Office of Public Sector Information
(4) Notice under subsection (3) above shall not be given (and if purportedly given, shall be of no effect) at a time when there is in force a maintenance order made against the liable parent—
(a) in favour of the dependent parent or one or more of the children; or
(b) in favour of some other person for the benefit of the dependent parent or one or more of the children;
and if such a maintenance order is made at any time after notice under that subsection has been given, the order under section 24(4) above shall cease to have effect.
(5) Except as provided by subsections (7) and (8) below, where the Secretary of State gives notice under subsection (3) above, he shall cease to be entitled—
(a) to receive any payment under the order in respect of any personal allowance element, or
(b) to exercise the relevant rights, so far as relating to any such element,
notwithstanding that the dependent parent does not become entitled to receive any payment in respect of that element or to exercise the relevant rights so far as so relating.
(6) If, in a case where the Secretary of State gives notice under subsection (3) above, a payment under the order is or has been made to him wholly or partly in respect of the whole or any part of the period beginning with the day on which the transfer takes effect and ending with the day on which the notice under subsection (3) above is given to the liable parent, the Secretary of State shall—
(a) repay to or for the liable parent so much of the payment as is referable to any personal allowance element in respect of that period or, as the case may be, the part of it in question; and
(b) pay to or for the dependent parent so much of any remaining balance of the payment as is referable to that period or part;
and a payment under paragraph (b) above shall be taken to discharge, to that extent, the liability of the liable parent to the dependent parent under the order in respect of that period or part.
(7) If, in a case where the Secretary of State has given notice under subsection (3) above, the dependent parent makes a further claim for income support, then—
(a) the Secretary of State may, by giving a further notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer back from the dependent parent to himself the right to receive the payments and to exercise the relevant rights; and
(b) that transfer shall revive the Secretary of State’s right to receive payment under the order in respect of any personal allowance element and to exercise the relevant rights so far as relating to any such element.
(8) A transfer under subsection (3) or (7) above does not transfer or otherwise affect the right of any person—
(a) to receive a payment which fell due to him at a time before the transfer took effect; or
(b) to exercise the relevant rights in relation to any such payment;
and, where notice is given under subsection (3), subsection (5) above does not deprive the Secretary of State of his right to receive such a payment in respect of any personal allowance element or to exercise the relevant rights in relation to such a payment.
(9) For the purposes of this section—
(a) a transfer under subsection (3) above takes effect on the day on which the dependent parent ceases to be in receipt of income support in consequence of the cessation referred to in paragraph (c) of that subsection, and
(b) a transfer under subsection (7) above takes effect on—
(i) the first day in respect of which the dependent parent receives income support after the transfer under subsection (3) above took effect, or
(ii) such later day as may be specified for the purpose in the notice under subsection (7),
irrespective of the day on which notice under the subsection in question is given.
(10) Any notice required to be given to the liable parent under subsection (3) or (7) above shall be taken to have been given if it has been sent to his last known address.
(11) In this section—
“child” means a person under the age of 16, notwithstanding section 26(3)(d) below;
“court” shall be construed in accordance with section 24 above;
“maintenance order”—
(a) in England and Wales, means—
(i) any order for the making of periodical payments or for the payment of a lump sum which is, or has at any time been, a maintenance order within the meaning of the [1971 c. 32.] Attachment of Earnings Act 1971;
(ii) any order under Part III of the [1984 c. 42.] Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments or for the payment of a lump sum;
(b) in Scotland, has the meaning given by section 106 of the [1987 c. 18.] Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement);
“the relevant rights”, in relation to an order under section 24(4) above, means the right to bring any proceedings, take any steps or do any other thing under or in relation to the order which the Secretary of State could have brought, taken or done apart from any transfer under this section.
(1) This section applies where—
(a) a person (“the claimant”) who is the parent of one or more children is in receipt of income support either in respect of those children or in respect of both himself and those children; and
(b) there is in force a maintenance order made against the other parent (“the liable person”)—
(i) in favour of the claimant or one or more of the children; or
(ii) in favour of some other person for the benefit of the claimant or one or more of the children;
and in this section “the primary recipient” means the person in whose favour that maintenance order was made.
(2) If, in a case where this section applies, the liable person fails to comply with any of the terms of the maintenance order—
(a) the Secretary of State may bring any proceedings or take any other steps to enforce the order that could have been brought or taken by or on behalf of the primary recipient; and
(b) any court before which proceedings are brought by the Secretary of State by virtue of paragraph (a) above shall have the same powers in connection with those proceedings as it would have had if they had been brought by the primary recipient.
