Legalize / United Kingdom / Public General Act

Social Security Administration Act 1992

Type Public General Act

Publication 1992-02-13

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Claims for and Payments and General Administration of Benefit

Necessity of Claim

Entitlement to benefit dependent on claim

1

(1) Except in such cases as may be prescribed, and subject to the following provisions of this section and to section 3 below, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—

(a) he makes a claim for it in the manner, and within the time, prescribed in relation to that benefit by regulations under this Part of this Act; or

(b) he is treated by virtue of such regulations as making a claim for it.

(1A) No person whose entitlement to any benefit depends on his making a claim shall be entitled to the benefit unless subsection (1B) below is satisfied in relation both to the person making the claim and to any other person in respect of whom he is claiming benefit.

(1B) This subsection is satisfied in relation to a person if—

(a) the claim is accompanied by—

(i) a statement of the person's national insurance number and information or evidence establishing that that number has been allocated to the person; or

(ii) information or evidence enabling the national insurance number that has been allocated to the person to be ascertained; or

(b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.

(1C) Regulations may make provision disapplying subsection (1A) above in the case of—

(a) prescribed benefits;

(b) prescribed descriptions of persons making claims; or

(2) Where under subsection (1) a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it, the person is not entitled to it in respect of any period more than 12 months before the date on which the claim is made or treated as made.

(2A) But subsection (2) does not apply—

(a) to disablement benefit or reduced earnings allowance, or

(b) in a case where a claim for the benefit is made or treated as made by virtue of section 3(2).

(3) Where a person purports to make a claim on behalf of another—

(za) for personal independence payment by virtue of section 82 of the Welfare Reform Act 2012; or

(a) for an attendance allowance by virtue of section 66(1) of the Contributions and Benefits Act; ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

that other shall be regarded for the purposes of this section as making the claim, notwithstanding that it is made without his knowledge or authority.

(4) In this section and section 2 below “benefit” means—

(za) universal credit;

(zb) state pension or a lump sum under Part 1 of the Pensions Act 2014;

(zc) bereavement support payment under section 30 of the Pensions Act 2014;

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(aa) a jobseeker's allowance;

(ab) state pension credit;

(ac) an employment and support allowance; and

(ad) personal independence payment.

(b) any income-related benefit.

(5) This section (which corresponds to section 165A of the 1975 Act, as it had effect immediately before this Act came into force) applies to claims made on or after 1st October 1990 or treated by virtue of regulations under that section or this section as having been made on or after that date.

(6) Schedule 1 to this Act shall have effect in relation to other claims.

Retrospective effect of provisions making entitlement to benefit dependent on claim

2

(1) This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 165A of the 1975 Act (general provision as to necessity of claim for entitlement to benefit), as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date.

(2) Where this section applies, any question arising as to—

(a) whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends; or

(b) in a case where the claimant's entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled, shall be determined as if the relevant claim enactment and any regulations made under or referred to in that enactment had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on).

(3) In this section “the relevant claim enactment” means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.

(4) In any case where—

(a) a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date; but

(b) that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date; and

(c) entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit,

then, in determining whether the conditions of entitlement to the benefit so claimed, are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above.

(5) In subsection (4) above “the current requirements” means—

(a) the relevant claim enactment, and any regulations made or treated as made under that enactment, or referred to in it, as in force at the time of the claim referred to in subsection (1) above, with any necessary modifications; and

(b) subsection (1) (with the omission of the words following “at any time”) and subsections (2) and (3) above.

Widowhood benefits

Late claims for widowhood benefit where death is difficult to establish

3

(1) This section applies where a person's spouse or civil partner has died or may be presumed to have died on or after the appointed day and the circumstances are such that—

(a) more than 12 months have elapsed since the date of death; and

(b) either

(i) the spouse's or civil partner's body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse or civil partner does not know that fact; or

(ii) less than 12 months have elapsed since the surviving spouse or civil partner first knew of the discovery and identification of the body.

(2) Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then—

(a) in any case falling within paragraph (b) (i) of subsection (1) above where it has been decided under section 8 of the Social Security Act 1998 that the spouse or civil partner has died or is presumed to have died; or

(b) in any case falling within paragraph (b) (ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse or civil partner first knew of the discovery and identification of the body,

such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse or civil partner first knew of the discovery and identification.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (1) above “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.

(5) In subsection (2) “bereavement benefit” means—

(a) bereavement support payment, or

(b) widowed parent's allowance.

Treatment of payments of benefit to certain widows

4

In any case where—

(a) a claim for a window's pension or a widowed mother's allowance is made, or treated as made, before 13th July 1990 (the date of the passing of the Social Security Act 1990); and

(b) the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after the passing of that Act she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,

the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.

