Social Security Administration Act 1992
Except in such cases as may be prescribed, and subject to the following provisions of this section and to section 3 below, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
he makes a claim for it in the manner, and within the time, prescribed in relation to that benefit by regulations under this Part of this Act; or
he is treated by virtue of such regulations as making a claim for it.
Where under subsection (1) a person is required to make a claim or to be treated as making a claim for a benefit in order to be entitled to it, the person is not entitled to it in respect of any period more than 12 months before the date on which the claim is made or treated as made.
if the benefit is a widow’s payment, she shall not be entitled to it in respect of a death occurring more than 12 months before the date on which the claim is made or treated as made; and
if the benefit is any other benefit except disablement benefit or reduced earnings allowance, the person shall not be entitled to it in respect of any period more than 12 months before that date,
No person whose entitlement to any benefit depends on his making a claim shall be entitled to the benefit unless subsection (1B) below is satisfied in relation both to the person making the claim and to any other person in respect of whom he is claiming benefit.
Where a person purports to make a claim on behalf of another— that other shall be regarded for the purposes of this section as making the claim, notwithstanding that it is made without his knowledge or authority.
for an attendance allowance by virtue of section 66(1) of the Contributions and Benefits Act; ...
for personal independence payment by virtue of section 82 of the Welfare Reform Act 2012; or
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This subsection is satisfied in relation to a person if—
the claim is accompanied by—
a statement of the person's national insurance number and information or evidence establishing that that number has been allocated to the person; or
information or evidence enabling the national insurance number that has been allocated to the person to be ascertained; or
the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
In this section and section 2 below “benefit” means—
benefit as defined in section 122 of the Contributions and Benefits Act;
universal credit;
any income-related benefit.
state pension or a lump sum under Part 1 of the Pensions Act 2014;
bereavement support payment under section 30 of the Pensions Act 2014;
a jobseeker's allowance;
state pension credit;
an employment and support allowance; and
personal independence payment.
Regulations may make provision disapplying subsection (1A) above in the case of—
prescribed benefits;
prescribed descriptions of persons making claims; or
prescribed descriptions of persons in respect of whom benefit is claimed, or in other prescribed circumstances.
This section (which corresponds to section 165A of the 1975 Act, as it had effect immediately before this Act came into force) applies to claims made on or after 1st October 1990 or treated by virtue of regulations under that section or this section as having been made on or after that date.
Schedule 1 to this Act shall have effect in relation to other claims.
But subsection (2) does not apply—
to disablement benefit or reduced earnings allowance, or
in a case where a claim for the benefit is made or treated as made by virtue of section 3(2).
This section applies where a claim for benefit is made or treated as made at any time on or after 2nd September 1985 (the date on which section 165A of the 1975 Act (general provision as to necessity of claim for entitlement to benefit), as originally enacted, came into force) in respect of a period the whole or any part of which falls on or after that date.
Where this section applies, any question arising as to—
whether the claimant is or was at any time (whether before, on or after 2nd September 1985) entitled to the benefit in question, or to any other benefit on which his entitlement to that benefit depends; or
in a case where the claimant's entitlement to the benefit depends on the entitlement of another person to a benefit, whether that other person is or was so entitled, shall be determined as if the relevant claim enactment and any regulations made under or referred to in that enactment had also been in force, with any necessary modifications, at all times relevant for the purpose of determining the entitlement of the claimant, and, where applicable, of the other person, to the benefit or benefits in question (including the entitlement of any person to any benefit on which that entitlement depends, and so on).
In this section “the relevant claim enactment” means section 1 above as it has effect in relation to the claim referred to in subsection (1) above.
