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PART I
INTRODUCTION
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 and shall come into force on 13th April 1995.
2
In these Regulations —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ;
“the 1994 Act ” means the Social Security (Incapacity for Work) Act 1994 ;
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the appointed day” means 13th April 1995;
“the Increases for Dependants Regulations ” means the Social Security (Incapacity Benefit — Increases for Dependants) Regulations 1994 ;
“pensionable age” means —
the age of 65, in the case of a man; and
the age of 60, in the case of a woman;
“the Unemployment, Sickness and Invalidity Benefit Regulations ” means the Social Security (Unemployment, Sickness and Invalidity Benefit) Regulations 1983 .
3
In these Regulations, unless the context otherwise requires, a reference —
a
to a numbered regulation is to the regulation bearing that number in these Regulations;
b
in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation;
c
in a regulation to a numbered Part is to the Part bearing that number in these Regulations.
PART II
PROVISIONS COMMON TO THE TRANSITION TO INCAPACITY BENEFIT FROM SICKNESS BENEFIT AND INVALIDITY BENEFIT
Days to be treated as days of incapacity for work
2
1
For the purposes of a transitional award of incapacity benefit under regulations 11 and 17 and for the purposes of enabling a claim for incapacity benefit to be made on or after the appointed day on the basis that a day of incapacity for work on or after the appointed day forms part of a period of incapacity for work beginning before the appointed day —
a
days before the appointed day which were days of incapacity for work for the purposes of sickness benefit or invalidity benefit and days specified in paragraph (2) shall be treated as having been days of incapacity for work; and
b
days of entitlement to sickness benefit or invalidity benefit and days specified in paragraph (3) shall be treated as having been days of entitlement to incapacity benefit.
2
The specified days referred to in paragraph (1)(a) are —
a
any Sunday before the appointed day which —
i
immediately follows a day of incapacity for work; and
ii
immediately precedes a day of incapacity for work; and
iii
does not fall within a period of disqualification by virtue of section 32 of the 1992 Act and the provisions in regulation 17 of the Unemployment, Sickness and Invalidity Benefit Regulations in force immediately before the appointed day; and
iv
falls within a period of interruption of employment running at the appointed day;
b
any Sunday which immediately follows a day of incapacity for work in a period of interruption of employment which comes to an end on a Saturday.
3
The specified days referred to in paragraph (1)(b) are —
a
any Sunday which falls within the description specified in paragraph (2)(a) and (b);
b
days which are deemed to be days of entitlement to sickness benefit under regulation 7A of the Unemployment, Sickness and Invalidity Benefit Regulations;
c
the seventh day in any week in which an employer was liable to pay a person statutory sick pay at the weekly rate specified in section 157(1) of the 1992 Act; and
d
any additional days which would have been taken into account for sickness benefit and invalidity benefit purposes had the days referred to in the provisions in regulation 7A(4)(b) of the Unemployment, Sickness and Invalidity Benefit Regulations in force immediately before the appointed day been days in the week beginning with a Sunday which would be comprised in a fraction of a seven-day week.
Linking periods of interruption of employment and periods of incapacity for work
3
Where the last day of incapacity for work in a period of interruption of employment and the first day of incapacity for work in a period of incapacity for work are not separated by a period of more than 56 days, both these periods shall be treated as one period of incapacity for work.
Calculation of days in a period of incapacity for work
4
The days referred to in regulation 2 shall be taken into account for the purposes of sections 30A(4) (length of entitlement to short-term incapacity benefit), 30B(2) (period after which short-term incapacity benefit is payable at higher rate) and 30B(4) (period after which incapacity benefit is payable at long-term rate) of the 1992 Act .
Claims for sickness benefit or invalidity benefit made on or after the appointed day
5
Where a claim for sickness benefit or invalidity benefit is made on or after the appointed day in respect of a period of incapacity before the appointed day, the provisions in regulation 19 of, and paragraph 2 of Schedule 4 to, the Social Security (Claims and Payments) Regulations 1987 (time for claiming benefit) in force on the appointed day shall be read as if the reference to incapacity benefit were a reference to sickness benefit or invalidity benefit.
Interchange of sickness benefit and invalidity benefit with claims for other benefits
6
Where a claim for sickness benefit, invalidity benefit, severe disablement allowance or maternity allowance is made in respect of a period before the appointed day, the provisions in regulation 9 of, and Part I of Schedule 1 to, the Social Security (Claims and Payments) Regulations 1987 (benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative) in force on the appointed day shall be read as if regulation 10(1), (2), (4) and (6) to (9) of the Social Security (Claims and Payments) Amendment ( No. 2) Regulations 1994 had not come into force.
Persons deemed to be incapable of work
7
1
A person who immediately before the appointed day is deemed to be incapable of work by virtue of regulation 3(3)(a)(ii) of the Unemployment, Sickness and Invalidity Benefit Regulations (persons deemed to be incapable of work) shall continue to be so deemed on or after the appointed day notwithstanding that the work referred to in regulation 3(3)(a)(ii) is undertaken for 16 hours or more in the week in which it is performed.
2
Paragraph (1) shall cease to apply —
a
when the period of incapacity for work comes to an end on or after the appointed day; or
b
when no work is undertaken for a period of not less than 57 continous days in a period of incapacity for work.
Direct credit transfer
8
Where a person had an award of sickness benefit or invalidity benefit which was payable by automated credit transfer in accordance with regulation 21 of the Social Security (Claims and Payments) Regulations 1987 , and that award has effect as an award of incapacity benefit under regulations 11 or 17, the award of incapacity benefit shall continue to be paid by automated credit transfer into the same bank or other account as the award of sickness benefit or invalidity benefit; and for this purpose, any application made and any consent given in relation to the award of sickness benefit or invalidity benefit shall be treated as made or given in relation to the transitional award of incapacity benefit.
Disqualification
9
Where immediately before the appointed day a person is disqualified by virtue of regulations made under section 32 or section 59 of the 1992 Act (disqualifications for sickness benefit and invalidity benefit), the period of disqualification in respect of sickness benefit or invalidity benefit shall continue to have effect and that person shall likewise be disqualified for receiving incapacity benefit for the period of disqualification which remains outstanding at the appointed day.
Suspension of payment of transitional awards
10
Where the Secretary of State has made a direction to suspend payment of an award of sickness benefit or invalidity benefit in whole or in part, by virtue of regulations made under section 5(1)(n) of the Administration Act, that direction shall have effect as if it were made in respect of a transitional award of incapacity benefit and the payment of the transitional award of incapacity benefit shall likewise be suspended as if it were an award of sickness benefit or invalidity benefit.
PART III
PROVISIONS FOR THE TRANSITION TO INCAPACITY BENEFIT FROM SICKNESS BENEFIT
Transitional awards of short-term incapacity benefit
11
1
Where a person is entitled to sickness benefit immediately before the appointed day, that award of sickness benefit shall have effect on or after the appointed day as if it were an award of short-term incapacity benefit; and such an award shall be referred to in these Regulations as a transitional award of short-term incapacity benefit.
2
A person shall cease to be entitled to a transitional award of short-term incapacity benefit under paragraph (1) —
a
when the period of incapacity for work comes to an end; or
b
after 364 days of entitlement to short-term incapacity benefit in a period of incapacity for work; or
c
if he was entitled to sickness benefit under section 102 of the 1992 Act (sickness benefit in respect of an industrial injury) immediately before the appointed day, when the incapacity for work is no longer a result of a personal injury of the kind mentioned in section 94(1) of the 1992 Act,
whichever first occurs.
3
Subject to the provisions in Part VI, a person’s entitlement to a transitional award of short-term incapacity benefit shall be subject to him being incapable of work as determined in accordance with Part XIIA of the 1992 Act (incapacity for work) .
4
Where a person ceases by virtue of paragraph (2)(b) to be entitled to a transitional award of short-term incapacity benefit he is, subject to him being incapable of work as determined in accordance with Part XIIA of the 1992 Act (incapacity for work), entitled to long-term incapacity benefit in the same period of incapacity for work in which he is not over pensionable age.
Special provision for persons entitled to short-term incapacity benefit on termination of employment after a period of entitlement to disability working allowance
12
1
Where a person who was entitled to a transitional award of short-term incapacity benefit becomes entitled to the higher rate of short-term incapacity benefit by virtue of section 30C(5) of the 1992 Act and the rate of that benefit is less than the rate at which the transitional award of incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until —
a
in the case where the transitional award included an increase under regulation 15(1), the conditions in regulation 15(3) are no longer satisfied;
b
in any other case, the rate of short-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act (increase for adult dependants) equals or exceeds that rate.
