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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

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3

Any reference in Part I of this Schedule to the Ministry of Justice ... or or the Scottish Courts Administration is a reference to that Ministry or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—

(a) functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner; ...

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

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4

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5

In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.

SCHEDULE 5

1

The Committee shall consist of a chairman appointed by the Secretary of State and not less than 10 nor more than 13 other members so appointed.

2

(1) Each member of the Committee shall be appointed to hold office for such a period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.

(2) The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member's term of office; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire.

(3) Any member—

(a) shall be eligible for reappointment from time to time on or after the expiration of his term of office;

(b) may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment.

3

(1) Of the members of the Committee (other than the chairman) there shall be appointed—

(a) one after consultation with organisations representative of employers;

(b) one after consultation with organisations representative of workers; and

and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled.

(2) In selecting a person with such experience regard shall be had to the desirability of having a chronically sick or disabled person.

(4) The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.

4

The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.

5

The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Treasury determine.

6

The expenses of the Committee to such an amount as may be approved by the Treasury shall be paid by the Secretary of State.

7

There may be paid as part of the expenses of the Committee—

(a) to all or any of the mdmbers of the Committee, such salaries or other remuneration and travelling and other allowances; and

(b) to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),

as the Secretary of State may with the consent of the Treasury determine.

8

(1) The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Treasury.

(2) Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Treasury.

9

The Committee may act notwithstanding any vacancy among the members.

10

The Committee may make rules for regulating its procedure (including the quorum of the Committee).

SCHEDULE 6

1

(1) The Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may determine.

(2) The members other than the chairman shall include an equal number of persons appointed by the Secretary of State, after consultation with such organisations as he thinks fit, to represent employers and employed earners respectively.

2

(1) The Secretary of State may pay—

(a) to the chairman and other members of the Council, such salaries or other remuneration;

(b) to persons who are not members of the Council but who at the Council's invitation are joined with its members as advisers at a Council meeting or a meeting of any committee of the Council held to consider questions on which they are specially qualified, such fees; and

(c) to the chairman and other members of the Council and to persons attending meetings at the Council's request or attending meetings of any committee of the Council at the Council's or committee's request, such expenses and travelling and other allowances,

as the Secretary of State may with the consent of the Treasury determine.

(2) Any payment under paragraph (a) of sub-paragraph (1) above may be made either in lieu of or in addition to any payment to the recipient under paragraph (c) of that sub-paragraph.

(3) Any payment under sub-paragraph (1)(b) above may be made either in lieu of or in addition to any expenses or travelling or other allowances payable to the recipient apart from that sub-paragraph.

SCHEDULE 7

Disability living allowance

1

Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act.

Industrial Injuries

2

Regulations relating only to industrial injuries benefit.

Up-rating etc

3

Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under one or more of the following provisions—

(a) section 141, 143, ... or 145 above;

(b) section 150 or 150A above.

Earnings limits

4

Regulations contained in a statutory instrument which states that it contains only regulations to make provision consequential on regulations under section 5 of the Contributions and Benefits Act.

Married women and widows – reduced rate contributions

5

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Child benefit

6

Regulations prescribing the rate or any of the rates of child benefit in Great Britain.

7

Regulations varying social security benefits following an increase of the rate or any of the rates of child benefit in Great Britain.

Statutory maternity pay and statutory sick pay

8

Regulations under section ... 167 of the Contributions and Benefits Act.

Procedural rules for tribunals

9

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Consolidation

10

Regulations made for the purpose only of consolidating other regulations revoked by them.

Part II — Industrial Injuries Advisory Council

11

Regulations under section 121(1)(b) of the Contributions and Benefits Act.

12

Regulations contained in a statutory instrument which states that it contains only provision in consequence of an order under section 141, 143, ... , 150 or 150A above.

13

Regulations contained in a statutory instrument made within a period of 6 months from the date of any Act passed after this Act and directed to be construed as one with this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.

14

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15

Regulations contained in a statutory instrument which states that it contains only regulations making with respect to industrial injuries or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.

16

Regulations contained in a statutory instrument which states that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.

17

Regulations made for the purpose only of consolidating other regulations revoked by them.

SCHEDULE 8

1

The Joint Authority shall be a body corporate by the name of the National Insurance Joint Authority, and shall have an official seal which shall be officially and judicially noticed, and the seal of the Authority may be authenticated by either member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.

2

Either member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority at which he is unable to be present.

3

The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act, and as if either member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Authority.

SCHEDULE 9

Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act

1

(1) The provisions of this paragraph shall have effect with respect of schemes under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such scheme is hereinafter in this paragraph referred to as “a scheme”.

(2) A scheme may make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be necessary or expedient for the purposes of that paragraph.

(3) A scheme shall in particular make provision with respect to the making of claims for allowances, with respect to the determination of questions arising on or in connection with any such claim or the payment of allowances, and with respect to any other matters necessary for the proper administration of any scheme; and, subject to any provisions of a scheme for reviewing decisions, the decision in accordance with a scheme of any question arising under a scheme shall be final for the purposes of paragraph 2 of Schedule 8 to the Contributions and Benefits Act.

