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

(1) This section applies in any case where a person is entitled to a Category A retirement pension with an increase, under section 52(3) of the Contributions and Benefits Act, in the additional pension on account of the contributions of a spouse or civil partner who had died.

(2) Where in the case of any up-rating order under section 150 above—

(a) the spouse's or civil partner's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but

(b) the person's final relevant year was an earlier tax year,

then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the spouse's or civil partner's contributions.

(3) Where in the case of any up-rating order under section 150 above—

(a) the person's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but

(b) the spouse's or civil partner's final relevant year was an earlier tax year,

then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the person's contributions.

Effect of alteration of rates of child benefit

157

(1) Subsections (3) and (4) of section 155 above shall have effect where there is an increase in the rate or any of the rates of child benefit as they have effect in relation to the rate of benefit to which that section applies.

(2) Where in connection with child benefit—

(a) any question arises in respect of a period after the date fixed for the commencement of payment of child benefit at an increased rate—

(i) as to the weekly rate at which a person is contributing to the cost of providing for a child or qualifying young person; or

(ii) as to the expenditure that a person is incurring in respect of a child or qualifying young person; and

(b) in determining that question account falls to be taken of contributions made or expenditure incurred for a period before that date,

the contributions made or expenditure incurred before that date shall be treated as increased in proportion to the increase in the rate of benefit.

Treatment of excess benefit as paid on account of child benefit

158

(1) In any case where—

(a) any benefit as defined in section 122 of the Contributions and Benefits Act or any increase of such benefit (“the relevant benefit or increase”) has been paid to a person for a period in respect of a child or qualifying young person; and

(b) subsequently child benefit for that period in respect of the child or qualifying young person becomes payable at a rate which is such that, had the relevant benefit or increase been awarded after the child benefit became payable, the rate of the relevant benefit or increase would have been reduced,

then, except in so far as regulations otherwise provide, the excess shall be treated as paid on account of child benefit for that period in respect of the child or qualifying young person.

(2) In subsection (1) above “the excess” means so much of the relevant benefit or increase as is equal to the difference between—

(a) the amount of it which was paid for the period referred to in that subsection; and

(b) the amount of it which would have been paid for that period if it had been paid at the reduced rate referred to in paragraph (b) of that subsection.

Effect of alteration in the component rates of income support

159

(1) Subject to such exceptions and conditions as may be prescribed, where—

(a) an award of income support is in force in favour of any person (“the recipient”); and

(b) there is an alteration in any of the relevant amounts, that is to say—

(i) any of the component rates of income support;

(ii) any of the other sums specified in regulations under Part VII of the Contributions and Benefits Act; or

(iii) the recipient's benefit income; and

then subsection (2) or (3) below (as the case may be) shall have effect.

(2) Where, in consequence of the alteration in question, the recipient becomes entitled to an increased or reduced amount of income support (“the new amount”), then, as from the commencing date, the amount of income support payable to or for the recipient under the award shall be the new amount, without any further decision of the Secretary of State, and the award shall have effect accordingly.

(3) Where, notwithstanding the alteration in question, the recipient continues on and after the commencing date to be entitled to the same amount of income support as before, the award shall continue in force accordingly.

(4) In any case where—

(a) there is an alteration in any of the relevant amount; and

(b) before the commencing date (but after that date is fixed) an award of income support is made in favour of a person,

the award either may provide for income support to be paid as from the commencing date, in which case the amount shall be determined by reference to the relevant amounts which will be in force on that date, or may provide for an amount determined by reference to the amounts in force at the date of the award.

(5) In this section—

“alteration” means—in relation to—the component rates of income support; orany other sums specified in regulations under Part VII of the Contributions and Benefits Act,their alteration by or under any enactment whether or not contained in that Part; andin relation to a person's benefit income, the alteration of any of the sums referred to in section 150, 150A or 151A above—by any enactment; orby an order under section 150 , 150A , 151A or 152 above,to the extent that any such alteration affects the amount of his benefit income;

“benefit income”, in relation to any person, means so much of his income as consists of—benefit under the Contributions and Benefits Act, other than income support; state pension under Part 1 of the Pensions Act 2014; personal independence payment; ora war disablement pension or war widow's pension;

“the commencing date” in relation to an alteration, means the date on which the alteration comes into force in the case of the person in question;

“component rate”, in relation to income support, means the amount of—the sum referred to in section 126(5)(b)(i) and (ii) of the Contributions and Benefits Act; orany of the sums specified in regulations under section 135(1) of that Act; and

“relevant amounts” has the meaning given by subsection (1)(b) above.

Implementation of increases in income support due to attainment of particular ages

160

(1) This section applies where—

(a) an award of income support is in force in favour of a person (“the recipient”); and

(b) there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.

(2) If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and, in consequence,—

(a) the component in question becomes applicable, or applicable at a particular rate, in the recipient's case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case); and

(b) after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,

then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of the Secretary of State, and the award shall have effect accordingly.

(3) Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient's entitlement to personal independence payment or to any benefit under the Contributions and Benefits Act, other than—

(a) the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and

(b) the question whether, in consequence, the amount of his income support falls to be varied.

(4) In this section “component”, in relation to a person and his income support, means any of the sums specified in regulations under section 135(1) of the Contributions and Benefits Act.

Part XII — Finance

National Insurance Fund

161

(1) The National Insurance Fund shall be maintained under the control and management of the Commissioners for Her Majesty’s Revenue and Customs.

(2) Accounts of the National Insurance Fund shall be prepared by the Inland Revenue in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor-General shall examine and certify every such account and shall lay copies of it, together with his report on it, before Parliament.

(3) Any money in the National Insurance Fund may from time to time be paid over to the National Debt Commissioners and be invested by them ... in any such manner for the time being specified in Part II of Schedule 1 to the Trustee Investments Act 1961 as the Treasury may specify by an order of which a draft has been laid before Parliament.