(3) The Secretary of State’s powers under this section are exercisable at his discretion and whether or not the primary recipient or any other person consents to their exercise; but any sums recovered by virtue of this section shall be payable to or for the primary recipient, as if the proceedings or steps in question had been brought or taken by him or on his behalf.
(4) The powers conferred on the Secretary of State by subsection (2)(a) above include power—
(a) to apply for the registration of the maintenance order under—
(i) section 17 of the [1950 c. 37.] Maintenance Orders Act 1950;
(ii) section 2 of the [1958 c. 39.] Maintenance Orders Act 1958; or
(iii) the [1982 c. 27.] Civil Jurisdiction and Judgments Act 1982; and
(b) to make an application under section 2 of the [1972 c. 18.] Maintenance Orders (Reciprocal Enforcement) Act 1972 (application for enforcement in reciprocating country).
(5) Where this section applies, the prescribed person shall in prescribed circumstances give the Secretary of State notice of any application—
(a) to alter, vary, suspend, discharge, revoke, revive, or enforce the maintenance order in question; or
(b) to remit arrears under that maintenance order;
and the Secretary of State shall be entitled to appear and be heard on the application.
(6) Where, by virtue of this section, the Secretary of State commences any proceedings to enforce a maintenance order, he shall, in relation to those proceedings, be treated for the purposes of any enactment or instrument relating to maintenance orders as if he were a person entitled to payment under the maintenance order in question (but shall not thereby become entitled to any such payment).
(7) Where, in any proceedings under this section in England and Wales, the court makes an order for the whole or any part of the arrears due under the maintenance order in question to be paid as a lump sum, the Secretary of State shall inform the Legal Aid Board of the amount of that lump sum if he knows—
(a) that the primary recipient either—
(i) received legal aid under the [1974 c. 4.] Legal Aid Act 1974 in connection with the proceedings in which the maintenance order was made, or
(ii) was an assisted party, within the meaning of the [1988 c. 34.] Legal Aid Act 1988, in those proceedings; and
(b) that a sum remains unpaid on account of the contribution required of the primary recipient—
(i) under section 9 of the Legal Aid Act 1974 in respect of those proceedings, or
(ii) under section 16 of the Legal Aid Act 1988 in respect of the costs of his being represented under Part IV of that Act in those proceedings,
as the case may be.
(8) In this section “maintenance order” has the same meaning as it has in section 24A above, but does not include any such order for the payment of a lump sum.”
(2) Until such time as there comes into force an amendment of Schedule 1 to the [1971 c. 32.] Attachment of Earnings Act 1971 (maintenance orders to which the Act applies) which has the effect of including among the orders specified in that Schedule any order for periodical or other payments made or having effect as if made under Schedule 1 to the [1989 c. 41.] Children Act 1989, the definition of “maintenance order” in subsection (11) of the section 24A of the 1986 Act inserted by subsection (1) above shall have effect as if, in paragraph (a), after sub-paragraph (ii) there were inserted—
“(iii) any order under paragraph 1(2)(a), (b) or (c) of Schedule 1 to the Children Act 1989 (financial provision for children against their parents);”.
(3) In section 26 of the 1986 Act, in subsection (3) (definitions for purposes of sections 24, 25 and 26) after the words “section 24” there shall be inserted “24A, 24B”.
—In section 22 of the 1986 Act (calculation of income-related benefits) after subsection (2) there shall be inserted—
“(2A) In prescribing, for the purposes of income support, amounts under subsection (1) above in respect of accommodation in any area for qualifying persons in cases where prescribed conditions are fulfilled, the Secretary of State shall take into account information provided by local authorities or other prescribed bodies or persons with respect to the amounts which they have agreed to pay for the provision of accommodation in relevant premises in that area.
(2B) In subsection (2A) above—
“accommodation” includes any board or care;
“local authority”—
(a) in relation to areas in England and Wales, has the same meaning as it has in Part III of the [1948 c. 29.] National Assistance Act 1948; and
(b) in relation to areas in Scotland, has the meaning given by section 1(2) of the [1968 c. 49.] Social Work (Scotland) Act 1968;
“qualifying person” means any person who falls within—
(a) subsection (1) of section 26A of the National Assistance Act 1948 (which is inserted by the [1990 c. 19.] National Health Service and Community Care Act 1990 and relates to persons ordinarily resident in residential care or nursing homes immediately before the commencement of that section); or
(b) subsection (1) of section 86A of the Social Work (Scotland) Act 1968 (the corresponding provision for Scotland),
or who would fall within either of those subsections apart from any regulations under subsection (3) of the section in question;
“relevant premises”—
(a) in relation to areas in England and Wales, has the meaning given by section 26A(2) of the National Assistance Act 1948; and
(b) in relation to areas in Scotland, has the meaning given by section 86A(2) of the Social Work (Scotland) Act 1968.”