Claims and payments regulations

Regulations about claims for and payments of benefit

5

(1) Regulations may provide—

(a) for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;

(b) for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c) for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d) for permitting an award on such a claim to be made for such a period subject to —

(i) the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

(ii) other prescribed conditions;

(e) for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of the conditions referred to in paragraph (d) are found not to have been satisfied;

(f) for the disallowance on any ground of a person's claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g) for enabling one person to act for another in relation to a claim for a benefit to which this section applies (including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly) and for enabling such a claim to be made and proceeded with in the name of a person who has died;

(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(hh) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;

(j) for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit or of any other change of circumstance of a prescribed description;

(k) for the day on which entitlement to such a benefit is to begin or end;

(l) for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;

(m) for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;

(q) for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;

(r) for the making of a payment on account of such a benefit—

(i) where no claim has been made and it is impracticable for one to be made immediately;

(ii) where a claim has been made and it is impracticable for the claim or an appeal, reference, review or application relating to it to be immediately determined;

(iii) where an award has been made but it is impracticable to pay the whole immediately

for the making of a payment on account of such a benefit—

(i) in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

(ii) in cases of need, or

(iii) in cases where the Secretary of State considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;

(1A) Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

(a) a claim or award relating to a benefit to which this section applies, or

(b) potential claims or awards relating to such a benefit.

(2) This section applies to the following benefits—

(za) universal credit;

(zb) state pension or a lump sum under Part 1 of the Pensions Act 2014;

(zc) bereavement support payment under section 30 of the Pensions Act 2014;

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

(aa) a jobseeker's allowance;

(ab) state pension credit

(ac) an employment and support allowance;

(ad) personal independence payment;

(b) income support;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) housing benefit;

(f) any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;

(fa) health in pregnancy grant;

(g) child benefit; and

(h) Christmas bonus.

(2A) The regulations may also require such persons as are prescribed to provide a rent officer with information or evidence of such description as is prescribed.

(2B) For the purposes of subsection (2A), the Secretary of State may prescribe any description of information or evidence which he thinks is necessary or expedient to enable rent officers to carry out their functions under section 122 of the Housing Act 1996.

(2C) Information or evidence required to be provided by virtue of subsection (2A) may relate to an individual claim or award or to any description of claims or awards.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) The power in subsection (1)(i) above to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Secretary of State to determine to which of them all or any part of a payment should be made, and in particular for the Secretary of State—

(a) to determine that payment should be made to whichever of those persons they themselves nominate, or

(b) to determine that payment should be made to one of them irrespective of any nomination by them.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subsection (1)(g), (i), (1)(p) and (q) above shall have effect as if statutory sick pay , statutory maternity pay , statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay were benefits to which this section applies.

(6) As it has effect in relation to universal credit or housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.

Community charge benefits etc.

Regulations about community charge benefits administration

6

(1) Regulations may provide as follows as regards council tax benefit—

(a) for requiring a claim for a benefit to be made by such person, in such manner and within such time as may be prescribed;

(b) for treating a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;

(c) for permitting a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;

(d) for permitting an award on a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable, or any right to a reduction ... becomes available, under the award;

(e) for a review of any award if those requirements are found not to have been satisfied;

(f) for the disallowance on any ground of a person's claim for a benefit to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;

(g) for enabling one person to act for another in relation to a claim for a benefit and for enabling such a claim to be made and proceeded with in the name of a person who has died;

(h) for requiring any information or evidence needed for the determination of a claim or of any question arising in connection with a claim to be furnished by such person as may be prescribed in accordance with the regulations;

(hh) for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of a benefit—

(i) should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or

(ii) should be superseded under paragraph 4 of that Schedule;

(i) for the time when and manner in which any benefit (or part) which takes the form of a payment is to be paid, and for the information and evidence to be furnished in connection with the payment;

(j) for the time when the right to make a reduction ... may be exercised;

(k) for notice to be given of any change of circumstances affecting the continuance of entitlement to a benefit;

(l) for the day on which entitlement to a benefit is to begin or end;

(m) for calculating the amount of a benefit according to a prescribed scale or otherwise adjusting it so as to avoid fractional amounts or facilitate computation;

(n) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(o) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(p) in the case of any benefit (or part) which takes the form of a payment, for payment or distribution to or among persons claiming to be entitled on the death of any person, and for dispensing with strict proof of their title;

(q) in the case of any benefit (or part) which takes the form of a payment, for the circumstances and manner in which payment may be made to one person on behalf of another for any purpose, which may be to discharge, in whole or in part, an obligation of the person entitled to the benefit or any other person;

(r) for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where no claim has been made and it is impracticable for one to be made immediately;

(s) for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where a claim has been made but it is impracticable for the claim or an appeal, reference, review or application relating to it to be determined immediately;

(t) for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where an award has been made but it is impracticable to institute the benefit immediately;

(u) generally as to administration.

