Social Security Act 1986 (Commencement No. 4) Order 1986

JurisdictionUK Non-devolved

1986 No. 1959 (C.73)

SOCIAL SECURITY

The Social Security Act 1986 (Commencement No. 4) Order 1986

Made 15th November 1986

The Secretary of State for Social Services, in exercise of the powers conferred on him by section 88(1) of the Social Security Act 19861and of all other powers enabling him in that behalf, hereby makes the following order:–

S-1 Citation and interpretation

Citation and interpretation

1.—(1) This order may be cited as the Social Security Act 1986 (Commencement No. 4) Order 1986.

(2) In this order unless the context otherwise requires references to sections and Schedules are references to sections of and Schedules to the Social Security Act 1986.

S-2 Appointed days

Appointed days

2. Subject to the exceptional provisions in articles 3 and 4, the day appointed for the coming into force–

(a) of the provisions of the Social Security Act 1986 specified in Part I of the Schedule to this order is 15th March 1987;

(b) of the provisions of that Act specified in Part II of the Schedule to this order is 6th April 1987;

(c) of the provisions of that Act specified in Part III of the Schedule to this order is 7th April 1987.

S-3 Saving for appeals from decisions of social security appeal tribunals recorded in writing before the appointed day

Saving for appeals from decisions of social security appeal tribunals recorded in writing before the appointed day

3. The bringing into operation of the repeal of section 15 of the Social Security Act 19802(leave required for appeal from social security appeal tribunal to Commissioner) and the amendment made to it by paragraph 18 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983 shall not have effect in relation to any decisions of social security appeal tribunals which are recorded in writing before the appointed day.

S-4 Saving for the review of, or appeal from, determinations before the appointed day in relation to overpayments

Saving for the review of, or appeal from, determinations before the appointed day in relation to overpayments

4.—(1) The bringing into operation of subsections (1), (2), (4) and (5) of section 53 (overpayments) and of the repeal, in whole or in part, of the enactments specified in paragraph (2) of this article (overpayments and set-off) and the provisions by which those enactments have been amended shall not have effect in relation to any review of, or appeal from, any determination, first made before 6th April 1987, of any question of repayment or recoverability under those enactments.

(2) The enactments specified for the purposes of paragraph (1) of this article are–

Section 8 of the Family Income Supplements Act 1970.

Sections 86 and 119 of the Social Security Act 1975.

Section 20 of the Supplementary Benefits Act 1976.

John Major

Minister of State

Department of Health and Social Security

15th November 1986

SCHEDULE

Article 2

SCHEDULE

1 (PROVISIONS COMING INTO FORCE ON 15TH MARCH 1987)

PART I

(PROVISIONS COMING INTO FORCE ON 15TH MARCH 1987)

Provisions of the Social Security Act 1986

Subject matter

Section 46(4) and (5)

Statutory maternity pay

Paragraph 6(a) of Schedule 4 and section 49 so far as it relates to it.

2 (PROVISIONS COMING INTO FORCE ON 6TH APRIL 1987)

PART II

(PROVISIONS COMING INTO FORCE ON 6TH APRIL 1987)

Provisions of the Social Security Act 1986

Subject matter

Section 27, for the sole purpose of enabling its provisions to have effect under Schedule 7, paragraph 2 in relation to supplementary benefit

Prevention of duplication of payments

Section 32(1), (2)(a) and (3) to (7)

Social Fund payments for maternity and funeral expenses

Section 38, to the extent that it is not already in force

Abolition of maternity grant

Section 40

Abolition of child's special allowance except for existing beneficiaries

Section 41

Abolition of death grant

Sections 46, to the extent that it is not brought into force by Part I of this Schedule, and sections 47 to 50

Statutory maternity pay

Section 51, except for the purpose of applying subsection (1)(a) to (s) to benefits under the Social Security Act 1975 and child benefit

Claims and payments

Section 53

Overpayments

Sections 54 to 59

Common provisions on offences, proceedings, inspection and disclosure of information

Section 60

Notification of deaths

Sections 67, to the extent that it is not already in force and 68

Statutory sick pay

Section 69

Repeal of section 92 of the Social Security Act 1975 (Estains)

Section 79(4) to (6)

Crown employment

Section 80, except in its application to Part I of the Social Security Act 1986

Modifications for special cases

Schedule 4, to the extent that it is not brought into force by Part I of this Schedule, and section 49 so far as it relates to it

Statutory maternity pay

Schedule 7, paragraphs 1, 2, 3, except in its application to section 51(1)(a) to (s) of the Social Security Act 1986, and 4 to 7, and section 73 so far as it relates to them

Applications of new common provisions to supplementary benefit etc.