(1) In section 32 of the 1986 Act, after subsection (8D) there shall be inserted—
“(8E) The Secretary of State may give general directions to social fund officers or groups of social fund officers, or to any class of social fund officers, with respect to the control and management by social fund officers or groups of social fund officers of the amounts allocated to them under subsections (8A) to (8D) above.”
(2) In subsection (10) of that section (power to nominate a social fund officer to issue guidance to other officers in his area on specified matters) for the words “to issue” there shall be substituted the words “who shall issue”.
(3) In section 33 of that Act, after subsection (10) (questions to be determined in accordance with general directions) there shall be inserted—
“(10ZA) Without prejudice to the generality of subsection (10) above, the Secretary of State may issue directions under that subsection for the purpose of securing that a social fund officer or group of social fund officers shall not in any specified period make awards of any specified description which in the aggregate exceed the amount, or a specified portion of the amount, allocated to that officer or group of officers under section 32(8A) to (8D) above for payments under awards of that description in that period.”
(4) In subsection (10A) of that section (which specifies certain matters with respect to which directions may be given) after paragraph (e) there shall be inserted—
“(f)
that a social fund payment such as is mentioned in section 32(2)(b) above shall only be awarded to a person if either—
(i) he is in receipt of a benefit under the benefit Acts which is specified in the direction and the circumstances are such as are so specified; or
(ii) in a case where the conditions specified in sub-paragraph (i) above are not satisfied, the circumstances are such as are specified in the direction;”.
(5) At the end of that section there shall be added—
“(13) The Secretary of State may by regulations—
(a) make provision with respect to the time at which an application for a social fund payment such as is mentioned in section 32(2)(b) above is to be treated as made;
(b) prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;
(c) prescribe circumstances in which such an award becomes extinguished.”
(1) The following section shall be inserted after section 58 of the Pensions Act—
(1) This section applies in relation to any occupational pension scheme—
(a) which is neither a public service pension scheme nor a money purchase scheme; and
(b) whose rules do not require the annual rate of every pension which commences or has commenced under the scheme to be increased each year by at least an amount equal to the appropriate percentage of that rate.
(2) On and after the appointed day, Schedule 3A to this Act shall have effect for the purpose of requiring the provision by schemes to which this section applies of annual increases in the annual rates of pensions under those schemes.
(3) In this section—
“annual rate”, in relation to a pension, means the annual rate of the pension, as previously increased under the rules of the scheme or under Schedule 3A to this Act;
“the appointed day” means the day on which this section and Schedule 3A to this Act come into force;
“the appropriate percentage”, in relation to an increase in the annual rate of a pension, means the percentage specified in the last revaluation order made before the increase is to take effect as the revaluation percentage for the last revaluation period of twelve months;
“money purchase scheme” means a pension scheme under which all the benefits that may be provided are money purchase benefits;
“pension” does not include—
(a) a guaranteed minimum pension or any increase in such a pension under section 37A above; or
(b) any money purchase benefit;
“revaluation order”, “revaluation percentage” and “revaluation period” shall be construed in accordance with section 52A above.”
(2) After Schedule 3 to the Pensions Act there shall be inserted the Schedule set out in Schedule 2 to this Act.
(3) In the case of an occupational pension scheme—
(a) such as is mentioned in subsection (1) of section 58A of the Pensions Act, and
(b) which is constituted by trust deed,
no payment shall be made out of the resources of the scheme to or for a person who is or has been the employer of persons in the description or category of employment to which the scheme relates until such time as provision has been made by the scheme for every pension which commences or has commenced under it to be increased as mentioned in paragraph (b) of that subsection.
(4) Nothing in subsection (3) above applies in relation to payments made to or for a person by virtue of his or any other person’s membership of the scheme in question.
(5) Expressions used in this section and the Pensions Act have the same meaning in this section as they have in that Act.
(6) The provisions of subsection (3) above override any provision of a scheme to the extent that it conflicts with them.
(1) The Pensions Act shall have effect with the amendments made by Schedule 3 to this Act, which are made for the purpose of establishing, conferring functions on, and making general provision in connection with, a commissioner to be known as the Pensions Ombudsman.
