Social Security Administration Act 1992
Social Security Administration Act 1992 (1992 c. 5)
- Social Security Administration Act 1992 (1992 c. 5)
- Part I Claims for and Payments and General Administration of Benefit
- Necessity of Claim
- 1 Entitlement to benefit dependent on claim
- 2 Retrospective effect of provisions making entitlement to benefit dependent on claim
- Work-focused interviews and work-related activity
- 2A Claim or full entitlement to certain benefits conditional on work-focused interview
- 2AA Full entitlement to certain benefits conditional on work-focused interview for partner
- 2B Supplementary provisions relating to work-focused interviews
- 2C Optional work-focused interviews
- 2D Work-related activity
- 2E Action plans in connection with work-focused interviews
- 2F Directions about work-related activity
- 2G Contracting-out
- 2H Good cause for failure to comply with regulations
- Bereavement benefits
- 3 Late claims for bereavement benefit where death is difficult to establish
- 4 Treatment of payments of benefit to certain widows
- Claims and payments regulations
- 5 Regulations about claims for and payments of benefit
- Community charge benefits etc.
- 6 Regulations about community charge benefits administration
- 7 Relationship between community charge benefits and other benefits
- Sharing of functions as regards certain claims and information
- 7A Sharing of functions as regards certain claims and information
- 7B Use of social security information
- Industrial injuries benefit
- 8 Notification of accidents, etc
- 9 Medical examination and treatment of claimants
- 10 Obligations of claimants
- Disabled person's tax credit
- 11 Initial claims and repeat claims
- The social fund
- 12 Necessity of application for certain payments
- Health in pregnancy grant
- 12A Necessity of application for health in pregnancy grant
- Child benefit
- 13 Necessity of application for child benefit
- 13A Election not to receive child benefit
- Statutory Sick pay
- 14 Duties of employees etc. in relation to statutory sick pay
- Statutory maternity pay
- 15 Duties of women etc. in relation to statutory maternity pay
- Payments in respect of mortgage interest etc
- 15A Payment out of benefit of sums in respect of mortgage interest etc
- Expenses in respect of vehicle hire etc.
- 15B Expenses of paying sums in respect of vehicle hire etc.
- Emergency payments
- 16 Emergency payments by local authorities and other bodies
- Part II Adjudication
- Adjudication by the Secretary of State
- 17 Questions for the Secretary of State
- 18 Appeal on question of law
- 19 Review of decisions
- Adjudication by adjudication officers
- 20 Claims and questions to be submitted to adjudication officer
- 21 Decision of adjudication officer
- Appeals from adjudication officers—general
- 22 Appeal to social security appeal tribunal
- 23 Appeal from social security appeal tribunal to Commissioner
- 24 Appeal from Commissioners on point of law
- Reviews—general
- 25 Review of decisions
- 26 Procedure for reviews
- 27 Reviews under s. 25—supplementary
- 28 Appeals following reviews or refusals to review
- 29 Review after claimant appeals
- Attendance allowance, disability living allowance and disability working allowance
- 30 Reviews of decisions of adjudication officers
- 31 Further reviews
- 32 Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance—supplementary
- 33 Appeals following reviews
- 34 Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners
- 35 Reviews of decisions on appeal
- Questions first arising on appeal
- 36 Questions first arising on appeal
- Reference of special questions
- 37 Reference of special questions
- Adjudication officers and the Chief Adjudication Officer
- 38 Adjudication officers
- 39 The Chief Adjudication Officer
- Social security appeal tribunals
- 40 Panels for appointment to social security appeal tribunals
- 41 Constitution of social security appeal tribunals
- Disability appeal tribunals
- 42 Panels for appointment to disability appeal tribunals
- 43 Constitution of disability appeal tribunals
- Adjudication in relation to industrial injuries and disablement benefit
- 44 Declaration that accident is an industrial accident
- 45 Disablement questions
- 46 Medical appeals and references
- 47 Review of medical decisions
- 48 Appeal etc. on question of law to Commissioner
- Adjudicating medical practitioners and medical appeal tribunals
- 49 Adjudicating medical practitioners
- 50 Constitution of medical appeal tribunals
- The President and full-time chairmen of tribunals
- 51 The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and regional chairmen and other full-time chairmen
- Social Security Commissioners
- 52 Appointment of Commissioners
- References by authorities
- 53 Power of adjudicating authorities to refer matters to experts
- 54 Claims relating to attendance allowance, disability living allowance and disability working allowance
- 55 Medical examination etc. in relation to appeals to disability appeal tribunals
- Determination of questions of special difficulty
- 56 Assessors
- 57 Tribunal of three Commissioners
- Medical examinations
- 57A Medical examinations of persons awarded attendance allowance or disability living allowance.
