Social Security Bill

Social Security Bill - continued	House of Commons
PART III, BENEFITS - continued
Amendments of Administration Act - continued

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Power to anticipate pensions up-rating order.

72. After section 155 of the Administration Act there shall be inserted the following section-

"Power to anticipate pensions up-rating order.	155A. - (1) This section applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies-
	(a) the amounts by which he proposes, by an order under section 150, to increase-
	(i) the weekly sums that are payable by way of retirement pension; or
	(ii) the amount of graduated retirement benefit payable for each unit of graduated contributions; and
	(b) the date on which he proposes to bring the increases into force ("the commencing date").
	(2) Where, before the commencing date and after the date on which the statement is made, an award is made of a retirement pension or a graduated retirement benefit, the award either may provide for the pension or benefit to be paid as from the commencing date at the increased rate or may be expressed in terms of the rate appropriate at the date of the award."

PART IV

SUPPLEMENTAL

Regulations and orders.

73. - (1) Subject to sections 15(11) and 16(6) above and paragraph 5 of Schedule 4 to this Act, regulations under this Act shall be made by the Secretary of State.

(2) Powers under this Act to make regulations or orders are exercisable by statutory instrument.

(3) A statutory instrument which contains regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Any power conferred by this Act to make regulations or orders may be exercised-

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised-

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(5) Powers to make regulations for the purposes of any one provision of this Act are without prejudice to powers to make regulations for the purposes of any other provision.

(6) Without prejudice to any specific provision in this Act, a power conferred by this Act to make regulations includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to the authority making the regulations to be expedient for the purposes of those regulations.

(7) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act to make regulations includes power to provide for a person to exercise a discretion in dealing with any matter.

(8) Any power conferred by this Act to make regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.

Financial provisions.

74. - (1) There shall be paid out of money provided by Parliament-

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor under or by virtue of this Act; and

(b) any increase attributable to this Act in the sums which under any other Act are payable out of money so provided.

(2) There shall be paid out of or into the Consolidated Fund any increase attributable to this Act in the sums which under any other Act are payable out of or into that Fund.

Interpretation: general.

75. In this Act-

"the Administration Act" means the Social Security Administration Act 1992;

"the Child Support Act" means the Child Support Act 1991;

"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992;

"the Jobseekers Act" means the Jobseekers Act 1995;

"the Vaccine Damage Payments Act" means the Vaccine Damage Payments Act 1979;

"prescribe" means prescribe by regulations.

Provision for Northern Ireland.

76. An Order in Council under paragraph 1(1)(b) of Schedule 1 to the Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement 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.

Minor and consequential amendments and repeals.

77. - (1) The enactments mentioned in Schedule 6 to this Act shall have effect subject to the amendments there specified, being minor amendments and amendments consequential on the provisions of this Act.

(2) The enactments mentioned in Schedule 7 to this Act, which include some that are spent, are hereby repealed to the extent specified in the third column of that Schedule.

Short title, commencement and extent.

78. - (1) This Act may be cited as the Social Security Act 1997.

(2) This Act, except sections 22, 23, 35, 49, 63, 68 and 73 to 76 and this section, shall come into force on such day as may be appointed by order made by the Secretary of State; and different days may be appointed for different provisions and for different purposes.

(3) An order under subsection (2) above may make such savings, or such transitional or consequential provision, as the Secretary of State considers necessary or expedient-

(a) in preparation for or in connection with the coming into force of any provision of this Act; or

(b) in connection with 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.

(4) This Act, except-

(a) sections 3, 16, 45 to 47, 56 and 76 and this section; and

(b) section 77 and Schedules 6 and 7 so far as they relate to enactments which extend to Northern Ireland,

does not extend to Northern Ireland.

(5) The following provisions of this Act extend to the Isle of Man, namely-

(a) sections 45 to 47 and this section;

(b) paragraphs 5 to 9 of Schedule 6 and section 77(1) so far as relating to those paragraphs; and

Prepared 10 July 1997