(4) The National Debt Commissioners shall present to Parliament annually an account of the securities in which money in the National Insurance Fund is for the time being invested.

Destination of contributions

162

(1) Contributions received by the Inland Revenue ... shall be paid by them into the National Insurance Fund after deducting ... the appropriate national health service allocation ... .

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

(2A) The reference to contributions in subsection (1) above includes payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (Payments on account of directors's contributions.)

(3) The additions paid under section 1(5) of the Contributions and Benefits Act shall be paid, in accordance with any directions given by the Treasury, into the National Insurance Fund.

(4) There shall be paid into the National Insurance Fund—

(a) so much of any interest recovered by the Inland Revenue by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act or section 101 of the Finance Act 2009 , or from persons in Great Britain by virtue of paragraph 6 of Schedule 2 to the Contributions and Benefits Act, as remains after the deduction by them of any administrative costs attributable to its recovery,

(b) the amounts apportioned to contributions under sub-paragraph (6) of Paragraph 7 of Schedule 1 to the Contributions and Benefits Act in respect of the penalties mentioned in that sub-paragraph, and

(c) so much of any penalty otherwise imposed by virtue of that paragraph and recovered by the Inland Revenue as remains after the deduction by them of any administrative costs attributable to its recovery.

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

(4ZB) Subsection (4)(b) and (c) above shall have effect notwithstanding any provision which treats a penalty under section 98 or 98A of the Taxes Management Act 1970 as if it were tax charged in an assessment and due and payable.

(4A) The sums recovered by the Inland Revenue under regulations made under paragraph 7A , 7B or 7BZA of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.

(5) In subsection (1) above “the appropriate national health service allocation” means 50 per cent of the product of the additional rate together with —

(a) in the case of primary Class 1 contributions, 2.05 per cent. of the amount estimated to be that of so much of the earnings in respect of which those contributions were paid as exceeded the primary threshold but did not exceed the upper earnings limit;

(b) in the case of secondary Class 1 contributions, 1.9 per cent. of the amount estimated to be that of the total earnings in respect of which primary Class 1 contributions were paid;

(c) in the case of Class 1A contributions, 1.9 per cent. of the amount estimated to be the aggregate of the general earnings and the amounts chargeable to income tax under section 403 of the Income Tax (Earnings and Pensions) Act 2003 used in calculating those contributions;

(ca) in the case of Class 1B contributions, 1.9 per cent of the amount estimated to be the aggregate of the general earnings and the amounts of income tax in respect of which those contributions were paid;

(d) in the case of Class 2 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;

(e) in the case of Class 3 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions; and

(ea) in the case of Class 3A contributions, 15.5 per cent of the amount estimated to be the total of those contributions;

(f) in the case of Class 4 contributions, 2.15 per cent of the amount estimated to be that of so much of the profits or gains, or earnings, in respect of which those contributions were paid as exceeded the lower limit specified in paragraph (a) of subsection (3) of section 15, and in paragraph (a) of subsection (1A) of section 18, of the Contributions and Benefits Act but did not exceed the upper limit specified in those subsections.

(5A) In subsection (5) above “the product of the additional rate” means the amount estimated to be the aggregate of—

(a) so much of the total of primary Class 1 contributions as is attributable to section 8(l)(b) of the Contributions and Benefits Act (additional primary percentage);

(b) so much of the total of Class 4 contributions under section 15 of that Act as is attributable to subsection (3)(b) of that section (additional Class 4 percentage); and

(c) so much of the total of Class 4 contributions payable by virtue of section 18 of that Act as is attributable to subsection (1A)(B) of that section (additional Class 4 percentage).

(6) In subsections (5) and (5A) above “estimated” means estimated by the Inland Revenue in any manner which after consulting the Government Actuary or the Deputy Government Actuary the Inland Revenue consider to be appropriate and which the Treasury has approved.

(6A) In the case of earners paid other than weekly, the reference in paragraph (a) of subsection (5) above to the primary threshold or the upper earnings limit shall be taken as a reference to the equivalent of that threshold or limit prescribed under section 5(4) of the Contributions and Benefits Act.

(7) The Treasury may by order amend any of paragraphs (a) to (f) of subsection (5) above in relation to any tax year, by substituting for the percentage for the time being specified in that paragraph a different percentage.

(8) No order under section (7) above shall substitute a figure which represents an increase or decrease in the appropriate national health service allocation of more than—

(a) 0.1 per cent. of the relevant earnings, in the case of paragraph (a) or (b);

(b) 0.1 per cent. of the relevant aggregate, in the case of paragraph (c) or (ca);

(d) 0.2 per cent. of the relevant earnings, in the case of paragraph (f).

(9) From the national health service allocation in respect of contributions of any class there shall be deducted such amount as the Inland Revenue may estimate to be the portion of the total expenses incurred by them or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and the remainder shall be paid the Inland Revenue to the Secretary of State towards the cost—

(a) of the national health service in England;

(b) of that service in Wales; and

in such shares as the Treasury may determine.

(10) The Inland Revenue shall pay any amounts deducted in accordance with subsection (9) above into the Consolidated Fund.

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) The Inland Revenue may make regulations modifying this section, in such manner as they think appropriate, in relation to the contributions of persons referred to in the following sections of the Contributions and Benefits Act—

(a) section 116(2) (H.M. forces);

(b) section 117(1) (mariners, airmen, etc.);

and in relation to any contributions which are reduced under section 6(5) of that Act.