Special provisions for persons entitled to short-term incapacity benefit on termination of a period engaged in training for work
13
1
Where a person who was entitled to a transitional award of short-term incapacity benefit becomes entitled to the higher rate of short-term incapacity benefit by virtue of section 30C(6) of the 1992 Act and the rate of that benefit is less than the rate at which the transitional award of incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until —
a
in the case where the transitional award included an increase under regulation 15(1), the conditions in regulation 15(3) are no longer satisfied;
b
in any other case, the rate of short-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act (increase for adult dependants) equals or exceeds that rate.
2
Where a person —
a
at any time in a period of not more than 57 days immediately before the appointed day or at any time in a period of not more than 57 days immediately after the appointed day attends a training course of the type specified in regulation 7(1)(f) of the Unemployment, Sickness and Invalidity Benefit Regulations (days when a person is attending a training course not to be treated as days of incapacity for work) ; and
b
had been entitled to sickness benefit in a period of interruption of employment within a period not exceeding 57 days prior to the first day of attendance on the training course; and
c
within a period not exceeding 57 days beginning on the day after the last day of attendance on the training course he becomes entitled to incapacity benefit by virtue of sections 30A, 40 or 41 of the 1992 Act ; and
d
the rate of short-term incapacity benefit is less than the rate at which a transitional award of short-term incapacity benefit would have been payable had the period of entitlement to sickness benefit referred to in sub-paragraph (b) been running at the appointed day,
incapacity benefit shall be payable at the latter rate until, in the case where the transitional award would have included an increase under regulation 15(1), the conditions in regulation 15(3) are no longer satisfied, and in any other case, the rate of short-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act equals or exceeds that rate.
3
For the purpose of paragraph (2), days of attendance on a training course referred to in that paragraph shall be treated as days of incapacity for work.
Contribution conditions of short-term incapacity benefit in respect of an industrial injury
14
1
Where a person was entitled to sickness benefit under section 102 of the 1992 Act (sickness benefit in respect of industrial injury) immediately before the appointed day, the contribution conditions as specified in Schedule 3, Part I, paragraph 2 of the 1992 Act shall be taken to be satisfied —
a
for the purposes of entitlement to a transitional award of the higher rate of short-term incapacity benefit in respect of that industrial injury;
b
for the purposes of entitlement to the lower or higher rate of short-term incapacity benefit where —
i
he ceased to be entitled to a transitional award as a consequence of regulation 11(2)(c); and
ii
no more than 57 days after he ceased to be so entitled,
he became incapable of work as a result of the personal injury in respect of which the transitional award referred to in head (i) above was payable;
c
for the purposes of entitlement to short-term incapacity benefit by virtue of section 30C(5) or 30C(6) of the 1992 Act in a case where he becomes incapable for work as a result of the personal injury in respect of which a transitional award of incapacity benefit was made.
2
Where a person is entitled to incapacity benefit by virtue of paragraph (1)(b), the rate at which incapacity benefit is payable shall be the rate at which a transitional award of short-term incapacity benefit would have been payable had he been entitled to a transitional award of short-term incapacity benefit; and these Regulations shall apply as if the award of incapacity benefit were a transitional award of short-term incapacity benefit.
Increase of rate of a transitional award of short-term incapacity benefit for adult dependants
15
1
Subject to paragraph (7), where at any time during a period of 56 days immediately before the appointed day —
a
an increase of sickness benefit under Part IV of the 1992 Act was payable to a person for a spouse who was an adult dependant; and
b
on the appointed day he becomes entitled to a transitional award of short-term incapacity benefit under regulation 11,
an amount equal to that increase shall be payable.
2
Where, as a consequence of a review under section 150 of the Administration Act in the tax year 1994–1995, the amounts specified in column (3) of paragraph 1A of Part IV of Schedule 4 to the 1992 Act are increased, the increase payable under paragraph (1) shall likewise be increased by an equal amount; and thereafter an increase payable under paragraph (1) shall be an amount equal to the appropriate amount specified in column (3) of paragraph 1A of Part IV of Schedule 4 to the 1992 Act.
3
Subject to the following provisions, an increase under paragraph (1) shall continue to be payable provided that —
a
the spouse is residing with the beneficiary; or
b
the beneficiary is contributing to the maintenance of his spouse at the weekly rate equal to or greater than the rate of the increase.
4
The provisions in Part I (general) and Part III (adults), save for regulation 9(1)(a) and (b) of that Part, of the Increases for Dependants Regulations shall apply to an increase under paragraph (1) as they apply to an increase made by virtue of section 86A of that Act .
5
A person shall cease to be entitled to an increase under paragraph (1) when no increase of sickness benefit or short-term incapacity benefit has been paid or payable for a period of at least 57 continuous days.
6
In calculating the period referred to in paragraph (5) the days of entitlement to disability working allowance or the days of attendance on a training course of a type referred to in section 30C(6) of the 1992 Act or regulation 13(2) shall not be taken into account.
7
Where a person is entitled to an increase under paragraph (1) and section 30B(4) of the 1992 Act applies to him the amount of the increase shall be equal to the rate specified in Schedule 4, Part IV, paragraph 2, column (3) of the 1992 Act.
8
In a case where paragraph (7) applied, the increase shall continue to be payable if, when the transitional award of short-term incapacity benefit is terminated, he immediately becomes entitled to long-term incapacity benefit under section 30A(5) of that Act and he continues to satisfy the conditions in section 30B(4)(a) and (b); and this regulation shall continue to apply to that increase.
9
Where a person becomes entitled to an increase under paragraph (1), he shall not be entitled to an adult dependency increase to which he would, but for this provision, be entitled under the Increases for Dependants Regulations.
Transitional provision for the treatment of earnings in respect of increases of short-term incapacity benefit for dependants
16
Where —
a
on or after the appointed day no increase of short-term incapacity benefit is payable for —
i
an adult dependant as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependants) of the Increases for Dependants Regulations; or
ii
a child dependant as a consequence of section 80(3) and (4) of the 1992 Act and regulation 5 of the Increases for Dependants Regulations; and
b
the earnings which caused there to be no payment of an increase in paragraph (a) had already resulted in no payment of an increase before the appointed day,
a payment of an increase shall be made as if the provisions in the 1992 Act in force immediately before the appointed day continued to have effect in respect of those earnings and the 1994 Act had not been enacted and regulations 5 and 10 of the Increases for Dependants Regulations had not come into force.
PART IV
PROVISIONS FOR THE TRANSITION TO INCAPACITY BENEFIT FROM INVALIDITY BENEFIT
Transitional awards of long-term incapacity benefit
17
1
Where a person is entitled to invalidity benefit immediately before the appointed day, that award of invalidity benefit shall have effect on or after the appointed day as if it were an award of long-term incapacity benefit; and such an award shall be referred to in these Regulations as a transitional award of long-term incapacity benefit.
2
Subject to the provisions in Part VI, a person’s entitlement to a transitional award of long-term incapacity benefit shall be subject to him being incapable of work as determined in accordance with Part XIIA of the 1992 Act (incapacity for work) .
3
A person who reaches pensionable age before the appointed day and who is entitled to a transitional award of long-term incapacity benefit under paragraph (1) shall continue to be entitled to that award on any day that he is incapable of work as determined in accordance with Part XIIA of the 1992 Act for as long as he is not more than 5 years over pensionable age.
4
Where a person reaches pensionable age on or after the appointed day, entitlement to a transitional award of long-term incapacity benefit shall terminate on his attaining pensionable age.
Rate of long-term incapacity benefit in transitional cases
18
1
Subject to paragraph (7), in transitional cases, the weekly rate of long-term incapacity benefit shall consist of —
a
a basic rate of an amount equal to the rate of long-term incapacity benefit specified in Schedule 4, Part I, paragraph 2A, of the 1992 Act ;
b
where an additional pension was paid or payable with invalidity benefit immediately before the appointed day, an additional rate of an amount equal to the rate paid or payable as an additional pension with invalidity benefit immediately before the appointed day; and that amount shall be referred to as the additional rate;
c
where an invalidity allowance was payable by virtue of section 34 of the 1992 Act immediately before the appointed day, an amount equal to the appropriate rate specified in paragraph (2); and that amount shall be referred to as a transitional invalidity allowance.
2
The appropriate rate referred to in paragraph (1)(c) is —
a
where the higher rate of invalidity allowance was payable immediately before the appointed day, £12.15;
b
where the middle rate of invalidity allowance was payable immediately before the appointed day, £7.60;
c
where the lower rate of invalidity allowance was payable immediately before the appointed day, £3.80.
3
The transitional invalidity allowance shall be up-rated in accordance with the provisions of Part X of the Administration Act (review and alteration) as if that allowance were a sum specified in section 150(1)(a)(i), (2)(a) and (3)(a) of that Act.
