Social Security Administration Act 1992
- (3) A person who without reasonable excuse fails to comply with a requirement under subsection (1) or (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
- (4) A person authorised under section 139A(1) above may—
- (a) require any document or information which is to be given to him under subsection (1) or (2) above to be given in any form reasonably specified by him; and
- (b) take copies of any document produced to him.
- (5) In this section “document” means anything in which information of any description is recorded.
139BA
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
139C
- (1) A report about an authority by a person authorised under section 139A(1) above may include recommendations about improvements which could be made by that authority in its administration of benefit and, in particular, in the prevention and detection of fraud relating to benefit and, in particular—
- (a) in the prevention and detention of fraud relating to benefit, or
- (b) for the purposes of complying with requirements of Part I of the Local Government Act 1999 (best value) or the performance requirements set out in section 89 of the Local Government and Elections (Wales) Act 2021.
- (2) When the Secretary of State receives a report about an authority from a person authorised under section 139A(1) above, he shall send a copy to the authority.
Directions by Secretary of State
Directions: variation and revocation
139D
- (1) This section applies where—
- (a) a copy of a report has been sent to an authority under section 139C(2) above;
- (b) a copy of a report has been sent to the Secretary of State under section 37(1) of or paragraph 3 of Schedule 7 to the Local Audit and Accountability Act 2014;
- (ba) a copy of a report has been sent to an authority under section 22(5) or (6) of the Public Audit (Wales) Act 2004 and to the Secretary of State under section 51(3) of that Act;
- (bb) a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;
- (c) a copy of a report under section 102(1)(b) or (c) of the Local Government (Scotland) Act 1973 which to any extent relates to the administration of benefit has been sent to a local authority and the Secretary of State under section 102(2) of that Act;
- (ca) a copy of a report has been sent to a local authority under section 95(7)(b)(i) of the Local Government and Elections (Wales) Act 2021 and to the Secretary of State under subsection (9) of that section;
- (d) a copy of a report has been sent to an authority under ... section 45(5) of the Public Audit (Wales) Act 2004 or section 105A(7) of the Local Government (Scotland) Act 1973.
- (2) The Secretary of State may require the authority to consider the report and to submit proposals for—
- (a) improving its performance in relation to the prevention and detection of fraud relating to benefit or otherwise in relation to the administration of benefit; and
- (b) remedying any failings identified by the report.
- (2A) A requirement under subsection (2) above may specify—
- (a) any information or description of information to be provided;
- (b) the form and manner in which the information is to be provided.
- (2B) The authority must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Secretary of State specifies in the requirement.
- (2C) The Secretary of State may extend the period specified under subsection (2B) above.
- (3) After considering—
- (a) the report,
- (b) any proposals made by the authority in response to it, and
- (c) any other information he thinks is relevant,
the Secretary of State may give directions to the authority under subsection (3A) or (3B) or both.
- (3A) Directions under this subsection are directions as to—
- (a) standards which the authority is to attain in the prevention and detection of fraud relating to benefit or otherwise in the administration of benefit;
- (b) the time within which the standards are to be attained.
- (3B) Directions under this subsection are directions to take such action as the Secretary of State thinks necessary or expedient for the purpose of improving the authority’s exercise of its functions—
- (a) in relation to the prevention and detection of fraud relating to benefit;
- (b) otherwise in relation to the administration of benefit.
- (3C) A direction under subsection (3B) may specify the time within which anything is to be done.
- (4) When giving directions to an authority under subsection (3A) above, the Secretary of State may make recommendations to the authority setting out any course of action which he thinks it might take to attain the standards which it is directed to attain.
- (4A) If the Secretary of State proposes to give a direction under this section he must give the authority to which the direction is to be addressed an opportunity to make representations about the proposed direction.
- (4B) The Secretary of State may specify a period within which representations mentioned in subsection (4A) above must be made.
- (4C) The Secretary of State may extend a period specified under subsection (4B) above.
- (4D) Subsections (4A) to (4C) do not apply if the Secretary of State thinks that it is necessary for a direction to be given as a matter of urgency.
- (4E) If the Secretary of State acts under subsection (4D) he must give in writing to the authority to which the direction is addressed his reasons for doing so.
- (5) In this section “benefit” means housing benefit or council tax benefit.
Directions: variation and revocation
139DA
- (1) The Secretary of State may at any time in accordance with this section vary or revoke a direction under section 139D above.
- (2) A direction may be varied or revoked only if the Secretary of State thinks it is necessary to do so—
- (a) in consequence of representations made by the authority to which the direction is addressed,
- (b) to rectify an omission or error, or
- (c) in consequence of a material change in circumstances.
- (3) The Secretary of State must not vary a direction unless he first—
- (a) sends a copy of the proposed variation to the authority concerned,
- (b) gives the authority his reasons for making the variation, and
- (c) gives the authority an opportunity to make representations about the proposed variation.
- (4) The Secretary of State may specify a period of not less than one month within which representations mentioned in subsection (3)(c) above must be made.
- (5) The Secretary of State may extend a period specified under subsection (4) above.
139E
- (1) Where directions have been given to an authority under section 139D(3A) or (3B) above, the Secretary of State may require the authority to supply to him any information which he considers may assist him in deciding—
- (a) whether the authority has attained the standards which it has been directed to attain;
- (aa) whether the authority has taken the action which it has been directed to take; or
- (b) whether the authority is likely to attain those standards or take that action within the time specified in the directions.
- (2) Information shall be supplied under subsection (1) above in such manner and form as the Secretary of State may require.