General financial arrangements

163

(1) There shall be paid out of the National Insurance Fund—

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

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

(a) benefit under Part II of the Contributions and Benefits Act;

(b) guardian's allowance;

(d) any sum which, under regulations relating to statutory sick pay, statutory maternity pay, statutory adoption pay , statutory paternity pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay, falls to be paid by or on behalf of the Inland Revenue or to be set off against sums payable to the Inland Revenue otherwise than on account of contributions;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) There shall be paid out of money provided by Parliament—

(a) any administrative expenses of the Secretary of State or other government department in carrying into effect the Contributions and Benefits Act , Part 1 of the Pensions Act 2014 , section 30 of that Act or this Act;

(aa) any administrative expenses of the Secretary of State in supplying information about benefits under Part II of that Act in accordance with regulations under section 23 of the Welfare Reform and Pensions Act 1999;

(b) benefit under Part III of the Contributions and Benefits Act, other than guardian's allowance;

(d) any sums payable by way of the following—

(i) income support;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(iv) rate rebate subsidy;

(v) rent rebate subsidy;

(vi) rent allowance subsidy;

(vii) council tax benefit subsidy;

(e) payments by the Secretary of State into the social fund under section 167(3) below;

(f) child benefit;

(g) Christmas bonus if the relevant qualifying benefit is payable out of such money;

(h) any sums falling to be paid by the Secretary of State or the Inland Revenue under or by virtue of this Act by way of travelling expenses;

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

except in so far as they may be required by any enactment to be paid or borne in some other way.

(3) The administrative expenses referred to in subsection (2)(a) above include those in connection with any inquiry undertaken—

(a) on behalf of the Inland Revenue with a view to obtaining statistic relating to the operation of Part I of the Contributions and Benefits Act, and

(b) on behalf of the Secretary of State with a view to obtaining statistics relating to the operation of Parts II to VI and XI of that Act or Part 1 of the Pensions Act 2014or section 30 of that Act.

(4) Any sums required by any person for the purpose of paying any secondary Class 1 contributions , or any Class 1A or 1B contributions, which are payable by him in respect of an earner in consequence of the earner's employment in an office of which the emoluments are payable out of the Consolidated Fund shall be paid out of that Fund.

(5) Any expenditure in respect of the payment of interest or repayment supplements under or by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act or paragraph 6 of Schedule 2 to that Act shall be defrayed out of the National Insurance Fund in accordance with any directions given by the Treasury.

Destination of repayments etc

164

(1) Subject to section 38 of the Jobseekers Act 1995, section 27 of the Welfare Reform Act 2007 and to the following provisions of this section, so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State under or by virtue of this Act shall be paid into the Consolidated Fund.

(2) So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.

(3) So far as any such sum relates to a payment out of the social fund, it shall be paid into that fund.

(4) Sums repaid by virtue of paragraph 1(4)(e) of Schedule 9 to this Act as it has effect for the purposes of schemes under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act shall be paid into the Consolidated Fund.

(5) There shall be paid into the National Insurance Fund—

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

(b) sums recovered by the Secretary of State by virtue of a scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act making provision by virtue of paragraph 4 of Schedule 9 to this Act.

(6) Any sums recovered by the Secretary of State under section 15A above... shall be paid—

(a) into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and

(b) into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.

(7) Any sums repaid to the Secretary of State in pursuance of section 119(1) of the 1975 Act (which related to the effect of adjudication and was repealed subject to a saving in relation to certain reviews and appeals) shall—

(a) be paid by him into the Consolidated Fund in so far as they represent benefit which under section 163 above is payable out of money provided by Parliament and not out of the National Insurance Fund; and

(b) otherwise, be paid by him into that Fund.

(7) Any sums received by the Secretary of State under regulations made by virtue of section 15A(2)(b) above shall be paid into the Consolidated Fund.

(8) All penalties recovered by the Secretary of State under section 115A or 115B above shall be paid into the Consolidated Fund.

Adjustments between National Insurance Fund and Consolidated Fund

165

(1) There shall be made out of the National Insurance Fund into the Consolidated Fund, or by the Secretary of State out of money provided by Parliament to the Inland Revenue for payment into the National Insurance Fund

(a) such payments by way of adjustment as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of any enactment or regulations relating to—

(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the repayment or offsetting of benefit as defined in section 122 of the Contributions and Benefits Act , universal credit, personal independence payment or other payments; and

(b) such payments by way of adjustment as the Inland Revenue determine to be appropriate in consequence of the operation of any enactment or regulations relating to—

(i) statutory sick pay; ...

(ii) statutory maternity pay;

(iii) ... statutory paternity pay;

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

(v) statutory adoption pay; ...

(vi) statutory shared parental pay, ...

(vii) statutory parental bereavement pay , and

(viii) statutory neonatal care pay.

(2) Where any such payments as are specified in subsection (3) below fall to be made by way of adjustment, then, subject to subsection (4) below,—

(a) the amount of the payments to be made shall be taken to be such, and

(b) payments on account of them shall be made at such times and in such manner,

as may be determined by the appropriate authority.

(2A) In subsection (2) above “the appropriate authority” means—

(a) the Secretary of State, in relation to payments falling to be made by him, or

(b) in Inland Revenue, in relation to payments falling to be made by them;

and any determination by the Secretary of State under that subsection must be made in accordance with any directions given by the Treasury.

(3) The payments mentioned in subsection (2) above are the following, that is to say—

(a) any payments falling to be made by way of adjustment by virtue of subsection (1)(a) and (b) above;

(b) any payments falling to be made by way of adjustment in consequence of the operation of any enactment or regulations relating to child benefit—

(i) out of the National Insurance Fund into the Consolidated Fund, or

(ii) into the National Insurance Fund out of money provided by Parliament; and

(c) any payments falling to be made by way of adjustment in circumstances other than those mentioned in subsection (1) or paragraph (b) above—

(i) out of the National Insurance Fund either to the Secretary of State or another government department or into the Consolidated Fund; or

(ii) into the National Insurance Fund out of money provided by Parliament.