(4) Without prejudice to the generality of sub-paragraph (2) above, a scheme may make provision—

(a) for the Secretary of State to be charged with the general administration of any scheme and (subject to any provisions of a scheme) with the determination of questions arising under any scheme, and for enabling the decision of the Secretary of State on any such question to be proved in legal proceedings by means of a certificate or otherwise;

(b) for enabling any class or description of such questions to be determined as if they had arisen under Parts II to VI of the Contributions and Benefits Act;

(c) for applying, with or without modifications, section 187(1) and (2) above, or for making provision corresponding to them;

(d) for requiring persons claiming or receiving allowances to furnish information and evidence and to undergo medical or other examination, for summoning persons to attend and give evidence or produce documents at any hearing for the purpose of determining questions arising under a scheme, and for authorising the administration of oaths to witnesses at any such hearing;

(e) for requiring the repayment to the Secretary of State in whole or in part of payments under paragraph 2 of Schedule 8 to the Contributions and Benefits Act subsequently found not to have been due, for the deduction of any sums so required to be repaid from payments under that paragraph or by way of industrial injuries benefit, and for the deduction from payments under that paragraph of any sums which may by virtue of any provision of this Act be recovered by deduction from any payment by way of such benefit.

(5) The Secretary of State may make such payments in connection with the administration of any scheme (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under any such scheme), as he may with the consent of the Treasury determine.

(6) Notwithstanding anything in this Act, Chapter II of Part I of the Social Security Act 1998 or the Contributions and Benefits Act, a scheme shall not require a person to submit himself to medical treatment.

(7) A scheme varying an earlier scheme may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier scheme in respect of periods before the making of the later scheme.

Provisions ancillary to paragraph 4 of Schedule 8

2

(1) Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6) of paragraph 1 above shall have effect for the purposes of paragraph 4 of Schedule 8 to the Contributions and Benefits Act as if in those sub-paragraphs—

(a) any reference to a scheme were a reference to a scheme under paragraph 4;

(b) any reference to paragraph 2 of Schedule 8 to the Contributions and Benefits Act were a reference to paragraph 4;

(c) any reference to allowances (other than the reference in sub-paragraph (4)) included a reference to any other payment under paragraph 4.

(2) Nothing in this Schedule or in Schedule 8 to that Act shall authorise the recovery of sums by deduction from payments under paragraph 4 of that Schedule in respect of the death of any person, or the abatement of such payments.

(3) Without prejudice to the powers conferred by paragraph 1 above as applied by this paragraph, a scheme under paragraph 4 may in particular make provision for the determination by a medical board of questions of such classes as may be prescribed by the scheme.

(4) Without prejudice to the provision made by sub-paragraphs (1) and (3) above with respect to the determination of questions, such a scheme may, where it appears to the Secretary of State expedient so as to avoid the introduction or working of the scheme being impeded, provide that, in any circumstances prescribed by the scheme, a person shown to be disabled by a disease shall be presumed for the purposes of the scheme to have been disabled by that disease for such period previously, and the disablement to have been during that period or any part of it of such a nature and degree, as may be so prescribed.

Adjustment of benefit in certain cases

3

(1) A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under the paragraph in question or under the other of those paragraphs in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under the paragraph in question or, as the case may be, to both such an allowance and an allowance under the other of those paragraphs.

(2) Where immediately before 22nd June 1967 (the commencement of the Industrial Injuries and Diseases (Old Cases) Act 1967) a person was receiving payments by virtue of section 3(2) of the Workmen's Compensation and Benefit (Amendment) Act 1965 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive on or after 6th April 1975 (the commencement of the Old Cases Act) by way of allowances under section 2 or 5 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period commencing on or after that date for which he would have so continued if neither Act had been passed.

Overpayments

4

A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 71 above in relation to the benefits to which it applies.

SCHEDULE 10

Interpretation

1

In this Schedule—“the former National Insurance Acts” means the National Insurance Act 1946 and the National Insurance Act 1965; and“the former Industrial Injuries Acts” means the National Insurance (Industrial Injuries) Act 1946 and the National Insurance (Industrial Injuries) Act 1965. Claims and payments

Claims and payments

2

(1) Section 5 above shall have effect in relation to the benefits specified in sub-paragraph (2) below as it has effect in relation to the benefits to which it applies by virtue of subsection (2).

(2) The benefits mentioned in sub-paragraph (1) above are benefits under—

(a) the former National Insurance Acts;

(b) the former Industrial Injuries Acts;

(d) the Supplementary Benefit Act 1966;

(e) the Supplementary Benefits Act 1976;

(f) the Family Income Supplements Act 1970.

Adjudication

3

(1) Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998 and sections 124 to 124B above shall have effect for the purposes of the benefits specified in paragraph 2(2) above as they have effect for the purposes of benefit within the meaning of section 122 of the Contributions and Benefits Act other than attendance allowance, disability living allowance and disability working allowance.

(2) Procedure regulations made under section 16 of the Social Security Act 1998 by virtue of sub-paragraph (1) may make different provision in relation to each of the benefits specified in paragraph 2(2) above.

Overpayments etc

4

(1) Section 71 above shall have effect in relation to the benefits mentioned in paragraph 2(2) above as it has effect in relation to the benefits to which it applies by virtue of subsection (11).

(2) Section 74 above shall have effect in relation to supplementary benefit as it has effect in relation to income support.

(3) The reference to housing benefit in section 75 above includes a reference to housing benefits under Part II of the Social Security and Housing Benefit Act 1982.

