Office of Public Sector Information
(10) For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with—
(a) under a power of attorney,
(b) by a receiver appointed under section 99 of the [1983 c. 20.] Mental Health Act 1983 or any corresponding enactment having effect in Northern Ireland,
(c) by a Scottish mental health custodian, that is to say—
(i) a curator bonis, tutor or judicial factor, or
(ii) the managers of a hospital acting on behalf of that person under section 94 of the [1984 c. 36.] Mental Health (Scotland) Act 1984, or
(d) by a mental health appointee, that is to say—
(i) a person directed or authorised as mentioned in sub-paragraph (a) of rule 41(1) of the [S.I. 1984/2035.] Court of Protection Rules 1984 or any similar appointee in Northern Ireland, or
(ii) a receiver ad interim appointed under sub-paragraph (b) of that rule or any similar appointee in Northern Ireland,
the appropriate person is the attorney, receiver, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.
(11) This section shall come into force with the repeal of section 2 of the [1911 c. 28.] Official Secrets Act 1911.
In section 59 of the 1986 Act (information which may be disclosed by the Inland Revenue for social security purposes)—
(a) in subsection (1) (information obtained in connection with the assessment or collection of income tax) after the word “obtained” there shall be inserted the words “or held”; and
(b) in subsection (2) (which restricts the information which may be so disclosed about self-employed earners to the commencement and cessation of their trade etc) after the words “cessation of” there shall be inserted the words “, and employed earners engaged in,”.
The enactments mentioned in Schedule 3 to this Act (which relate to adjudication) shall have effect with the amendments there specified.
(1) A person (the “compensator”) making a compensation payment, whether on behalf of himself or another, in consequence of an accident, injury or disease suffered by any other person (the “victim”) shall not do so until the Secretary of State has furnished him with a certificate of total benefit and shall then—
(a) deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;
(b) pay to the Secretary of State an amount equal to that which is required to be so deducted; and
(c) furnish the person to whom the compensation payment is or, apart from this section, would have been made (the “intended recipient”) with a certificate of deduction.
(2) Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.
(3) In this section—
“benefit” means any benefit under—
(a) the Social Security Acts 1975 to 1988, or
(b) the Old Cases Act,
and the “relevant benefits” are such of those benefits as may be prescribed for the purposes of this section;
“certificate of total benefit” means a certificate given by the Secretary of State in accordance with Schedule 4 to this Act;
“certificate of deduction” means a certificate given by the compensator specifying the amount which he has deducted and paid to the Secretary of State in pursuance of subsection (1) above;
“compensation payment” means any payment falling to be made (whether voluntarily, or in pursuance of a court order or an agreement, or otherwise)—
(a) to or in respect of the victim in consequence of the accident, injury or disease in question, and
(b) by or on behalf of a person who is, or is alleged to be, liable to any extent in respect of that accident, injury or disease,
and includes, in particular, so much of the payment as represents reimbursement for costs incurred in procuring it, but does not include benefit or an exempt payment;
“compensator”, “victim” and “intended recipient” shall be construed in accordance with subsection (1) above;
“costs”, in relation to proceedings in Scotland, means expenses;
“payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;
“relevant period” means—
(a) in the case of a disease, the period of 5 years beginning with the date on which the victim first claims a relevant benefit in consequence of the disease; or
(b) in any other case, the period of 5 years immediately following the day on which the accident or injury in question occurred;
but where before the end of that period the compensator makes a compensation payment in final discharge of any claim made by or in respect of the victim and arising out of the accident, injury or disease, the relevant period shall end on the date on which that payment is made whether or not any subsequent payment falls to be made in respect only of taxed costs.
(4) For the purposes of this section the following are the “exempt payments”—
(a) any small payment, as defined in paragraph 4 of Schedule 4 to this Act;
(b) any payment made to or for the victim under section 35 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 or section 58 of the [1980 c. 62.] Criminal Justice (Scotland) Act 1980;
(c) any payment to the extent that it is made—
(i) in consequence of an action under the [1976 c. 30.] Fatal Accidents Act 1976; or
(ii) in circumstances where, had an action been brought, it would have been brought under that Act;
(d) any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the [1976 c. 13.] Damages (Scotland) Act 1976;
(e) without prejudice to section 6(4) of the [1979 c. 17.] Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;
(f) any award of compensation made to or in respect of the victim by the Criminal Injuries Compensation Board under section 111 of the [1988 c. 33.] Criminal Justice Act 1988;
(g) any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
(i) the accident, injury or disease suffered by the victim in question; or
(ii) the same or any connected accident, injury or disease suffered by another;
(h) any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (g) above or not);
(j) any payment made to the victim by an insurance company within the meaning of the [1982 c. 50.] Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—
(i) the date on which the victim first claims a relevant benefit in consequence of the disease in question; or
(ii) the occurrence of the accident or injury in question;
(k) any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.