- Regulations
- 58 Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals
- 59 Procedure
- 60 Finality of decisions
- 61 Regulations about supplementary matters relating to determinations
- Incapacity for work
- 61A Adjudication: incapacity for work.
- Industrial diseases
- 62 Adjudication as to industrial diseases
- Housing benefit and community charge benefits
- 63 Adjudication
- Social fund officers and inspectors and the social fund Commissioner
- 64 Social fund officers
- 65 The social fund Commissioner and inspectors
- 66 Reviews
- Christmas bonus
- 67 Determination of questions
- Restrictions on entitlement to benefit following erroneous decision
- 68 Restrictions on entitlement to benefit in certain cases of error
- 69 Determination of questions on review following erroneous decisions
- Correction of errors
- 70 Regulations as to correction of errors and setting aside of decisions
- Part III Overpayments and adjustments of Benefit
- Misrepresentation etc
- 71 Overpayments—general
- 71ZA Overpayments out of social fund
- Recovery of benefit payments
- 71ZB Recovery of overpayments of certain benefits
- 71ZC Deduction from benefit
- 71ZD Deduction from earnings
- 71ZE Court action etc
- 71ZF Adjustment of benefit
- 71ZG Recovery of payments on account
- 71ZH Recovery of hardship payments etc
- Recovery of non-benefit payments
- 71ZI Overpayment of non-benefit payments: overview and recovery
- 71ZJ Overpayment of non-benefit payments: overpayment decision and notice
- 71ZK Overpayment of non-benefit payments: reviews and appeals
- Jobseeker's allowance
- 71A Recovery of jobseeker's allowance: severe hardship cases
- 72 Special provision as to recovery of income support
- Adjustments of benefits
- 73 Overlapping benefits—general
- 74 Income support and other payments
- 74A Payment of benefit where maintenance payments collected by Secretary of State
- Housing benefit
- 75 Overpayments of housing benefit
- Community charge benefits
- 76 Excess benefits
- 77 Shortfall in benefits
- Social fund awards
- 78 Recovery of social fund awards
- Northern Ireland payments
- 79 Recovery of Northern Ireland payments
- Adjustment of child benefit
- 80 Child benefit—overlap with benefits under legislation of ... member States
- Further provision about recovery
- 80A Further methods of recovery
- 80B Restrictions relating to further methods
- 80C Recovery from bank accounts
- 80D Disqualification from driving
- 80E Code of practice
- 80F Rights of audience
- 80H Recovery: further provision
- Part IV Recovery from compensation payments
- 81 Interpretation of Part IV
- Recovery from damages etc. of sums equivalent to benefit
- 82 Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases
- Payments, deductions and certificates
- 83 Time for making payment to Secretary of State
- 84 The certificate of total benefit
- 85 Exemption from deduction in cases involving small payments
- 86 Multiple compensation payments
- 87 Collaboration between compensators
- 88 Structured settlements
- 89 Insolvency
- 90 Protection of legal aid charges
- 91 Overpaid benefits
- 92 Death
- 93 Payments into court
- Administration and adjudication
- 94 Provision of information
- 95 Applications for certificates of total benefit
- 96 Liability of compensator unenforceable if certificate not issued within time limit
- 97 Review of certificates of total benefit
- 98 Appeals
- 99 Recovery in consequence of an appeal
- 100 Recovery of relevant payment in cases of default
- Miscellaneous
- 101 Persons in Northern Ireland
- 102 Foreign compensators: duties of intended recipient
- 103 Interest on damages: reductions in respect of relevant payments
- 104 The Crown
- Part V Income Support and the Duty to Maintain
- 105 Failure to maintain—general
- 106 Recovery of expenditure on benefit from person liable for maintenance
- 107 Recovery of expenditure on income support: additional amounts and transfer of orders
- 108 Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State
- 109 Diversion of arrested earnings to Secretary of State-Scotland
- Part VI Enforcement
- Inspection and offences
- 109A Authorisations for investigators
- 109B Power to require information
- 109BA Power of Secretary of State to require electronic access to information
- 109C Powers of entry
- 109I Independent review
- 109J Independent review: further provision
- 110 Appointment and powers of inspectors
- 110ZA Class 1, 1A, 1B or 2 contributions: powers to call for documents etc
- 110A Authorisations by local authorities
- 110AA Power of local authority to require electronic access to information
- 110B Powers of inspectors appointed under section 110A.