139F
- (1) Where directions have been given to an authority under section 139D(3A) or (3B) above and the Secretary of State—
- (a) is not satisfied that the authority has attained the standards which it has been directed to attain;
- (aa) is not satisfied that the authority has taken the action which it has been directed to take; or
- (b) is not satisfied that the authority is likely to attain those standards or take that action within the time specified in the directions,
he may serve on the authority a written notice under this section.
- (2) The notice shall—
- (a) identify the directions and state why the Secretary of State is not satisfied as mentioned in paragraph (a), (aa) or (b) of subsection (1) above; and
- (b) require the authority to submit a written response to the Secretary of State within a time specified in the notice.
- (3) If any person (other than the authority) carrying out work relating to the administration of benefit may be affected by any determination which may be made under section 139G below, the authority shall—
- (a) consult that person before submitting its response; and
- (b) include in its response any relevant observations made by that person.
- (4) If the notice identifies directions under section 139D(3A), the authority’s response shall either—
- (a) state that the authority has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or
- (b) state that the authority has not attained the standards, or is not likely to attain them within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.
- (4A) If the notice identifies directions under section 139D(3B), the authority’s response shall either—
- (a) state that the authority has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or
- (b) state that the authority has not taken the action, or is not likely to take it within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.
- (5) The notice may relate to any one or more matters covered by the directions.
- (6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.
- (7) In this section “benefit” means housing benefit or council tax benefit.
139G
- (1) Where, after the time specified in the notice under section 139F above has expired, the Secretary of State—
- (a) is not satisfied that the authority has attained the standards or taken the action in question; or
- (b) is not satisfied that the authority is likely to attain those standards or take that action within the time specified in the directions,
he may make a determination under this section.
- (2) The determination may be made whether or not the authority has responded to the notice under section 139F above.
- (3) The determination shall be designed to secure the attainment of the standards or the taking of the action in question and—
- (a) shall include provision such as is specified in subsection (4) below; and
- (b) may also include provision such as is specified in subsection (5) below.
- (4) The provision referred to in paragraph (a) of subsection (3) above is provision that the authority must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—
- (a) falls to be carried out in pursuance of the authority’s functions relating to the administration of benefit; and
- (b) is of a description specified in the determination.
- (5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—
- (a) provision that it may not be carried out by the authority;
- (b) provision that it may not be carried out by any person (other than the authority) who has been carrying it out; and
- (c) provision that any contract made by the authority with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards or the taking of the action in question.
- (6) In this section “benefit” means housing benefit or council tax benefit.
139H
- (1) The provisions included in a determination under section 139G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.
- (2) The making of a determination under section 139G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.
- (3) The provision included in a determination by virtue of section 139G(3) above may include—
- (a) requirements that the Secretary of State be satisfied as to any specified matter; and
- (b) requirements that the Secretary of State authorise or consent to any specified matter.
- (4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.
- (5) A determination under section 139G above shall have effect in spite of any enactment under or by virtue of which an authority is required or authorised to carry out any work to which the determination relates.
- (6) A determination under section 139G above may make provision having effect, in relation to the work to which it relates, instead of any requirement which (apart from the determination) would have effect in relation to that work under or by virtue of the Local Government Act 1988.
Community charge benefit finance
Subsidy
140A
- (1) For each year the Secretary of State shall pay a subsidy to each authority administering housing benefit or council tax benefit.
- (2) He shall pay—
- (a) rent rebate subsidy to each housing authority;
- (b) rent allowance subsidy to each local authority; and
- (c) council tax benefit subsidy to each billing authority and to each local authority in Scotland.
- (3) In the following provisions of this Part “subsidy”, without more, refers to subsidy of any of those descriptions.
140B
- (1) The amount of subsidy to be paid to an authority shall be determined in accordance with an order made by the Secretary of State.
- (2) Subject as follows, the amount of subsidy shall be calculated by reference to the amount of relevant benefit paid by the authority during the year ...
...
- (3) The order may provide that the amount of subsidy in respect of any matter shall be a fixed sum or shall be nil.
- (4) The Secretary of State may—
- (a) pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or
- (b) deduct from the amount which would otherwise be payable by way of subsidy an amount specified by, or calculated in a manner specified by, the order.
- (4A) The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of—
- (a) the costs of administering the relevant benefit; or
- (b) success in preventing or detecting fraud relating to the relevant benefit or action to be taken with a view to preventing or detecting such fraud.
- (5) The Secretary of State may—
- (a) where an application is made by an authority on his invitation, pay to the authority as part of the subsidy such additional amount as he considers appropriate in respect of—
- (i) success in preventing or detecting fraud relating to the relevant benefit; or
- (ii) action to be taken with a view to preventing or detecting such fraud; or
- (b) deduct from the subsidy which would otherwise be payable to an authority such amount as he considers it unreasonable to pay by way of subsidy.
- (5A) The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of—
- (a) a failure to comply with directions under section 139D(3A) or (3B) above; and
- (b) other failures in preventing or detecting fraud relating to the relevant benefit.
- (6) In this section “relevant benefit” means housing benefit or council tax benefit, as the case may be.
- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (8) The amount of subsidy payable to an authority shall be calculated to the nearest pound, disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.
Payment of subsidy
140C
- (1) Subsidy shall be paid by the Secretary of State in such instalments, at such times, in such manner and subject to such conditions as to claims, records, certificates, audit or otherwise as may be provided by order of the Secretary of State.
- (1A) Conditions under subsection (1) above may (in particular) be imposed to obtain information for the purposes of the carrying-out by the Secretary of State of any of his functions relating to subsidy.