(2) In the [1971 c. 62.] Tribunals and Inquiries Act 1971—
(a) in paragraph 23 of Schedule 1 (certain tribunals concerned with pensions to be under the general supervision of the Council) there shall be added at the end of the second column—
“(e) the Pensions Ombudsman established under Part IVA of the Social Security Pensions Act 1975 (c. 60) in respect of his functions under or by virtue of section 59C(2) of that Act.”; and
(b) in section 8(2) (which specifies the paragraph numbers of the tribunals which are excepted from the requirement of concurrence to the removal of members) after “22” there shall be inserted “23(e)”.
(1) At the beginning of Part V of the Pensions Act there shall be inserted the following section—
(1) The Secretary of State may by regulations make provision—
(a) for the compilation and maintenance of a register of occupational and personal pension schemes (“the register”);
(b) for the appointment of a Registrar of Occupational and Personal Pension Schemes (“the registrar”); and
(c) for conferring on the registrar such functions relating to the compilation and maintenance of the register as may be specified in the regulations.
(2) The regulations—
(a) may make provision with respect to any of the following matters, that is to say—
(i) the remuneration and expenses, and any pensions, allowances or gratuities, or compensation for loss of office, payable to or in respect of the registrar;
(ii) the staff and other facilities that are to be available to the registrar;
(iii) the other terms and conditions upon which the registrar is to hold office; and
(iv) the removal of the registrar from office; and
(b) may confer upon the registrar power to appoint an agent to perform any of his functions on his behalf.
(3) The register—
(a) may consist of one or more parts, as may be prescribed;
(b) shall be organised in such manner, and contain such information relating to occupational and personal pension schemes, as may be prescribed; and
(c) subject to the regulations, may be kept in such manner and form as the registrar may think fit.
(4) The regulations may make provision—
(a) for the register, or for extracts from the register, or for copies of the register or of extracts from the register, to be open to inspection by, and
(b) for copies of the register, or of extracts from it, to be supplied to,
such persons, in such manner, at such times, upon payment of such fees, and subject to such other terms and conditions, as may be prescribed.
(5) The regulations may require—
(a) any person who is or has been—
(i) a trustee or manager of an occupational or personal pension scheme or an administrator of a public service pension scheme, or
(ii) the employer in relation to employment of any description or category to which an occupational pension scheme relates, and
(b) such other persons as may be prescribed,
to provide the registrar with such information for the purposes of the register in such form and within such time as may be prescribed.
(6) The Secretary of State, the Inland Revenue and the Occupational Pensions Board may provide the registrar with such information as he may request for the purposes of the register; and no obligation as to secrecy or confidentiality imposed by statute or otherwise on—
(a) persons employed in the Department of Social Security,
(b) persons employed in relation to the Inland Revenue, or
(c) the staff of the Occupational Pensions Board,
shall prevent them from disclosing to the registrar such information as is necessary for the purposes of the register.
(7) The Secretary of State may direct the registrar to submit to him, in such form and at such intervals as may be specified in the direction, such statistical and other reports as the Secretary of State may require; and the Secretary of State may determine at his discretion whether or not to publish a report submitted to him under this subsection.
(8) In this section “employer”, in relation to a pension scheme, includes a person who is or has been treated under section 66(3) below as an employer in relation to the scheme for the purposes of Part III or IV of this Act.
(9) Subsections (2) to (5) above are without prejudice to the generality of subsection (1) above and nothing in subsection (5) or (6) above shall be taken to imply that the Occupational Pensions Board may not be appointed as the registrar.”
(2) The following provisions of the Pensions Act (which make provision with respect to the registration of occupational pension schemes and which are set out in Schedule 2 to the [1985 c. 53.] Social Security Act 1985 and have not all been brought into force) shall cease to have effect—
(a) sections 56B to 56D;
(b) section 56E(1)(c);
(c) sections 56F to 56K;
(d) section 56L(1)(b), (5)(b) and (9); and
(e) sections 56M and 56N.
(1) The enactments mentioned in Schedule 4 to this Act (which relate to occupational and personal pensions) shall have effect with the amendments there specified.
(2) Regulations may modify the provisions inserted into the Pensions Act by paragraph 2 of that Schedule in any manner which the Secretary of State thinks appropriate with a view to securing the orderly implementation of those provisions and to obtaining general compliance with them.