(2) Regulations under this section may include provision in relation to council tax benefit that prescribed provisions shall apply instead of prescribed provisions of Part I or II of the Local Government Finance Act 1992, or that prescribed provisions of either of those Parts shall not apply or shall apply subject to prescribed amendments or adaptations.

(3) References in subsection (2) above to either of the Parts there mentioned include references to regulations made under the Part concerned.

Relationship between community charge benefits and other benefits

7

(1) Regulations may provide for a claim for one relevant benefit to be treated, either in the alternative or in addition, as a claim for any other relevant benefit that may be prescribed.

(2) Regulations may provide for treating a payment made or right conferred by virtue of regulations—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) under section 6(l)(r) to (t) above,

as made or conferred on account of any relevant benefit that is subsequently awarded or paid.

(3) For the purposes of subsection (1) above relevant benefits are—

(a) any benefit to which section 5 above applies; and

(b) council tax benefit.

Industrial injuries benefit

Notification of accidents, etc

8

Regulations may provide—

(a) for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner's employer or other prescribed persons;

(b) for requiring employers—

(i) to make reports, to such person and on such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;

(ii) to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards;

(iii) to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.

Medical examination and treatment of claimants

9

(1) Regulations may provide for requiring claimants for disablement benefit—

(a) to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;

(b) to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.

(2) Regulations under subsection (1) above requiring persons to submit themselves to a medical examination or treatment may—

(a) require those persons to attend at such places and at such times as may be required; and

(b) with the consent of the Treasury provide for the payment by the Secretary of State to those persons of travelling and other allowances (including compensation for loss of remunerative time).

Obligations of claimants

10

(1) Subject to subsection (3) below, regulations may provide for disqualifying a claimant for the receipt of industrial injuries benefit—

(a) for failure without good cause to comply with any requirement of regulations to which this subsection applies (including in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);

(b) for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under regulations to which this subsection applies to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,

or for suspending proceedings on the claim or payment of benefit as the case may be, in the case of any such failure, obstruction or misconduct.

(2) The regulations to which subsection (1) above applies are—

(a) any regulations made by virtue of section 5(1)(h), (i) or (1) above, so far as relating to industrial injuries benefit; and

(b) regulations made by virtue of section 8 or 9 above.

(3) Regulations under subsection (1) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say—

(a) for failure to comply with the requirements of regulations under section 9(1) or (2) above;

(b) for obstruction of, or misconduct in connection with, medical examination or treatment,

shall not be made so as to disentitle a claimant to a benefit for a period exceeding 6 weeks on any disqualification.

Disability working allowance

Initial claims and repeat claims

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Necessity of application for certain payments

12

(1) A social fund payment such as is mentioned in section 138(1)(b) of the Contributions and Benefits Act may be awarded to a person only if an application for such a payment has been made by him or on his behalf in such form and manner as may be prescribed.

(2) The Secretary of State may by regulations—

(a) make provision with respect to the time at which an application for such a social fund payment is to be treated as made;

(b) prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;

Child benefit

Necessity of application for child benefit

13

(1) Subject to the provisions of this Act, no person shall be entitled to child benefit unless he claims it in the manner, and within the time, prescribed in relation to child benefit by regulations under section 5 above.

(1A) No person shall be entitled to child benefit unless subsection (1B) below is satisfied in relation to him.

(1B) This subsection is satisfied in relation to a person if—

(a) his claim for child benefit is accompanied by—

(i) a statement of his national insurance number and information or evidence establishing that that number has been allocated to him; or

(ii) information or evidence enabling the national insurance number that has been allocated to him to be ascertained; or

(b) he makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.

(1C) Regulations may make provision disapplying subsection (1A) above in the case of—

(a) prescribed descriptions of persons making claims; or

(b) prescribed descriptions of children or qualifying young persons in respect of whom child benefit is claimed,

or in other prescribed circumstances.

(2) Except where regulations otherwise provide, no person shall be entitled to child benefit for any week on a claim made by him after that week if child benefit in respect of the same child or qualifying young person has already been paid for that week to another person, whether or not that other person was entitled to it.

Statutory Sick pay

Duties of employees etc. in relation to statutory sick pay

14

(1) Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.

(2) The Secretary of State may by regulations made with the concurrence of the Inland Revenue direct—

(a) that medical information required under subsection (1) above shall, in such cases as may be prescribed, be provided in a prescribed form;

(b) that an employee shall not be required under subsection (1) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.