4
In a transitional case, where for any period a person is entitled to an award of long-term incapacity benefit which includes the additional rate and a transitional invalidity allowance, for that period the relevant amount shall be deducted from the appropriate weekly rate of the transitional invalidity allowance and he shall be entitled to the transitional invalidity allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.
5
In paragraph (4) “the relevant amount” means an amount equal to the additional rate reduced by the amount of any reduction in the weekly rate of incapacity benefit made by virtue of regulation 22.
6
Where the rate of long-term incapacity benefit includes a transitional invalidity allowance no increase shall become payable by virtue of regulations made under section 30B(7) of the 1992 Act .
7
In a transitional case where a person attained pensionable age before the appointed day and is not more than 5 years over that age, he shall continue to be entitled to long-term incapacity benefit until he reaches 5 years over pensionable age payable at the rate at which the basic pension referred to in section 44(4) of the 1992 Act is payable.
8
In determining the rate of long-term incapacity benefit in a transitional case where paragraph (7) applies, any increase of the following descriptions shall be disregarded —
a
if he is also entitled to a transitional invalidity allowance under paragraph (1)(c), any increase under section 47(1) or 50(2) of the 1992 Act ;
b
any increase (for married women) under section 53(2) of, or (for deferred retirement) under Schedule 5 to, the 1992 Act;
c
any increase (for dependants) under section 80, 83 or 85 of the 1992 Act; and
d
any increase (for Category A or Category B pensioners) under section 150 of the Administration Act (annual up-rating) of the sums mentioned in subsection (1)(e) of that section.
9
For the purposes of Part IV a transitional case means a case where a person is entitled to —
a
a transitional award of long-term incapacity benefit; or
b
an award of long-term incapacity benefit on the basis that a day of incapacity for work on or after the appointed day forms part of a period of incapacity for work beginning before the appointed day.
Special provisions for persons entitled to long-term incapacity benefit on termination of a period of entitlement to disability working allowance
19
1
Where a person who was entitled to a transitional award of long-term incapacity benefit becomes entitled to incapacity benefit by virtue of section 30C(5) of the 1992 Act and the rate of that benefit is less than the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until —
a
in the case where the transitional award included an increase under regulation 24(1), the conditions in regulation 24(3) or any of the provisions referred to in regulation 25(2) are no longer satisfied;
b
in any other case, the rate of long-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act (increase for adult dependants) equals or exceeds that rate.
2
Where a person —
a
who was entitled to disability working allowance by virtue of section 129 of the 1992 Act before the appointed day or to disability working allowance at any time in a period of not more than 56 days beginning on or after the appointed day, becomes entitled to incapacity benefit; and
b
would have become entitled to invalidity benefit by virtue of section 33(7) or section 42 of the 1992 Act had the 1994 Act not come into force; and
c
the rate of incapacity benefit is less than the rate at which a transitional award of long-term incapacity benefit would have been payable had the days of entitlement to invalidity benefit in the period of interruption of employment which arose immediately before the period of entitlement to disability working allowance been days of entitlement to invalidity benefit in a period of interruption of employment running at the appointed day,
incapacity benefit shall be payable at the latter rate until, in the case where the transitional award would have included an increase under regulation 24(1), the conditions in regulation 24(3) or in any of the provisions referred to in regulation 25(2) are no longer satisfied, and in any other case, the rate of long-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act equals or exceeds that rate.
3
For the purposes of paragraph (2), the days of entitlement to disability working allowance referred to in that paragraph shall be treated as days of incapacity for work.
Special provisions for persons entitled to long-term incapacity benefit on termination of a period engaged in training for work
20
1
Where a person who was entitled to a transitional award of long-term incapacity benefit becomes entitled to long-term incapacity benefit by virtue of section 30C(6) of the 1992 Act and the rate of that benefit is less than the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be entitled to that award, incapacity benefit shall be payable at the latter rate until —
a
in the case where the transitional award included an increase under regulation 24(1), the conditions in regulation 24(3) or any of the provisions referred to in regulation 25(2) are no longer satisfied;
b
in any other case, the rate of long-term incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act (increase for adult dependants) equals or exceeds that rate.
2
Where a person —
a
at any time in a period of not more than 57 days immediately before the appointed day or at any time in a period of not more than 57 days immediately after the appointed day attends a training course of the type specified in regulation 7(1)(f) of the Unemployment, Sickness and Invalidity Benefit Regulations (days when a person is attending a training course not to be treated as days of incapacity for work) ; and
b
had been entitled to invalidity benefit in a period of interruption of employment which arose within a period not exceeding 57 days prior to the first day of attendance on the training course; and
c
within a period not exceeding 57 days beginning on the day after the last day of attendance on the training course becomes entitled to incapacity benefit by virtue of sections 30A, 40 or 41 of the 1992 Act ; and
d
the rate of incapacity benefit is less than the rate at which a transitional award of long-term incapacity benefit would have been payable had the period of entitlement to invalidity benefit referred to in sub-paragraph (b) been running at the appointed day,
incapacity benefit shall be payable at the latter rate until, in the case where the transitional award would have included an increase under regulation 24(1), the conditions in regulation 24(3) or in any of the provisions referred to in regulation 25(2) are no longer satisfied, and in any other case, the rate of incapacity benefit under section 30B of the 1992 Act together with any increase under section 86A of that Act equals or exceeds that rate.
3
For the purpose of paragraph (2), the days referred to as days of attendance on a training course in that paragraph shall be treated as days of incapacity for work.
Special provisions for persons entitled to long-term incapacity benefit in respect of an industrial injury
21
1
Subject to paragraph (2), a person entitled to a transitional award of long-term incapacity benefit in respect of a personal injury of a kind mentioned in section 94(1) of the 1992 Act shall cease to be so entitled when the incapacity for work is no longer as a result of that injury.
2
Where a person’s entitlement to a transitional award of long-term incapacity benefit ceases as a consequence of paragraph (1) and no more than 57 days after entitlement to that award ceases he becomes incapable for work as a result of the same personal injury in respect of which the transitional award of long-term incapacity benefit was payable, he shall be entitled to benefit at the rate at which the transitional award of long-term incapacity benefit would have been payable had he not ceased to be so entitled; and these Regulations shall apply as if the award of incapacity benefit were a transitional award of long-term incapacity benefit.
Effect of entitlement to guaranteed minimum pensions on payment of the additional rate element in a transitional case of long-term incapacity benefit
22
1
Where a person who is a transitional case is entitled to both —
a
an award of long-term incapacity benefit which includes the additional rate; and
b
to one or more guaranteed minimum pensions, and had been entitled to an invalidity pension under section 41 of the 1992 Act immediately before the appointed day, the weekly rate of the award of long-term incapacity benefit shall be reduced by an amount equal —
i
to the additional rate; or
ii
to the weekly rate of the pension mentioned in paragraph (b) or if there is more than one such pension, their aggregate weekly rates,
whichever is less.
2
Where a person is entitled to an award of long-term incapacity benefit which includes the additional rate and the transitional invalidity allowance, the weekly rate of that award shall be reduced by the relevant amount being deducted from the weekly rate of the transitional invalidity allowance and he shall be entitled to that allowance only if there is a balance after the deduction and, if there is such a balance, at a weekly rate equal to it.
3
Where for any period a person is entitled to —
a
an award of long-term incapacity benefit which does not include the additional rate; and
b
one or more guaranteed minimum pensions,
the weekly rate of the award of long-term incapacity benefit shall be reduced by deducting the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions from the weekly rate of the transitional invalidity allowance and a person shall be entitled to that allowance only if there is a balance after deduction and, if there is a balance, at a weekly rate equal to it.
4
Where for any period a person is entitled to —
a
an award of long-term incapacity benefit which includes the additional rate but does not include the transitional invalidity allowance; and
b
one or more guaranteed minimum pensions; and
c
an increase of unemployability supplement under section 106 and paragraph 3 of Schedule 7 to the 1992 Act,
the relevant amount shall be deducted from the amount of the increase of unemployability supplement specified in Schedule 4, Part V, paragraph 6 to the 1992 Act, and a person shall be entitled to an increase only if there is a balance after that deduction and, if there is a balance, only an amount equal to it.
5
Where for any period a person who is a transitional case is entitled to —
a
an award of long-term incapacity benefit which does not include the additional rate; and
b
one or more guaranteed minimum pensions; and
c
an increase of unemployability supplement under section 106 and paragraph 3 of Schedule 7 to the 1992 Act,
the increase of the unemployability supplement shall be reduced by the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions and a person shall be entitled to an increase only if there is a balance after that deduction and, if there is a balance, only an amount equal to it.