In any case where— then, in determining whether the conditions of entitlement to the benefit so claimed, are satisfied, the person to whom benefit was awarded as mentioned in paragraphs (a) and (b) above shall be taken to have been entitled to the benefit so awarded, notwithstanding anything in subsection (2) above.
a claim for benefit was made or treated as made (whether before, on or after 2nd September 1985, and whether by the same claimant as the claim referred to in subsection (1) above or not), and benefit was awarded on that claim, in respect of a period falling wholly or partly before that date; but
that award would not have been made had the current requirements applied in relation to claims for benefit, whenever made, in respect of periods before that date; and
entitlement to the benefit claimed as mentioned in subsection (1) above depends on whether the claimant or some other person was previously entitled or treated as entitled to that or some other benefit,
In subsection (4) above “the current requirements” means—
the relevant claim enactment, and any regulations made or treated as made under that enactment, or referred to in it, as in force at the time of the claim referred to in subsection (1) above, with any necessary modifications; and
subsection (1) (with the omission of the words following “at any time”) and subsections (2) and (3) above.
This section applies where a person's spouse or civil partner has died or may be presumed to have died on or after the appointed day and the circumstances are such that—
more than 12 months have elapsed since the date of death; and
either
the spouse's or civil partner's body has not been discovered or identified or, if it has been discovered and identified, the surviving spouse or civil partner does not know that fact; or
less than 12 months have elapsed since the surviving spouse or civil partner first knew of the discovery and identification of the body.
no claim for any of the widowhood benefits, that is to say— was made or treated as made in respect of the death by the woman before 13th July 1990 (the coming into force of section 6 of the Social Security Act 1990, which inserted in the 1975 Act section 165C, the provision of that Act corresponding to this section).
widow’s benefit,
an invalidity pension under section 15 of the Pensions Act, or
a Category A retirement pension by virtue of subsection (5) of that section,
Where this section applies, notwithstanding that any time prescribed for making a claim for a bereavement benefit in respect of the death has elapsed, then— such a claim may be made or treated as made at any time before the expiration of the period of 12 months beginning with the date on which that decision was made or, as the case may be, the date on which the surviving spouse or civil partner first knew of the discovery and identification.
in any case falling within paragraph (b) (i) of subsection (1) above where it has been decided under section 8 of the Social Security Act 1998 that the spouse or civil partner has died or is presumed to have died; or
under subsection (1)(b) of section 20 below on a claim made by the woman; or
under subsection (4) of that section on the submission of a question by her,
in any case falling within paragraph (b) (ii) of subsection (1) above where the identification was made not more than 12 months before the surviving spouse or civil partner first knew of the discovery and identification of the body,
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a widow’s payment in respect of the husband’s death more than 12 months before the date on which the claim is made or treated as made; or
any other widowhood benefit in respect of his death for a period more than 12 months before that date,
In subsection (1) above “the appointed day” means the day appointed for the coming into force of sections 54 to 56 of the Welfare Reform and Pensions Act 1999.
In subsection (2) “bereavement benefit” means—
bereavement support payment, or
widowed parent's allowance.
In any case where— the payment so made shall be treated as a payment of that pension or allowance; and, if and to the extent that an award of the pension or allowance, or an award at a higher rate, is made for the period in respect of which the payment was made, the payment shall be treated as made in accordance with that award.
a claim for a window's pension or a widowed mother's allowance is made, or treated as made, before 13th July 1990 (the date of the passing of the Social Security Act 1990); and
the Secretary of State has made a payment to or for the claimant on the ground that if the claim had been received immediately after the passing of that Act she would have been entitled to that pension or allowance, or entitled to it at a higher rate, for the period in respect of which the payment is made,
For the purposes of subsection (1) a man born before 6 December 1953 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age.
The benefits to which this section applies are—
income support;
housing benefit;
council tax benefit;
widow's and bereavement benefits falling within section 20(1)(e) and (ea) of the Contributions and Benefits Act ... ;
incapacity benefit;
severe disablement allowance; and
carer’s allowance.
No requirement may be imposed by virtue of this section on a person who—
is not a member of a couple, and
is responsible for, and a member of the same household as, a child under the age of one.
