Social Security Act 1979

JurisdictionUK Non-devolved
Citation1979 c. 18


Social Security Act 1979

1979 CHAPTER 18

An Act to amend the law relating to social security.

[22nd March 1979]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Interpretation

Interpretation

S-1 Interpretation.

1 Interpretation.

1. In this Act—

‘the principal Act’ means the Social Security Act 1975;

‘the Pensions Act’ means the Social Security Pensions Act 1975;

‘the Act of 1976’ means the Supplementary Benefits Act 1976;

‘the Act of 1977’ means the Social Security (Miscellaneous Provisions) Act 1977.

Allowances and pensions

Allowances and pensions

S-2 Attendance allowance.

2 Attendance allowance.

(1) Section 35 of the principal Act is amended as follows.

(2) In subsection (2)(b ) for the words ‘immediately preceded’ there are substituted the words ‘preceded immediately, or within such period as may be prescribed,’.

(3) After subsection (2) there is inserted the following subsection—

(2A) For the purposes of subsection (2) above a person who suffers from renal failure and is undergoing such form of treatment as may be prescribed shall, in such circumstances as may be prescribed, be deemed to satisfy or to be likely to satisfy one or both of those conditions.’.

(4) In subsection (3), for the words ‘preceding 6 months’ there are substituted the words ‘period of 6 months mentioned in subsection (2)(b ) above’.

(5) In subsection (4)(a ), for the words ‘mentioned in subsection (2)(b ) above’ and ‘there mentioned’ there are substituted, respectively, the words ‘immediately preceding the period for which the allowance is payable’ and ‘mentioned in subsection (2)(b ) above’ and after the words ‘that period’ there are inserted the words ‘of 6 months’.

(6) After subsection (5) there is inserted the following subsection—

(5A) Regulations may provide that, in such circumstances and for such purposes as may be prescribed, a person who is, or is treated under the regulations as, undergoing treatment for renal failure in a hospital or other similar institution otherwise than as an in-patient shall be deemed not to satisfy or to be unlikely to satisfy one or both of the conditions mentioned in subsection (1)(a ) and (b ) above.’.

S-3 Mobility allowance.

3 Mobility allowance.

(1) Section 37A of the principal Act is amended as follows.

(2) In subsection (4) (increase in rate of mobility allowance) for the words ‘and such other matters as he thinks relevant’ there are substituted the words ‘any changes in taxation which directly affect the cost of motoring for persons in receipt of mobility allowance and such other matters as he thinks relevant; and he shall lay before Parliament a statement setting out his conclusion and the reasons therefor as soon as is reasonably practicable.’.

(3) In subsection (5) (periods for which mobility allowance is not payable)—

(a ) in paragraph (a ) (allowance not payable to a person for any period in which he is under the age of 5 or over pensionable age) for the words ‘pensionable age’ there are substituted the words ‘the age of 75’; and

(b ) the following paragraph is inserted after paragraph (a )—

‘(aa ) in respect of a period in which he is over the age of 65 but under the age of 75 unless either—

(i) he had been entitled to a mobility allowance in respect of a period ending immediately before the date on which he attained the age of 65; or

(ii)he would have been so entitled but for paragraph (b ) below and a claim for the allowance by or in respect of him is made before the date on which he attained the age of 66;’

(4) The following subsections are inserted after subsection (6)—

(6A) Regulations may provide that this section shall have effect in relation to prescribed categories of persons in respect of whom certificates issued in pursuance of regulations made under section 13 of the Social Security (Miscellaneous Provisions) Act 1977 (mobility allowance for person eligible for invalid carriage) are in force as if, in subsection (5), the words ‘or over the age of 75’ and paragraph (aa ) were omitted.

(6B) Where, before the coming into force of this subsection, a person has been awarded a mobility allowance for a specified period ending with the date on which he will attain pensionable age, that award shall have effect as if it referred instead to a period ending with the date on which he will attain the age of 75 years.’.

(5) Where an application for a certificate under the Mobility Allowance (Vehicle Scheme Beneficiaries) Regulations 1977 was refused before the commencement of the Mobility Allowance (Vehicle Scheme Beneficiaries) Amendment Regulations 1978 any question whether the application was properly refused shall be determined as if that commencement had preceded the refusal.