- (2) The order may provide that if an authority has not, within such period as may be specified in the order, complied with the conditions so specified as to claims, records, certificate, audit or otherwise, the Secretary of State may estimate the amount of subsidy payable to the authority and employ for that purpose such criteria as he considers relevant.
- (3) Where subsidy has been paid to an authority and it appears to the Secretary of State—
- (a) that subsidy has been overpaid; or
- (b) that there has been a breach of any condition specified in an order under this section,
he may recover from the authority the whole or such part of the payment as he may determine.
Without prejudice to other methods of recovery, a sum recoverable under this subsection may be recovered by withholding or reducing subsidy.
- (4) An order made by the Secretary of State under this section may be made before, during or after the end of the year or years to which it relates.
140D
- (1) Rent rebate subsidy is payable—
- (a) in the case of a local authority in England and Wales, for the credit of a revenue account of theirs other than their Housing Revenue Account or Housing Repairs Account;
- (b) in the case of a local authority in Scotland, for the credit of their rent rebate account;
- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (d) in the case of a new town corporation in Scotland or Scottish Homes, for the credit of the account to which rent rebates granted by them, or it, are debited.
- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Supplementary provisions
140E
- (1) Where two or more authorities make arrangements for the discharge of any of their functions relating to housing benefit or council tax benefit—
- (a) by one authority on behalf of itself and one or more other authorities; or
- (b) by a joint committee,
the Secretary of State may make such payments as he thinks fit to the authority or committee in respect of their expenses in carrying out those functions.
- (2) The provisions of sections 140B and 140C (subsidy: calculation and supplementary provisions) apply in relation to a payment under this section as in relation to a payment of subsidy.
- (3) The Secretary of State may (without prejudice to the generality of his powers in relation to the amount of subsidy) take into account the fact that an amount has been paid under this section in respect of expenses which would otherwise have been met in whole or in part by the participating authorities.
140EE
- (1) The Secretary of State may make to a local authority such payments as he thinks fit in respect of expenses incurred by the authority in connection with the carrying out of any relevant function—
- (a) by the authority,
- (b) by any person providing services to the authority, or
- (c) by any person authorised by the authority to carry out that function.
- (2) In subsection (1) “relevant function” means any function conferred by virtue of section 2A, 2C or 7A above.
- (3) The following provisions, namely—
- (a) in section 140B, subsections (1), (3), (4), (5)(b) ... and (8), and
- (b) section 140C,
apply in relation to a payment under this section as in relation to a payment of subsidy.
- (4) The Secretary of State may (without prejudice to the generality of his powers in relation to the amount of subsidy) take into account the fact that an amount has been paid under this section in respect of costs falling within section 140B(4A)(a) above.
140F
- (1) Any power under this Part to make provision by order for or in relation to a year does not require the making of a new order each year.
- (2) Any order made under the power may be revoked or varied at any time, whether before, during or after the year to which it relates.
140G
In this Part, unless the context otherwise requires—
- “Housing Repairs Account” means an account kept under section 77 of the Local Government and Housing Act 1989;
- “Housing Revenue Account” means the account kept under section 74 of the Local Government and Housing Act 1989, and—references to property within that account have the same meaning as in Part VI of that Act, .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- “rent rebate subsidy” and “rent allowance subsidy” shall be construed in accordance with section 134 above;
- “year” means a financial year within the meaning of the Local Government Finance Act 1992.
143A
148A
- (1) The Secretary of State shall in the tax year preceding the first appointed year and in each subsequent tax year up to and including the tax year 2014-15 review the general level of earnings obtaining in Great Britain and any changes in that level which have taken place during the review period.
- (2) In this section, “the review period” means—
- (a) in the case of the first review under this section, the period beginning with 1st October 1998 and ending on 30th September in the tax year preceding the first appointed year; and
- (b) in the case of each subsequent review under this section, the period since—
- (i) the end of the last period taken into account in a review under this section; or
- (ii) such other date (whether earlier or later) as the Secretary of State may determine.
- (3) If on such a review it appears to the Secretary of State that the general level of earnings has increased during the review period, he shall make an order under this section.
- (4) An order under this section shall be an order directing that, for the purposes of the Contributions and Benefits Act—
- (a) there shall be a new low earnings threshold for the tax years after the tax year in which the review takes place; and
- (b) the amount of that threshold shall be the amount specified in subsection (5) below—
- (i) increased by the percentage by which the general level of earnings increased during the review period; and
- (ii) rounded to the nearest £100 (taking any amount of £50 as nearest to the next whole £100).
- (5) The amount referred to in subsection (4)(b) above is—
- (a) in the case of the first review under this section, £9,500; and
- (b) in the case of each subsequent review, the low earnings threshold for the year in which the review takes place.
- (6) This section does not require the Secretary of State to direct any increase where it appears to him that the increase would be inconsiderable.
- (7) If on any review under subsection (1) above the Secretary of State determines that he is not required to make an order under this section, he shall instead lay before each House of Parliament a report explaining his reasons for arriving at that determination.
- (8) For the purposes of any review under subsection (1) above the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit.
148AA
- (1) The Secretary of State must in the tax year preceding the flat rate introduction year and in each subsequent tax year up to and including the tax year 2014-15 review the general level of earnings obtaining in Great Britain and any changes in that level which have taken place during the review period.
- (2) In this section “the review period” means—
- (a) in the case of the first review under this section, the period beginning with 1st October 2004 and ending with 30th September in the tax year preceding the flat rate introduction year; and
- (b) in the case of each subsequent review under this section, the period since-
- (i) the end of the last period taken into account in a review under this section, or
- (ii) such other date (whether earlier or later) as the Secretary of State may determine.