(3) Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following—

(a) the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;

(b) the reasons why the employer does not so regard the other days in that period;

(c) the employer's opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days,

the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

Statutory maternity pay

Duties of women etc. in relation to statutory maternity pay

15

(1) A woman shall provide the person who is liable to pay her statutory maternity pay—

(a) with evidence as to her pregnancy and the expected date of confinement in such form and at such time as may be prescribed; and

(b) where she commences work after her confinement but within the maternity pay period, with such additional information as may be prescribed.

(1A) Any regulations for the purposes of subsection (1) above must be made with the concurrence of the Inland Revenue.

(2) Where a woman asks an employer or former employer of hers to provide her with a written statement, in respect of a period before the request is made, of one or more of the following—

(a) the weeks within that period which he regards as weeks in respect of which he is liable to pay statutory maternity pay to the women;

(b) the reasons why he does not so regard the other weeks in that period; and

(c) his opinion as to the amount of statutory maternity pay to which the woman is entitled in respect of each of the weeks in respect of which he regards himself as liable to make a payment,

the employer or former employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.

Emergency payments

Emergency payments by local authorities and other bodies

16

(1) The Secretary of State may make arrangements—

(a) with a local authority to which this section applies; or

(b) with any other body,

for the making on his behalf by members of the staff of any such authority or body of payments on account of benefits to which section 5 above applies in circumstances corresponding to those in which the Secretary of State himself has the power to make such payments under subsection (1)(r) of that section; and a local authority to which this section applies shall have power to enter into any such arrangements.

(2) A payment under any such arrangements shall be treated for the purposes of any Act of Parliament or instrument made under an Act of Parliament as if it had been made by the Secretary of State.

(3) The Secretary of State shall repay a local authority or other body such amount as he determines to be the reasonable administrative expenses incurred by the authority or body in making payments in accordance with arrangements under this section.

(4) The local authorities to which this section applies are—

(a) a local authority as defined by section 270(1) of the Local Government Act 1972, other than a parish or community council;

(b) the Common Council of the City of London; and

Part II — Adjudication

Adjudication by the Secretary of State

Questions for the Secretary of State

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal on question of law

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of decisions

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudication by adjudication officers

Claims and questions to be submitted to adjudication officer

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Decision of adjudication officer

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals from adjudication officers - general

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal from Commissioners on point of law

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews - general

Review of decisions

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure for reviews

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews under s. 25 - supplementary

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals following reviews or refusals to review

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review after claimant appeals

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Attendance allowance, disability living allowance and disability working allowance

Reviews of decisions of adjudication officers

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further reviews

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals following reviews

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews of decisions on appeal

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Questions first arising on appeal

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reference of special questions

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudication officers and the Chief Adjudication Officer

Adjudication officers

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chief Adjudication Officer

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disability appeal tribunals

Panels for appointment to disability appeal tribunals

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of disability appeal tribunals

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudication in relation to industrial injuries and disablement benefit

Declaration that accident is an industrial accident

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disablement questions

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical appeals and references

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of medical decisions

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeal etc. on question of law to Commissioner

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjudicating medical practitioners and medical appeal tribunals

Adjudicating medical practitioners

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Constitution of medical appeal tribunals

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The President and full-time chairmen of tribunals

51

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appointment of Commissioners

52

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References by authorities

Power of adjudicating authorities to refer matters to experts

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claims relating to attendance allowance, disability living allowance and disability working allowance

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Medical examination etc. in relation to appeals to disability appeal tribunals

55

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of questions of special difficulty

Assessors

56

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tribunal of three Commissioners

57

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Procedure

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finality of decisions

60

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations about supplementary matters relating to determinations

61

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Industrial diseases

Adjudication as to industrial diseases

62

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing benefit and community charge benefits

Adjudication

63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reviews

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Christmas bonus

Determination of questions

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on entitlement to benefit following erroneous decision

Restrictions on entitlement to benefit in certain cases of error

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of questions on review following erroneous decisions

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Correction of errors

Regulations as to correction of errors and setting aside of decisions

70

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Overpayments and adjustments of Benefit

Misrepresentation etc

Overpayments - general

71

(1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—

(a) a payment has been made in respect of a benefit to which this section applies; or

(b) any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,

the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.

(2) Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall in the case of the Secretary of State or the First-tier Tribunal, and may in the case of the Upper Tribunal or a court—

(a) determine whether any, and if so what, amount is recoverable under that subsection by the Secretary of State, and

(b) specify the period during which that amount was paid to the person concerned.

(3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.

(4) In relation to cases where payments of benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Secretary of State is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5A) Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) or under regulations under subsection (4) unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or has been revised under section 9 or superseded under section 10 of the Social Security Act 1998.