Schedule 8 and section 75 so far as it relates to it

Earnings factors

Schedule 10 in the respects specified below and section 86(1) so far as it relates to them —

Minor and consequential amendments

paragraphs 71, 72, 74 to 81

(Statutory maternity pay etc.)

paragraph 87

(entitlement conditional on claim within time)

paragraph 101(a) except in its application to widow's payments

(taxation of benefits)

paragraph 103

(references to Social Security Acts 1975 to 1986)

paragraph 108(a)

(forfeiture)

The following repeals in Schedule 11 and section 86(2) so far as it relates to them —

Repeals

Supplementary Benefit Act 1966, section 26

(overpayment recovery)

Social Work (Scotland) Act 1968, in section 28(2) the words

(death grant)

Income and Corporation Taxes Act 1970, in section 219(1) the words

and in section 219A(1)(b) the word

(income tax in relation to death grant)

Family Income Supplements Act 1970 sections 8(5) and (6), 11 and 12

(family income supplements, overpayments, offences and proceedings)

Local Government Act 1972, in section 119(2) the words from

to the end

(death grant)

Social Security Act 1973, section 92(3) and (4) and Schedule 23

(offences and proceedings)

National Insurance Act 1974, in section 6(1) the words

and the words

(correction and setting aside decisions)

The provisions of the Social Security Act 1975 specified below —

(i) in section 13(1) the entry relating to death grant

(death grant)

(ii) sections 21 and 32

(maternity grant and death grant)

(iii) section 92

(Estains)

(iv) section 95, in section 100(1) the words

, section 100(5) and (6), in section 104(1A), the words

, section 106(3), in section 107(4) the words

, in section 107(6) the words

and paragraph (b), in section 110(1) the words

, section 114(3) and (4), section 117(4) and, in subsection (5), paragraph (a) and the word

immediately following it

(determination of questions)

(v) section 119(1) to (2A), (5) and (6)

(overpayments)

(vi) section 135(2)(g)

(maternity grant)

(vii) section 136

(Estains)

(viii) sections 144 and 145

(inspection)

(ix) sections 146(3)(c) and (5) and 147

(offences and proceedings)

(x) section 164

(disclosure of information)

(xi) Schedule 3, Part I, paragraph 7 and in Part II, in paragraph 8(3) the words

and paragraph 12

(death grant and maternity allowance)

(xii) Schedule 4, Part II

(maternity grant and death grant)

(xiii) in Schedule 8, paragraph (b) of the proviso to paragraph 5 and the word

immediately preceding it

(assessment of disablement)

(xiv) in Schedule 16, paragraph 4

(set-off regulations)

Industrial Injuries and Diseases (Old Cases) Act 1975, sections 9(3) and 10

(overpayments and offences)

Social Security (Consequential Provisions) Act 1975, Schedule 2, paragraphs 5 and 35

(death grant)

Social Security Pensions Act 1975, in section 19(2), the words

and Schedule 4, paragraph 17

Child Benefit Act 1975, section 9(1), 10 and 11 and, in the definition of “recognised educational establishment”, in section 24(1), the words from

to the end, and Schedule 4, paragraphs 11 and 31

(determination of child benefit questions, disclosure and enforcement)

(death grant, adjudication)

Adoption Act 1976, section 47(3)

(death grant)

Supplementary Benefits Act 1976, section 20(1), (2), (5), (6) and (7) and section 21

(overpayment and offences)

Social Security (Miscellaneous Provisions) Act 1977, section 19

(inspection)

Social Security Act 1979, section 6 and 8

(appeals, overpayments)

Child Care Act 1980 in section 25(2), the words from

to the end

(death grant)

Social Security Act 1980, in section 5, in subsection (1) the words from

, in paragraph (i), to the end of the subsection and subsections (2) to (4), section 14(6), section 15, in section 17(2) the words from

to the end, section 20(3)...

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