6
In this regulation “the relevant amount” means an amount equal to the weekly rate or aggregate weekly rates of the guaranteed minimum pension or pensions and the additional rate reduced by —
a
the additional rate; or
b
the weekly rate or aggregate weekly rates of the guaranteed minimum pension,
whichever is the less.
Increase of Category A retirement pension for incapacity
23
Where a person has been entitled to invalidity allowance or transitional invalidity allowance at any time during a period of 57 days before attaining pensionable age, sections 47 and 61 of the 1992 Act shall continue to have effect as though section 11 of, and paragraph 13 of Schedule 1 to, the 1994 Act had not come into force and as though any reference to invalidity allowance in section 47 were a reference to transitional invalidity allowance or invalidity allowance.
Increase of rate of long-term incapacity benefit for dependants in transitional cases
24
1
Subject to paragraphs (3), (4) and (5) and regulation 25, in a transitional case where at any time during a period of 56 days immediately before the appointed day —
a
an increase in the rate of invalidity benefit was paid by way of a concessionary payment to compensate for non-payment of an increase for a spouse who was an adult dependant under Part IV of the 1992 Act; or
b
an increase in the rate of invalidity benefit was payable for a spouse who was an adult dependant under Part IV of the 1992 Act,
an amount equal to that increase shall be payable.
2
Where, as a consequence of a review under section 150 of the Administration Act in the tax year 1994–1995, the amounts specified in column (3) of paragraph 2 of Part IV of Schedule 4 to the 1992 Act are increased, the increase payable under paragraph (1) shall likewise be increased by an equal amount; and thereafter an increase payable under paragraph (1) shall be an amount equal to the appropriate amount specified in column (3) of paragraph 2 of Part IV of Schedule 4 to the 1992 Act.
3
Except as provided for in regulation 25, an increase under paragraph (1) shall continue to be payable where —
a
the spouse is residing with the beneficiary; or
b
the beneficiary is contributing to the maintenance of his spouse at the weekly rate equal to or greater than the rate of the increase.
4
Subject to regulations 25 and 26 and paragraph (5), the provisions in Part I (general) and Part III (adults), save for regulation 9(1)(a) and (b) of that Part, of the Increases for Dependants Regulations shall apply to the increase as if it were an increase under section 86A of the 1992 Act .
5
Where an increase under paragraph (1) is paid or payable to a person over pensionable age, the provisions in regulation 13 of the Increases for Dependants Regulations (increase of short-term incapacity benefit for persons over pension age) shall apply to the increase of long-term incapacity benefit as if that increase were an increase of short-term incapacity benefit.
6
Where a person becomes entitled to an increase under paragraph (1), he shall not be entitled to an adult dependency increase to which he would, but for this provision, be entitled under the Increases for Dependants Regulations.
7
A person shall cease to be entitled to an increase under paragraph (1) when either —
a
no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days;
b
no increase of invalidity benefit or long-term incapacity benefit is paid or payable for at least 57 continuous days in a period of incapacity for work.
8
In calculating the period referred to in paragraph (7), the days of entitlement to disability working allowance or the days of attendance on a training course of a type referred to in section 30C(6) of the 1992 Act and regulation 19(2) shall not be taken into account.
Further provisions for dependants in respect of the application of old saving provisions
25
1
In relation to transitional cases where the rate of incapacity benefit falls to be calculated by reference to the rate of dependency allowance paid or payable before the appointed day, the old saving provisions referred to in paragraph (2) shall continue to have effect subject to the following provisions of this regulation.
2
The old saving provisions referred to in paragraph (1) are —
a
regulation 15 of the Social Security Benefit (Dependency) Regulations 1977 ;
b
regulation 2 of the Social Security (Savings for Existing Beneficiaries) Regulations 1984 ;
c
regulation 3 of the Social Security (Dependency) Amendment Regulations 1984 ;
d
regulation 3 of the Social Security (Dependency) Amendment Regulations 1985 ;
e
regulation 4 of the Social Security Benefit (Dependency and Computation of Earnings) Amendment Regulations 1989 ;
f
regulation 4 of the Social Security (Dependency) Amendment Regulations 1992 ; and
g
any administrative provision which before the appointed day enabled a concessionary payment to be made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of any one of the regulations referred to in sub-paragraphs (a) to (f) ceasing to apply to an increase due to attendance on a training course.
3
The old saving provisions referred to in paragraph (2) shall cease to have effect when —
a
no invalidity benefit or long-term incapacity benefit has been paid for at least 57 continuous days; or
b
no increase is paid for a dependant for a continuous period of at least 57 days in a period of incapacity for work; or
c
in a case where regulation 4 of the Social Security (Dependency) Amendment Regulations 1992 applies, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days; or
d
in a case where a concessionary payment was made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of regulation 4 of the Social Security (Dependency) Amendment Regulations 1992 ceasing to apply due to attendance on a training course, when the increase is not adjusted as a result of earnings for a continuous period of at least 57 days.
4
Regulation 4 of the Social Security (Dependency) Amendment Regulations 1992 shall not apply in any week to a case where a dependant has earnings which exceed £81.50 per week.
5
Where an increase is payable as a consequence of a concessionary payment made to compensate for non-payment of an increase under Part IV of the 1992 Act as a consequence of regulation 4 of the Social Security (Dependency) Amendment Regulations 1992 ceasing to apply due to attendance on a training course, no payment shall be made in any week where a dependant has earnings which exceed £81.50 per week.
Transitional provision for the treatment of earnings in respect of increases of long-term incapacity benefit for dependants.
26
Where —
a
on or after the appointed day —
i
no increase or a reduced amount of the rate of increase of long-term incapacity benefit is payable for an adult dependant as a consequence of regulation 5 (attribution of earnings) or regulation 10 (earnings rules for increases for adult dependants) of the Increases for Dependants Regulations; or
ii
no increase of long-term incapacity benefit is payable for a child dependant as a consequence of section 80(3) and (4) of the 1992 Act and regulation 5 (attribution of earnings) of the Increases for Dependants Regulations; and
b
in a case where the increase for an adult dependant is reduced, the amount of reduction would have been less had the 1994 Act and regulations 5 and 10 of the Increases for Dependants Regulations not come into force; and
c
the earnings which caused there to be no payment of an increase or a reduction of an increase in paragraph (a) had already resulted in no payment of or a reduced payment of an increase before the appointed day,
a payment of an increase shall be made as if the provisions in the 1992 Act in force immediately before the appointed day continued to have effect in respect of those earnings and the 1994 Act had not been enacted and regulations 5 and 10 of the Increases for Dependants Regulations had not come into force.
PART V
MISCELLANEOUS TRANSITIONAL PROVISIONS
Transition from a six day benefit to a seven day benefit
27
Where a payment of an award of sickness benefit, invalidity benefit or severe disablement allowance would have been made in respect of a six day period ending on —
i
13 April 1995, had the 1994 Act not come into force, the rate of the transitional award of short-term or long-term incapacity benefit or severe disablement allowance in respect of that day shall be 1/6th of the appropriate weekly rate of that benefit or allowance in force on the appointed day;
ii
14 April 1995, had the 1994 Act not come into force, the rate of the transitional award of short-term or long-term incapacity benefit or severe disablement allowance in respect of 13 April and 14 April 1995 shall, in respect of each such day, be 1/6th of the appropriate weekly rate of that benefit or allowance in force on the appointed day.
Transitional provisions for an increase of severe disablement allowance for adult dependants
28
1
Subject to paragraph (2), where an increase of severe disablement allowance is payable for an adult dependant at any time during a period of 56 days immediately before the appointed day by virtue of section 90 of the 1992 Act, that increase shall continue to be payable and the provisions in regulation 24(2) to (7) shall apply to that increase as if that increase were an increase of long-term incapacity benefit in a transitional case.
2
Where a person becomes entitled to severe disablement allowance by virtue of —
a
section 68(10) of the 1992 Act (treating days of entitlement to disability working allowance as having been days on which a person was both incapable for work and disabled); or
b
section 68(10A) of the 1992 Act (treating days engaged in training as having been days on which a person was both incapable for work and disabled) ,
and an increase had been payable under section 90 of the 1992 Act or paragraph (1) when he was last entitled to that allowance, he shall be entitled to an amount equal to the amount of an increase payable under paragraph (1) if, by reason only of the fact that there is no child for whom he is entitled to an increase under section 80 of the 1992 Act, he would not be entitled to an increase for an adult dependant under the Increases for Dependants Regulations; and the amount payable shall be treated as if it were an increase under paragraph (1).