- (3) If on such a review it appears to the Secretary of State that the general level of earnings has increased during the review period, he must make an order under this section.
- (4) An order under this section is an order directing that for the purposes of Schedule 4B to the Contributions and Benefits Act—
- (a) there is to be a new FRAA for the tax years after the tax year in which the review takes place, and
- (b) the amount of that FRAA is to be the amount specified in subsection (5) below, increased by not less than the percentage by which the general level of earnings increased during the review period.
- (5) The amount referred to in subsection (4)(b) is—
- (a) in the case of the first review under this section, £72.80, and
- (b) in the case of each subsequent review, the FRAA for the year in which the review takes place.
- (6) The Secretary of State may, for the purposes of any provision of subsections (4) and (5), adjust any amount by rounding it up or down to such extent as he thinks appropriate.
- (7) This section does not require the Secretary of State to direct any increase where it appears to him that the increase would be inconsiderable.
- (8) If on any review under this section the Secretary of State determines that he is not required to make an order under this section, he must instead lay before each House of Parliament a report explaining his reasons for arriving at that determination.
- (9) For the purposes of any review under this section the Secretary of State may estimate the general level of earnings in such manner as he thinks fit.
- (10) In this section—
- “the flat rate introduction year” has the meaning given by section 122 of the Contributions and Benefits Act (interpretation of Parts 1 to 6 etc.);
- “the FRAA” means the flat rate accrual amount (see paragraph 13 of Schedule 4B to the Contributions and Benefits Act (additional pension: simplified accrual rates for purposes of section 45(2)(d))).
150A
- (1) The Secretary of State shall in each tax year review the following amounts in order to determine whether they have retained their value in relation to the general level of earnings obtaining in Great Britain—
- (za) the amount specified in regulations under section 3(1) of the Pensions Act 2014 (full rate of state pension);
- (a) the amount of the basic pension;
- (b) the specified amounts in the case of Category B, C or D retirement pensions;
- (c) the specified amounts in the case of industrial death benefit; and
- (d) the amounts of the standard minimum guarantee for the time being prescribed under section 2(4) and (5)(a) and (b) of the State Pension Credit Act 2002.
- (2) Where it appears to the Secretary of State that the general level of earnings is greater at the end of the period under review than it was at the beginning of that period, he shall lay before Parliament the draft of an order which increases each of the amounts referred to in subsection (1) above by a percentage not less than the percentage by which the general level of earnings is greater at the end of the period than it was at the beginning.
- (3) Subsection (2) above does not require the Secretary of State to provide for an increase in any case if it appears to him that the amount of the increase would be inconsiderable.
- (4) The Secretary of State may, in providing for an increase in pursuance of subsection (2) above, adjust the amount of the increase so as to round the sum in question up or down to such extent as he thinks appropriate.
- (5) The Secretary of State shall lay with a draft order under this section a copy of a report by the Government Actuary or the Deputy Government Actuary giving that Actuary's opinion on the likely effect on the National Insurance Fund of any parts of the order relating to sums payable out of that Fund.
- (6) If a draft order laid before Parliament under this section is approved by a resolution of each House, the Secretary of State shall make the order in the form of the draft.
- (7) Subject to subsection (7A), an order under this section shall be framed so as to bring the increase in question into force in the week beginning with the first Monday in the tax year following that in which the order is made.
- (7A) An order under this section shall be framed so that any alteration to which the order relates comes into force, for the purposes of determining the amount of universal credit to which a person is entitled, on the relevant day.
- (7B) In subsection (7A) “relevant day”, in relation to a person, means the first day of the first universal credit assessment period in respect of the person which begins on or after the Monday of the week specified in subsection (7).
- (8) For the purposes of any review under subsection (1) above the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit.
- (9) If a draft order under this section is combined with a draft up-rating order under section 150 above, the report required by virtue of subsection (5) above may be combined with that required by virtue of section 150(8) above.
- (10) In this section—
- “the amount of the basic pension” means the first amount specified in section 44(4) of the Contributions and Benefits Act (weekly rate of Category A retirement pension);
- “the specified amounts in the case of Category B, C or D retirement pensions” means—the amount specified in paragraph 5 of Part 1 of Schedule 4 to the Contributions and Benefits Act, ...the amount specified in paragraph 7 of Part 3 of that Schedule , and any amount specified in regulations under section 78(9) of the Contributions and Benefits Act for a Category C retirement pension;
- “the specified amounts in the case of industrial death benefit” means—the amounts specified in paragraph 10 of Part 5 of that Schedule (apart from the amount of the initial rate), andthe amount specified in paragraph 11 of that Part of that Schedule.
155A
- (1) This section applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
- (a) the amounts by which he proposes, by an order under section 150, 150A or 151A above (as the case may be), to increase—
- (i) the weekly sums that are payable by way of state pension under the Pensions Act 2014, retirement pension or shared additional pension; or
- (ii) the amount of graduated retirement benefit payable for each unit of graduated contributions; and
- (b) the date on which he proposes to bring the increases into force (“the commencing date”).
- (2) Where, before the commencing date and after the date on which the statement is made, an award is made of a state pension, a retirement pension , a shared additional pension or a graduated retirement benefit, the award either may provide for the pension or benefit to be paid as from the commencing date at the increased rate or may be expressed in terms of the rate appropriate at the date of the award.
159A
- (1) This section applies where—
- (a) an award of a jobseeker's allowance is in force in favour of any person (“the recipient”); and
- (b) an alteration—
- (i) in any component of the allowance, or
- (ii) in the recipient's benefit income,
affects the amount of the jobseeker's allowance to which he is entitled.
