(3)

Subject to the provisions of Schedule 6 to this Act and in accordance with section 36(3) of this Act, the enactments specified in Schedule 8 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

C1(4)

The inclusion in this Act of any express transitional provision, saving or amendment shall not be taken as prejudicing the operation of section 38 of the Interpretation Act 1889 (effect of repeals).

36Short title, extent and commencement.

(1)

This Act may be cited as the Supplementary Benefits Act 1976.

(2)

The following provisions only of this Act shall extend to Northern Ireland—

Sections . . . F134(1) (definitions of . . . “enactment”), 34(2), 35 and this section, in Schedule 6, paragraphs 1 and 5, in Schedule 7, paragraphs 7 to 13 and Schedule 8 so far as it specifies any enactment extending to Northern Ireland other than section 6 of, and Schedule 4 to, the M1National Insurance and Supplementary Benefit Act 1973 and any enactment in the M2Social Security Benefits Act 1975.

(3)

This Act shall come into force on 15th November 1976, but the repeal of any enactment specified in Part II of Schedule 8 to this Act which has not come into force before that date shall not take effect until immediately after that enactment comes into force.

1

(1)

In so far as any order, rule, regulation, appointment, approval or other thing made or done, or deemed to be made or done, under an enactment repealed by this Act could have been made or done under a corresponding provision of this Act, it shall not be invalidated by the repeal but shall have effect as if made or done under that provision.

(2)

Anything begun under an enactment repealed by this Act may be continued under the corresponding provision of this Act as if begun under that provision.

(3)

References in this Act to things done, suffered or occurring in the past shall, so far as the context requires for the continuity of operation between enactments repealed by this Act and the corresponding provisions of this Act, be construed as including references to things done, suffered or occurring before the commencement of this Act.

(4)

Where any instrument or document refers expressly or by implication to an enactment repealed by this Act, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.

5

Any enactment or instrument that is to be construed in accordance with section 2(3) of the M1Supplementary Benefit Act 1966, as having effect in accordance with the Secretary of State for Social Services Order 1968, shall continue to be so construed notwithstanding the repeal by this Act of the said Act of 1966.

1

In section 3 of the Polish Resettlement Act 1947—

(a)

in subsection (5), for the words “ regulations made for the purposes of section 11 of the Ministry of Social Security Act 1966” there shall be substituted the words “ regulations made, or having effect as if made, under or for the purposes of section 5 of the Supplementary Benefits Act 1976”;

(b)

in subsection (7), for the words “ sections 26 and 29 of the Ministry of Social Security Act 1966” there shall be substituted the words “ sections 20 and 21 of the Supplementary Benefits Act 1976”;

(c)

in subsection (8), for the words “ section 23 of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 18 of the Supplementary Benefits Act 1976”; and

(d)

in subsection (9), for the words “ section 33(3)(a) of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 26(3)(a) of the Supplementary Benefits Act 1976”; and

2

In the Schedule to that Act, in paragraph 4—

(a)

for the words “constituted under Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “ constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976”; and

(b)

for the words “section 18(1) of the Ministry of Social Security Act 1966” there shall be substituted the words “section 15(1) of the Supplementary Benefits Act 1976”.

3

In section 22 of the National Assistance Act 1948&

(a)

in subsection (3), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”;

(b)

in subsection (5), for the words “ Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “ Schedule 1 to the Supplementary Benefits Act 1976”; and

(c)

in subsection (9), for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”.

4F1

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

5

In section 53 of that Act, for the words “ Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “ Schedule 4 to the Supplementary Benefits Act 1976”.

7

In section 3(1) of the Maintenance Orders Act 1950, the word “ or” where secondly ocurring shall be omitted and after the words “ Children Act 1948” there shall be inserted the words “ or section 19 of the Supplementary Benefits Act 1976”.

8

In section 4 of that Act—

(a)

at the end of subsection (1) there shall be inserted the following—

“(c)
for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).”; and

(b)

in subsection (2) the word “ or” where first occurring shall be omitted and after the word “ forty-three” there shall be inserted the words “ or the said section 18”.