PART VI
PROVISIONS FOR THE TRANSITION TO THE NEW TESTS OF INCAPACITY FOR WORK
Transitional awards of incapacity benefit
29
A person’s entitlement to a transitional award of incapacity benefit shall, except as provided in regulation 31, be subject to him satisfying the tests of incapacity for work under Part XIIA of the 1992 Act .
Transitional provision in respect of other benefits
30
A person’s continued enjoyment on or after the appointed day of severe disablement allowance or any other advantage under any provision for the purposes of which Part XIIA of the 1992 Act applies shall, except as provided in regulation 31, be subject to satisfying the tests of incapacity for work under that Part of the 1992 Act.
Application of the new tests of incapacity for work
31
1
Where it has been determined that a person is incapable of work for any purpose of the 1992 Act immediately before the appointed day and on or after the appointed day the all work test applies to him, he shall not be required to satisfy or be treated as having satisfied the condition of entitlement that he is incapable of work in accordance with that test until he has been assessed as to incapacity for work in accordance with regulations made under section 171C of the 1992 Act (the all work test) or until it is determined that he falls within one of the cases mentioned in paragraph (5), so long as he satisfies the condition in paragraph (2).
2
The condition referred to in paragraph (1) is that, in respect of each day, a person shall be required to provide evidence of his incapacity for work in accordance with the Socal Security (Medical Evidence) Regulations 1976 (which prescribe the form of doctor’s statement or other evidence in each case) .
3
Subject to paragraph (4), a person who falls within one of the cases mentioned in paragraph (5) shall be treated as having satisfied the incapacity for work test in accordance with regulations made under section 171C of the 1992 Act (the all work test).
4
Where it is determined that a person falls within one of the cases mentioned in paragraph (5)(a) to (c) and paragraphs (d) to (h) do not apply, that person shall continue to provide evidence of his incapacity for work in accordance with the Social Security (Medical Evidence) Regulations 1976; and provided that such evidence is furnished he shall be treated as having satisfied the incapacity for work test in accordance with regulations made under section 171C of the 1992 Act.
5
The cases referred to in paragraph (3) are —
a
a person —
i
entitled to invalidity benefit on 1 December 1993 and on 12 April 1995; and
ii
between a period beginning on 1 December 1993 and ending on 13 April 1995, was not capable of work for that period or for two or more periods not separated by a period of more than 56 continuous days; and
iii
is aged 58 or over on the appointed day;
b
a person —
i
entitled to income support, housing benefit or council tax benefit on 1 December 1993; and
ii
was incapable of work for a period of not less than 28 weeks immediately before 1 December 1993; and
iii
whose applicable amount included the disability premium on account of his own incapacity on 12 April 1995; and
iv
between the period beginning on 1 December 1993 and ending on 13 April 1995, was incapable of work for that period or for two or more periods not separated by a period of more than 56 continuous days; and
v
is aged 58 or over on the appointed day;
c
a person in receipt of a payment of an award of severe disablement allowance under section 68 of the 1992 Act immediately before the appointed day;
d
a person who was in receipt of a payment of an award of the highest rate of the care component of disability living allowance immediately before the appointed day and continues to be in receipt of such payment;
e
a person who is suffering from a progressive disease and his death in consequence of that disease can reasonably be expected within 6 months;
f
a blind person whose name is on a register compiled and maintained by a local authority in accordance with section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council;
g
a person suffering from one of the following conditions —
i
tetraplegia;
ii
persistent vegetative state;
iii
dementia;
iv
paraplegia or uncontrollable involuntary movements or ataxia which effectively renders the sufferer functionally paraplegic;
h
a doctor approved by the Secretary of State has certified that person is suffering from any of the following conditions —
i
a severe learning disability (which, for the purposes of this regulation, means a condition which results from the arrested or incomplete physical development of the brain, or severe damage to the brain, and which involves severe impairment of intelligence and social functioning);
ii
a severe and progressive neurological or muscle wasting disease;
iii
an active and progressive form of inflammatory polyarthritis;
iv
a progressive impairment of cardio-respiratory function which severely and persistently limits effort tolerance;
v
dense paralysis of the upper limb, trunk and lower limb on one side of the body;
vi
multiple effects of impairment of function of the brain or nervous system causing severe and irreversible motor, sensory and intellectual deficits;
vii
a severe and progressive immune deficiency state characterised by the occurrence of opportunistic infections or tumour formation;
viii
a severe mental illness.
Treatment of days of incapacity arising before the appointed day
32
The days of incapacity for work before the appointed day and the days which are treated as days of incapacity for work in accordance with regulation 2 shall be taken into account for the purposes of calculating the days of incapacity referred to in section 171B(3) and (4) of the 1992 Act (period after which the all work test applies).
Signed by authority of the Secretary of State for Social Security.
William Hague
Minister of State,
Department of Social Security
10th February 1995


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Dual-Use and Related Goods (Export Control) (Suspension No. 2) Regulations 1995 and shall come into force forthwith.
2
Regulation 3 of the Dual-Use and Related Goods (Export Control) (Suspension) Regulations 1995 is hereby revoked.
3
The Dual-Use and Related Goods (Export Control) Regulations 1995 shall come into force for all purposes for which they are not yet in force on 1st July 1995.
Ian Taylor
Parliamentary Under-Secretary of State for Trade and Technology,
Department of Trade and Industry
25th April 1995


text:
Citation and commencement
1
These Regulations, which may be cited as the Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1995, shall come into force on 1st January 1996.
Amendment of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973
2
In regulation 3 (fees) of the Medicines (Pharmacies) (Applications for Registration and Fees) Regulations 1973 ,
a
in paragraph (1) (fee for registration of premises), for “£121” there is substituted “£124” and for “£64” (fee where premises are in Northern Ireland) there is substituted “£66”,
b
in paragraph (2) (retention fee), for “£78”there is substituted “£80” and for “£59” (fee where premises are in Northern Ireland) there is substituted “£61”,
c
in paragraph (3) (additional sum by way of penalty), for “£250” there is substituted “£256” and for “£184” (sum where premises are in Northern Ireland) there is substituted “£189”.
Revocation
3
The Medicines (Pharmacies) (Applications for Registration and Fees) Amendment Regulations 1994 are hereby revoked.
Signed by the authority of the Secretary of State for Health,
Gerald Malone
Minister of State
16th November 1995
William Hague
Secretary of State for Wales
21st November 1995
James Douglas-Hamilton
Minister of State, The Scottish Office
22nd November 1995
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland this
F. A. Elliott
Permanent Secretary
20th day of November 1995.


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Equal Treatment) Regulations 1995 and shall come into force on 1st January 1996.
2
In these Regulations, unless the context otherwise requires —
“the Pensions Act ” means the Pensions Act 1995;
“Category A retirement pension” has the same meaning as in Part II of the Contributions and Benefits Act ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“equality clause” shall be construed in accordance with section 1(2) of the Equal Pay Act ;
“the Equal Pay Act” means the Equal Pay Act 1970 ;
“pensionable age” shall be construed in accordance with section 122(1) of the Contributions and Benefits Act ;
“pensionable service” includes any service in respect of which transfer credits have been allowed by the scheme;
“pensioner member” includes a person who is entitled to the present payment of pension or other benefits derived through a member;
“salary-related contracted-out scheme” means an occupational pension scheme which is contracted-out by virtue of satisfying section 9(2) of the Pension Schemes Act 1993 and includes a scheme which was formerly a salary-related contracted-out scheme which is subject to supervision in accordance with section 53 of that Act;
“scheme” means an occupational pension scheme.
Application of the Equal Pay Act to the equal treatment rule
2
In addition to the modifications made to the Equal Pay Act by the Pensions Act, the Equal Pay Act shall have effect for the purposes of sections 62 to 64 of the Pensions Act in relation to an equal treatment rule —
a
subject to the further modifications made in regulations 3 to 7 below,
b
as if references to remuneration were to benefits, and
c
as if expressions used in the Pensions Act and in the Equal Pay Act have the same meaning as in the Pensions Act.
Modification of the Equal Pay Act: no power to make financial awards in relation to the equal treatment rule
3
In the case of a claim made in respect of a failure to comply with an equal treatment rule, other than a claim to which regulation 7 below applies, section 2 of the Equal Pay Act shall have effect as if for subsection (5) there were substituted —
5
A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equal treatment rule (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of benefits, damages or any other financial award.
.
Modification of the Equal Pay Act: employer to appear and be heard in proceedings for breach of an equal treatment rule
4
In the case of a claim made in respect of a failure to comply with an equal treatment rule, section 2 of the Equal Pay Act shall have effect as if after subsection (5) there were inserted —
5A
In any proceedings brought before an industrial tribunal by a woman in respect of a failure to comply with an equal treatment rule, the employer shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
.