For the purposes of subsection (2A)(b) regulations may make provision—
as to circumstances in which one person is to be treated as responsible or not responsible for another;
as to circumstances in which persons are to be treated as being or not being members of the same household.
Regulations under this section may, in particular, make provision—
for securing, where a person would otherwise be required to take part in interviews relating to two or more benefits—
that he is only required to take part in one interview, and
that any such interview is capable of counting for the purposes of all those benefits;
for determining the persons by whom interviews are to be conducted;
conferring power on such persons or the designated authority to determine when and where interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);
prescribing the circumstances in which persons attending interviews are to be regarded as having or not having taken part in them;
for securing that the appropriate consequences mentioned in subsection (4)(a) or (b) below ensue if a person who has been notified that he is required to take part in an interview—
fails to take part in the interview, and
does not show, within the prescribed period, that he had good cause for that failure;
prescribing—
matters which are or are not to be taken into account in determining whether a person does or does not have good cause for any failure to comply with the regulations, or
circumstances in which a person is or is not to be regarded as having or not having good cause for any such failure.
For the purposes of subsection (3)(e) above the appropriate consequences of a failure falling within that provision are—
where the requirement to take part in an interview applied by virtue of subsection (1)(a) above, that as regards any relevant benefit either—
the person in question is to be regarded as not having made a claim for the benefit, or
if (in the case of an interview postponed in accordance with subsection (7)) that person has already been awarded the benefit, his entitlement to the benefit is to terminate immediately;
where the requirement to take part in an interview applied by virtue of subsection (1)(b) above, that the amount payable to the person in question in respect of any relevant benefit is to be reduced by the specified amount until the specified time.
Regulations under this section may, in relation to any such reduction, provide—
for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;
where the person in question is entitled to two or more relevant benefits, for determining the extent, and the order, in which those benefits are to be reduced in order to give effect to the reduction required in his case.
Regulations under this section may provide that any requirement to take part in an interview that would otherwise apply to a person by virtue of such regulations— and the regulations may make provision for treating a person in relation to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.
is, in any prescribed circumstances, either not to apply or not to apply until such time as is specified;
is not to apply if the designated authority determines that an interview-
would not be of assistance to that person, or
would not be appropriate in the circumstances;
is not to apply until such time as the designated authority determines, if that authority determines that an interview-
would not be of assistance to that person, or
would not be appropriate in the circumstances, until that time;
Where— the time to which it is so postponed may be a time falling after an award of the relevant benefit to that person.
a person is required to take part in an interview by virtue of subsection (1)(a), and
the interview is postponed by or under regulations made in pursuance of subsection (6)(a) or (c),
Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.
In this section—
A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).
“eligibility verification notice” has the meaning given in paragraph 1(1);
a person (“the claimant”) who—
has not attained pensionable age (but see subsection (1A)), and
has a partner who has also not attained pensionable age,
For the purposes of subsection (1) a man born before 6 December 1953 is treated as attaining pensionable age when a woman born on the same day as the man would attain pensionable age.
The benefits to which this section applies are—
income support;
an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance;
incapacity benefit;
severe disablement allowance; and
carer's allowance; and
an employment and support allowance.
For the purposes of this section a benefit is payable to a person at a higher rate referable to his partner if the amount that is payable in his case—
is more than it would be if the person concerned was not a member of a couple; or
includes an increase of benefit for his partner as an adult dependant of his.