(4) In relation to payments falling within paragraph (a) or (c) of subsection (3) above, subsection (2) above only applies in such cases or classes of case as may be specified—

(a) in relation to payments falling to be made by the Secretary of State, by the Secretary of State by order made with the concurrence of the Inland Revenue, or

(b) in relation to payments falling to be made by the Inland Revenue, by the Inland Revenue by order.

(5) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct—

(a) such sums as the Inland Revenue may estimate to be the amount of the administrative expenses incurred by them as mentioned in section 163(2)(a) above , or in carrying into effect any relevant legislation, excluding any expenses which the Treasury may direct, or any enactment may require, to be excluded from the Inland Revenue's estimate under this subsection, and

(b) such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred as mentioned in section 163(2)(a) or (aa) above by any government department other than the Inland Revenue, excluding the expenses specified in subsection (6) below.

(5A) There shall be excluded from the estimate under subsection (5)(a) above any expenses attributable to the carrying into effect of provisions of this Act so far as relating to state pension credit.

(5B) In subsection (5)(a) “relevant legislation” means—

(a) legislation relating to ordinary statutory paternity pay, additional statutory paternity pay , statutory adoption pay , statutory parental bereavement pay or statutory neonatal care pay,

(b) the National Insurance Contributions Act 2014, or

(6) The expenses excluded from the estimate under subsection (5)(b) above are—

(a) expenses attributable to the carrying effect of provisions of the Contributions and Benefits Act or this Act relating to the benefits which by virtue of section 163(2) above , section 20 of the State Pension Credit Act 2002 section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 are payable out of the money provided by Parliament; and

(b) any other category of expenses which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State's estimate under subsection (5)(b) above;

but none of the administrative expenses of the Christmas bonus shall be excluded from that estimate by virtue of paragraph (a) or (b) above.

Financial review and report

166

(1) As from the end of the period of 5 years beginning with 6th April 1990, or such shorter period as the Secretary of State may direct, the Government Actuary or the Deputy Government Actuary shall review the operation during that period of—

(a) the 1975 Act;

(b) Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);

(d) this Act , Chapter II of Part I of the Social Security Act 1998 and Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 so far as they relate to the provisions specified in paragraphs (b) and (c) above.

(2) As from the end of each review period, the Government Actuary or Deputy Government Actuary shall review the operation during that period of—

(a) Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);

(b) the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker's allowance;

(ba) the provisions of Part 1 of the Welfare Reform Act 2007 relating to contributory employment and support allowance; and

(c) this Act , Chapter II of Part I of the Social Security Act 1998 and Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 so far as they relate to the provisions specified in paragraphs (a) to (ba) above.

(3) For the purposes of subsection (2) above, a review period is—

(a) the period of five tax years, or

(b) such shorter period as the Treasury may direct in respect of any review.

from the end of the last period to be subject to a review under this section.

(4) It shall be the object of a review under this section to determine the extent to which level at which the National Insurance Fund stands from year to year may be expected in the longer term to bear a proper relation to demands in respect of payments of benefit; and for this purpose the Actuary shall take into account—

(a) current rates of contributions;

(b) the yield to be expected from contributions in the longer term; and

(5) After completing his review, the Government Actuary or Deputy Government Actuary shall report to the Secretary of State and the Treasury his opinion on the question referred to in subsection (4) above; and the Treasury shall lay a copy of the report before Parliament.

167

(1) The fund known as the social fund shall continue in being by that name.

(2) The social fund shall continue to be maintained under the control and management of the Secretary of State and payments out of it shall be made by him.

(3) The Secretary of State shall make payments into the social fund of such amounts, at such times and in such manner as he may with the approval of the Treasury determine.

(4) Accounts of the social fund shall be prepared in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor General shall examine and certify every such account and shall lay copies of it, together with his report, before Parliament.

(5) The Secretary of State shall prepare an annual report on the social fund.

(6) A copy of every such report shall be laid before each House of Parliament.

168

(1) The Secretary of State shall allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act (in this section referred to as “section 138(1)(b) payments”) in a financial year.

(2) The Secretary of State may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(3) Allocations—

(a) may be for all section 138(1)(b) payments or for any description of such payments;

(b) may be of different amounts for payments of different descriptions;

(d) may be in addition to any other allocation ...

(3A) Without prejudice to the generality of subsection (3)(a), descriptions of section 138(1)(b) payments may, in particular, be framed by reference to—

(a) the purposes for which payments are made;

(b) the persons by whom payments are made (including where such persons are located);

(4) The Secretary of State may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.

(5) The Secretary of State may give general directions to appropriate officers or groups of appropriate officers, or to any class of appropriate officers, with respect to the control and management by appropriate officers or groups of appropriate officers of any amounts allocated to them under this section.

(6) In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to section 138(1)(b) payments.

169

(1) There shall be made—

(a) out of the social fund into the Consolidated Fund or the National Insurance fund;

(b) into the social fund out of money provided by Parliament or the National Insurance Fund,

such payments by way of adjustments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of any enactment or regulations relating to the repayment or offsetting of a benefit or other payment under the Contributions and Benefits Act or section 20 of the State Pension Credit Act 2002.

(2) Where in any other circumstances payments fall to be made by way of adjustment—

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund; or

(b) into the social fund out of money provided by Parliament or the National Insurance Fund,

then, in such cases or classes of case as may be specified by the Secretary of State by order, the amount of the payments to be made shall be taken to be such, and payments on account of it shall be made at such times and in such manner, as may be determined by the Secretary of State in accordance with any direction given by the Treasury.

Part XIII — Advisory Bodies And Consultation

170

(1) The Social Security Advisory Committee (in this Act referred to as “the Committee”) constituted under section 9 of the Social Security Act 1980 shall continue in being by that name—

(a) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;

(b) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and

(2) Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.