- 111 Delay, obstruction etc. of inspector
- 111A Dishonest representation for obtaining benefit etc
- 112 False representations for obtaining benefit etc
- 113 Breach of regulations
- 113A Statutory sick pay and statutory maternity pay: breach of regulations
- 113B Statutory sick pay and statutory maternity pay: fraud and negligence
- 113C Health in pregnancy grant: civil penalty for fraud, etc.
- 114 Offences relating to contributions
- 114A Penalties relating to contributions
- 115A Penalty as alternative to prosecution
- 115B Penalty as alternative to prosecution: colluding employers etc
- Civil penalties
- 115C Incorrect statements etc
- 115D Failure to disclose information
- Legal proceedings
- 116 Legal proceedings
- 116ZA Local authority powers to prosecute housing benefit and council tax benefit fraud
- 116A Local authority powers to prosecute other benefit fraud
- 117 Issues arising in proceedings
- 117A Issues arising in proceedings: contributions, etc
- Unpaid contributions etc
- 118 Evidence of non-payment
- 119 Recovery of unpaid contributions on prosecution
- 120 Proof of previous offences
- 121 Unpaid contributions—supplementary
- 121A Recovery of contributions etc. in England and Wales
- 121B Recovery of contributions etc. in Scotland
- 121C Liability of directors etc. for company's contributions
- 121D Appeals in relation to personal liability notices
- 121DA Interpretation of Part VI
- Part VII Information
- Eligibility verification
- 121DB Eligibility verification
- 121DC Independent review
- 121DD Independent review: further provision
- Information relating to, or required for purposes of, contributions, statutory sick pay or statutory maternity pay
- 121E Supply of contributions etc. information held by Inland Revenue
- 121F Supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State
- Information held by tax authorities
- 122 Supply of information held by tax authorities for fraud prevention and verification
- 122ZA Supply of tax information to assess certain employment or training schemes
- 122AA Disclosure of contributions etc. information by Her Majesty’s Revenue and Customs
- 122A Supply of information by Inland Revenue for purposes of contributions
- Other government information
- 122B Supply of other government information for fraud prevention and verification
- Authorities administering housing benefit or council tax benefit
- 122C Supply of information to authorities administering benefit
- 122D Supply of information by authorities administering benefit
- 122E Supply of information between authorities administering benefit
- Rent officers and housing benefit
- 122F Supply by rent officers of benefit information
- Persons employed or formerly employed in social security administration or adjudication
- 123 Unauthorised disclosure of information relating to particular persons
- The Registration Service
- 124 Provisions relating to age, death and marriage
- 124A Provisions relating to civil partnership: England and Wales
- 124B Provisions relating to civil partnership: Scotland
- 125 Regulations as to notification of deaths
- Personal representatives—income support and supplementary benefit
- 126 Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit
- Landlords and agents
- 126A Power to require information from landlords and agents
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- 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Expedited claims for housing and council tax benefit
- 128A Disclosure of information by authorities
- Statutory sick pay and other benefits
- 129 Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory sick pay
- 130 Duties of employers—statutory sick pay and claims for other benefits
- Statutory maternity pay and other benefits
- 131 Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory maternity pay
- 132 Duties of employers—statutory maternity pay and claims for other benefits
- Contributions avoidance arrangements
- 132A Disclosure of contributions avoidance arrangements
- Maintenance proceedings
- 133 Furnishing of addresses for maintenance proceedings, etc
- Universal Credit information
- 133A Supply of universal credit information
- Part VIII Arrangements for Housing Benefit and Community Charge Benefits and Related Subsidies
- Housing benefit
- 134 Arrangements for housing benefit
- 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Community charge benefits
- 138 Nature of benefits
- 139 Arrangements for community charge benefits
- Reports
- 139A Persons to report on administration
- 139B Powers of investigation
- 139BA Interaction with Audit Commission
- 139C Reports
- Directions by Secretary of State
- 139D Directions
- 139DA Directions: variation and revocation
- 139E Information about attainment of standards
- 139F Enforcement notices
- 139G Enforcement determinations
- 139H Enforcement determinations: supplementary
- Community charge benefit finance
- 140 Community charge benefit finance
- Subsidy
- 140A Subsidy
- 140B Calculation of amount of subsidy
- 140C Payment of subsidy
- 140D Rent rebate subsidy: accounting provisions
- Supplementary provisions
- 140E Financing of joint arrangements
- 140EE Financing of other expenditure
- 140F No requirement for annual orders
- 140G Interpretation: Part VIII
- Part IX Alteration of Contributions Etc.