Inspection

5

Part IV of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation—

(a) the Supplementary Benefits Act 1976;

(b) the Family Income Supplements Act 1970.

Legal proceedings

6

Section 116 above shall have effect as if any reference to this Act in that section included—

(a) the National Assistance Act 1948;

(b) the Supplementary Benefit Act 1966;

TABLE OF DERIVATIONS

Note:

Retrospective effect of provisions making entitlement to benefit dependent on claim

2A

(1) Regulations may make provision for or in connection with—

(a) imposing, as a condition falling to be satisfied by a person who—

(i) makes a claim for a benefit to which this section applies, and

(ii) has not attained pensionable age at the time of making the claim (but see subsection (1A)),

a requirement to take part in one or more work-focused interviews;

(b) imposing, at a time when—

(i) a person has not attained pensionable age and is entitled to such a benefit, and

(ii) any prescribed circumstances exist,

a requirement to take part in one or more work-focused interviews as a condition of that person continuing to be entitled to the full amount which is payable to him in respect of the benefit apart from the regulations.

(1A) For the purposes of subsection (1) a man born before 6 December 1953 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age.

(2) The benefits to which this section applies are—

(a) income support;

(b) housing benefit;

(d) widow's and bereavement benefits falling within section 20(1)(e) and (ea) of the Contributions and Benefits Act ... ;

(e) incapacity benefit;

(f) severe disablement allowance; and

(g) carer’s allowance.

(2A) No requirement may be imposed by virtue of this section on a person who—

(a) is not a member of a couple, and

(b) is responsible for, and a member of the same household as, a child under the age of one.

(2B) For the purposes of subsection (2A)(b) regulations may make provision—

(a) as to circumstances in which one person is to be treated as responsible or not responsible for another;

(b) as to circumstances in which persons are to be treated as being or not being members of the same household.

(3) Regulations under this section may, in particular, make provision—

(a) for securing, where a person would otherwise be required to take part in interviews relating to two or more benefits—

(i) that he is only required to take part in one interview, and

(ii) that any such interview is capable of counting for the purposes of all those benefits;

(b) for determining the persons by whom interviews are to be conducted;

(c) conferring power on such persons or the designated authority to determine when and where interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);

(d) prescribing the circumstances in which persons attending interviews are to be regarded as having or not having taken part in them;

(e) for securing that the appropriate consequences mentioned in subsection (4)(a) or (b) below ensue if a person who has been notified that he is required to take part in an interview—

(i) fails to take part in the interview, and

(ii) does not show, within the prescribed period, that he had good cause for that failure;

(f) prescribing—

(i) matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any failure to comply with the regulations, or

(ii) circumstances in which a person is or is not to be regarded as having or not having good cause for any such failure.

(4) For the purposes of subsection (3)(e) above the appropriate consequences of a failure falling within that provision are—

(a) where the requirement to take part in an interview applied by virtue of subsection (1)(a) above, that as regards any relevant benefit either—

(i) the person in question is to be regarded as not having made a claim for the benefit, or

(ii) if (in the case of an interview postponed in accordance with subsection (7)) that person has already been awarded the benefit, his entitlement to the benefit is to terminate immediately;

(b) where the requirement to take part in an interview applied by virtue of subsection (1)(b) above, that the amount payable to the person in question in respect of any relevant benefit is to be reduced by the specified amount until the specified time.

(5) Regulations under this section may, in relation to any such reduction, provide—

(a) for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;

(b) for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;

(c) where the person in question is entitled to two or more relevant benefits, for determining the extent, and the order, in which those benefits are to be reduced in order to give effect to the reduction required in his case.

(6) Regulations under this section may provide that any requirement to take part in an interview that would otherwise apply to a person by virtue of such regulations—

(a) is, in any prescribed circumstances, either not to apply or not to apply until such time as is specified;

(b) is not to apply if the designated authority determines that an interview-

(i) would not be of assistance to that person, or

(ii) would not be appropriate in the circumstances;

(c) is not to apply until such time as the designated authority determines, if that authority determines that an interview-

(i) would not be of assistance to that person, or

(ii) would not be appropriate in the circumstances, until that time;

and the regulations may make provision for treating a person in relation to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.

(7) Where—

(a) a person is required to take part in an interview by virtue of subsection (1)(a), and

(b) the interview is postponed by or under regulations made in pursuance of subsection (6)(a) or (c),

the time to which it is so postponed may be a time falling after an award of the relevant benefit to that person.

(7A) Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

(8) In this section—

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

“the designated authority” means such of the following as may be specified, namely-the Secretary of State,a person providing services to the Secretary of State,a local authority, subject to subsection (9), a county council in England, subject to subsection (9), a person providing services to, or authorised to exercise any function of, any authority mentioned in paragraph (c) or (ca);and the purposes which may be so specified include purposes connected with a person's existing or future employment or training prospects or needs, and (in particular) assisting or encouraging a person to enhance his employment prospects.

“interview” (in subsections (3) to (7)) means a work-focused interview; “relevant benefit”, in relation to any person required to take part in a work-focused interview, means any benefit in relation to which that requirement applied by virtue of subsection (1)(a) or (b) above;

“specified” means prescribed by or determined in accordance with regulations;

“work-focused interview”, in relation to a person, means an interview conducted for such purposes connected with employment or training in the case of that person as may be specified;

(9) A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).