Power for a court or industrial tribunal to declare right to admission to scheme and employer’s duty to provide additional resources in relation to access claims
5
Where a claim to which regulation 3 applies relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5A) (as inserted by regulation 4) —
6A
Where a court or industrial tribunal finds that there has been a breach of an equal treatment rule which relates to the terms on which persons become members of the scheme —
a
the court or tribunal may declare that a person has a right to be admitted to the scheme in question with effect from such date (“the deemed entry date”) as it may specify provided that such date may not be earlier than two years before the institution of the proceedings in which the order was made, and
b
when the court or tribunal so declares and the deemed entry date is earlier than the date of the declaration, the employer shall provide any such resources to the scheme as are specified in subsection (7A) below.
7A
The resources referred to in subsection (6A)(b) above are such additional resources, if any, as may be necessary for the scheme to secure to the person, without contribution or further contribution by the person or by other members of the scheme, the same accrued rights in respect of the period to which the declaration by the court or tribunal relates as if that person had been a member of the scheme since —
a
in a case to which subsection (8A) below applies, the deemed entry date;
b
in any other case, whichever is the later of the deemed entry date and 31st May 1995.
8A
This subsection applies to a case where the court or tribunal finds there has been a breach of an equal treatment rule which relates to terms concerning the age or length of service needed for becoming a member of the scheme.
.
Power for a court or industrial tribunal to declare right to equal treatment for members and employer’s duty to provide additional resources
6
Where a claim to which regulation 3 applies relates to the terms on which members of the scheme are treated, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5A) (as inserted by regulation 4) —
6B
Where a court or industrial tribunal finds that there has been a breach of an equal treatment rule which relates to the terms on which members of a scheme are treated —
a
the court or tribunal may declare that a member has a right to equal treatment in respect of such a period as it may specify provided that the period does not begin before 17th May 1990, and
b
if the court or tribunal declares that a member has a right to equal treatment in relation to a period falling before the date of the declaration, the employer shall provide any such resources to the scheme as are specified in subsection (7B) below.
7B
The resources referred to in subsection (6B)(b) above are such additional resources, if any, as may be necessary for the scheme to secure to the member, without contribution or further contribution by the member or by other members of the scheme, the same accrued rights in respect of the period falling before the date of the declaration as if that member had been treated equally in respect of that period.
.
Power for a court or industrial tribunal to make a financial award for equal treatment claims by pensioner members and employer’s duty to provide additional resources
7
In the case of a claim by a pensioner member in respect of a failure to comply with an equal treatment rule which relates to the terms on which the member is treated, section 2 of the Equal Pay Act shall have effect as if in subsection (5) for the words “or damages” there were substituted the words “, damages or any other financial award” and as if the following subsections were added after subsection (5A) (as inserted by regulation 4) —
6C
Where a court or industrial tribunal awards a payment by way of arrears of benefits, damages or other financial award, the employer shall provide any such resources to the scheme as are specified in subsection (7C) below.
7C
The resources referred to in subsection (6C) above are such additional resources, if any, as may be necessary for the scheme to secure the payment of those arrears of benefits, damages or that financial award to the member, without contribution or further contribution by the member or by other members of the scheme.
.
Application of the Equal Pay Act to terms of employment relating to pension rights
8
The Equal Pay Act shall have effect in relation to terms of employment relating to membership of and rights under a scheme —
a
subject to the modifications made in regulations 9 to 12 below,
b
as if references to remuneration were to benefits, and
c
as if expressions used in the Pensions Act and in the Equal Pay Act have the same meaning as in the Pensions Act.
Modification of the Equal Pay Act: no power to award damages in relation to an equality clause in connection with pension rights
9
In the case of a claim made in respect of a breach of an equality clause which relates to membership of or rights under a scheme, other than a claim to which regulation 12 applies, section 2 of the Equal Pay Act shall have effect as if for subsection (5) there were substituted —
5
A woman shall not be entitled, in proceedings brought in respect of a failure to comply with an equality clause (including proceedings before an industrial tribunal), to be awarded any payment by way of arrears of benefits or damages.
.
Power for a court or industrial tribunal to declare right to admission to scheme and employer’s duty to provide additional resources for breach of term in contract of employment in relation to access claims
10
Where a claim to which regulation 9 applies relates to the terms on which persons become members of the scheme, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5) (as modified by regulation 9) —
6D
Where a court or industrial tribunal finds that there has been a breach of an equality clause which relates to the terms on which persons become members of the scheme —
a
the court or tribunal may declare that a person has a right to be admitted to the scheme in question with effect from such date (“the deemed entry date”) as it may specify provided that such date may not be earlier than two years before the institution of the proceedings in which the order was made, and
b
when the court or tribunal so declares and the deemed entry date is earlier than the date of the declaration, the employer shall provide any such resources to the scheme as are specified in subsection (7D) below.
7D
The resources referred to in subsection (6D)(b) above are such additional resources, if any, as may be necessary for the scheme to secure to the person, without contribution or further contribution by the person or by other members of the scheme, the same accrued rights in respect of the period to which the declaration by the court or tribunal relates as if that person had been a member of the scheme since —
a
in a case to which subsection (8D) below applies, the deemed entry date;
b
in any other case, whichever is the later of the deemed entry date and 31st May 1995.
8D
This subsection applies to a case where the court or tribunal finds there has been a breach of an equality clause which relates to terms concerning the age or length of service needed for becoming a member of the scheme.
.
Power for a court or industrial tribunal to declare right to equal treatment for members and employer’s duty to provide additional resources for breach of term in contract of employment
11
Where a claim to which regulation 9 applies relates to the terms on which members of a scheme are treated, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5) (as modified by regulation 9) —
6E
Where a court or industrial tribunal finds that there has been a breach of an equality clause which relates to the terms on which members of a scheme are treated —
a
the court or tribunal may declare that a member has a right to equal treatment in respect of such a period as it may specify provided that the period does not begin before 17th May 1990, and
b
if the court or tribunal declares that a member has a right to equal treatment in relation to a period falling before the date of the declaration, the employer shall provide any such resources to the scheme as are specified in subsection (7E) below.
7E
The resources referred to in subsection (6E)(b) above are such additional resources, if any, as may be necessary for the scheme to secure to the member, without contribution or further contribution by the member or by other members of the scheme, the same accrued rights in respect of the period falling before the date of the declaration as if that member had been treated equally in respect of that period.
.
Power for a court or industrial tribunal to award payment of arrears or damages in breach of contract of employment claims by pensioner members and employer’s duty to provide additional resources
12
In the case of a claim by a pensioner member, in respect of a failure to comply with an equality clause which relates to the terms on which the member is treated, section 2 of the Equal Pay Act shall have effect as if the following subsections were added after subsection (5) —
6F
Where the court or tribunal awards a payment by way of arrears of benefits or damages, the employer shall provide any such resources to the scheme as are specified in subsection (7F) below.
7F
The resources referred to in subsection (6F) above are such additional resources, if any, as may be necessary for the scheme to secure the payment of those arrears of benefits or damages to the member, without contribution or further contribution by the member or by other members of the scheme.
.
Exceptions to the equal treatment rule: bridging pensions
13
The following circumstances are prescribed for the purposes of section 64(2) of the Pensions Act —
a
the man is in receipt of a pension from the scheme and has not attained pensionable age but would have attained pensionable age if he were a woman; and
b
an additional amount of pension is paid to the man which does not exceed the amount of Category A retirement pension that would be payable to a woman with earnings the same as the man’s earnings in respect of his period of pensionable service under the scheme (assuming that the requirements for entitlement to Category A retirement pension were satisfied and a claim made).
Exceptions to the equal treatment rule: effect of indexation
14
1
The following circumstances are prescribed for the purposes of section 64(2) of the Pensions Act —
a
the scheme is a salary-related contracted-out scheme under which the annual rate of a pension payable to or in respect of a member is increased by more than it would have been increased had the recipient been of the other sex; and
b
the amount by which the pension increase exceeds any increase that would have applied had the member been of the other sex, does not exceed the relevant amount.
2
In this regulation, the relevant amount means the amount by which
X exceeds Y
where —
X is the amount by which the additional pension of a Category A retirement pension attributable to the member’s earnings factors during his period of pensionable service under the scheme would have been increased following an order made under section 150(9) of the Social Security Administration Act 1992 if the member had been of the other sex; and
Y is the amount (if any) by which the member’s entitlement to the additional pension of a Category A retirement pension attributable to his earnings factors during his period of pensionable service under the scheme is increased following an order made under section 150(9) of the Social Security Administration Act 1992.