(6) Regulations may provide—

(a) that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;

(b) for treating any amount paid to any person under an award which it is subsequently determined was not payable—

(i) as properly paid; or

(ii) as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding any arrears payable by virtue of the subsequent determination;

(c) for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

(i) the other person is himself entitled to a payment for that period; or

(ii) a third person is entitled in priority to the payee to a payment for that period in respect of the other person, and for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where any amount paid ... is recoverable under—

(a) subsection (1) above;

(b) regulations under subsection (4) ... above; or

it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(9) Where any amount paid in respect of a couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.

(9A) Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) above to be recovered by deductions from earnings.

(9B) In subsection (9A) above “earnings” has such meaning as may be prescribed.

(9C) Regulations under subsection (9A) above may include provision—

(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State;

(b) requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;

(d) as to how payment is to be made to the Secretary of State;

(e) as to a level of earnings below which earnings must not be reduced;

(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

(g) requiring the employer to keep records of deductions;

(h) requiring the employer to notify the Secretary of State if the beneficiary is not, or ceases to be, employed by the employer;

(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j) with respect to the priority as between a requirement to deduct from earnings under this section and—

(i) any other such requirement;

(ii) an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;

(iii) any diligence against earnings.

(10) Any amount recoverable under the provisions mentioned in subsection (8) above—

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and

(b) if he resides in Scotland, shall be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) This section applies to the following benefits—

(za) state pension or a lump sum under Part 1 of the Pensions Act 2014;

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

(aa) subject to section 71A below, a jobseeker’s allowance;

(ab) state pension credit;

(ac) an employment and support allowance;

(ad) personal independence payment;

(ae) bereavement support payment under section 30 of the Pensions Act 2014;

(b) ... , income support;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act; and

(ea) health in pregnancy grant; and

(f) child benefit.

(12) In this section, “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.

Special provision as to recovery of income support

72

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adjustments of benefits

Overlapping benefits - general

73

(1) Regulations may provide for adjusting state pension under Part 1 of the Pensions Act 2014 or benefit as defined in section 122 of the Contributions and Benefits Act , or a contribution-based jobseeker's allowance, or a contributory employment and support allowance which is payable to or in respect of any person, or the conditions for receipt of that benefit, where—

(a) there is payable in his case any such pension or allowance as is described in subsection (2) below; or

(b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

(a) the person referred to in subsection (1);

(b) that person's wife, husband or civil partner;

(d) the wife, husband or civil partner of any adult dependant of that person.

(3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

(4) Regulations may provide for adjusting

(za) state pension under Part 1 of the Pensions Act 2014;

(a) benefit as defined in section 122 of the Contributions and Benefits Act; ...

(b) a contribution-based jobseeker's allowance, or

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

(5) Subsection (4) above applies to any benefit payable under the legislation of any member State which is payable to or in respect of—

(a) the person referred to in that subsection;

(b) that person's wife, husband or civil partner;

(d) the wife, husband or civil partner of any adult dependant of that person.

(6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.

Income support and other payments

74

(1) Where—

(a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount which has been paid by way of income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,

the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.

(2) Where—

(a) a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any member State is not made on or before the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount (“the relevant amount”) has been paid by way of universal credit or income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

then—

(3) Where—

(a) a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

(b) either—

(i) B has received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; or

(ii) B was, during that period, a member of the same family as some person other than A who received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; and

(c) the amount of the income support , an income-based jobseeker's allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support , an income-based jobseeker's allowance or an income-related employment and support allowance exceed what it is determined that they would have been had A, at the time the amount of income support , an income-based jobseeker's allowance or an income-related employment and support allowance was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.

(4) Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Secretary of State may recover it otherwise than by way of abatement—

(a) in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

(b) in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.

(5) Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.

Housing benefit

Overpayments of housing benefit

75

(1) Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have been paid in excess of entitlement may be recovered ... either by the Secretary of State or by the authority which paid the benefit.

(2) Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.

(3) An amount recoverable under this section shall be recoverable—

(a) except in such circumstances as may be prescribed, from the person to whom it was paid; and

(b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.

(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—

(a) from prescribed benefits to which he is entitled;

(b) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or

(c) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.

(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.

(7) Where any amount recovered under this section is to be recovered otherwise than by deduction from prescribed benefits—

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and

(b) if he resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(8) Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

(9) In subsection (8) above “earnings“ has such meaning as may be prescribed.