2AA

(1) Regulations may make provision for or in connection with imposing, at a time when—

(a) a person (“the claimant”) who—

(i) has not attained pensionable age (but see subsection (1A)), and

(ii) has a partner who has also not attained pensionable age,

is entitled to a benefit to which this section applies at a higher rate referable to his partner, and

(b) prescribed circumstances exist,

a requirement for the partner to take part in one or more work-focused interviews as a condition of the benefit continuing to be payable to the claimant at that rate.

(1A) For the purposes of subsection (1) a man born before 6 December 1953 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age.

(2) The benefits to which this section applies are—

(a) income support;

(b) an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance;

(d) severe disablement allowance; and

(e) carer's allowance; and

(f) an employment and support allowance.

(3) For the purposes of this section a benefit is payable to a person at a higher rate referable to his partner if the amount that is payable in his case—

(a) is more than it would be if the person concerned was not a member of a couple; or

(b) includes an increase of benefit for his partner as an adult dependant of his.

(4) Regulations under this section may, in particular, make provision—

(a) for securing, where the partner of the claimant would otherwise be required to take part in work-focused interviews relating to two or more benefits—

(i) that the partner is required instead to take part in only one such interview; and

(ii) that the interview is capable of counting for the purposes of all those benefits;

(b) in a case where the claimant has more than one partner, for determining which of those partners is required to take part in the work-focused interview or requiring each of them to take part in such an interview;

(d) conferring power on such persons or the designated authority to determine when and where work-focused interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);

(e) prescribing the circumstances in which partners attending work-focused interviews are to be regarded as having or not having taken part in them;

(f) for securing that if—

(i) a partner who has been notified of a requirement to take part in a work-focused interview fails to take part in it, and

(ii) it is not shown (by him or by the claimant), within the prescribed period, that he had good cause for that failure,

the amount payable to the claimant in respect of the benefit in relation to which the requirement applied is to be reduced by the specified amount until the specified time;

(g) prescribing—

(i) matters which are or are not to be taken into account in determining whether a partner does or does not have good cause for any failure to comply with the regulations; or

(ii) circumstances in which a partner is or is not to be regarded as having or not having good cause for any such failure.

(5) Regulations under this section may, in relation to a reduction under subsection (4)(f), provide—

(a) for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;

(b) for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;

(c) where the claimant is entitled to two or more benefits in relation to each of which a requirement to take part in a work-focused interview applied, for determining the extent to, and the order in, which those benefits are to be reduced in order to give effect to the reduction required in his case.

(6) Regulations under this section may provide that any requirement to take part in a work-focused interview that would otherwise apply to a partner by virtue of the regulations—

(a) is, in any prescribed circumstances, either not to apply or not to apply until the specified time;

(b) is not to apply if the designated authority determines that such an interview would not be of assistance to him or appropriate in the circumstances;

(c) is not to apply until such time as the designated authority determines (if that authority determines that such an interview would not be of assistance to him or appropriate in the circumstances until that time);

and the regulations may make provision for treating a partner to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.

(6A) Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.

(7) In this section—

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

“designated authority” means such of the following as may be specified, namely—the Secretary of State,a person providing services to the Secretary of State,a local authority, and subject to subsection (8), a county council in England, subject to subsection (8), a person providing services to, or authorised to exercise any function of, any authority mentioned in paragraph (c) or (ca);

“partner” means a person who is a member of the same couple as the claimant;

“specified” means prescribed by or determined in accordance with regulations; and

“work-focused interview” has the same meaning as in section 2A above.

(8) A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).

2B

(1) Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions made under regulations under section 2A or 2AA subject to and in accordance with subsections (3) to (8) below (and in those subsections “the 1998 Act” means that Act).

(2) For the purposes of this section a “relevant decision” , in relation to regulations under section 2A above, is a decision that a person—

(a) has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or

(b) has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.

(2A) For the purposes of this section a “relevant decision”, in relation to regulations under section 2AA above, is a decision that—

(a) the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or

(b) it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure.

(3) Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A or 2AA above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.

(4) For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).

(5) Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (4) above) treated as made, by the Secretary of State may be—

(a) revised under section 9 by a person or authority exercising functions under regulations under section 2A or 2AA above other than the Secretary of State, or

(b) superseded under section 10 by a decision made by such a person or authority,

as if that person or authority were the Secretary of State.

(6) Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to First-tier Tribunal) against—

(a) any relevant decision, and

(b) any decision under section 10 of that Act superseding any such decision, whether made by the Secretary of State or otherwise.

(7) Subsections (4) to (6) above apply whether—

(a) the relevant decision, or

(b) (in the case of subsection (6)(b)) the decision under section 10 of the 1998 Act,

is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (6) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.

(8) Section 12 of the 1998 Act shall not apply to any decision falling within subsection (6) above except in accordance with regulations under that subsection.

(9) In ...

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

(b) section 72(6) of the Welfare Reform and Pensions Act 1999 (supply of information),

any reference to information relating to social security includes any information supplied by a person for the purposes of an interview which he is required to take part in by virtue of section 2A or 2AA above.

(10) In this section “interview” means a work-focused interview within the meaning of section 2A above.

2C

(1) Regulations may make provision for conferring on local authorities or, subject to subsection (3A), county councils in England functions in connection with conducting work-focused interviews in cases where such interviews are requested or consented to by persons to whom this section applies.