9

In section 8(1) of that Act, after the words “ Children Act 1948 or section 81 of the Social Work (Scotland) Act 1968” there shall be inserted the words “ or section 19(8) of the Supplementary Benefits Act 1976”.

10

In section 9 of that Act—

(a)

at the end of subsection (1) there shall be inserted the following—

“(c)
for an order under section 18 of the Supplementary Benefits Act 1976 (which provides for the recovery of expenditure on supplementary benefits from persons liable for maintenance).”; and

(b)

in subsection (2) the word “ or” where first occurring shall be omitted and after the word “ forty-three” there shall be inserted the words “ or the said section 18”

11

In section 11(1) of that Act, the word “or” where first occuring shall be omitted and after “1950” there shall be inserted the words “or section 25 of the Supplementary Benefits &c. Act (Northern Ireland) 1966”.

12

In section 12 of that Act—

(a)

at the end of subsection (1) there shall be inserted the following—

“(c)
for an order under section 24 of the Supplementary Benefits &. Act (Northern Ireland) 1966 (which provides for the recovery of the cost of supplementary benefit from persons liable for maintenance).”; and

(b)

at the end of subsection (2), for the words “or of any order made under the said section 20 or the said section 11” there shall be substituted the words “or of any order made under any of the said sections 11, 20 and 24”.

13

In section 16(2) of that Act—

(a)

at the end of paragraph (a) there shall be inserted the following—

“(vi)
section 18 of the Supplementary Benefits Act 1976 or section 4 of the Affiliation Proceedings Act 1957 on an application made under section 19(2) of the Act of 1976;”;

(b)

at the end of paragraph (b) there shall be inserted the following—

“(viii)
an order made on an application under section 19(8)(b) of the Supplementary Benefits Act 1976 ;”; and

(c)

at the end of paragraph (c) there shall be inserted the following—

“(vi)
section 24 or 25 of the Supplementary Benefits &. Act (Northern Ireland) 1966.”.

14

In section 55(7) of the M1 Ecclesiastical Jurisdiction Measure 1963, as amended by section 1 of the M2 Ecclesiastical Jurisdiction (Amendment) Measure 1974, in the definition of “ affiliation order” the word “ or” shall be omitted and at the end there shall be inserted the words “ or section 19 of the Supplementary Benefits Act 1976”.

15

In section 4(5) of the M1 Legal Aid (Scotland) Act 1967—

(a)

for the words “ paragraphs 19, 20, 24 and 25 of Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “ paragraphs 17, 18, and 23 to 25 of Schedule 1 to the Supplementary Benefits Act”; and

(b)

for the words “ the said paragraph 19” there shall be substituted the words “ the said paragraph 17”.

16

In section 219(2) of the Income and Corporation Taxes Act 1970, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.

17

In Schedule 8 to the Administration of Justice Act 1970—

(a)

in paragraph 5, the word “ or” shall be omitted and for the words “ Act 1966)” there shall be substituted the words “ Act 1966 or section 19 of the Supplementary Benefits Act 1976)”; and

(b)

in paragraph 6, the word “ or” where first occurring shall be omitted and after the words “ Act 1966” there shall be inserted the words “ or section 18 of the Supplementary Benefits Act 1976” .

18

In Schedule 1 to the Local Authority Social Services Act 1970, the entry relating to Schedule 4 to the Ministry of Social Security Act 1966 shall be omitted and at the end of the Schedule there shall be inserted the following entry—

“
Schedule 5. Supplementary Benefits Provision and maintenance of reception centres for persons without a settled way of living.
”

19

In section 7(3) of the Family Income Supplements Act 1970, for the words “Schedule 3 to the Ministry of Social Security Act 1966” there shall be substituted the words “Schedule 4 to the Supplementary Benefits Act 1976”.

20

In Schedule 1 to the Attachment of Earnings Act 1971—

(a)

in paragraph 6, the word “ or” shall be omitted and for the words “ Act 1966,” there shall be substituted the words “ Act 1966 or section 19 of the Supplementary Benefits Act 1976)”; and

(b)

in paragraph 7, the word “ or” where first occurring shall be omitted and after the words “ Act 1966” there shall be inserted the words “ or section 18 of the Supplementary Benefits Act 1976”.