- (2) Subsection (3) applies where, as a result of the alteration, the amount of the jobseeker's allowance to which the recipient is entitled is increased or reduced.
- (3) As from the commencing date, the amount of the jobseeker's allowance payable to or for the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (4) In any case where—
- (a) there is an alteration of a kind mentioned in subsection (1)(b); and
- (b) before the commencing date (but after that date is fixed) an award of a jobseeker's allowance is made in favour of a person.
the award may provide for the jobseeker's allowance to be paid as from the commencing date, in which case the amount of the jobseeker's allowance shall be determined by reference to the components applicable on that date, or may provide for an amount determined by reference to the components applicable at the date of the award.
- (5) In this section—
- “alteration” means—in relation to any component of a jobseeker's allowance, its alteration by or under any enactment; 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 or by an order under section 150, 150A or 151A above, to the extent that any such alteration affects the amount of the recipient's benefit income;
- “benefit income”, in relation to a recipient, means so much of his income as consists of—benefit under the Contributions and Benefits Act; 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 relation to the recipient;
- “component”, in relation to a jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance.
159B
- (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where—
- (a) an award of state pension credit is in force in favour of any person (“the recipient”); and
- (b) an alteration—
- (i) in any component of state pension credit,
- (ii) in the recipient's benefit income,
- (iii) in any component of a contribution-based jobseeker's allowance,
- (iiia) in any component of a contributory employment and support allowance, or
- (iv) in the recipient's war disablement pension or war widow's or widower's pension,
affects the computation of the amount of state pension credit to which he is entitled.
- (2) Where, as a result of the alteration, the amount of state pension credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of state pension credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount of state pension credit as before, the award shall continue in force accordingly.
- (4) Subsection (5) below applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
- (a) in relation to any of the items referred to in subsection (1)(b)(i) to (iv) above, the amount of the alteration which he proposes to make by an order under section 150 , 150A , 151A or 152 above or by or under any other enactment; and
- (b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
- (5) If, in a case where this subsection applies, an award of state pension credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
- (a) may provide for state pension credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items specified in subsection (1)(b)(i) to (iv) above which will be in force on that date; or
- (b) may be expressed in terms of the amounts of those items in force at the date of the award.
- (6) In this section—
- “alteration” means—in relation to any component of state pension credit, its alteration by or under any enactment;in 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 or by an order under section 150, 150A, 151A or 152 above to the extent that any such alteration affects the amount of his benefit income;in relation to any component of a contribution-based jobseeker's allowance, its alteration by or under any enactment; andin relation to a person's war disablement pension or war widow's or widower's pension, its alteration by or under any enactment;
- “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act 2014 or personal independence payment;
- “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
- “component”—in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 (c. 18) which are relevant in calculating the amount payable by way of a jobseeker's allowance;in relation to state pension credit, means any of the sums specified in regulations under section 2, 3 or 12 of the State Pension Credit Act 2002; in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of a contributory employment and support allowance;
- “war disablement pension” means—any retired pay, pension or allowance granted in respect of disablement under powers conferred by or under—the Air Force (Constitution) Act 1917 (c. 51);the Personal Injuries (Emergency Provisions) Act 1939 (c. 82);the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 (c. 83);the Polish Resettlement Act 1947 (c. 19); orPart 7 or section 151 of the Reserve Forces Act 1980 (c. 9); orwithout prejudice to paragraph (a), any retired pay or pension to which any of paragraphs (a) to (f) of section 641(1) of the Income Tax (Earnings and Pensions) Act 2003 applies;
- “war widow's or widower's pension” means— any widow's, widower’s or surviving civil partner's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of any enactment mentioned in paragraph (a) of the definition of “war disablement pension”; ora pension or allowance for a widow, widower or surviving civil partner granted under any scheme mentioned in section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003.
159C
- (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
- (a) an award of an employment and support allowance is in force in favour of any person (“the recipient”), and
- (b) an alteration—
- (i) in any component of the allowance,
- (ii) in the recipient’s benefit income, or
- (iii) in the recipient’s war disablement or war widow’s or widower’s pension,
affects the computation of the amount of the employment and support allowance to which he is entitled.
- (2) Where, as a result of the alteration, the amount of the employment and support allowance to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of the employment and support allowance payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of an employment and support allowance as before, the award shall continue in force accordingly.
- (4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
- (a) in relation to any of the items referred to in subsection (1)(b)(i) to (iii), the amount of the alteration which he proposes to make by an order under section 150 , 150A , 151A or 152 or by or under any other enactment, and
- (b) the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
- (5) If, in a case where this subsection applies, an award of an employment and support allowance is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
- (a) may provide for the employment and support allowance to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (iii) which will be in force on that date, or
- (b) may be expressed in terms of the amounts of those items in force at the date of the award.
- (6) In this section—
- “alteration” means—in relation to any component of an employment and support allowance, its alteration by or under any enactment;in relation to a person’s benefit income, the alteration of any of the sums referred to in section 150, 150A or 151A by any enactment or by an order under section 150, 150A, 151A or 152 to the extent that any such alteration affects the amount of his benefit income;in relation to a person’s war disablement pension or war widow’s or widower’s pension, its alteration by or under any enactment;
- “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act 2014 or personal independence payment;
- “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
- “component”, in relation to an employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of an employment and support allowance;
- “war disablement pension” and “war widow’s or widower’s pension” have the same meaning as in section 159B.
