HC Deb 19 April 1985 vol 77 cc512-5

'3D. The following section shall be substituted for section 83 of that Act — 83. Regulations may provide for a person who would be entitled to any benefit but for the operation of any provision of this Act disentitling him to that benefit to be treated as if entitled to it for the purposes of any rights or obligations (whether his own or another's) under this Act which depend on his entitlement, other than the right to payment of the benefit.".'. No. 167, in page 43, line 21, at end insert—

  1. '3B. In section 13 of that Act—
    1. (a)in paragraph (a) of subsection (5) (earnings factors), after the word "rise" there shall be inserted the words ", subject to subsection (5A) below,"; and
    2. (b)the following subsection shall be inserted after that subsection—

No. 164, in page 43, line 23, leave out 'the Social Security Act 1975' and insert 'that Act'.

No. 94, in page 43, line 25, at end insert—

No. 165, in page 43, line 25, at end insert— "'Entitled' and cognate expressions. In relation to any benefit, see—
  1. (a)the provisions specifically relating to that benefit;
  2. (b)in the case of a benefit specified in section 12(1), section 13; and
  3. section 165A.".'.
 No. 95, in page 43, line 26, at end insert—

No. 96, in page 43, line 27, leave out 'the Social Security Pensions Act 1975' and insert

'that Act'.

No. 134, in page 44, line 13, at end insert—

  1. 8A.—
    1. (1) In section 41A of that Act (protection of earners' pensions)—
      1. (a)in subsection (1), for "commencement of payment", in the third place where those words occur, there shall be substituted "relevant"; and
      2. (b)the following subsections shall be inserted after that subsection—
        • (1A) In subsection (1) above "the relevant date" means, subject to subsection (1B) below, the commencement of payment date.
        • (1B) In the application of subsection (1) above to a case where a scheme makes such provision as to any part of a pension as is mentioned in section 33(4) above, the reference to the relevant date is to be construed, in relation to the part of the pension as to which such provision is made, as a reference to the date on which by virtue of it that part of the pension commences to be paid.".
    2. (2) Sub-paragraph (1) above shall be deemed to have come into force on 1st January 1985.
  2. 8B. The following further amendments of that section shall also be made—
    1. (a)in subsection (2), "(1C)" shall be substituted for "(1)"; and
    2. (b)in subsection (6), "subsections (1)(c) and (1C)(b)— shall be substituted for "subsection (1)(c) and (ii)".'
  3. 8C. In section 41B of that Act (protection of widows' pensions)—
    1. (a)in subsection (2), "(1A)" shall be substituted for "(1)"; and
    2. (b)in subsection (5), "subsections (1)(c) and (1A)(b)" shall be substituted for "subsection (1)(c) and (ii)".'.

No. 168, in page 44, line 13, at end insert— '4H. The following subsection shall be inserted after section 43(1) of that Act (calculation of contributions equivalent premium)— (1A) Where an earner's earnings paid in any period—

  1. (a)exceeded the lower earnings limit; but—
  2. (b)were not such that primary Class 1 contributions within Bracket 3 fell to be paid in respect of them,
it shall be assumed for the purposes of subsection (1) above that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them.".

No. 169, in page 44, line 31, at end insert—

No. 170, in page 44, line 31, at end insert— '4K. The following subsection shall be inserted after section 47(2) of that Act (calculation of certified amount)— (2A) Where an earner's earnings paid in any period—

  1. (a) exceeded the lower earnings limit; but
  2. (b) were not such that primary Class I contributions within Bracket 3 fell to be paid in respect of them, it shall be assumed for the purposes of subsection (2) above that his earnings paid in that period were such that, taking the rate specified in Bracket 3 as the appropriate rate, the same amount of primary Class 1 contributions fell to be paid in respect of them as in fact fell to be paid in respect of them.".'.

No. 153, in page 44, line 36, at end insert— '10A. The following subsection shall be inserted after section 47(9) of that Act (prohibition of recovery or retention of state scheme premium)— (9A) Nothing in subsection (9) above affects—

  1. (a)the right of the trustees or managers of a scheme, in a case where an accrued rights premium or a pensioner's rights premium has been paid, to reduce the pension of the person in respect of whom the premium has been paid by the amount of his guaranteed minimum pension;
  2. (b)the right of trustees or managers, in a case where a limited revaluation premium has been paid, to recoup it—
    1. (i) out of the resources of the scheme, in so far as they derive from contributions; or
    2. (ii) in prescribed cases, out of payments made to them in respect of an earner's transfer to their scheme from some other scheme;
  3. (c)the right of trustees or managers, in a case where a state scheme premium has been paid, to make the deduction for which paragraph 12(6) of Schedule 1A to this Act provides when they calculate the cash equivalent to which the earner in respect of whom the premium has been paid has a right under Part II of that Schedule.".'.

No. 97, in page 45, line 45, at end insert— 'Social Security and Housing Benefits Act 1982 (c. 24) 16A. In section 20 of the Social Security and Housing Benefits Act 1982 (offences and penalties) "3(4A)(b)" shall be inserted after "section".'.

No. 98, in page 46, line 4, at end insert— 'Social Security (Contributions) Regulations 1979 (S.1. 1979/591) 18. In regulation 98(c) of the Social Security (Contributions) Regulations 1979 (amount of Class 2 contribution of share fishermen) "6.30" shall be substituted for "7.55". ' .—[Mr. Newton.]

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