21

In Schedule 4 to that Act (as having effect in accordance with section 1(3) of, and paragraph 44 of Schedule 2 to, the Social Security (Consequential Provisions) Act 1975), in the list of enactments the entry “ The Supplementary Benefit Act 1966 (c.20)” shall be omitted and at the end there shall be inserted the entry “ The Supplementary Benefits Act 1976”.

22

In the Tribunals and Inquiries Act 1971—

(a)

in section 7(3), for the words “20 or 28(a)” there shall be substituted the words “28(a) or 30B”; and

(b)

in Part I of Schedule 1, paragraph 20 shall be omitted and after paragraph 30A there shall be inserted—

“
Supplementary benefits &c. 30B. The appeal tribunals constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976.
”

23

In section 22(1) of the Housing (Financial Provisions) (Scotland) Act 1972, for the definition of “supplementary benefit” there shall be substituted—

““supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976 except that it does not include benefit under section 3 (supplementary benefit to meet exceptional needs) of that Act;”

24

In paragraph 9(2)(g) of Schedule 2 to that Act, for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”.

25

In Schedule 3 to that Act—

(a)

in paragraph 17(1) for the words “ the Ministry of Social Security Act 1966” there shall be substituted the words “ the Supplementary Benefits Act 1976”; and

(b)

in paragraph 18(2), for the words “ the Ministry of Social Security Act 1966 as amended by this Act” there shall be substituted the words “ the Supplementary Benefits Act 1976”.

26

In section 26(1) of the Housing Finance Act 1972, for the definition of “supplementary benefit” there shall be substituted—

““supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976 except that it does not include benefit under section 3 (supplementary benefit to meet exceptional needs) of that Act;”.

27

In paragraph 9(2)(g) of Schedule 3 to that Act, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.

28

In Schedule 4 to that Act—

(a)

in paragraph 16(1), for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”; and

(b)

in paragraph 17(2), for the words “the Ministry of Social Security Act 1966 as amended by this Act” there shall be substituted the words “the Supplementary Benefits Act 1976”.

29

In section 3(1)(a) of the Affiliation Proceedings (Amendment) Act 1972, for the words “ section 24 of the Ministry of Social Security Act 1966” there shall be substituted the words “ section 19 of the Supplementary Benefits Act 1976”.

30

In subsection (1) of section 50 of the National Health Service Reorganisation Act 1973, the words from “ and accordingly” to the end of the subsection shall be omitted.

31

In section 12(2)(b) of the Employment and Training Act 1973, for the words “benefit within the meaning of the Ministry of Social Security Act 1966” there shall be substituted the words “supplementary benefit within the meaning of the Supplementary Benefits Act 1976”.

32

In section 113(1) of the Local Government (Scotland) Act 1973, for the words “section 16(2) of the Ministry of Social Security Act 1966” there shall be substituted the words “section 12(3) of the Supplementary Benefits Act 1976”.

33

In each of the following provisions of the Legal Aid Act 1974, for the words “the Ministry of Social Security Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”—

(a)

section 1(1)(b);

(b)

section 4(2);

(c)

section 11(5).

34

In section 11(6) of that Act—

(a)

for the words “paragraphs 19, 20, 24 and 25 of Schedule 2 to the Ministry of Social Security Act 1966” there shall be substituted the words “paragraphs 17, 18, and 23 to 25 of Schedule 1 to the Supplementary Benefits Act 1976”; and

(b)

for the words “the said paragraph 19” there shall be substituted the words “the said paragraph 17”.

35

In paragraph 3(c) of Part I of Schedule 1 to that Act, for the words “section 23 of the Ministry of Social Security Act 1966” there shall be substituted the words “section 18 of the Supplementary Benefits Act 1976”.

36

. . .

37

In section 80(2)(b) of the Social Security Act 1975, for the words “the Supplementary Benefit Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.