- 141 Annual reviews of contributions
- 142 Orders under s.141—supplementary
- 143 Power to alter contributions with a view to adjusting level of National Insurance Fund
- 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 144 Orders under s. 143 ... —supplementary
- 145 Power to alter primary and secondary contributions
- 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- 147 Orders under ss. 145 and 146—supplementary
- 148 Revaluation of earnings factors
- 148A Revaluation of low earnings threshold
- 148AA Revaluation of flat rate accrual amount
- 148AC Revaluation for transitional pensions under Pensions Act 2014
- 148AD Revaluation of new state scheme pension debits and credits
- 149 Statutory sick pay—power to later limit for small employers' relief
- Part X Review and Alteration of Benefits
- 150 Annual up-rating of benefits
- 150A Annual up-rating of basic pension etc. and standard minimum guarantee
- 151 Up-rating—supplementary
- 151A Up-rating of transitional state pensions under Pensions Act 2014
- 152 Rectification of mistakes in orders under section 150 or 150A
- 153 Annual review of child benefit
- 154 Social security benefit in respect of children
- Part XI Computation Of Benefits
- 155 Effect of alternation of rates of benefit under Part II and V of Contributions and Benefits Act
- 155A Power to anticipate pensions up-rating order
- 156 Up-rating under section 150 above of pensions increased under section 52(3) of the Contributions and Benefits Act
- 157 Effect of alteration of rates of child benefit
- 158 Treatment of excess benefit as paid on account of child benefit
- 159 Effect of alteration in the component rates of income support
- 159A Effect of alteration of rates of a jobseeker's allowance
- 159B Effect of alterations affecting state pension credit
- 159C Effect of alteration of rates of an employment and support allowance
- 159D Effect of alterations affecting universal credit
- 159E Effect of alteration of rates of personal independence payment
- 160 Implementation of increase in income support due to attainment of particular ages
- 160A Implementation of increase in income-based jobseeker's allowance due to attainment of particular ages
- 160B Implementation of increases in employment and support allowance due to attainment of particular ages
- Part XII Finance
- 161 National Insurance Fund
- 162 Destination of contributions
- 163 General financial arrangements
- 164 Destination of repayments etc
- 165 Adjustments between National Insurance Fund and Consolidated Fund
- 166 Financial review and report
- 167 The social fund
- 168 Allocations from social fund
- 169 Adjustments between social fund and other sources of finance
- Part XIII Advisory Bodies And Consultation
- The Social Security Advisory Committee and the Industrial Injuries Advisory Council
- 170 The Social Advisory Committee
- 171 The Industrial Induries Advisory Council
- 172 Functions of Committee and Council in relation to regulations
- 173 Cases in which consultation is not required
- 174 Committee's report on regulations and Secretary of State's duties
- ...
- 175 Disability Living Allowance Advisory Board
- Housing benefit and community charge benefits
- 176 Consultation with representative organisations
- Part XIV Social Security Systems Outside Great Britain
- Co-ordination
- 177 Co-ordination with Northern Ireland
- Reciprocity
- 178 Reciprocal arrangements with Northern Ireland - income-related benefits and child benefit
- 179 Reciprocal agreements with countries outside the United Kingdom
- 179A Exchange of information with overseas authorities
- Part XV Miscellaneous
- Travelling expenses
- 180 Payment of travelling expenses by the Secretary of State
- 180A Payments of travelling expenses by the Commissioners of Inland Revenue
- Offences
- 181 Impersonation of officers
- 182 Illegal possession of documents
- Redirection of post
- 182A Return of social security post
- 182B Requirement to supply information about redirection of post
- National insurance numbers
- 182C Requirement to apply for national insurance number
- Industrial injuries and diseases
- 183 Research on industrial injuries, etc
- 184 Control of pneumoconiosis
- Workmen's compensation etc
- 185 Administration of workmen's compensation etc
- Supplementary benefit etc
- 186 Application of provisions of Act to supplementary benefit etc
- Miscellaneous
- 187 Certain benefit to be inalienable
- 188 Exemption from stamp duty
- Part XVI General
- Subordinate legislation
- 189 Regulations and orders—general
- 190 Parliamentary control of orders and regulations
- Supplementary
- 191 Interpretation—general
- 192 Short title, commencement and extent
- SCHEDULES