(3) The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).

(4) The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5) In this Act—

“the relevant enactments” means—the provisions of the Contributions and Benefits Act , this Act and the Social Security (Incapacity for Work) Act 1994, except as they apply to industrial injuries benefit and Old Cases payments;the provision of the Jobseekers Act 1995; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the provisions of the Social Security (Recovery of Benefits) Act 1997; andthe provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;sections ... , 72 and 79 of the Welfare Reform and Pensions Act 1999;section 42 ... and sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000; sections 6A to 11 of the Social Security Fraud Act 2001; the provisions of the State Pension Credit Act 2002; section 7 of the Age-Related Payments Act 2004; the provisions of Part 1 of the Welfare Reform Act 2007; sections 32 and 33 of the Welfare Reform Act 2007; the provisions of Part 1 of the Welfare Reform Act 2012; Part 4 of that Act; sections 96 to 97 of that Act; and the provisions of Part 1 of the Pensions Act 2014; section 30 of the Pensions Act 2014; sections 18, 19 and 21 of the Welfare Reform and Work Act 2016; the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and

“the relevant Northern Ireland enactments” means—the provisions of the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act, except as they apply to Northern Ireland industrial injuries benefit and payments under Part I of Schedule 8 to the Northern Ireland Contributions and Benefits Act; andany provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .any provisions in Northern Ireland which correspond to provisions of the Social Security (Recovery of Benefits) Act 1997; andany provision in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;any provisions in Northern Ireland which correspond to sections ..., 72 and 79 of the Welfare reform and Pensions Act 1999;any provisions in Northern Ireland which correspond to section 42, any of sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000; and any provisions in Northern Ireland which correspond to sections 6A to 11 of the Social Security Fraud Act 2001; and any provisions in Northern Ireland which correspond to provisions of the State Pension Credit Act 2002; and Article 9 of the Age-Related Payments (Northern Ireland) Order 2004; any provisions in Northern Ireland which correspond to provisions of Part 1 of the Welfare Reform Act 2007; any provisions in Northern Ireland which correspond to sections 32 and 33 of the Welfare Reform Act 2007; any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012; any provisions in Northern Ireland which correspond to Part 4 of that Act; any provisions in Northern Ireland which correspond to sections 96 to 97 of that Act; any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Pensions Act 2014; any provisions in Northern Ireland which correspond to section 30 of the Pensions Act 2014; any provisions in Northern Ireland which correspond to sections 18, 19 and 21 of the Welfare Reform and Work Act 2016; the provisions of Part II of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, except as they apply to Northern Ireland industrial injuries benefit; and. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and in this definition—“Northern Ireland Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;“Northern Ireland industrial injuries benefit” means benefit under Part V of the Northern Ireland Contributions and Benefits Act other than under Schedule 8 to that Act.

The Industrial Injuries Advisory Council

171

(1) The Industrial Injuries Advisory Council (in this Act referred to as “the Council”) constituted under section 62 of the National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.

(2) Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.

(3) The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.

(4) The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.

Functions of Committee and Council in relation to regulations

172

(1) Subject—

(a) to subsection (3) below; and

(b) to section 173 below,

where the Secretary of State proposes to make regulations under any of the relevant enactments he shall refer the proposals, in the form of draft regulations or otherwise to the Committee.

(2) Subject—

(a) to subsection (4) below; and

(b) to section 173 below,

where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.

(3) Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.

(4) Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.

(5) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

Cases in which consultation is not required

173

(1) Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council if—

(a) it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or

(b) the relevant advisory body have agreed that they shall not be referred.

(2) Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.

(3) Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.

(4) Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—

(a) of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and

(b) in so far as he does not propose to give effect to them, of his reasons why not.

(5) Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council of any regulations contained in either—

(a) a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or

(b) a statutory instrument—

(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment; and

(ii) which is made before the end of the period of 6 months feginning with the coming into force of that specified enactment.

(6) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference made in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

(7) In this section “regulations” means regulations under any enactment, whenever passed.

Committee’s report on regulations and Secretary of State’s duties

174

(1) The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(2) If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whold or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—

(a) the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and

(b) in so far as effect has not been given to them, his reasons why not.

(3) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.

(4) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

The Disability Living Allowance Advisory Board

Disability Living Allowance Advisory Board

175

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

Housing benefit and community charge benefits.

Consultation with representative organisations

176

(1) Subject to subsection (2) below, before making—

(a) regulations relating to housing benefit or council tax benefit (other than regulations of which the effect is to increase any amount specified in regulations previously made);

(aa) regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;

(b) an order under any provision of Part VIII above,

the Secretary of State shall consult with organisations appearing to him to be representative of the authorities concerned.

(2) Nothing in subsection (1) above shall require the Secretary of State to undertake consultations if—

(a) it appears to him that by reason of the urgency of the matter it is inexpedient to do so; or

(b) the organisations have agreed that consultations should not be undertaken.

(3) Where the Secretary of State has undertaken such consultations, he may make any regulations or order to which the consultations relate without completing the consultations if it appears to him that by reason of the urgency of the matter it is expedient to do so.