159D
- (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
- (a) an award of universal credit is in force in favour of any person (“the recipient”), and
- (b) an alteration—
- (i) in any element of universal credit,
- (ii) in the recipient's benefit income,
- (iii) in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act 2012,
- (iv) in any component of a contribution-based jobseeker's allowance,
- (v) in any component of a contributory employment and support allowance, or
- (vi) in such other matters as may be prescribed,
affects the computation of the amount of universal credit to which he is entitled.
- (2) Where, as a result of the alteration, the amount of universal credit to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of universal credit payable in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of universal credit as before, the award shall continue in force accordingly.
- (4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
- (a) in relation to any of the items referred to in subsection (1)(b)(i) to (vi), the amount of the alteration which he proposes to make by an order under section 150, 150A , 151A or 152 or by or under any other enactment, and
- (b) the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
- (5) If, in a case where this subsection applies, an award of universal credit is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
- (a) may provide for the universal credit to be paid as from the proposed commencing date at a rate determined by reference to the amounts of the items referred to in subsection (1)(b)(i) to (vi) which will be in force on that date, or
- (b) may be expressed in terms of the amounts of those items in force at the date of the award.
- (6) In this section—
- “alteration”—in relation to any element of universal credit, means its alteration by or under any enactment;in relation to a person's benefit income, means the alteration of any of the sums referred to in section 150, 150A or 151A by any enactment or by an order under section 150, 150A, 151A or 152 to the extent that any such alteration affects the amount of his benefit income;in relation to any component of a contribution-based jobseeker's allowance or a contributory employment and support allowance, means its alteration by or under any enactment;in relation to any other matter, has such meaning as may be prescribed;
- “benefit income”, in relation to a person, means so much of his income as consists of benefit under the Contributions and Benefits Act , state pension under Part 1 of the Pensions Act 2014 or personal independence payment;
- “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
- “component”—in relation to contribution-based jobseeker's allowance, means any of the sums specified in regulations under the Jobseekers Act 1995 which are relevant in calculating the amount payable by way of a jobseeker's allowance;in relation to a contributory employment and support allowance, means any of the sums specified in regulations under Part 1 of the Welfare Reform Act 2007 which are relevant in calculating the amount payable by way of such an allowance;
- “element”, in relation to universal credit, means any of the amounts specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012 which are included in the calculation of an award of universal credit.
159E
- (1) Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
- (a) an award of personal independence payment is in force in favour of any person (“the recipient”); and
- (b) an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.
- (2) Where, as a result of the alteration, the amount of personal independence payment to which the recipient is entitled is increased or reduced, then, as from the commencing date, the amount of personal independence payment in the case of the recipient under the award shall be the increased or reduced amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (3) Where, notwithstanding the alteration, the recipient continues on and after the commencing date to be entitled to the same amount by way of personal independence payment as before, the award shall continue in force accordingly.
- (4) Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
- (a) the amount of the alteration in the rate of any component of personal independence payment which he proposes to make by an order under section 150 or 152 or by or under any other enactment, and
- (b) the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
- (5) If, in a case where this subsection applies, an award of personal independence payment is made in favour of a person before the proposed commencing date and after the date on which the statement is made, the award—
- (a) may provide for personal independence payment to be paid as from the proposed commencing date by reference to the rates of the component of personal independence payment which will be in force on that date, or
- (b) may be expressed in terms of the rates of those components in force at the date of the award.
- (6) In this section—
- “alteration” means alteration by or under any enactment;
- “the commencing date”, in relation to an alteration, means the date on which the alteration comes into force in relation to the recipient;
- “component”, in relation to personal independence payment, means the daily living component or mobility component (see sections 78 and 79 of the Welfare Reform Act 2012).
160A
- (1) This section applies where—
- (a) an award of an income-based jobseeker's allowance is in force in favour of a person (“the recipient”); and
- (b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).
- (2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an income-based jobseeker's allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, 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 where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—
- (a) a benefit under the Contributions and Benefits Act;
- (aa) personal independence payment; or
- (b) a jobseeker's allowance.
- (4) Subsection (3)(b) above does not apply to the question—
- (a) whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in the recipient's case; and
- (b) whether, in consequence, the amount of his income-based jobseeker's allowance falls to be varied.
- (5) In this section “component”, in relation to a recipient and his jobseeker's allowance, means any of the amounts determined in accordance with regulations made under section 4(5) of the Jobseekers Act 1995.
160B
- (1) This section applies where—
- (a) an award of an employment and support allowance is in force in favour of a person (“the recipient”), and
- (b) a component has become applicable, or applicable at a particular rate, because he or some other person has reached a particular age (“the qualifying age”).
- (2) If, as a result of the recipient or other person reaching the qualifying age, the recipient becomes entitled to an employment and support allowance of an increased amount, the amount payable to or for him under the award shall, as from the day on which he becomes so entitled, be that increased amount, without any further decision of the Secretary of State; and the award shall have effect accordingly.
- (3) Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to—
- (a) a benefit under the Contributions and Benefits Act; or
- (b) personal independence payment.
- (4) Subsection (2) does not apply where, in consequence of the recipient or other person reaching the qualifying age, a question arises in relation to the recipient's entitlement to an employment and support allowance, 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 the recipient's case, and
- (b) the question whether, in consequence, the amount of his employment and support allowance falls to be varied.
- (5) In this section, “component”, in relation to a recipient and his employment and support allowance, means any of the amounts determined in accordance with regulations made under section 2(1)(a) or 4(2)(a) of the Welfare Reform Act 2007.
Direct deduction orders
...