- SCHEDULE 1 Claims for benefit made or treated as made before 1st October 1990
- Claims made or treated as made on or after 2nd September 1985 and before 1st October 1986
- Claims made or treated as made on or after 1st October 1986 and before 6th April 1987
- Claims made or treated as made on or after 6th April 1987 and before 21st July 1989
- Claims made or treated as made on or after 21st July 1989 and before 13th July 1990
- Claims made or treated as made on or after 13th July 1990 and before 1st October 1990
- SCHEDULE 2 Commissioners, tribunals etc – supplementary provisions
- Tenure of offices
- Remuneration etc. for President and Chairmen
- Officers and staff
- Clerks to social security appeal tribunals and disability appeal tribunals
- Miscellaneous administrative duties of President
- Remuneration etc
- Certificates of decisions
- SCHEDULE 3 Regulations as to procedure
- Interpretation
- Provisions which may be made
- Schedule 3ZA Recovery of amounts from bank accounts etc
- Part 1 deductions from accounts
- Direct deduction orders
- Accounts which may be subject to a direct deduction order
- Requirement for banks to provide information
- Joint accounts
- Further requirements before making a direct deduction order
- Amounts of deductions
- Content and effect of direct deduction orders
- Bank’s administrative costs
- Insufficient funds
- Non-working days
- Restrictions on accounts
- Applications to vary
- Variation
- Revocation of direct deduction order
- Further information notices
- Suspension of direct deduction orders
- Cessation on death of liable person
- Reviews
- Appeals
- Part 2 Penalties
- Penalties for failure to comply
- Recovery of penalties
- Appeal against a penalty notice
- Part 3 General
- Deputies
- Interpretation
- Regulations
- Schedule 3ZB Disqualification from driving
- Suspended DWP disqualification orders
- Immediate DWP disqualification orders
- Terms of repayment
- Variation and revocation of orders
- Holding of driving licence for period of disqualification
- Appeals
- DWP disqualification orders: further provision
- Information sharing
- Northern Ireland licences
- SCHEDULE 3A Health in pregnancy grant: Civil penalty for fraud, etc.
- Penalty
- Appeal
- Mitigation
- Time limit
- Recovery
- Schedule 3B Eligibility verification
- Part 1 Power to require information
- Power to require information by way of an eligibility verification notice
- Types of person to whom an eligibility verification notice can be given
- Eligibility indicators
- Further provision about eligibility verification notices
- Use of information obtained
- Restrictions on disclosure
- Part 2 Penalties
- Fixed penalty for failure to comply with an eligibility verification notice
- Daily rate penalty for continuing failure to comply
- Increased daily rate penalties
- Penalties for inaccurate or prohibited information
- Recovery of penalties
- Power to change maximum amount of penalties
- Part 3 Reviews
- Part 4 Appeals
- Appeals against eligibility verification notices
- Appeals against penalty notices
- Appeals: further provision
- Part 5 Code of practice
- Requirement to issue a code of practice
- Code of practice: revisions
- Part 6 General provision and interpretation
- Relevant benefits
- Accounts
- Service
- General interpretation
- Relationship with other powers
- SCHEDULE 4 Persons employed in social security administration or adjudication
- Part I The specified persons
- Government departments
- Other public departments and offices
- Local authorities etc
- Adjudication officers
- Adjudicating bodies
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- The Occupational Pensions Board
- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- Former officers
- Part II Construction of references to government departments etc.
- SCHEDULE 5 Social Security Advisory Committee
- SCHEDULE 6 Industrial Injuries Advisory Council
- SCHEDULE 7 Regulations not requiring prior submission
- Part I Social Security Advisory Committee
- Personal independence payment
- Disability living allowance
- Industrial Injuries
- Up-rating etc
- Benefit cap
- Earnings limits
- Married women and widows – reduced rate contributions
- Child benefit
- Statutory maternity pay and statutory sick pay
- Procedural rules for tribunals
- Consolidation
- Part II Industrial Injuries Advisory Council
- SCHEDULE 9 Old Cases payments administration
- Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act
- Provisions ancillary to paragraph 4 of Schedule 8
- Adjustment of benefit in certain cases
- Overpayments
- SCHEDULE 10 Supplementary benefit etc.
- Interpretation
- Adjudication
- Overpayments etc
- Inspection
- Legal proceedings
- TABLE OF DERIVATIONS
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