Co-ordination

Co-ordination with Northern Ireland

177

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

Reciprocity

178

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

Reciprocal agreements with countries outside the United Kingdom

179

(1) For the purpose of giving effect—

(a) to any agreement with the government of a country outside the United Kingdom or an international organisation providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government or international organisation in question,

Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2) An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3) The modifications which may be made by virtue of subsection (1) above include provisions—

(a) for securing that acts, omissions and events having any effect for the purposes of the law in force in the country in respect of which the agreement is made or has effect have a corresponding effect for the purposes of this Act , the Jobseekers Act 1995 , Chapter II of Part I of the Social Security Act 1998 , Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 , Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 , the State Pension Credit Act 2002 , Part 1 of the Welfare Reform Act 2007 , Part 1 of the Welfare Reform Act 2012 , Part 4 of that Act , Part 1 of the Pensions Act 2014 , Part 5 of that Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

(b) for determining, in cases where rights accrue both under such legislation and under the law in force in that country, which of those rights is to be available to the person concerned;

(4) This section applies—

(a) to the Contributions and Benefits Act;

(aa) to the Jobseekers Act 1995; and

(ab) to Chapter II of Part I of the Social Security Act 1998;

(ac) to Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and

(ad) to Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999; and

(ae) to the State Pension Credit Act 2002; and

(af) to Part 1 of the Welfare Reform Act 2007;

(ag) to Part 1 of the Welfare Reform Act 2012; and

(ah) to Part 4 of that Act; and

(ai) to Part 1 of the Pensions Act 2014;

(aj) to Part 5 of the Pensions Act 2014;

(ak) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(al) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(am) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(an) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;

(ao) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.

(b) to this Act, except in relation to the following benefits—

(i) community charge benefits;

(ii) payments out of the social fund;

(iii) Christmas bonus;

(iv) statutory sick pay; and

(v) statutory maternity pay.

(5) The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act, this Act or Part 1 of the Welfare Reform Act 2007 or Part 1 of the Pensions Act 2014 or section 30 of that Act and concerning—

(za) universal credit;

(a) income support;

(aa) jobseeker's allowance;

(ab) state pension credit;

(ac) employment and support allowance;

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

(ae) bereavement support payment;

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

(d) housing benefit; or

(e) child benefit.

(6) In this section, “international organisation” means an organisation of which—

(a) two or more sovereign powers are members, or

(b) the governments of two or more sovereign powers are members.

Part XV — Miscellaneous

Travelling expenses

Payment of travelling expenses by Secretary of State

180

The Secretary of State may pay such travelling expenses as, with the consent of the Treasury, he may determine—

(a) to persons required by him to attend any interview in connection with the operation of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act;

(b) to persons attending local offices in connection with the operation—

(i) of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998,, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act; or

(ii) of any prescribed enactment.

Offences

Impersonation of officers

181

If any person, with intent to deceive, falsely represents himself to be a person authorised by the Secretary of State for Work and Pensions to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Illegal possession of documents.

182

(1) If any person—

(a) as a pledge or a security for a debt; or

(b) with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,

receives, detains or has in his possession any document issued by or on behalf of the Secretary of State for Work and Pensions in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.

(2) If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.

Industrial injuries and diseases

Research on industrial injuries, etc

183

(1) The Secretary of State may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which—

(a) are due to the nature of employment; or

(b) it is contemplated might be prescribed for the purposes of section 108 to 110 of the Contributions and Benefits Act,

either by himself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.

(2) The Secretary of State may pay to persons so employed by him such salaries or remuneration, and such travelling and other allowances, as he may determine with the consent of the Treasury.

Control of pneumoconiosis

184

As respects pneumoconiosis, regulations may provide—

(a) for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination;

(b) for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination—

(i) to be suffering from pneumoconiosis or tuberculosis, or

(ii) to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility to pneumoconiosis as may be prescribed;

(c) for the disqualification for the receipt of personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act, in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;

(d) for requiring employers—

(i) to provide facilities for such examinations,

(ii) not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,

(iii) to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;

(e) for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, so, however, that such penalties shall not exceed £5.00 for every day on which the contravention or failure occurs or continues;

(f) for such matters as appear to the Secretary of State to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contribution and Benefits Act.

Workmen's compensation etc

Administration of workmen’s compensation etc

185

(1) Schedule 9 to this Act shall have effect in relation to schemes under paragraphs 2 and 4 of Schedule 8 to the Contributions and Benefits Act.

(2) Regulations may provide for applying in relation to payments under Part II of that Schedule the provisions of this Act relating to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to—

(a) an unemployment supplement;

(b) an increase of a disablement pension in respect of a child or adult dependant; or

(c) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,

(as the case may be) subject to any additions or modifications

Supplementary benefit etc

Application of provisions of Act to supplementary benefit etc

186

Schedule 10 to this Act shall have effect for the purpose of making provision in relation to the benefits there mentioned.

Miscellaneous

Certain benefit to be inalienable

187

(1) Subject to the provision of this Act, every assignment of or charge on—

(za) universal credit;

(zb) state pension under Part 1 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;

(ad) personal independence payment;

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

(b) any income-related benefit; or

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of subsection (1) above to Scotland—

(a) the reference to assignment of benefit shall be read as a reference to assignation, “assign” being construed accordingly;

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.

(3) In calculating for the purposes of section 5 of the Debtors Act 1869 or section 4 of the Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

Exemption from stamp duty

188

(1) Stamp duty shall not be chargeable on any document to which this subsection applies.

(2) Subsection (1) above applies to any document authorised by virtue—

(a) of Parts I to VI of the Contributions and Benefits Act; or

(b) of any provision of this Act so far as it operates in relation to matters to which those Parts relate,

or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.

(3) Stamp duty shall not be chargeable—

(a) upon such documents used in connection with business under paragraphs 2 and 3 of Schedule 8 to the Contributions and Benefits Act and paragraph 1 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 2 of Schedule 8 to the Contributions and Benefits Act; or

(b) upon such documents used in connection with business under paragraphs 4 to 6 of that Schedule and paragraph 2 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 4 of Schedule 8 to the Contributions and Benefits Act.

Part XVI — General

Subordinate legislation

Regulations and orders - general

189

(1) Subject to ... any provision providing for an order or regulations to be made by the Treasury or the Inland Revenue and to any ... express provision of this Act, regulations and orders under this Act shall be made by the Secretary of State.