Regulations under this section may, in particular, make provision—
for securing, where the partner of the claimant would otherwise be required to take part in work-focused interviews relating to two or more benefits—
that the partner is required instead to take part in only one such interview; and
that the interview is capable of counting for the purposes of all those benefits;
in a case where the claimant has more than one partner, for determining which of those partners is required to take part in the work-focused interview or requiring each of them to take part in such an interview;
for determining the persons by whom work-focused interviews are to be conducted;
conferring power on such persons or the designated authority to determine when and where work-focused interviews are to take place (including power in prescribed circumstances to determine that they are to take place in the homes of those being interviewed);
prescribing the circumstances in which partners attending work-focused interviews are to be regarded as having or not having taken part in them;
for securing that if— the amount payable to the claimant in respect of the benefit in relation to which the requirement applied is to be reduced by the specified amount until the specified time;
a partner who has been notified of a requirement to take part in a work-focused interview fails to take part in it, and
it is not shown (by him or by the claimant), within the prescribed period, that he had good cause for that failure,
prescribing—
matters which are or are not to be taken into account in determining whether a partner does or does not have good cause for any failure to comply with the regulations; or
circumstances in which a partner is or is not to be regarded as having or not having good cause for any such failure.
Regulations under this section may, in relation to a reduction under subsection (4)(f), provide—
for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent;
where the claimant is entitled to two or more benefits in relation to each of which a requirement to take part in a work-focused interview applied, for determining the extent to, and the order in, which those benefits are to be reduced in order to give effect to the reduction required in his case.
Regulations under this section may provide that any requirement to take part in a work-focused interview that would otherwise apply to a partner by virtue of the regulations— and the regulations may make provision for treating a partner to whom any such requirement does not apply, or does not apply until a particular time, as having complied with that requirement to such extent and for such purposes as are specified.
is, in any prescribed circumstances, either not to apply or not to apply until the specified time;
is not to apply if the designated authority determines that such an interview would not be of assistance to him or appropriate in the circumstances;
is not to apply until such time as the designated authority determines (if that authority determines that such an interview would not be of assistance to him or appropriate in the circumstances until that time);
Information supplied in pursuance of regulations under this section shall be taken for all purposes to be information relating to social security.
In this section—
A county council in England or a person providing services to, or authorised to exercise any function of, such a council may be specified as the designated authority only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).
Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions made under regulations under section 2A or 2AA subject to and in accordance with subsections (3) to (8) below (and in those subsections “the 1998 Act” means that Act).
For the purposes of this section a “relevant decision” , in relation to regulations under section 2A above, is a decision that a person—
has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or
has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.
For the purposes of this section a “relevant decision”, in relation to regulations under section 2AA above, is a decision that—
the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or
it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure.
Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A or 2AA above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.
For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).
Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (4) above) treated as made, by the Secretary of State may be— as if that person or authority were the Secretary of State.
revised under section 9 by a person or authority exercising functions under regulations under section 2A or 2AA above other than the Secretary of State, or
superseded under section 10 by a decision made by such a person or authority,
Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to First-tier Tribunal) against—
any relevant decision, and
any decision under section 10 of that Act superseding any such decision, whether made by the Secretary of State or otherwise.
Subsections (4) to (6) above apply whether— is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (6) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.
the relevant decision, or
(in the case of subsection (6)(b)) the decision under section 10 of the 1998 Act,
Section 12 of the 1998 Act shall not apply to any decision falling within subsection (6) above except in accordance with regulations under that subsection.
In ... any reference to information relating to social security includes any information supplied by a person for the purposes of an interview which he is required to take part in by virtue of section 2A or 2AA above.
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section 72(6) of the Welfare Reform and Pensions Act 1999 (supply of information),
In this section “interview” means a work-focused interview within the meaning of section 2A above.
Regulations may make provision for conferring on local authorities or, subject to subsection (3A), county councils in England functions in connection with conducting work-focused interviews in cases where such interviews are requested or consented to by persons to whom this section applies.
This section applies to — and it so applies regardless of whether such persons have, in accordance with regulations under section 2A or 2AA above, already taken part in interviews conducted under such regulations.
persons making claims for or entitled to any of the benefits listed in section 2A(2) above or any prescribed benefit; and
partners of persons entitled to any of the benefits listed in section 2AA(2) above or any prescribed benefit;
The functions which may be conferred on a local authority or on a county council in England by regulations under this section include functions relating to—
the obtaining and receiving of information for the purposes of work-focused interviews conducted under the regulations;
the recording and forwarding of information supplied at, or for the purposes of, such interviews;
the taking of steps to identify potential employment or training opportunities for persons taking part in such interviews.