(10) Regulations under subsection (8) above may include provision—

(a) requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State or the authority which paid the benefit;

(b) requiring the employer, on being served with a notice by the Secretary of State or the authority which paid the benefit, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State or that authority;

(d) as to how payment is to be made to the Secretary of State or the authority which paid the benefit;

(e) as to a level of earnings below which earnings must not be reduced;

(f) allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

(g) requiring the employer to keep records of deductions;

(h) requiring the employer to notify the Secretary of State or the authority which paid the benefit if the beneficiary is not, or ceases to be, employed by the employer;

(i) creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j) with respect to the priority as between a requirement to deduct from earnings under this section and—

(i) any other such requirement;

(ii) an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;

(iii) any diligence against earnings.

Community charge benefits

Excess benefits

76

(1) Regulations may make provision as to any case where a billing authority or a local authority in Scotland has allowed council tax benefit to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.

(2) ... the regulations may provide that—

(a) a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b) any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods ar is prescribed as regards the case concerned.

(3) The methods are—

(a) payment by the person concerned;

(b) addition to any amount payable in respect of council tax;

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The regulations may provide that they are not to apply as regards any case falling within a prescribed category.

Shortfall in benefits

77

(1) Regulations may make provision as to any case where a billing authority or a local authority in Scotland has allowed council tax benefit to a person and the amount allowed is less than the amount to which he is entitled in respect of the benefit.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

78

(1) A social fund award which is repayable shall be recoverable by the Secretary of State.

(2) Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(3) The Secretary of State may recover an award—

(a) from the person to or for the benefit of whom it was made;

(b) where that person is a member of a couple, from the other member of the couple;

(c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

(3A) Where—

(a) a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency Act 1986.

(3B) Where—

(a) a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) the estate of that person is sequestrated,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 2016.

(3C) Regulations may provide for amounts recoverable under subsection (1) above from a person specified in subsection (3) above to be recovered by deductions from earnings.

(3D) In subsection (3C) above “earnings” has such meaning as may be prescribed.

(3E) Regulations under subsection (3C) above may include provision referred to in section 71(9C) above.

(4) Payments out of the social fund to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 71 above) by no other means.

(5) In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.

(6) For the purposes of this section—

(a) a man shall be liable to maintain his wife or civil partner and any children of whom he is the father;

(b) a woman shall be liable to maintain her husband or civil partner and any children of whom she is the mother;

(c) a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after 23rd May 1980 (the date of the passing of the Social Security Act 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and

(d) “child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving universal credit, income support or an income-based jobseeker's allowance.

(7) Any reference in subsection (6) above to children of whom the man or the woman is the father or the mother shall be construed in accordance with section 1 of the Family Law Reform Act 1987.

(8) Subsection (7) above does not apply in Scotland, and in the application of subsection (6) above to Scotland any reference to children of whom the man or the woman is the father or the mother shall be construed as a reference to any such children whether or not their parents have ever been married to one another.

(9) A document bearing a certificate which—

(a) is signed by a person authorised in that behalf by the Secretary of State; and

(b) states that the document apart from the certificate is, or is a copy of such an undertaking as is mentioned in subsection (6)(c) above, shall be conclusive of the undertaking in question for the purposes of this section; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.

Northern Ireland payments

Recovery of Northern Ireland payments

79

Without prejudice to any other method of recovery—

(a) amounts recoverable under any enactment or instrument having effect in Northern Ireland and corresponding to an enactment or instrument mentioned in section 71(8) above shall be recoverable by deduction from benefits prescribed under that subsection;

(b) amounts recoverable under any enactment having effect in Northern Ireland and corresponding to section 75 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and

(c) awards recoverable under Part III of the Northern Ireland Administration Act shall be recoverable by deduction from benefits prescribed under section 71(8).

Adjustment of child benefit

Child benefit - overlap with benefits under legislation of other member States

80

Regulations may provide for adjusting child benefit payable in respect of any child or qualifying young person in respect of whom any benefit is payable under the legislation of any member State.

Part IV — Recovery from compensation payments

Interpretation of Part IV

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery from damages etc. of sums equivalent to benefit

Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments, deductions and certificates

Time for making payment to Secretary of State

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The certificate of total benefit

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exemption from deduction in cases involving small payments

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Multiple compensation payments

86

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Collaboration between compensators

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Structured settlements

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Insolvency

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Protection of legal aid charges

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Overpaid benefits

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Death

92

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments into court

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Administration and adjudication

Provision of information

94

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Applications for certificates of total benefit

95

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Liability of compensator unenforceable if certificate not issued within time limit

96

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of certificates of total benefit

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Appeals

98

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery in consequence of an appeal

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of relevant payment in cases of default

100

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous

Persons in Northern Ireland

101

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Foreign compensators: duties of intended recipient

102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interest on damages: reductions in respect of relevant payments

103

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Crown

104

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V — Income Support and the Duty to Maintain

Failure to maintain - general

105

(1) If—

(a) any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and

(b) in consequence of his refusal or neglect universal credit, income support , an income-based jobseeker's allowance or an income-related employment and support allowance is paid to or in respect of him or such a person,

he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.