(2) This section applies to —

(a) persons making claims for or entitled to any of the benefits listed in section 2A(2) above or any prescribed benefit; and

(b) partners of persons entitled to any of the benefits listed in section 2AA(2) above or any prescribed benefit;

and it so applies regardless of whether such persons have, in accordance with regulations under section 2A or 2AA above, already taken part in interviews conducted under such regulations.

(3) The functions which may be conferred on a local authority or on a county council in England by regulations under this section include functions relating to—

(a) the obtaining and receiving of information for the purposes of work-focused interviews conducted under the regulations;

(b) the recording and forwarding of information supplied at, or for the purposes of, such interviews;

(c) the taking of steps to identify potential employment or training opportunities for persons taking part in such interviews.

(3A) Regulations under this section may confer functions on a county council in England only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).

(4) Regulations under this section may make different provision for different areas or different authorities.

(5) In this section “work-focused interview”, in relation to a person to whom this section applies, means an interview conducted for such purposes connected with employment or training in the case of such a person as may be prescribed; and the purposes which may be so prescribed include—

(a) purposes connected with the existing or future employment or training prospects or needs of such a person, and

(b) (in particular) assisting or encouraging such a person to enhance his employment prospects.

2D

(1) Regulations may make provision for or in connection with imposing on a person who—

(a) is entitled to income support, and

(b) is not a lone parent of a child under the age of 3,

a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount of income support payable apart from the regulations.

(2) Regulations may make provision for or in connection with imposing on a person (“P”) who—

(a) is under pensionable age, and

(b) is a member of a couple the other member of which (“C”) is entitled to a benefit to which subsection (3) applies at a higher rate referable to P,

a requirement to undertake work-related activity in accordance with regulations as a condition of the benefit continuing to be payable to C at that rate.

(3) The benefits to which this subsection applies are—

(a) income support;

(b) an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

(4) Regulations under this section may, in particular, make provision—

(a) prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);

(b) for notifying a person of a relevant requirement;

(c) prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;

(d) prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity;

(e) in a case where C is a member of more than one couple, for determining which of the members of the couples is to be subject to a relevant requirement or requiring each of them to be subject to a relevant requirement;

(f) for securing that the appropriate consequence follows if —

(i) a person who is subject to a relevant requirement has failed to comply with the requirement, and

(ii) it is not shown, within a prescribed period, that the person had good cause for that failure;

(g) prescribing the evidence which a person who is subject to a relevant requirement needs to provide in order to show compliance with the requirement;

(h) prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with a relevant requirement;

(i) prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.

(5) For the purposes of subsection (4)(f) the appropriate consequence is that the amount of the benefit payable is to be reduced by the prescribed amount until the prescribed time.

(6) Regulations under subsection (5) may, in relation to any such reduction, provide—

(a) for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;

(b) for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent.

(7) Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.

(8) Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.

(9) For the purposes of this section and sections 2E and 2F—

(a) “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

(b) “lone parent” means a person who—

(i) is not a member of a couple, and

(ii) is responsible for, and a member of the same household as, a child;

(d) “work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;

(e) any reference to a person attaining pensionable age is, in the case of a man born before 6 December 1953, a reference to the time when a woman born on the same day as the man would attain pensionable age;

(f) any reference to a benefit payable to C at a higher rate referable to P is a reference to any case where the amount payable is more than it would be if C and P were not members of the same couple.

(10) For the purposes of this section regulations may make provision—

(a) as to circumstances in which one person is to be treated as responsible or not responsible for another;

(b) as to circumstances in which persons are to be treated as being or not being members of the same household.

(11) Information supplied in pursuance of regulations under this section is to be taken for all purposes to be information relating to social security.

2E

(1) The Secretary of State must in prescribed circumstances provide a document (referred to in this section as an “action plan”) prepared for such purposes as may be prescribed to a person who is subject to a requirement imposed under section 2A or 2AA in relation to any of the following benefits.

(2) The benefits are—

(a) income support;

(b) an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and

(3) Regulations may make provision about—

(a) the form of action plans;

(b) the content of action plans;

(4) Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 2D to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.

(5) Regulations may make provision for reconsideration of an action plan at the request of the person to whom it is provided and may, in particular, make provision about—

(a) the circumstances in which reconsideration may be requested;

(b) the period within which any reconsideration must take place;

(d) notification of the decision on reconsideration;

(e) the giving of directions for the purpose of giving effect to the decision on reconsideration.

(6) In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it.

2F

(1) In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 2D provide that the activity specified in the direction is—

(a) to be the only activity which, in the person's case, is to be regarded as being work-related activity; or

(b) to be regarded, in the person's case, as not being work-related activity.

(2) But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person's case, is to be regarded as being work-related activity.

(3) A direction under subsection (1) given to any person—

(a) must be reasonable, having regard to the person's circumstances;

(b) must be given to the person by being included in an action plan provided to the person under section 2E; and

(4) Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.

2G

(1) The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—

(a) conducting interviews under section 2A or 2AA;

(b) providing documents under section 2E;

(2) Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—

(a) any function under regulations under any of sections 2A to 2F, except the making of an excluded decision (see subsection (3));

(b) the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under regulations under any of sections 2A to 2F;

(c) the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under regulations under any of sections 2A to 2F;

(d) any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).