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

(3) Powers under this Act to make regulations or orders are exercisable by statutory instrument (subject to section 24(6B)).

(4) Except in the case of regulations under section ... ... above and in so far as this Act otherwise provides, any power conferred by this Act to make an Order in Council, regulations or an order may be exercised—

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

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

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

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

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

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make an Order in Council, regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(5) Without prejudice to any specific provision in this Act, a power conferred by this Act to make an Order in Council, regulations or an order ... includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to Her Majesty, or the authority making the regulations or order, as the case may be, to be expedient for the purposes of the Order in Council, regulations or order.

(5A) The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000.

(5B) For the purposes of subsection (5A), references in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000 to an order under section 8 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

(6) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act, except sections 14, 24 and 130, to make an Order in Council, regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

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

(7A) Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2F and 7A above may provide for all or any of the provisions of the regulations to apply in relation to any area or areas specified in the regulations.

(8) An order under section 140B, 140C 150, 150A, 152, 165(4)(a) or 169 above ... shall not be made by the Secretary of State without the consent of the Treasury.

(9) Any powers of the Secretary of State under any provision of this Act, except under sections 80 and 154, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

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

(11) A power under section 179 above to make provision by regulations or Order in Council for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and is without prejudice to the generality of any such direction.

(12) Any reference in this section or section 190 below to an Order in Council, or an order or regulations, under this Act includes a reference to an Order in Council, an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and without prejudice to the generality of any such direction.

Parliamentary control of orders and regulations

190

(1) Subject to the provision of this section, a statutory instrument containing (whether alone or with other provisions)—

(zza) an order under section 115A(3B);

(zzb) regulations under section 115C(2) or 115D(1) or (2);

(za) regulations under section 132A(4);

(a) an order under section 141, 143 ... , 145, ... , 150, 150A, 151A, 152, or 162(7) above;

(aza) any order containing provision adding any person to the list of persons falling within section 109B(2A) above;

(aa) the first regulations to be made under section 2A;or

(ab) the first regulations to be made under section 2AA;

(ac) regulations making provision in reliance on paragraph 25(3) of Schedule 3ZA; or

(ad) regulations under paragraph 2(1)(b) or 19(2) of Schedule 3B;

(b) regulations under section ... 122B(1)(b) or 154 above,

shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.

(2) Subsection (1) above does not apply to a statutory instrument by reason only that it contains regulations under section 154 above which are to be made for the purpose of consolidating regulations to be revoked in the instrument.

(3) A statutory instrument—

(a) which contains (whether alone or with other provisions) orders or regulations made under this Act by the Secretary of State , the Treasury or the Inland Revenue; and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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

Supplementary

Interpretation - general

191

In this Act, unless the context otherwise requires—

“the 1975 Act” means the Social Security Act 1975;

“the 1986 Act” means the “Social Security Act 1986”;

“benefit” means benefit under the Contributions and Benefits Act and includes universal credit, state pension under Part 1 of the Pensions Act 2014, a jobseeker's allowance state pension credit, an employment and support allowance , personal independence payment and bereavement support payment under section 30 of the Pensions Act 2014;

“billing authority” has the same meaning as in Part I of the Local Government Finance Act 1992;

“Christmas bonus” means a payment under Part X of the Contributions and Benefits Act;

“claim” is to be construed in accordance with “claimant”;

“claimant” (in relation to contributions under Part I and to benefit under Parts II to IV of the Contributions and Benefits Act) means—a person whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution, is in question;a person who has claimed benefit;and includes, in relation to an award or decision a beneficiary under the award or affected by the decision;

“claimant” (in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes—an applicant for a declaration under section 29 of the Social Security Act 1998 that an accident was or was not an industrial accident; andin relation to an award or decision, a beneficiary under the award or affected by the decision;

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

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

“the Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1992;

“contribution” means a contribution under Part I of the Contributions and Benefit Act;

“contribution-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;

“contributions card” has the meaning assigned to it by section 114(6) above;

“the Contributions and Benefits Act” means the Social Security (Contributions and Benefits) Act 1992;

“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

“council tax benefit Scheme” shall be construed in accordance with section 139(1) above;

“disablement benefit” is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;

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

“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

“financial year” has the same meaning as in the Local Government Finance Act 1992;

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

“housing authority” means a local authority or a new town corporation;

“housing benefit scheme” is to be construed in accordance with section 134(1) above;

“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;

“income-related benefit” means—income support;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .housing benefit; andcouncil tax benefit;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

“industrial injuries benefit” means benefit under Part V of the Contributions and Benefits Act, other than under Schedule 8;

“Inland Revenue” means the Commissioners of Inland Revenue

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

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

“local authority” means—in relation to England ... , the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;in relation to Wales, the council of a county or county borough; andin relation to Scotland a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;“medical examination” includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning; “medical practitioner” means—a registered medical practitioner; ora person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Secretary of State's opinion) to those of a registered medical practitioner;

“medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;

“money purchase contracted-out scheme” is to be construed in accordance with section 7B of the Pensions Act;

“new town corporation” means— in relation to England— a development corporation established under the New Towns Act 1981; orthe Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; the Greater London Authority so far as exercising its new towns and urban development functions; in relation to Wales—a development corporation established under the New Towns Act 1981; andthe Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of that Act; andin relation to Scotland, a development corporation established under the New Towns (Scotland) Act 1968;

“the Northern Ireland Department” means the Department for Social Development but—in section 122 and sections 122B to 122E also includes the Department of Finance and Personnel; andin sections 121E, 121F, 122, 122ZA, 122C and 122D also includes the Department for Employment and Learning;

“the Northern Ireland Administration Act” means the Social Security (Northern Ireland) Administration Act 1992;