Exceptions to the equal treatment rule: use of actuarial factors which differ for men and women
15
1
The factors prescribed for the purposes of section 64(3)(a) of the Pensions Act (equal treatment rule: exception relating to the application of actuarial factors which differ for men and women to employers' contributions) are actuarial factors which differ for men and women in respect of the differences in the average life expectancy of men and women and which are determined with a view to providing equal periodical pension benefits for men and women.
2
The following benefits are prescribed for the purposes of section 64(3)(b) of the Pensions Act (equal treatment rule: exception relating to the application of actuarial factors which differ for men and women to the determination of prescribed benefits) —
a
a lump sum payment which consists of a commuted periodical pension or part of such a pension;
b
a periodical pension granted in exchange for a lump sum payment;
c
money purchase benefits within the meaning of section 181(1) of the Pension Schemes Act 1993;
d
transfer credits and any rights allowed to a member by reference to a transfer from a personal pension scheme;
e
a transfer payment including a cash equivalent within the meaning of section 94 of the Pension Schemes Act 1993;
f
a periodical pension payable in respect of a member who opts to take such benefits before normal pension age or in respect of a member who defers taking such benefits until after normal pension age;
g
benefits payable to another person in exchange for part of a member’s benefits and the part of the member’s benefits given up for that purpose;
h
benefits provided in respect of a member’s voluntary contributions within the meaning of section 111 of the Pension Schemes Act 1993.
Signed by authority of the Secretary of State for Social Security.
A. J. B. Mitchell
Parliamentary Under-Secretary of State,
Department of Social Security
7th December 1995


text:
Citation and commencement
1
These Regulations may be cited as the Trade Marks (EC Measures Relating to Counterfeit Goods) Regulations 1995 and shall come into force on 1st July 1995.
Amendment of the Trade Marks Act 1994
2
For subsection (3) of section 89 of the Trade Marks Act 1994 there shall be substituted the following:
3
This section does not apply to goods entered, or expected to be entered, for free circulation, export, re-export or for a suspensive procedure in respect of which an application may be made under Article 3(1) of Council Regulation (EC) No. 3295/94 laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.
.
Ian Taylor
Parliamentary Under Secretary of State for Trade and Technology,
Department of Trade and Industry
7th June 1995


text:
Citation and commencement
1
1
This Order may be cited as the Central Scotland Combined Police Area Amalgamation Scheme Order 1995.
2
This Order shall come into force on 31st October 1995.
The Central Scotland Combined Police Area Amalgamation Scheme 1995
2
The Central Scotland Combined Police Area Amalgamation Scheme 1995, which is set out in the Schedule to this Order, is hereby made.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
5th October 1995


text:
Citation and commencement and application
1
1
These Regulations may be cited as the Education (Grants for Education Support and Training) (England) Regulations 1995 and shall come into force on 1st April 1995.
1
These Regulations apply in relation to local education authorities in England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Education (Grants and Awards) Act 1984;
“approved expenditure” means any expenditure which is approved as provided in regulation 3;
“basic curriculum” has the meaning assigned to it by section 2(1) of the Education Reform Act 1988 ;
“determine” means determine by notice in writing;
“education authority” means a local education authority;
“grant” means a grant in pursuance of these Regulations;
“head teacher mentor programme” means a programme of regional projects for the training of inexperienced head teachers whereby experienced head teachers give advice and assistance to support the professional development of inexperienced head teachers;
“language college” means a maintained school specialising in modern foreign languages;
“leisure time facilities” means facilities of a kind which education authorities are under the duty imposed by sections 41(3)(b) and 53(1) of the Education Act 1944 to secure are provided within their areas;
“maintained school” means a school maintained by an education authority;
“mentor” means an experienced head teacher giving advice and assistance under a head teacher mentor programme;
“NC tasks” has the meaning assigned to it in the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 2) (England) Order 1994 and the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 3) (England) Order 1994 ;
“prescribed expenditure” means expenditure by an education authority for or in connection with any of the purposes specified in the Schedule hereto;
“primary school” has the meaning assigned to it by section 114(1) of the Education Act 1944 ;
“pupil” has the meaning assigned to it by section 14(6) of the Further and Higher Education Act 1992;
“pupil referral unit” has the meaning assigned to it by section 298(2) of the Education Act 1993;
“qualified teacher” means a person who, by virtue of the regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 , is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“school” has the meaning assigned to it by section 14(5) of the Further and Higher Education Act 1992 ;
“special school” has the meaning assigned to it by section 182(1) of the Education Act 1993;
“special educational needs” has the meaning assigned to it by section 156(1) of the Education Act 1993;
“standard task assessment” has the meaning assigned to it by regulation 5 of the Education (National Curriculum) (Assessment Arrangements for the Core Subjects) (Key Stage 1) Order 1993 and “further assessment” has the meaning assigned to it by regulation 6A of that Order;
“technology college” means a maintained school specialising in mathematics, science and technology; and
“youth and community worker” means a person employed in connection with leisure-time facilities, other than a person employed in a solely administrative, secretarial, clerical or manual capacity.
1
In these Regulations a reference to a regulation is a reference to a regulation contained therein, a reference in a regulation to a paragraph is a reference to a paragraph of that regulation, and a reference to the Schedule is to the Schedule to these Regulations.
Expenditure in respect of which grants are payable
3
Grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that year by the Secretary of State for the purposes of these Regulations.
Grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes, and
b
that expenditure of the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure of the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of Grant
5
1
Subject to paragraph (2), grants in respect of approved expenditure incurred on or after 1st April 1995 shall be payable at the rate of 60 per cent. of such expenditure.
1
Grants in respect of approved expenditure incurred by an education authority on or after 1st April 1995 in respect of items 8 and 20 in the Schedule hereto shall be payable at the rate of 100 per cent. of such expenditure.
Conditions for payment of grant
6
1
No payment of grant shall be made except in response to an application in writing from an education authority to the Secretary of State, authenticated by the officer of the authority responsible for the administration of their financial affairs or his deputy.
2
Applications for the payment of grant which relate to expenditure incurred on or after 1st April 1995 shall relate to expenditure over one or more of the periods specified in paragraph (3) and shall specify the approved expenditure in respect of which grant is applied for which has been or which it is estimated will be incurred by the education authority during each such period.
3
The periods referred to in paragraphs (2), (4), (5) and (6) are —
a
1st April to 31st July;
b
1st August to 31st December;
c
1st January to 31st March.
4
Where an application relating to approved expenditure which has been or which it is estimated will be incurred during the period commencing on 1st January in any year is submitted on or before 5th March in that year, such payment as the Secretary of State may determine but not exceeding three-quarters of the grant applied for in respect of that expenditure may be made forthwith, but no further payment of grant shall be made in respect of that expenditure until a statement has been submitted in accordance with paragraph (5)(a).
5
Each education authority that has received or seeks to receive a payment of grant in respect of expenditure incurred during the year ending on 31st March shall, during the period commencing on 1st April or as soon as practicable thereafter —
a
submit to the Secretary of State a statement which shall specify the approved expenditure in respect of which grant has been or is being applied for which has been incurred by the education authority during that year; and
b
secure the submission to the Secretary of State of a certificate signed by the auditor appointed by the Audit Commission for Local Authorities and the National Health Service in England and Wales to audit the accounts of the authority or any auditor qualified for such appointment by virtue of section 13(5), (5A) and (6) of the Local Government Finance Act 1982 certifying that in his opinion the particulars stated in the statement submitted by the authority pursuant to this paragraph are fairly stated and that the expenditure incurred was approved for the purposes of section 1 of the Act.
6
No payment of grant shall be made in respect of expenditure incurred by an education authority in the period beginning on 1st August in any year or any subsequent period if grant was paid to the authority in respect of expenditure in the year ending on the preceding 31st March but the Secretary of State has not yet received the auditor’s certificate referred to in paragraph (5)(b) for that year.
7
Any under-payment or over-payment of grant which remains outstanding following receipt of the auditor’s certificate referred to in paragraph (5)(b) shall, without prejudice to the recovery of any over-payment from any subsequent payment of grant to the education authority, be adjusted by payment between the authority and the Secretary of State.
7
Where at the time of approving expenditure for the purpose of these Regulations, the Secretary of State requests information in respect of any purpose listed in the Schedule hereto, payment of grant in respect of any purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment in pursuance of the Regulations shall be dependent.
2
Where conditions have been determined in pursuance of this regulation no grant shall be payable unless such conditions have either been fulfilled or been withdrawn in pursuance of paragraph (3).
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined in pursuance of this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of grant has been made shall, if so required by the Secretary of State, furnish her with such further information as may be required to enable her to verify that any grant paid has been properly paid under these Regulations.