(3) Each of the following is an “excluded decision” for the purposes of subsection (2)—

(a) a decision about whether a person has failed to comply with a requirement imposed by regulations under section 2A, 2AA or 2D;

(b) a decision about whether a person had good cause for failure to comply with such a requirement;

(4) Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—

(a) either wholly or to such extent as the regulations may provide,

(b) either generally or in such cases as the regulations may provide, and

(5) An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned—

(a) either wholly or to such extent as may be specified in the authorisation,

(b) either generally or in such cases as may be so specified, and

but, in the case of an authorisation given by virtue of regulations under subsection (2), this subsection is subject to the regulations.

(6) An authorisation given by virtue of any provision made by or under this section—

(a) may specify its duration,

(b) may be revoked at any time by the Secretary of State, and

(c) does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

(7) Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.

(8) But subsection (7) does not apply—

(a) for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

(b) for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).

(9) Any decision which an authorised person makes in exercise of the function concerned has effect as a decision of the Secretary of State under section 8 of the 1998 Act.

(10) Where—

(a) the authorisation of an authorised person is revoked at any time, and

(b) at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,

the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

(11) In this section—

(a) “the 1998 Act” means the Social Security Act 1998;

(b) “authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;

(c) references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.

Late claims for bereavement benefit where death is difficult to establish

2H

(1) This section applies to any regulations made under section 2A, 2AA or 2D that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.

(2) The provision made by the regulations prescribing those matters must include provision relating to—

(a) the person's physical or mental health or condition;

(b) the availability of childcare.

Bereavement benefits

7A

(1) Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—

(a) as regards housing benefit or council tax benefit, for claims for that benefit to be made to—

(i) a Minister of the Crown, or

(ii) a person providing services to a Minister of the Crown;

(b) as regards any other relevant benefit, for claims for that benefit to be made to—

(i) a local authority,

(ii) a person providing services to a local authority, or

(iii) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(i) a county council in England,

(ii) a person providing services to a county council in England, or

(iii) a person authorised to exercise any function a county council in England has under this section.

(2) Regulations may make provision for or in connection with—

(a) the forwarding by a relevant authority of—

(i) claims received by virtue of any provision authorised by subsection (1) above, and

(ii) information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);

(b) the receiving and forwarding by a relevant authority of information or evidence relating to social security or work matters supplied by, or the obtaining by a relevant authority of such information or evidence from—

(i) persons making, or who have made, claims for a relevant benefit, or

(ii) other persons in connection with such claims

including information or evidence not relating to the claims or benefit in question;

(c) the recording by a relevant authority of information or evidence relating to social security or work matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);

(d) the giving of information or advice with respect to social security or work matters by a relevant authority to persons making, or who have made, claims for a relevant benefit;

(e) the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.

(3) In paragraphs (b), (d) and (e) of subsection (2) above—

(a) references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a), (b) or (c) above or not; and

(b) references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.

(4) Regulations under this section may make different provision for different areas.

(5) Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (4) above.

(6) In this section—

(a) “benefit” includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application (or an application treated as having been made) under the Child Support Act 1991 for a maintenance calculation);

(b) “local authority” means an authority administering housing benefit or council tax benefit;

(i) a Minister of the Crown;

(ii) a local authority;

(iii) a county council in England;

(iv) a person providing services to a person mentioned in sub-paragraphs (i) to (iii);

(v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(vi) a person authorised to exercise any function a county council in England has under this section;

(d) “relevant benefit” means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;

(e) “social security or work matters” means matters relating to—

(i) social security, child support or war pensions, or

(ii) employment or training;

and in this subsection “war pension” means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).

7B

(1) A relevant authority may use for a relevant purpose any social security information which it holds.

(2) Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which—

(a) is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and

(b) was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 7A(2)(e) above.

(3) A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of—

(a) identifying persons who may be entitled to such a benefit;

(b) encouraging or assisting a person to make such a claim;

(4) Social security information means—

(a) information relating to social security, child support or war pensions;

(b) evidence obtained in connection with a claim for or an award of a specified benefit.

(5) A specified benefit is a benefit which is specified in regulations for the purposes of this section.

(6) Expressions used in this section and in section 7A have the same meaning in this section as in that section.

(7) This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.

Disabled person's tax credit

Health in pregnancy grant

12A

(1) No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5.

(2) No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her.

(3) This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by—

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

(b) information or evidence enabling the national insurance number that has been allocated to her to be ascertained.

(4) This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her.

(5) The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.

13A

(1) A person (“P”) who is entitled to child benefit in respect of one or more children may elect for all payments of the benefit to which P is entitled not to be made.

(2) An election may be made only if P reasonably expects that, in the absence of the election, P or another person would be liable to a high income child benefit charge in respect of the payments to which the election relates made for weeks in the first tax year.

(3) An election has effect in relation to payments made for weeks beginning after the election is made.

(4) But where entitlement to child benefit is backdated, an election may have effect in relation to payments for weeks beginning in the period of three months ending immediately before the claim for the benefit was made.

(5) An election may be revoked.

(6) A revocation has effect in relation to payments made for weeks beginning after the revocation is made.

(7) But if—

(a) P makes an election which results in all payments, in respect of child benefit, to which P is entitled for one or more weeks in a tax year not being paid, and

(b) had no election been made, neither P nor any other person would have been liable to a high income child benefit charge in relation to the payments,

P may, no later than two years after the end of the tax year, revoke the election so far as it relates to the payments.