(2) For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.

(3) Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—

(a) his or her spouse or civil partner, or

(b) a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.

(4) For the purposes of this section, in its application to an income-based jobseeker's allowance or an income-related employment and support allowance, subsection (3)(b) shall not apply.

Recovery of expenditure on benefit from person liable for maintenance

106

(1) Subject to the following provisions of this section, if income support or universal credit is claimed by or in respect of a person whom another person is liable to maintain or paid to or in respect of such a person, the Secretary of State may make an application against the liable person to the family court for an order under this section.

(2) On the hearing of an application under this section the court shall have regard to all the circumstances and, in particular, to the income of the liable person, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate, except that in a case falling within section 78(6)(c) above that sum shall not include any amount which is not attributable to income support or universal credit (whether paid before or after the making of the order).

(3) In determining whether to order any payments to be made in respect of income support or universal credit for any period before the application was made, or the amount of any such payments, the court shall disregard any amount by which the liable person's income exceeds the income which was his during that period.

(4) Any payments ordered to be made under this section shall be made—

(a) to the Secretary of State in so far as they are attributable to any income support or universal credit (whether paid before or after the making of the order);

(b) to the person claiming income support or universal credit or (if different) the dependant; or

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In the application of this section to Scotland, for the references to the family court there shall be substituted references to the sheriff.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery of expenditure on income support: additional amounts and transfer of orders

107

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State

108

(1) This section applies where—

(a) a person (“the claimant”) who is the parent of one or more children is in receipt of income support or universal credit either in respect of those children or in respect of both himself and those children; and

(b) there is in force a maintenance order made against the other parent (“the liable person”)—

(i) in favour of the claimant or one or more of the children, or

(ii) in favour of some other person for the benefit of the claimant or one or more of the children;

and in this section “the primary recipient” means the person in whose favour that maintenance order was made.

(2) If, in a case where this section applies, the liable person fails to comply with any of the terms of the maintenance order—

(a) the Secretary of State may bring any proceedings or take any other steps to enforce the order that could have been brought or taken by or on behalf of the primary recipient; and

(b) any court before which proceedings are brought by the Secretary of State by virtue of paragraph (a) above shall have the same powers in connection with those proceedings as it would have had if they had been brought by the primary recipient.

(3) The Secretary of State's powers under this section are exercisable at his discretion and whether or not the primary recipient or any other person consents to their exercise; but any sums recovered by virtue of this section shall be payable to or for the primary recipient, as if the proceedings or steps in question had been brought or taken by him or on his behalf.

(4) The powers conferred on the Secretary of State by subsection (2)(a) above include power—

(a) to apply for the registration of the maintenance order under—

(i) section 17 of the Maintenance Orders Act 1950; or

(ii) section 2 of the Maintenance Orders Act 1958; ... ...

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...

(ab) to apply for recognition and enforcement of the maintenance order under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007, to the extent permitted by Article 36 of that Convention; and

(b) to make an application under section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (application for enforcement in reciprocating country).

(5) Where this section applies, the prescribed person shall in prescribed circumstances give the Secretary of State notice of any application—

(a) to alter, vary, suspend, discharge, revoke, revive or enforce the maintenance order in question; or

(b) to remit arrears under that maintenance order; and the Secretary of State shall be entitled to appear and be heard on the application.

(6) Where, by virtue of this section, the Secretary of State commences any proceedings to enforce a maintenance order, he shall, in relation to those proceedings, be treated for the purposes of any enactment or instrument relating to maintenance orders as if he were a person entitled to payment under the maintenance order in question (but shall not thereby become entitled to any such payment).

(7) Where, in any proceedings under this section in England and Wales, the court makes an order for the whole or any part of the arrears due under the maintenance order in question to be paid as a lump sum, the Secretary of State shall inform the Lord Chancellor of the amount of that lump sum if he knows—

(a) that the primary recipient either—

(i) received legal aid under the Legal Aid Act 1974 in connection with the proceedings in which the maintenance order was made, or

(ii) was an assisted party, within the meaning of the Legal Aid Act 1988, in those proceedings; or

(iii) received services funded by the Legal Services Commission as part of the Community Legal Service; or

(iv) was provided with civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act; and

(b) that a sum remains unpaid on account of the contribution required of the primary recipient—

(i) under section 9 of the Legal Aid Act 1974 in respect of those proceedings, or

(ii) under section 16 of the Legal Aid Act 1988 in respect of the costs of his being represented under Part IV of that Act in those proceedings, or

(iii) by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service, or

(iv) under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in respect of civil legal services (within the meaning of Part 1 of that Act) provided under arrangements made for the purposes of that Part of that Act,

as the case may be.