Regulations under this section may confer functions on a county council in England only in relation to interviews with persons to whom the council is required to make support services available under section 68(1) of the Education and Skills Act 2008 (support services: provision by local authorities).
Regulations under this section may make different provision for different areas or different authorities.
In this section “work-focused interview”, in relation to a person to whom this section applies, means an interview conducted for such purposes connected with employment or training in the case of such a person as may be prescribed; and the purposes which may be so prescribed include—
purposes connected with the existing or future employment or training prospects or needs of such a person, and
(in particular) assisting or encouraging such a person to enhance his employment prospects.
Regulations may make provision for or in connection with imposing on a person who— a requirement to undertake work-related activity in accordance with regulations as a condition of continuing to be entitled to the full amount of income support payable apart from the regulations.
is entitled to income support, and
is not a lone parent of a child under the age of 3,
Regulations may make provision for or in connection with imposing on a person (“P”) who— a requirement to undertake work-related activity in accordance with regulations as a condition of the benefit continuing to be payable to C at that rate.
is under pensionable age, and
is a member of a couple the other member of which (“C”) is entitled to a benefit to which subsection (3) applies at a higher rate referable to P,
The benefits to which this subsection applies are—
income support;
an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and
an income-related employment and support allowance.
Regulations under this section may, in particular, make provision—
prescribing circumstances in which a person is to be subject to any requirement imposed by the regulations (a “relevant requirement”);
for notifying a person of a relevant requirement;
prescribing the time or times at which a person who is subject to a relevant requirement is required to undertake work-related activity and the amount of work-related activity the person is required at any time to undertake;
prescribing circumstances in which a person who is subject to a relevant requirement is, or is not, to be regarded as undertaking work-related activity;
in a case where C is a member of more than one couple, for determining which of the members of the couples is to be subject to a relevant requirement or requiring each of them to be subject to a relevant requirement;
for securing that the appropriate consequence follows if —
a person who is subject to a relevant requirement has failed to comply with the requirement, and
it is not shown, within a prescribed period, that the person had good cause for that failure;
prescribing the evidence which a person who is subject to a relevant requirement needs to provide in order to show compliance with the requirement;
prescribing matters which are, or are not, to be taken into account in determining whether a person had good cause for any failure to comply with a relevant requirement;
prescribing circumstances in which a person is, or is not, to be regarded as having good cause for any such failure.
For the purposes of subsection (4)(f) the appropriate consequence is that the amount of the benefit payable is to be reduced by the prescribed amount until the prescribed time.
Regulations under subsection (5) may, in relation to any such reduction, provide—
for the amount of the reduction to be calculated in the first instance by reference to such amount as may be prescribed;
for the amount as so calculated to be restricted, in prescribed circumstances, to the prescribed extent.
Regulations under this section may include provision that in such circumstances as the regulations may provide a person's obligation under the regulations to undertake work-related activity at a particular time is not to apply, or is to be treated as not having applied.
Regulations under this section must include provision for securing that lone parents are entitled (subject to meeting any prescribed conditions) to restrict the times at which they are required to undertake work-related activity.
For the purposes of this section and sections 2E and 2F—
“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;
“lone parent” means a person who—
is not a member of a couple, and
is responsible for, and a member of the same household as, a child;
“prescribed” means specified in, or determined in accordance with, regulations;
“work-related activity”, in relation to a person, means activity which makes it more likely that the person will obtain or remain in work or be able to do so;
any reference to a person attaining pensionable age is, in the case of a man born before 6 December 1953, a reference to the time when a woman born on the same day as the man would attain pensionable age;
any reference to a benefit payable to C at a higher rate referable to P is a reference to any case where the amount payable is more than it would be if C and P were not members of the same couple.