(8) Subsections (2) to (7) are subject to directions under subsection (9).

(9) The Commissioners for Her Majesty's Revenue and Customs may give directions as to—

(a) the form of elections and revocations under this section, the manner in which they are to be made and the time at which they are to be treated as made, and

(b) the circumstances in which, if child benefit is not being paid to a person at the full rate or the Commissioners are satisfied that there are doubts as to a person's entitlement to child benefit for a child, an election or revocation is not to have effect or its effect is to be postponed.

(10) For the purposes of this section—

“child” includes a qualifying young person;

“first tax year”, in relation to an election, means the tax year in which the first week beginning after the election is made falls;

“week” means a period of 7 days beginning with a Monday; and a week is in a tax year if (and only if) the Monday with which it begins is in the tax year.

Payments in respect of mortgage interest etc

15A

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

Emergency payments by local authorities and other bodies

Appeals from adjudication officers—general

Reviews—general

Medical examinations

57A

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

Eligibility verification

Incapacity for work

61A

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

71ZA

(1) Subject to subsection (2) below, section 71 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.

(2) Section 71 above as it so applies shall have effect as if—

(a) in ... subsection (5A), for the words “reversed or varied on an appeal or has been revised under section 9 or superseded under section 10” there were substituted the words “revised on a review under section 38”;

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

(2A) Subsection (9A) of section 71 above as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.

(3) This section applies to social fund payments such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.

Recovery of benefit payments

71ZB

(1) The Secretary of State may recover any amount of the following paid in excess of entitlement—

(a) universal credit,

(b) jobseeker's allowance,

(d) except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act 2002).

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—

(a) reversed or varied on an appeal, or

(b) revised or superseded under section 9 or section 10 of the Social Security Act 1998,

except where regulations otherwise provide.

(4) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(5) Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.

(6) In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

(7) An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

(a) by deduction from benefit (section 71ZC);

(b) by deduction from earnings (section 71ZD);

(d) by adjustment of benefit (section 71ZF).

71ZC

(1) An amount recoverable from a person under section 71ZB may be recovered by deducting the amount from payments of prescribed benefit.

(2) Where an amount recoverable from a person under section 71ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—

(a) from prescribed benefits to which the person is entitled,

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

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

(3) Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.

(4) Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.

71ZD

(1) Regulations may provide for amounts recoverable under section 71ZB to be recovered by deductions from earnings.

(2) In this section “earnings” has such meaning as may be prescribed.

(3) Regulations under subsection (1) 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.

71ZE

(1) Where an amount is recoverable under section 71ZB from a person residing in England and Wales, the amount is, if the county court so orders, recoverable—

(a) under section 85 of the County Courts Act 1984, or

(b) otherwise as if it were payable under an order of the court.

(2) Where an amount is recoverable under section 71ZB from a person residing in Scotland, the amount recoverable may be enforced as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) Any costs of the Secretary of State in recovering an amount of benefit under this section may be recovered by him as if they were amounts recoverable under section 71ZB.

(4) In any period after the coming into force of this section and before the coming into force of section 62 of the Tribunals, Courts and Enforcement Act 2007, subsection (1)(a) has effect as if it read “by execution issued from the county court”.

71ZF

Regulations may for the purpose of the recovery of amounts recoverable under section 71ZB make provision—

(a) for treating any amount paid to a 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 arrears payable by virtue of the subsequent determination;

(b) 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 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 by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

71ZG

(1) The Secretary of State may recover any amount paid under section 5(1)(r) (payments on account).

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(4) In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

(5) Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.

71ZH

(1) The Secretary of State may recover any amount paid by way of—

(a) a payment under section 28 of the Welfare Reform Act 2012 (universal credit hardship payments) which is recoverable under that section,

(b) a payment under section 19C of the Jobseekers Act 1995 (jobseeker's allowance hardship payments) which is recoverable under that section,

(c) a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Act (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,

(d) a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc) which is recoverable under that paragraph, or

(e) a payment which is recoverable under section 6B(5A)(d) or (7)(d), 7(2A)(d) or (4)(d), 8(3)(aa), (4)(d) or 9(2A)(d) or (4)(d) of the Social Security Fraud Act 2001.

(2) An amount recoverable under this section is recoverable from—

(a) the person to whom it was paid, or

(b) such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3) Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(4) Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.

(5) Sections 71ZC to 71ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.

Jobseeker's allowance

71A

(1) Where—

(a) a severe hardship direction is revoked; and

(b) it is determined by the Secretary of State that—

(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

(ii) in consequence of the failure or misrepresentation, payment of a jobseeker's allowance has been made during the relevant period to the person to whom the direction related,

the Secretary of State may determine that he is entitled to recover the amount of the payment.

(2) In this section—

“severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and

“the relevant period” means—if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; andif the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.

(3) Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of jobseeker's allowance has been made in consequence of the misrepresentation or failure.

(5) If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker's allowance would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive as to any matter certified.

(7) Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker's allowance recoverable under subsection (1) above as they apply to a jobseeker's allowance recoverable under section 71(1) above.

(8) The other provisions of section 71 above do not apply to a jobseeker's allowance recoverable under subsection (1) above.