(8) In this section “maintenance order”—

(a) in England and Wales, means—

(i) any order for the making of periodical payments which is, or has at any time been, a maintenance order within the meaning of the Attachment of Earnings Act 1971;

(ii) any order under Part 3 of the Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments;

(iii) any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments;

(b) in Scotland, means any order, except an order for the payment of a lump sum, falling within the definition of “maintenance order” in section 106 of the Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement).

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Diversion of arrested earnings to Secretary of State - Scotland

109

(1) Where in Scotland a creditor who is enforcing a maintenance order or alimentary bond or agreement by a current maintenance arrestment or a conjoined arrestment order is in receipt of universal credit, income support or an income-related employment and support allowance, the creditor may in writing authorise the Secretary of State to receive any sums payable under the arrestment or order until the creditor ceases to be in receipt of universal credit, income support or an income-related employment and support allowance or in writing withdraws the authorisation, whichever occurs first.

(2) On intimation by the Secretary of State—

(a) to the employer operating the current maintenance arrestment; or

(b) to the sheriff clerk operating the conjoined arrestment order; of an authorisation under subsection (1) above, the employer or sheriff clerk shall, until notified by the Secretary of State that the authorisation has ceased to have effect, pay to the Secretary of State any sums which would otherwise be payable under the arrestment or order to the creditor.

Part VI — Enforcement

Inspection and offences

Appointment and powers of inspectors

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delay, obstruction etc. of inspector

111

(1) If a person—

(a) intentionally delays or obstructs an authorised officer in the exercise of any power under this Act other than an Inland Revenue Power;

(ab) refuses or neglects to comply with any requirement under section109BA or 110AA or with the requirements of any arrangements entered into in accordance with subsection (1) of that section, or

(b) refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Act otherwise than in the exercise of an Inland Revenue Power,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) Where a person is convicted of an offence under subsection (1)(ab) or (b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.

(3) In subsection (1) “Inland Revenue power” means any power conferred on an officer of the Inland Revenue by virtue of section 110ZA above or by virtue of an authorisation granted under section 109A or 110A above.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

False representations for obtaining benefit etc

112

(1) If a person for the purpose of obtaining any benefit or other payment under the relevant social security legislation whether for himself or some other person, or for any other purpose connected with that legislation—

(a) makes a statement or representation which he knows to be false; or

(b) produces or furnishes or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

(1ZA) A person is guilty of an offence if, for the purpose of obtaining a non-benefit payment for themselves or another person, they—

(a) make a statement or representation which they know to be false, or

(b) produce or furnish, or knowingly cause or knowingly allow to be produced or furnished, any document or information which they know to be false in a material particular.

(1A) A person shall be guilty of an offence if—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Social Security Administration Act 1992

Part I — Claims for and Payments and General Administration of Benefit

Necessity of Claim

Entitlement to benefit dependent on claim

1

Retrospective effect of provisions making entitlement to benefit dependent on claim

2

Widowhood benefits

Late claims for widowhood benefit where death is difficult to establish

3

Treatment of payments of benefit to certain widows

4

Claims and payments regulations

Regulations about claims for and payments of benefit

5

Community charge benefits etc.

Regulations about community charge benefits administration

6

Relationship between community charge benefits and other benefits

7

Industrial injuries benefit

Notification of accidents, etc

8

Medical examination and treatment of claimants

9

Obligations of claimants

10

Disability working allowance

Initial claims and repeat claims

11

The social fund

Necessity of application for certain payments

12

Child benefit

Necessity of application for child benefit

13

Statutory Sick pay

Duties of employees etc. in relation to statutory sick pay

14

Statutory maternity pay

Duties of women etc. in relation to statutory maternity pay

15

Emergency payments

Emergency payments by local authorities and other bodies

16

Part II — Adjudication

Adjudication by the Secretary of State

Questions for the Secretary of State

17

Appeal on question of law

18

Review of decisions

19

Adjudication by adjudication officers

Claims and questions to be submitted to adjudication officer

20

Decision of adjudication officer

21

Appeals from adjudication officers - general

Appeal to social security appeal tribunal

22

Appeal from social security appeal tribunal to Commissioner

23

Appeal from Commissioners on point of law

24

Reviews - general

Review of decisions

25

Procedure for reviews

26

Reviews under s. 25 - supplementary

27

Appeals following reviews or refusals to review

28

Review after claimant appeals

29

Attendance allowance, disability living allowance and disability working allowance

Reviews of decisions of adjudication officers

30

Further reviews