(1) The Secretary of State may make or arrange for the making of grants—
(a) towards the cost of carrying out work—
(i) for the purpose of improving the thermal insulation of dwellings, or
(ii) otherwise for the purpose of reducing or preventing the wastage of energy in connection with space or water heating in dwellings; and
(b) where any such work is, or is to be, carried out, towards the cost of providing persons with advice relating to thermal insulation or to the economic and efficient use of domestic appliances or of facilities for lighting, or for space or water heating, in dwellings;
but no grants shall be made under this section except in accordance with regulations made by the Secretary of State.
(2) The regulations may make provision with respect to—
(a) the descriptions of dwelling and work in respect of which a grant under subsection (1)(a) above may be made;
(b) the nature and extent of the advice with respect to the provision of which grants under subsection (1)(b) above may be made;
(c) the descriptions of person from whom an application for a grant under subsection (1)(a) or (b) above may be entertained;
(d) the persons to whom such an application is to be made;
(e) the payment of such grants to persons other than the applicant;
(f) the conditions on which such a grant may be made.
(3) The regulations—
(a) may specify or make provision for determining the amount or maximum amount of any grant under this section; and
(b) may include provision requiring work to comply with standards of materials and workmanship (whether prescribed standards, or standards otherwise laid down from time to time by a prescribed person) if it is to be eligible for a grant under subsection (1)(a) above.
(4) Subsections (1) to (3) above shall apply in relation to any building in multiple occupation as they apply in relation to a dwelling; and for this purpose “building in multiple occupation” means a building which is occupied by persons who do not form a single household, exclusive of any part of the building which is occupied as a separate dwelling by persons who form a single household.
(5) The Secretary of State may delegate any of his functions in relation to grants under this section to such persons or bodies of persons as he may determine, and may pay to any person or body of persons to whom functions are so delegated, or upon whom functions are otherwise conferred under or by virtue of this section, such fees as may be agreed.
(6) Without prejudice to the generality of the powers conferred by this section, the regulations may make provision for any of the following matters, that is to say—
(a) for appointing for any particular area a person or body of persons (an “administering agency”) to perform in that area such functions as the Secretary of State may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
(b) for the administering agency for any area to select, in accordance with criteria (whether prescribed criteria, or criteria otherwise laid down from time to time by a prescribed person), and register as the network installer for any particular locality within their area, a person or body of persons capable of carrying out, or arranging for the carrying out of, work in respect of which grants under subsection (1)(a) above may be made, to perform in that locality such functions as the Secretary of State or that agency may confer upon that person or body for the purposes of, or otherwise in connection with, this section (whether those functions are prescribed, or specified otherwise than in regulations);
(c) for the allocation by the Secretary of State to an administering agency of the sums which are to be available to that agency in any period for the purpose of making grants under this section in that period, and for the re-allocation of any sums so allocated;
(d) for the allocation by an administering agency to a network installer of an amount which represents the total amount of grant under this section which the agency determines is, or is to be, available for any period in respect of work carried out, and advice given, by that installer and any sub-contractors of his in that period, and for the re-allocation of any amount so allocated.
(7) The provision that may be made in regulations by virtue of subsection (6) above includes provision—
(a) for the making of appointments, or the conferring of functions, under that subsection to be effected in whole or in part by or under a contract made between prescribed persons and for requiring any such contract to contain prescribed terms and conditions or terms and conditions with respect to prescribed matters;
(b) for terminating any appointment as an administering agency or any registration as a network installer;
(c) for conferring upon network installers the exclusive right to apply for grants by virtue of subsection (4) above;
(d) for conferring upon administering agencies functions relating to the general oversight of network installers and the verification of claims made, and information supplied, by them.
(8) The power to make regulations under this section shall be exercisable by statutory instrument made with the consent of the Treasury; and any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of the House of Commons.
(9) Regulations under this section—
(a) may make different provision with respect to any labour involved, materials used or other items comprised in the carrying out of work; and
(b) may make different provision for different cases and different areas.
(10) In this section—
“functions” means powers and duties and includes the exercise of a discretion with respect to any matter;
“prescribed” means specified in, or determined in accordance with, regulations under this section.
(11) Sections 252 and 253 of the [1987 c. 26.] Housing (Scotland) Act 1987 (grants for thermal insulation) shall cease to have effect.
(1) In section 1 of the principal Act (outline of the contributory system) at the end of paragraph (a) of subsection (1) there shall be added the word “and” and paragraph (c) of that subsection (benefit under the Old Cases Act to be provided by means of contributions etc) shall cease to have effect.
Social Security Act 1990