74A

(1) This section applies where—

(a) a person (“the claimant”) is entitled to a benefit to which this section applies;

(b) the Secretary of State is collecting periodical payments of child or spouse maintenance made in respect of the claimant or a member of the claimant's family; and

(c) the inclusion of any such periodical payment in the claimant's relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.

(2) The Secretary of State may, to such extent as he considers appropriate, treat any such periodical payments as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.

(3) The Secretary of State may, to the extent that any periodical payment collected by him is treated as not being relevant income for those purposes retain the whole or any part of that payment.

(4) Any sum retained by the Secretary of State under subsection (3) shall be paid by him into the Consolidated Fund.

(5) In this section—

“child” means a person under the age of 16;

“child maintenance”, “spouse maintenance” and “relevant income” have such meaning as may be prescribed;

“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

“family” means—a couple;a couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;except in prescribed circumstances, a person who is not a member of a couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

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

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

(6) For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—

(a) persons are to be treated as being or not being members of the same household;

(b) one person is to be treated as responsible or not responsible for another.

(7) The benefits to which this section applies are universal credit, income support, an income-based jobseeker's allowance, an income-related employment and support allowance and such other benefits (if any) as may be prescribed.

Supply of information between authorities administering benefit

109A

(1) An individual who for the time being has the Secretary of State's authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below.

(2) Those purposes are—

(a) ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation;

(b) investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for—

(i) industrial injuries benefit, or

(ii) any benefit under any provision of the relevant social security legislation, occurred or may have occurred, or was or may have been received or contracted;

(c) ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally);

(d) preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences.

(3) An individual has the Secretary of State's authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is—

(a) an official of a Government department;

(b) an individual employed by an authority administering housing benefit or council tax benefit;

(c) an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or

(d) an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee.

(4) An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above—

(a) must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part;

(b) may contain provision as to the period for which the authorisation is to have effect; and

(c) may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation.

(5) An authorisation granted under this section may be withdrawn at any time by the Secretary of State.

(6) Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority—

(a) the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and

(b) the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions.

(7) The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part.

(8) The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises.

(9) This section and sections 109B to 109C below apply as if—

(a) the Tax Credits Act 2002 were relevant social security legislation, and

(b) accordingly, child tax credit and working tax credit were relevant social security benefits for the purposes of the definition of “benefit offence“.

109B

(1) An authorised officer who has reasonable grounds for suspecting that a person—

(a) is a person falling within subsection (2) or (2A) below, and

(b) has or may have possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above,

may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned.

(2) The persons who fall within this subsection are—

(a) any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act;

(b) any person who is or has been a self-employed earner within the meaning of any such provision;

(c) any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above;

(d) any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises;

(e) any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his;

(f) any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services;

(g) any local authority acting in their capacity as an authority responsible for the granting of any licence;

(h) any person who is or has been a trustee or manager of a personal or occupational pension scheme;

(i) any person who is or has been liable to make a compensation payment or a payment to the Secretary of State under section 6 of the Social Security (Recovery of Benefits) Act 1997 (payments in respect of recoverable benefits);

(ia) a person of a prescribed description; and

(j) the servants and agents of any such person as is specified in any of paragraphs (a) to (ia) above.

(2A) The persons who fall within this subsection are—

(a) any bank;

(aa) the Director of National Savings;

(b) any person carrying on a business the whole or a significant part of which consists in the provision of credit (whether secured or unsecured) to members of the public;

(d) any credit reference agency (within the meaning given by section 145(8) of the Consumer Credit Act 1974 (c. 39));

(e) any body the principal activity of which is to facilitate the exchange of information for the purpose of preventing or detecting fraud;

(f) any person carrying on a business the whole or a significant part of which consists in the provision to members of the public of a service for transferring money from place to place;

(g) any water undertaker or sewerage undertaker, Scottish Water or any local authority which is to collect charges by virtue of an order under section 37 of the Water Industry (Scotland) Act 2002 (asp 3);

(h) any person who—

(i) is the holder of a licence under section 7 of the Gas Act 1986 (c. 44) to convey gas through pipes, or

(ii) is the holder of a licence under section 7A(1) of that Act to supply gas through pipes;

(i) any person who (within the meaning of the Electricity Act 1989 (c. 29)) distributes or supplies electricity;

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Social Security Administration Act 1992

3

4

5

SCHEDULE 5

1

2

3

4

5

6

7

8

9

10

SCHEDULE 6

1

2

SCHEDULE 7

Part I — Social Security Advisory Committee

Disability living allowance

1

Industrial Injuries

2

Up-rating etc

3

Earnings limits

4

Married women and widows – reduced rate contributions

5

Child benefit

6

7

Statutory maternity pay and statutory sick pay

8

Procedural rules for tribunals

9

Consolidation

10

Part II — Industrial Injuries Advisory Council

11

12

13

14

15

16

17

SCHEDULE 8

1

2

3

SCHEDULE 9

Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act

1

Provisions ancillary to paragraph 4 of Schedule 8

2

Adjustment of benefit in certain cases

3

Overpayments

4

SCHEDULE 10

Interpretation

1

Claims and payments

2

Adjudication

3

Overpayments etc

4

Inspection

5

Legal proceedings

6

TABLE OF DERIVATIONS

Retrospective effect of provisions making entitlement to benefit dependent on claim

Work-focused interviews and work-related activity

2A

2AA

2B

2C