Housing benefit and community charge benefits
179A
- (1) This section applies where it appears to the Secretary of State-
- (a) that there are arrangements in force for the exchange of relevant information between him and any authorities in a country outside the United Kingdom ('the overseas country'); and
- (b) that the arrangements and the law in force fin the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Secretary of State under this section
- (2) For the purpose of facilitating the carrying out by authorities in the overseas country of any function relating to anything corresponding to, or in the nature of, a social security benefit, the Secretary of State may make any such disclosure of relevant information to authorities in the overseas country as he considers necessary to give effect to the arrangements.
- (3) It shall be the duty of the Secretary of State to take all such steps as may be reasonable for securing that relevant information disclosed to him in accordance with the arrangements is not used for any purpose for which its use is not expressly or impliedly authorised by or under the arrangements.
- (4) This section does not apply where provision is in force under section 179 above for giving effect to the arrangements in question.
- (5) The purposes for which information may be required to be disclosed to the Secretary of State under section 122D above or section 116D of the Northern Ireland Administration Act (information required from authorities administering housing benefit or council tax benefit) shall be deemed to include the further disclosure of that information in accordance with this section.
- (6) In this section “relevant information” means any information held by the Secretary of State or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.
180A
The Inland Revenue may pay such travelling expenses as they may determine—
- (a) to persons required by them to attend any interview in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
- (b) to persons attending local offices in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
Redirection of post
182A
- (1) A social security authority may require a postal operator (within the meaning of Part 3 of the Postal Services Act 2011).
to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.
- (2) A social security authority shall make payments of such amount as the Secretary of State considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.
- (3) In subsections (1) and (2) above “social security authority” means—
- (a) the Secretary of State;
- (b) the Northern Ireland Department; or
- (c) any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).
- (4) In subsections (1) and (2) above “social security post” means postal packets—
- (a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and
- (b) which are marked, in a manner approved by the postal operator concerned, with the name and address of the sender and with an indication that they are to be returned rather than redirected.
- (5) In this section—
- (a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and
- (b) “postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011.
- (6) Any requirement imposed under subsection (1) above has effect subject to any order under—
- (a) section 371 of the Insolvency Act 1986 or Article 342 of the Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt's letters to trustee in bankruptcy);
- (b) paragraph 10 of Schedule 1 of the Solicitors Act 1974 or paragraph 15 of Schedule 1 to the Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or
- (c) paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).
182B
- (1) The Secretary of State or the Northern Ireland Department may require a postal operator to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Secretary of State or the Department—
- (a) for the use in the prevention, detection, investigation or prosecution of offences relating to social security; or
- (b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.
- (2) A local or other authority administering housing benefit or council tax benefit (including Northern Ireland Housing Executive) may require a postal operator to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—
- (a) for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or
- (b) for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.
- (3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.
- (4) Payments of such amount as the Secretary of State considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.
- (5) Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—
- (a) it could be supplied to that person or body under either of those subsections; or
- (b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act or to any provision of Northern Ireland legislation corresponding to any of them.
- (6) But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—
- (a) supplied to any person or body to whom that other information could be supplied; or
- (b) used for any purpose for which that other information could be used.
- (7) In subsections (1) or (2) above “arrangements for the redirection of postal packets” means arrangements made with the postal operator concerned for the delivery of postal packets to addresses other than those indicated by senders on the packets.
- (8) In this section
- “postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011;
- “postal packets” has the same meaning as in that Part.
National insurance numbers
182C
- (1) Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.
- (1A) Regulations under subsection (1) above may require the application to be made to the Secretary of State or to the Inland Revenue.
- (2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.
Short title, commencement and extent
Provisions which may be made
SCHEDULE 3A
Penalty
1
- (1) This paragraph applies where a person fraudulently or negligently—
- (a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or
- (b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5.
- (2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person.
- (3) The amount of a penalty imposed under this paragraph—
- (a) is to be determined by the Commissioners, but
- (b) may not exceed the amount of the grant.
- (4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given.
- (5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed.
- (6) The notice must—
- (a) state the date on which the notice is given,
- (b) state the date on or before which payment is due in accordance with sub-paragraph (4), and
- (c) give details of the right to appeal under paragraph 2.
Appeal
2
- (1) A person on whom a penalty is imposed under paragraph 1 may appeal to the First-tier Tribunal against the determination imposing it.
- (2) On an appeal under sub-paragraph (1), the First-tier Tribunal may—
- (a) set the determination aside,
- (b) confirm the determination,
- (c) reduce the amount of the penalty, or
- (d) increase the amount of it (but not so as to exceed the amount of the grant).
- (3) An appeal lies to the Upper Tribunal otherwise than on a point of law from a decision of the First-tier Tribunal under sub-paragraph (2) (unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
- (3A) For an appeal on a point of law, see section 11 of that Act.
- (3B) An appeal may be brought under sub-paragraph (3) only if, on an application made by the person concerned, the First-tier Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.
- (4) On an appeal under sub-paragraph (3), the Upper Tribunal has a similar jurisdiction to that conferred on the First-tier Tribunal by sub-paragraph (2).
- (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in the Social Security Act 1998 in relation to an appeal under this paragraph (with such modifications as are prescribed).
Mitigation
3
The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule.
Time limit
4
- (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day.
- (2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given.
Recovery
5
A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.
Local authorities etc
1A
The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to—
- (a) the former Department of Social Security,
- (b) the former Department for Education and Employment, to the extent that the functions carried out in it related to a jobseeker's allowance or to unemployment benefit or income support or to the former supplementary benefit,
- (c) the former Department of Health and Social Security, to the extent that the functions carried out in it related to social security or to occupational or personal pension schemes or to war pensions,
- (d) the former Ministry of Pensions and National Insurance,
- (e) the former Ministry of Social Security and
- (f) any other former government department, to the extent that the functions carried out in related to social security or to occupational or personal pensions or to war pensions,
and paragraph 1 above does not apply for the purposes of this paragraph.