“occupational pension scheme” has the same meaning as in section 1 of the Pensions Act;

“the Old Cases Act” means the Industrial Injuries and Diseases (Old Cases) Act 1975;

“Old Cases payments” means payments under Part I of Schedule 8 to the Contributions and Benefits Act;

“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;

“the Pensions Act” means the Pension Schemes Act 1993;

“personal pension scheme” has the meaning assigned to it by section 1 of the Pensions Act and “appropriate”, in relation to such a scheme, shall be construed in accordance with section 7B(6) of that Act

“prescribe” means prescribe by regulations and “prescribed” must be construed accordingly;

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

... “rent rebate” and “rent allowance” shall be construed in accordance with section 134 above;

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

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

“state pension credit” means state pension credit under the State Pension Credit Act 2002;

“tax year” means the 12 months beginning with 6th April in any year;

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

“universal credit assessment period” means an assessment period for the purposes of Part 1 of the Welfare Reform Act 2012;

“widow's benefit” has the meaning assigned to it by section 20(1)(e) of the Contributions and Benefits Act.

Short title, commencement and extent

192

(1) This Act may be cited as the Social Security Administration Act 1992.

(2) This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.

(3) The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.

(4) Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.

(5) The following provisions extend to Northern Ireland—

section 132A (and sections 189 and 190, but only for the purposes of regulations under section 132A);

section 170 (with Schedule 5);

section 171 (with Schedule 6);

section 177 (with Schedule 8); and this section.

(6) Except as provided by this section, this Act does not extend to Northern Ireland.

SCHEDULE 1

Claims made or treated as made on or after 2nd September 1985 and before 1st October 1986

1

Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 1st October 1986 as if the following subsections were substituted for subsections (1) to (3)—

(1) Except in such cases as may be prescribed, 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— (i) in the prescribed manner; and (ii) subject to subsection (2) below, within the prescribed time; or (b) by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision he would have been treated as making a claim for it. (2) Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay. (3) Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.

Claims made or treated as made on or after 1st October 1986 and before 6th April 1987

2

Section 1 above shall have effect in relation to a claim made or treated as made on or after 1st October 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “,reduced earnings allowance” after the words “disablement benefit”.

Claims made or treated as made on or after 6th April 1987 and before 21st July 1989

3

Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 21st July 1989, as if—

(a) the following subsection were substituted for subsection (1)—

(1) Except in such cases as may be prescribed, 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 prescribed manner and within the prescribed time; or (b) by virtue of regulations made under section 51 of the 1986 Act he would have been treated as making a claim for it.”,

(b) there were omitted—

(i) from subsection (2), the words “except as provided by section 3 below”; and

(ii) subsection (3).

Claims made or treated as made on or after 21st July 1989 and before 13th July 1990

4

Section 1 above shall have effect in relation to a claim made or treated as made on or after 21st July 1989 and before 13th July 1990 as if there were omitted—

(a) from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;

(b) from subsection (2), the words “except as provided by section 3 below”; and

Claims made or treated as made on or after 13th July 1990 and before 1st October 1990

5

Section 1 above shall have effect in relation to a claim made or treated as made on or after 13th July 1990 and before 1st October 1990 as if there were omitted—

(a) from subsection (1), the words “the following provisions of this section and to”; and

(b) subsection (3).

SCHEDULE 2

Tenure of offices

1

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

Remuneration etc. for President and Chairmen

2

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

Officers and staff

3

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

4

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

Miscellaneous administrative duties of President

5

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

Remuneration etc

6

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

7

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

Certificates of decisions

8

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

SCHEDULE 3

Interpretation

1

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

Provision which may be made

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

SCHEDULE 4

Part I — The specified persons

Government departments

Other public departments and offices

Adjudication officers

Adjudicating bodies

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

The Occupational Pensions Board

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

Former officers

Part II — Construction of references to government departments etc.

1

The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to the investigation or prosecution of offences relating to tax credits, to child support or to occupational or personal pension schemes.

2

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

Effect of alteration of rates of child benefit

157

Treatment of excess benefit as paid on account of child benefit

158

Effect of alteration in the component rates of income support

159

Implementation of increases in income support due to attainment of particular ages

160

Part XII — Finance

National Insurance Fund

161

Destination of contributions

162

General financial arrangements

163

Destination of repayments etc

164

Adjustments between National Insurance Fund and Consolidated Fund

165

Financial review and report

166

The social fund

167

Allocations from social fund

168

Adjustments between social fund and other sources of finance

169

Part XIII — Advisory Bodies And Consultation

The Social Security Advisory Committee and the Industrial Injuries Advisory Council

The Social Security Advisory Committee

170

The Industrial Injuries Advisory Council

171

Functions of Committee and Council in relation to regulations

172

Cases in which consultation is not required

173

Committee’s report on regulations and Secretary of State’s duties

174

The Disability Living Allowance Advisory Board

Disability Living Allowance Advisory Board

175

Housing benefit and community charge benefits.

Consultation with representative organisations

176

Part XIV — Social Security Systems Outside Great Britain

Co-ordination

Co-ordination with Northern Ireland

177

Reciprocity

Reciprocal arrangements with Northern Ireland - income-related benefits and child benefit

178

Reciprocal agreements with countries outside the United Kingdom

179

Part XV — Miscellaneous

Travelling expenses

Payment of travelling expenses by Secretary of State

180

Offences

Impersonation of officers

181

Illegal possession of documents.

182

Industrial injuries and diseases

Research on industrial injuries, etc

183

Control of pneumoconiosis

184

Workmen's compensation etc

Administration of workmen’s compensation etc

185

Supplementary benefit etc

Application of provisions of Act to supplementary benefit etc

186

Miscellaneous

Certain benefit to be inalienable

187

Exemption from stamp duty

188