For the purposes of this section regulations may make provision—
as to circumstances in which one person is to be treated as responsible or not responsible for another;
as to circumstances in which persons are to be treated as being or not being members of the same household.
Information supplied in pursuance of regulations under this section is to be taken for all purposes to be information relating to social security.
The Secretary of State must in prescribed circumstances provide a document (referred to in this section as an “action plan”) prepared for such purposes as may be prescribed to a person who is subject to a requirement imposed under section 2A or 2AA in relation to any of the following benefits.
The benefits are—
income support;
an income-based jobseeker's allowance other than a joint-claim jobseeker's allowance; and
an income-related employment and support allowance.
Regulations may make provision about—
the form of action plans;
the content of action plans;
the review and updating of action plans.
Regulations under this section may, in particular, make provision for action plans which are provided to a person who is subject under section 2D to a requirement to undertake work-related activity to contain particulars of activity which, if undertaken, would enable the requirement to be met.
Regulations may make provision for reconsideration of an action plan at the request of the person to whom it is provided and may, in particular, make provision about—
the circumstances in which reconsideration may be requested;
the period within which any reconsideration must take place;
the matters to which regard must be had when deciding on reconsideration whether the plan should be changed;
notification of the decision on reconsideration;
the giving of directions for the purpose of giving effect to the decision on reconsideration.
In preparing any action plan, the Secretary of State must have regard (so far as practicable) to its impact on the well-being of any person under the age of 16 who may be affected by it.
In prescribed circumstances, the Secretary of State may by direction given to a person subject to a requirement imposed under section 2D provide that the activity specified in the direction is—
to be the only activity which, in the person's case, is to be regarded as being work-related activity; or
to be regarded, in the person's case, as not being work-related activity.
But a direction under subsection (1) may not specify medical or surgical treatment as the only activity which, in any person's case, is to be regarded as being work-related activity.
A direction under subsection (1) given to any person—
must be reasonable, having regard to the person's circumstances;
must be given to the person by being included in an action plan provided to the person under section 2E; and
may be varied or revoked by a subsequent direction under subsection (1).
Where a direction under subsection (1) varies or revokes a previous direction, it may provide for the variation or revocation to have effect from a time before the giving of the direction.
The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—
conducting interviews under section 2A or 2AA;
providing documents under section 2E;
giving, varying or revoking directions under section 2F.
Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—
any function under regulations under any of sections 2A to 2F, except the making of an excluded decision (see subsection (3));
the function under section 9(1) of the 1998 Act (revision of decisions) so far as relating to decisions (other than excluded decisions) that relate to any matter arising under regulations under any of sections 2A to 2F;
the function under section 10(1) of the 1998 Act (superseding of decisions) so far as relating to decisions (other than excluded decisions) of the Secretary of State that relate to any matter arising under regulations under any of sections 2A to 2F;
any function under Chapter 2 of Part 1 of the 1998 Act (social security decisions), except section 25(2) and (3) (decisions involving issues arising on appeal in other cases), which relates to the exercise of any of the functions within paragraphs (a) to (c).
Each of the following is an “excluded decision” for the purposes of subsection (2)—
a decision about whether a person has failed to comply with a requirement imposed by regulations under section 2A, 2AA or 2D;
a decision about whether a person had good cause for failure to comply with such a requirement;
a decision about the reduction of a benefit in consequence of a failure to comply with such a requirement.
Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—
either wholly or to such extent as the regulations may provide,
either generally or in such cases as the regulations may provide, and
either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.
An authorisation given by virtue of any provision made by or under this section may authorise the exercise of the function concerned— but, in the case of an authorisation given by virtue of regulations under subsection (2), this subsection is subject to the regulations.
either wholly or to such extent as may be specified in the authorisation,
either generally or in such cases as may be so specified, and
either unconditionally or subject to the fulfilment of such conditions as may be so specified;
An authorisation given by virtue of any provision made by or under this section—
may specify its duration,
may be revoked at any time by the Secretary of State, and
does not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.