3ZA
Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—
- (a) the former Lord Chancellor’s Department, and
- (b) the former Department of Constitutional Affairs,
to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).
3A
The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.
Personal independence payment
A1
Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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;
- (c) the National Assistance Act 1948;
- (d) the Supplementary Benefit Act 1966;
- (e) the Supplementary Benefits Acts 1976;
- (f) the Family Income Supplements Act 1970.
Note:
1
Abbreviations used in this Table are the same as those used in the Table of Derivations for the Social Security Contributions and Benefits Act. They are set out at the beginning of that Table.
2
The Table does not acknowledge the general changes made by paragraph 1 of Schedule 8 to the Health and Social Services and Social Security Adjudications Act 1983. That paragraph transferred adjudication functions to adjudication officers and social security appeal tribunals
3
The Table does not contain any entries in respect of section 66(2) of the Social Security Pensions Act 1975 (c. 60) which provides that, with certain exceptions, that Act and the Social Security Act 1975 (c. 14) shall have effect as if the provisions of the Social Security Pensions Act 1975 were contained in the Social Security Act 1975. The effect is that the general provisions of the Social Security Act 1975 apply to the provisions of the Social Security Pensions Act 1975.
4
The Table does not show the effect of transfer of functions orders.
Editorial notes
[^c24141361]: S. 1(1A)-(1C) inserted (7.11.1997 for the purposes of authorising the making of regs; 1.12.1997 for all other purposes) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 19, 25(1); S.I. 1997/2669, art. 2
[^c24141401]: S. 1(4)(aa) inserted (22.4.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 38; S.I. 1996/1126, art. 2(a)
[^c24141711]: Ss. 2A, 2B and cross-heading inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a)
[^c24141911]: 1990 c. 27.
[^c24141921]: S. 3 and cross-heading substituted (24.4.2000 for specified purposes, 9.4.2001 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 17; S.I. 2000/1047, art. 2(2)(a), Sch. Pt. I
[^c24141931]: S. 5(1)(e) substituted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 79(1)(a); S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1
[^c24142031]: S. 5(2)(aa) inserted (22.4.1996) Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 39; S.I. 1996/1126, art. 2(a)
[^c24142161]: S. 5(4) repealed (2.7.2001) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 79(2), Sch. 8; S.I. 2001/2316, art. 2(a)(c)(i)
[^c24142191]: S. 5(6) inserted (with unlimited retrospective effect) by Housing Act 1996 (c. 52), s. 120(1) (with s. 120(2))
[^c24142391]: Words in s. 7(3)(b) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 13
[^c24142611]: S. 7A and cross-heading inserted (11.11.1999) by the Welfare Reform and Pensions Act 1999 (c. 30), ss. 71, 89(4)(a)
[^c24142661]: Words substituted (5.10.99) in s. 11(1) by para. 3(b) of Sch. 1 to the Tax Credits Act 1999 (c. 10).
[^c24142681]: S. 13(1A)-(1C) inserted (17.4.2000 for specified purposes, 15.5.2000 in so far as not already in force) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 69, 89(1); S.I. 2000/1047, art. 2(1)
[^c24142741]: Words in s. 14(2) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 42; S.I. 1999/527, art. 2(b), Sch. 2
[^c24142761]: S. 15(1A) inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 3 para. 43; S.I. 1999/527, art. 2(b), Sch. 2
[^c24142781]: S. 15A and cross-heading inserted (1.7.1992) by Social Security (Mortgage Interest Payments) Act 1992 (c. 33), Sch. para. 1
[^c24143271]: 1972 c. 70.
[^c24143281]: 1973 c. 65.
[^c24143831]: S. 71(2) substituted (with effect where a determination under s. 71(1) made after 24.7.1996) by Social Security (Overpayments) Act 1996 (c. 51), s. 1(2) (with s. 1(5))
[^c24143841]: Words in s. 71(2) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 81; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1
[^c24143881]: S. 71(5A) inserted (with effect where a determination under s. 71(1) made after 24.7.1996) by Social Security (Overpayments) Act 1996 (c. 51), s. 1(4) (with s. 1(5))
[^c24143911]: Words in s. 71(5A) substituted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 81; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1
[^c24144061]: Words in s. 71(11)(b) omitted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)
[^c24144131]: S. 71ZA inserted (5.10.1998) by the Social Security Act 1998 (c. 14), ss. 75(1), 87(2) (with s. 75(2), Sch. 6 para. 8); S.I. 1998/2209, art. 2(e)
[^c24144171]: Words in s. 71A(1) substituted (18.10.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 82; S.I. 1999/2860, art. 2(c), Sch. 1
[^c24144241]: S. 72 repealed (7.10.1996) by the Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)
[^c24144251]: S. 71A and cross-heading inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), ss. 18, 41(2); S.I. 1996/2208, art. 2(b)
[^c24144261]: Word in s. 73(1) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(a); S.I. 1996/1509, art. 2, Sch.
[^c24144281]: Words in s. 73(1) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(b); S.I. 1996/1509, art. 2, Sch.
[^c24144351]: S. 73(4) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(3); S.I. 1996/1509, art. 2, Sch.
[^c24144561]: S. 74A inserted (1.10.1995) by Child Support Act 1995 (c. 34), ss. 25, 30(4); S.I. 1995/2302, art. 2(b), Sch. Pt. II
[^c24144671]: Words in s. 75(1) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 3; S.I. 1997/1577, art. 2, Sch.
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