(5) The Secretary of State may by regulations provide that any prescribed payment shall be an exempt payment for the purposes of this section.
(6) Except as provided by any other enactment, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.
(7) Schedule 4 to this Act shall have effect for the purpose of supplementing the provisions of this section; and this section shall have effect subject to the provisions of that Schedule.
(8) This section and that Schedule shall apply in relation to any compensation payment made after the coming into force of this section to the extent that it is made in respect of—
(a) an accident or injury occurring on or after 1st January 1989; or
(b) a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.
Schedule 5 to this Act shall have effect for the purpose of implementing the directive[86/378/EEC.] of the Council of the European Communities, dated 24th July 1986, relating to the principle of equal treatment for men and women in occupational social security schemes, and of making additional, supplemental and consequential provision.
The enactments and instruments mentioned in Schedule 6 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.
(1) The Secretary of State may by regulations establish committees, known as war pensions committees, for such areas as may be specified in the regulations; and the regulations may, in particular, include provisions with respect to—
(a) the membership of the committees;
(b) the manner in which the members are to be appointed and the period for which, and the terms on which, they are to hold office; and
(c) the manner in which they may be removed.
(2) The committees shall have such functions relating to war pensions and war pensioners as may be conferred upon them by the regulations; and the regulations may, in particular, provide that it shall be their function—
(a) to consider any matter connected with war pensions or affecting war pensioners in their area and, where they think it appropriate, to make recommendations to the Secretary of State about that matter;
(b) to consider complaints made to them by persons receiving or claiming war pensions and, if they think fit, to make representations about those complaints to the Secretary of State;
(c) to consider any matters referred to them by the Secretary of State and to report to him on those matters with such recommendations as they may think fit; and
(d) to assist the War Pensioners' Welfare Service in looking after the welfare of war pensioners in their area.
(3) The regulations may include provisions with respect to the manner in which the committees are to discharge the functions conferred on them; and they shall exercise their functions subject to, and in accordance with, any such provisions.
(4) In this section—
“war pension” means—
(a) any pension or other benefit, payable otherwise than under an enactment, for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces of the Crown,
(b) any pension or benefit awarded under—
(i) the [1939 c. 82.] Personal Injuries (Emergency Provisions) Act 1939,
(ii) the [1939 c. 83.] Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939, or
(iii) the [1947 c. 19.] Polish Resettlement Act 1947,
(c) any pension or other payment which constitutes such an obligation as is mentioned in section 4(1) of the [1958 c. 46.] Statute Law Revision Act 1958 (seamen and fishermen killed or injured in the 1914-1918 war),
(d) any other pension or benefit which is specified in an order made by the Secretary of State for the purposes of this section,
but does not include any pension or benefit administered by the Defence Council, the Minister of the Crown with responsibility for defence or the Commissioners for the Royal Hospital for Soldiers at Chelsea; and
“war pensioner” means a person in receipt of a war pension, in his capacity as such a pensioner.
(5) In section 9(1) of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (central advisory committee to include chairmen of at least 12 war pensions committees) for the words “by schemes under section 1 of that Act” there shall be substituted the words “by regulations under section 25 of the Social Security Act 1989”.
(6) In the [1921 c. 49.] War Pensions Act 1921—
(a) sections 1 and 2 (which are superseded by this section) shall cease to have effect; and
(b) in section 3 (constitution of central advisory committee) for the words “under this Act” there shall be substituted the words “under section 25 of the Social Security Act 1989”.
(1) The enactments mentioned in Schedule 7 to this Act shall have effect subject to the amendments there specified, being amendments designed to facilitate, or otherwise desirable in connection with, the consolidation of enactments relating to social security or pensions.
(2) The amendment by that Schedule of any provision contained in any enactment by virtue of any order or regulations shall not be taken to have prejudiced any power to make further orders or regulations revoking or amending that provision.
The provisions of section 22 above and Schedule 4 to this Act shall apply in relation to the making of a compensation payment by the Crown as they apply in relation to the making of such a payment by any other compensator, within the meaning of that section.
(1) There shall be paid out of money provided by Parliament—
(a) any expenses incurred under this Act by a Minister of the Crown; and
(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
(2) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred by him under sections 1 to 4, 6, 7, 9 to 12 and 22 above, excluding any category of expenses or payments which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State’s estimates under this subsection.
(3) Any sums paid to the Secretary of State in pursuance of section 22 above shall be paid—
(a) into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and
(b) into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.
(4) Any expenses of the Secretary of State in making payments under paragraph 4, 16 or 18 of Schedule 4 to this Act shall be paid—
(a) out of money provided by Parliament, to the extent that the Secretary of State estimates that those payments relate to sums paid into the Consolidated Fund; and
(b) out of the National Insurance Fund, to the extent that he estimates that they relate to sums paid into that Fund.
(5) There shall be paid into the Consolidated Fund any increase by virtue of this Act in the sums so payable by virtue of any other Act.