38

In Schedule 4 to the Criminal Procedure (Scotland) Act 1975, for the reference to section 33(6) of the M1 Ministry of Social Security Act 1966 there shall be substituted a reference to section 26(5) of this Act.

39

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, for the words “ Chairman of an Appeal Tribunal constituted under Schedule 3 to the Ministry of Social Security Act 1966 or” there shall be substituted the words “ Chairman of an Appeal Tribunal constituted in accordance with Schedule 4 to the Supplementary Benefits Act 1976 or under”.

40

In section 112 of the Employment Protection Act 1975—

(a)

in subsection (3)(c), for the words “under the Supplementary Benefit Act 1966” there shall be substituted the words “in accordance with the Supplementary Benefits Act 1976” and for the words “section 18(2) and (3) of that Act” there shall be substituted the words “section 15(2) and (3) of that Act”;

(b)

for subsection (5)(b) there shall be substituted the following—

“(b)
Sections 18 and 20 of the Supplementary Benefits Act 1976 (recovery of expenditure on supplementary benefits from persons liable for maintenance and recovery in cases of misrepresentation or non-disclosure) shall not apply to the supplementary benefit recouped”;

(c)

in subsection (8), for the definition of “supplementary benefit” there shall be substituted the following—

““supplementary benefit” has the same meaning as in the Supplementary Benefits Act 1976”.

41

In section 113 of that Act, for the words “the Supplementary Benefit Act 1966” there shall be substituted the words “the Supplementary Benefits Act 1976”.

IImmediate Repeals

Chapter	Short Title	Extent of Repeal
1966 c. 20.	Supplementary Benefit Act 1966 (The Ministry of Social Security Act 1966).	The whole Act so far as unrepealed.
1969 c. 44.	National Insurance Act 1969.	In section 8(2), paragraph (f).
1970 c. 42.	Local Authority Social Services Act 1970.	In Schedule 1, the entry relating to Schedule 4 to the Ministry of Social Security Act 1966.
1970 c. 55.	Family Income Supplements Act 1970	Section 13(1).
1971 c. 73.	Social Security Act 1971.	The whole Act so far as unrepealed.
1972 c. 46.	Housing (Financial Provisions) (Scotland) Act 1972.	In Schedule 9, paragraphs 4 to 6.
1972 c. 47.	Housing Finance Act 1972.	In Schedule 9, paragraphs 4 to 6.
1972 c. 49.	Affiliation Proceedings (Amendment) Act 1972.	In section 1, subsection (4)(b).
		In section 3(3), the words “ section 24(8) of the said Act of 1966”.
1972 c. 70.	Local Government Act 1972.	In Schedule 23, paragraph 14.
1973 c. 38.	Social Security Act 1973.	In section 99, subsection (18).
		In Schedule 27, paragraph 67.
1973 c. 65.	Local Government (Scotland) Act 1973.	In Schedule 9, paragraph 64.
		In Schedule 27, paragraph 162.
1974 c. 7.	Local Government Act 1974.	In section 14, subsection (4).
1974 c. 14.	National Insurance Act 1974.	In section 8, subsection (5).
1975 c. 11.	Social Security Benefits Act 1975.	Section 11.
		Schedule 3.
1975 c. 18.	Social Security (Consequential Provisions) Act 1975.	In Schedule 2, paragraphs 24 to 31.
1975 c. 61.	Child Benefit Act 1975.	Section 19 and in section 21(5), the words from the beginning of the subsection to the words “ under section 16 above; and”.
1976 c. 56.	Supplementary Benefit (Amendment) Act 1976.	The whole Act.

IIDeferred Repeals

Chapter	Short Title	Extent of Repeal
1975 c. 60.	Social Security Pensions Act 1975.	In Schedule 4, paragraph 9(a).
		In Schedule 4, paragraphs 7 and 8 and paragraph 9(b) and (c).
1975 c. 61.	Child Benefit Act 1975.	In Schedule 4, paragraphs 1, 2 and 7.
1975 c. 71.	Employment Protection Act 1975.	In section 111, subsection (2)

Supplementary Benefits Act 1976 in Northern Ireland

Contents