10
Any education authority to whom a payment of grant has been made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved with the aid of grant or interest on sums due to her) as may be determined by the Secretary of State in the case of question.
11
1
The Secretary of State may require any education authority to whom a payment of grant in respect of item 1, 2(a), 6, 10, 12, 17, 19(a) and 20 in the Schedule is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the prescribed expenditure approved in accordance with regulation 3,
to the governing body of a maintained school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Revocation and transitional provisions
12
The Education (Grants for Education Support and Training) Regulations 1994 and the Education (Grants for Education Support and Training) (Amendment) Regulations 1994 are hereby revoked as respects education authorities in England, but nothing in this regulation shall prevent the Secretary of State making payments of grant authorised by those Regulations in respect of expenditure incurred on or before 31st March 1995 or affect any condition or requirement determined by or in accordance with any of the Regulations so revoked.


text:
Citation and commencement
1
These Regulations may be cited as the Income-related Benefits Schemes Amendment (No. 2) Regulations 1995 and shall come into force on 28th October 1995.
Amendment of the Council Tax Benefit (General) Regulations 1992
2
For paragraph 14 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
14
Subject to paragraph 34, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 7 or 8);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865 , or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
.
Amendment of the Disability Working Allowance (General) Regulations 1991
3
For paragraph 14 of Schedule 3 to the Disability Working Allowance (General) Regulations 1991 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
14
Subject to paragraph 29, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
.
Amendment of the Family Credit (General) Regulations 1987
4
For paragraph 14 of Schedule 2 to the Family Credit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
14
Subject to paragraph 29, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 6 or 7);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
.
Amendment of the Housing Benefit (General) Regulations 1987
5
For paragraph 14 of Schedule 4 to the Housing Benefit (General) Regulations 1987 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
14
Subject to paragraph 33, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 7 or 8);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
.
Amendment of the Income Support (General) Regulations 1987
6
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4) of regulation 42 (notional income) for the words “or war widow’s pension,” there shall be substituted the words “, war widow’s pension or a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown,”.
3
For paragraph 16 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be substituted the following paragraph —
16
Subject to paragraphs 36 and 37, £10 of any of the following, namely —
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 8 or 9);
b
a war widow’s pension;
c
a pension payable to a person as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;
d
a payment made to compensate for the non-payment of such a pension as is mentioned in any of the preceding sub-paragraphs;
e
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions mentioned in sub-paragraphs (a) to (c) above;
f
a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.
.
Power to modify housing benefit schemes
7
An authority may modify the housing benefit scheme administered by the authority so as to provide for disregarding, in determining a woman’s income (whether she is the occupier of a dwelling or any other person whose income falls to be aggregated with that of the occupier of a dwelling), the whole or any part of a pension payable to her as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown, to the extent that such a pension does not fall to be disregarded by virtue of paragraph 14 of Schedule 4 to the Housing Benefit (General) Regulations 1987 .
Power to modify council tax benefit schemes
8
A billing or levying authority may modify the council tax benefit scheme administered by the authority so as to provide for disregarding, in determining a woman’s income, the whole or any part of a pension payable to her as a widow under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983 insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865, or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977 and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown, to the extent that such a pension does not fall to be disregarded by virtue of paragraph 14 of Schedule 4 to the Council Tax Benefit (General) Regulations 1992 .
Signed by authority of the Secretary of State for Social Security.
Roger Evans
Parliamentary Under-Secretary of State,
Department of Social Security
26th October 1995


text:
Citation and interpretation
1
1
This Order may be cited as the Coal Industry (Abolition of Domestic Coal Consumers' Council) Order 1995.
2
In this Order “ the Act ” means the Coal Industry Act 1994.
Appointed day for abolition of Domestic Coal Consumers' Council
2
The day appointed under section 24(1) of the Act as the day on which the Domestic Coal Consumers' Council shall cease to exist shall be 1st March 1995.
Charles Wardle
Parliamentary Under Secretary for Industry and Energy,
Department of Trade and Industry
4th February 1995


text:
1
This Order may be cited as the Civil Aviation (Isle of Man) (Revocation) Order 1995 and shall come into force on 22nd June 1995.
2
The Orders specified in the Schedule to this Order are hereby revoked.
N. H. Nicholls
Clerk of the Privy Council


text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Partial Revocation) Order 1995 and shall come into force on 18th January 1995.
Partial Revocation
2
1
The Food Protection (Emergency Prohibitions) (Radioactivity in Sheep) (England) (Order) 1991 is hereby revoked so far as it designates any part of the areas set out in Part I of the Schedule to this Order.
2
In consequence of that revocation the designated areas for the purposes of that Order are those areas set out in Part II of the Schedule to this Order.
Angela Browning
Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food
17th January 1995


text:
1
1
These Regulations may be cited as the Teachers' Superannuation (Amendment) Regulations 1995 and shall come into force on 1st September 1995 but shall have effect as from 1st May 1995.
2
In these Regulations “the Principal Regulations ” means the Teachers' Superannuation (Consolidation) Regulations 1988 .
2
The Principal Regulations shall be amended in accordance with the provisions of regulations 3 to 8 below.
3
For regulation B1 there shall be substituted the following regulation —
Employment — general
B1
1
Subject to paragraphs (2) to (5) and regulations B5 to B7, a person is in pensionable employment while he is in employment in a capacity described in Schedule 2 and satisfies every condition, and is not within any exception, specified in Schedule 2 in relation to employment in that capacity.
2
Employment in a capacity in Part II of Schedule 2 is not pensionable unless the person has elected that it is to be so.
3
Except in the case of employment in a capacity described in paragraph 14, 16, 21, 22 or 24 of Schedule 2, an election for the purposes of paragraph (2) may not be made without the consent of the employer.
4
A person who is in part-time employment is not in pensionable employment unless he has at some time made an election for the purposes of this paragraph.
5
A person who is in part-time employment is not in pensionable employment while —
a
he is a member of the occupational pensions scheme constituted by the Local Government Pension Scheme Regulations 1995 , or
b
he is entitled to be paid a teacher’s pension.
6
An election for the purposes of this regulation —
a
may be made at any time by giving written notice to the Secretary of State; and
b
has effect from the first day of the month following that in which the Secretary of State notifies the person making it of its acceptance, unless the Secretary of State specifies an earlier date.
.
4
Regulation B2 shall be omitted.
5
For regulation B4(1) there shall be substituted the following paragraph —
1
Subject to regulation B1(4) and (5) and regulations B5 to B7, a person is in pensionable employment while he is in employment as a teacher in an accepted school.
.
6
In regulation E14(1) for sub-paragraph (b) there shall be substituted the following sub-paragraph —
b
in part-time employment in a capacity described in paragraphs 1 to 7 of Schedule 2.
.
7
In regulation H3 —
a
after sub-paragraph (1)(b) there shall be inserted the following sub-paragraph —
bb
where during the financial year the person has spent one or more periods in part-time pensionable employment, the amount which his contributable salary would have been if the employment had been full-time throughout the year,
; and
b
after paragraph (1) there shall be inserted the following paragraph —
1A
For the purposes of paragraph (1)(bb), where a person’s contract entitles him to remuneration at a rate which is not expressed as a proportion of the annual, termly or monthly rate for a comparable full-time employment, the amount which his contributable salary would have been if the employment had been full-time employment shall be calculated on the same basis as is used for the calculation of the person’s salary in the part-time employment in question.
.
8
In Schedule 1 —
a
for the entry relating to the expression “Part-time” there shall be substituted the following —
“Part-time” Employment is “part-time” if the contract requires the employee to work for less than the whole of the working week;
b
at the end of the item relating to the expression “Pensionable employment” there shall be inserted the following words —
but in relation to any time before 1st May 1995 the reference to Part B is areference to that Part before it was amended by the Teachers' Superannuation (Amendment) Regulations 1995
; and
c
for the entry relating to the expression “Relief teacher” there shall be substituted the following —
“Relief teacher” A person in pensionable employment who is employed in place of a person regularly employed and whose contract is a short-term one.
9
Any election made before 1st May 1995 for the purposes of regulation B2 of the Principal Regulations (part-time employment) shall have effect on and after 1st May 1995 as if it were an election for the purposes of regulation B1(4) of the Principal Regulations (as substituted by regulation 3 above).
10
Regulation 2(3) of the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 shall be amended by inserting in the definition of “pensionable employment” after the words “Part B of the 1988 Regulations” the words “as amended by the Teachers' Superannuation (Amendment) Regulations 1995”.
Gillian Shephard
Secretary of State for Education
19th July 1995
We consent
D. L. Willetts
Simon Burns
Two of the Lords Commissioners of Her Majesty’s Treasury.
28th July 1995