S-4 Amendment of provisions relating to earnings after retirement age.

4 Amendment of provisions relating to earnings after retirement age.

(1) In section 30 of the principal Act (supplementary provisions about retirement pensions) the following subsection is inserted at the end—

(6) The Secretary of State may by order—

(a ) substitute for the period of 5 years mentioned in section 27(5) of this Act and subsection (1) above a shorter period; and

(b ) substitute for the ages of 65 and 70 mentioned in sections 26(1) and (3), 36(5), 37(6) and 79(2)(a ) of this Act and subsection (3) above such lower ages as are appropriate in consequence of any provision made by virtue of paragraph (a ) above.’.

(2) In section 167 of the principal Act (Parliamentary control of orders and regulations)—

(a ) in subsection (1) the following paragraph is inserted after paragraph (b )—

‘(c ) no order shall be made under section 30(6),’;

and

(b ) in subsection (3) after the words ‘section 17(3)’ there is inserted ‘30(6),’.

(3) In Part II of Schedule 15 to the principal Act (regulations not requiring prior submission to National Insurance Advisory Committee) the following paragraph is inserted after paragraph 17—

S-17A

17A

‘17A. Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under section 30(6) of this Act.’.

S-5 Amendment of principal Act, Pensions Act and Act of 1977.

5 Amendment of principal Act, Pensions Act and Act of 1977.

(1) The provisions of the principal Act, the Pensions Act and the Act of 1977 specified in Part I of Schedule 1 to this Act shall have effect subject to the amendments there specified (miscellaneous amendments of provisions relating to retirement and invalidity pensions).

(2) The provisions of the principal Act and the Pensions Act specified in Part II of Schedule 1 to this Act shall have effect subject to the amendments there specified (modification of certain provisions in relation to events occurring before 6th April 1979).

Appeals and reviews, etc.

Appeals and reviews, etc.

S-6 Appeals from and to Supplementary Benefit Appeal Tribunals.

6 Appeals from and to Supplementary Benefit Appeal Tribunals.

(1) After section 15 of the Act of 1976 (appeals from Supplementary Benefits Commission) there is inserted the following section—

S-15A

15A ‘Appeals from Appeal Tribunal.

(1) The Secretary of State may by rules make provision for any party to proceedings before an Appeal Tribunal (whether under this or any other Act) to appeal to a National Insurance Commissioner against a decision of the tribunal.

(2) Rules under this section may, in particular, make provision—

(a ) as to the cases and circumstances in which, and the conditions subject to which, appeals may be made, including provision either generally or in relation to specified classes of case for appeals—

(i) to be confined to points of law;

(ii) to be made only with leave;

(b ) as to the manner in which, and the time within which, appeals are to be brought and (where appropriate) applications are to be made for leave to appeal;

(c ) as to the procedure to be followed on appeals;

(d ) as to the payment by the Secretary of State to persons attending proceedings before a Commissioner of travelling and other allowances (including compensation for loss of remunerative time).

(3) The power to make provision as to procedure under subsection (2)(c ) above includes power to make provision as to the representation of one person in any proceedings by another person.

(4) Rules under this section may provide for a Commissioner hearing an appeal—

(a ) to give any decision which might have been given by the tribunal;

(b ) to refer the case to another tribunal, with directions;

(c ) to dispose of the appeal in such other manner as may be specified;

and in any case where directions are given to a tribunal in accordance with rules under this section the tribunal shall proceed accordingly.

(5) In this section ‘National Insurance Commissioner’ has the same meaning as in the Social Security Act 1975 and includes a Tribunal of Commissioners under section 116 of that Act.’

(2) For Schedule 4 to the Act of 1976 (constitution, jurisdiction and proceedings of appeal tribunals) there is substituted the Schedule set out in Schedule 2 to this Act.

(3) In section 14(2) of the Act of 1976 (power to make regulations) after paragraph (e ) there is inserted the following paragraph—

‘(ee ) for suspending the payment of supplementary benefit pending...

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