(1) Subject to the following provisions of this section, subsections (1) to (3A) of section 166 of the principal Act shall apply in relation to any power conferred by any provision of this Act to make regulations or an order as they apply in relation to any power conferred by that Act to make regulations or an order, but as if for references to that Act there were substituted references to this Act.
(2) A statutory instrument containing (whether alone or with other provisions)—
(a) the first regulations made under section 17 of the principal Act by virtue of section 10 above, or
(b) the first regulations made by virtue of section 12 above, or
(c) the first regulations made under section 20 of the 1986 Act by virtue of section 13 above, or
(d) the first regulations prescribing relevant benefits for the purposes of section 22 above, or
(e) the first regulations made under section 59B(7) of the principal Act (retirement allowance) by virtue of paragraph 8(6) of Schedule 1 to this Act, or
(f) the first regulations made under section 2 of the [1988 c. 7.] Social Security Act 1988 (reduced earnings allowance etc) by virtue of paragraph 8(7) of that Schedule, or
(g) the first regulations under paragraph 4 of Schedule 4 to this Act, or
(h) any regulations under paragraph 21(2) of that Schedule,
shall not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(3) All regulations and orders made under this Act, other than those to which subsection (2) above applies and orders under section 33 below, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Section 167(3) of the principal Act and section 83(4) of the 1986 Act (regulations subject to negative resolution) shall not apply in relation to any regulations contained in a statutory instrument which falls within subsection (2) above by virtue of paragraph (a), (b) or (c) of that subsection.
(5) Any power to make—
(a) regulations prescribing relevant benefits for the purposes of section 22 above, or
(b) regulations under paragraph 4 of Schedule 4 to this Act,
shall be exercisable with the consent of the Treasury.
(6) A power conferred by this Act to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
(7) Nothing in this section applies to orders of the Occupational Pensions Board under Schedule 5 to this Act.
(1) In this Act, unless the context otherwise requires—
“the 1973 Act” means the [1973 c. 38.] Social Security Act 1973;
“the 1982 Act” means the [1982 c. 24.] Social Security and Housing Benefits Act 1982;
“the 1986 Act” means the [1986 c. 50.] Social Security Act 1986;
“Commissioner” has the same meaning as it has in the principal Act;
“the Old Cases Act” means the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975;
“the Pensions Act” means the [1975 c. 60.] Social Security Pensions Act 1975;
“prescribe” means prescribe by regulations;
“the principal Act” means the [1975 c. 14.] Social Security Act 1975;
“regulations” means regulations made by the Secretary of State.
(2) In this Act references to Great Britain include references to the territorial waters of the United Kingdom adjacent to Great Britain.
(1) The enactments mentioned in Schedule 8 to this Act shall have effect with the amendments there specified (being minor amendments and amendments consequential on provisions of this Act).
(2) The enactments mentioned in Schedule 9 to this Act (which include some that are spent or of no further practical utility) are repealed to the extent specified in the third column of that Schedule.
(3) The Secretary of State may by regulations make—
(a) such transitional provision,
(b) such consequential provision, or
(c) such savings,
as he considers necessary or expedient in preparation for or in connection with the coming into force of any provision of this Act or the operation of any enactment repealed or amended by a provision of this Act during any period when the repeal or amendment is not wholly in force.
An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which states that it is made only for purposes corresponding to those of this Act—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament); but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This Act may be cited as the Social Security Act 1989; and this Act, other than section 25, and the Social Security Acts 1975 to 1988 may be cited together as the Social Security Acts 1975 to 1989.
(2) Apart from the provisions specified in subsection (3) below, this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be so appointed for different provisions or different purposes of the same provision.
(3) The provisions referred to in subsection (2) above are the following—
(a) sections 2, 3, 4, 6, 14 to 20, 28, 29, 30, 31(3), 32 and this section;
(b) Schedule 2;
(c) paragraphs 1, 12 and 13 of Schedule 3 (and section 21 so far as relating to those paragraphs),
(d) paragraphs 6 to 8, 14 and 16 to 21 of Schedule 6 (and section 24 so far as relating to those paragraphs);
(e) paragraphs 2 to 7, 13 and 15 of Schedule 7 (and section 26 so far as relating to those paragraphs);
(f) paragraphs 1, 4 to 6, 8 to 13, 17 and 18 of Schedule 8 (and section 31 so far as relating to those paragraphs);
(g) the repeals in Schedule 9 to the extent that they are consequential on any provision specified in paragraphs (a) to (f) above (and section 31 so far as relating to those repeals).
(4) Where any enactment repealed or amended by this Act extends to any part of the United Kingdom, the repeal or amendment extends to that part.
(5) Paragraph 12 of Schedule 4 does not extend to Scotland.
(6) Sections 25, 31(3), 32 and this section extend to Northern Ireland.
(7) Except as provided by this section, this Act does not extend to Northern Ireland.
Social Security Act 1989