Social Security Act 1981

JurisdictionUK Non-devolved
Citation1981 c. 33


Social Security Act 1981

1981 CHAPTER 33

An act to amend the law relating to social security, and the calculation of maternity pay; and to provide for the modification of the Pensions Appeal Tribunals Act 1943.

[2nd July 1981]

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:—

S-1 Up-rating orders.

1 Up-rating orders.

(1) In section 125 of the Social Security Act 1975 (duty to increase rate of certain benefits) the following subsection is substituted for subsection (3)—

(3) If on any such review the Secretary of State concludes that any of the sums in question will not have retained their value on the date mentioned in paragraph (a )(i) below, he shall—

(a ) make, or cause to be made, in each House of Parliament a statement specifying—

(i) the date which he proposes as the date on which the up-rating order to be made in pursuance of the review will come into operation;

(ii) the percentage by which those sums would, in his opinion, have to be increased in order to restore their value as at that date; and

(iii) the increase in those sums (which shall, in respect of each of them, be an increase which represents at least the percentage increase specified in the statement in accordance with sub-paragraph (ii) above) which he proposes to provide for in the up-rating order; and

(b ) in due course prepare and lay before each House of Parliament the draft of an up-rating order increasing those sums to the extent specified in the statement in accordance with paragraph (a )(iii).’.

(2) In section 126A of the Act of 1975 (up-rating of increments in guaranteed minimum pensions) the following subsection is substituted for subsection (2)—

(2) If on any such review the Secretary of State concludes that those sums will not have retained their value on the date mentioned in paragraph (a )(i), he shall—

(a ) make, or cause to be made, in each House of Parliament a statement specifying—

(i) the date which he proposes as the date on which the order to be made under this section in pursuance of the review will come into operation;

(ii) the percentage by which the aggregate amount of those sums would, in his opinion, have to be increased in order to restore its value at that date; and

(iii) the increase in the Category A or Category B pension (which shall, in respect of each of them, be an increase in the sums in question which represents at least the percentage increase specified in the statement in accordance with sub-paragraph (ii) above) which he proposes to provide for in the order, and

(b ) in due course prepare and lay before each House of Parliament the draft of an order increasing the Category A or Category B pension to the extent specified in the statement in accordance with paragraph (a )(iii).’.

(3) In calculating the increases to be specified in the statement made under section 125(3) and 126A(2) in the tax year 1980-81, the Secretary of State shall—

(a ) determine the increases that would, in his opinion, have been provided for by the Social Security Benefits Up-rating Order 1980 if the percentage by reference to which those increases were calculated had been 15.5 per cent. and not 16.5 per cent.; and

(b ) treat the order of 1980 as if it had provided for the increases so determined.

(4) This section shall have effect, in the tax year 1981-82, as if it had been in force at the time when the statement following the review carried out under those sections in the tax year 1980-81 was made in each House of Parliament; and that statement shall be taken to have complied with the requirements of section 125(3) or, as the case may be, 126A(2) as substituted by this section.

(5) Nothing in this section shall be taken to prejudice the operation of—

(a ) section 17(4) of the Child Benefit Act 1975 (provision for reductions to take account of increases in child benefit); or

(b ) section 1 of the Social Security (No. 2) Act 1980 (reduction of compulsory up-rating of certain benefits).

S-2 Maternity pay.

2 Maternity pay.

2. In section 35 of the Employment Protection (Consolidation) Act 1978(calculation of maternity pay by reference to amount of employee's weekly pay) the following subsections are inserted at the end—

(5) The Secretary of State may by order amend subsection (1) above—

(a ) by substituting for the fraction of nine-tenths referred to there, or the fraction as substituted from time to time under this subsection, such greater fraction as he considers appropriate; or

(b ) by deleting the reference to a fraction.

(6) No order shall be made under subsection (5) above unless a draft of the order has been laid before Parliament and approved by resolution of each House of Parliament.’

S-3 Increases in certain penalties.

3 Increases in certain penalties.

(1) Schedule 1 to this Act has effect in relation to the penalties that may be imposed on summary conviction of certain offences.

(2) Schedule 1 has effect only in relation to offences committed after the commencement of this section.

S-4 Payment of supplementary benefit after return to full-time employment following trade dispute.

4 Payment of supplementary benefit after return to full-time employment following trade dispute.

4. In section 9(2) of the Supplementary Benefits Act 1976(recovery of certain payments of benefit) for the words from ‘during the period’ to ‘of that subsection’ there are substituted the words ‘by virtue of subsection (1) above’.

S-5 Determination of days for which sickness or invalidity benefit is payable.

5 Determination of days for which sickness or invalidity benefit is payable.

5. In section 17 of the Social Security Act 1975(determination of days for which benefit is payable), as amended by section 3(1) of the Social Security (No. 2) Act 1980, there are inserted at the end the following subsections—

(4) The Secretary of State may by regulations provide for subsection (1)(d )(ii) above to have effect, in such cases as may be specified in the regulations, as if—

(a ) the period of four days mentioned there were such lesser period as may be specified; and

(b ) the word 'consecutive' were omitted.

(5) Regulations under subsection (4) above may be made to have effect from such date, not earlier than 14th September 1980, as may be specified in the regulations.’

S-6 Reciprocity with other countries.

6 Reciprocity with other countries.

(1) In section 143 of the Social Security Act 1975 (reciprocity with other countries) the following subsection is inserted after subsection (1)—

(1A) An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that this Act shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.’.

(2) In section 15 of the Child Benefit Act 1975 (reciprocity with other...

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