Anything done or omitted to be done by or in relation to an authorised person (or an employee of that person) in, or in connection with, the exercise or purported exercise of the function concerned is to be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.
But subsection (7) does not apply—
for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or
for the purposes of any criminal proceedings brought in respect of anything done by the authorised person (or an employee of that person).
Any decision which an authorised person makes in exercise of the function concerned has effect as a decision of the Secretary of State under section 8 of the 1998 Act.
Where— the authorised person is entitled to treat the contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).
the authorisation of an authorised person is revoked at any time, and
at the time of the revocation so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function is subsisting,
In this section—
“the 1998 Act” means the Social Security Act 1998;
“authorised person” means a person authorised to exercise any function by virtue of any provision made by or under this section;
references to functions of the Secretary of State under any enactment (including one comprised in regulations) include functions which the Secretary of State has by virtue of the application of section 8(1)(c) of the 1998 Act in relation to the enactment.
This section applies to any regulations made under section 2A, 2AA or 2D that prescribe matters to be taken into account in determining whether a person has good cause for any failure to comply with the regulations.
The provision made by the regulations prescribing those matters must include provision relating to—
the person's physical or mental health or condition;
the availability of childcare.
Regulations may provide—
for requiring a claim for a benefit to which this section applies to be made by such person, in such manner and within such time as may be prescribed;
for treating such a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;
for permitting such a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;
for permitting an award on such a claim to be made for such a period subject to —
the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or
other prescribed conditions;
for any such award to be revised under section 9 of the Social Security Act 1998, or superseded under section 10 of that Act, if any of the conditions referred to in paragraph (d) are found not to have been satisfied;
for the disallowance on any ground of a person's claim for a benefit to which this section applies to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;
for enabling one person to act for another in relation to a claim for a benefit to which this section applies (including in particular, in the case of a benefit to be claimed by persons jointly, enabling one person to claim for such persons jointly) and for enabling such a claim to be made and proceeded with in the name of a person who has died;
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for the person to whom, time when and manner in which a benefit to which this section applies is to be paid and for the information and evidence to be furnished in connection with the payment of such a benefit;
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for notice to be given of any change of circumstances affecting the continuance of entitlement to such a benefit or payment of such a benefit or of any other change of circumstance of a prescribed description;
for the day on which entitlement to such a benefit is to begin or end;
for calculating the amounts of such a benefit according to a prescribed scale or otherwise adjusting them so as to avoid fractional amounts or facilitate computation;
for extinguishing the right to payment of such a benefit if payment is not obtained within such period, not being less than 12 months, as may be prescribed from the date on which the right is treated under the regulations as having arisen;
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the conditions for entitlement are or were fulfilled;
an award ought to be revised;
an appeal ought to be brought against an award;
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for the circumstances and manner in which payments of such a benefit may be made to another person on behalf of the beneficiary for any purpose, which may be to discharge, in whole or in part, an obligation of the beneficiary or any other person;
for the payment or distribution of such a benefit to or among persons claiming to be entitled on the death of any person and for dispensing with strict proof of their title;
where no claim has been made and it is impracticable for one to be made immediately;
where a claim has been made and it is impracticable for the claim or an appeal, reference, review or application relating to it to be immediately determined;
where an award has been made but it is impracticable to pay the whole immediately
This section applies to the following benefits—
benefits as defined in section 122 of the Contributions and Benefits Act;
universal credit;
income support;
state pension or a lump sum under Part 1 of the Pensions Act 2014;
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bereavement support payment under section 30 of the Pensions Act 2014;
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housing benefit;
a jobseeker's allowance;
any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
state pension credit
child benefit; and
an employment and support allowance;
Christmas bonus.
personal independence payment;
health in pregnancy grant;
Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—
a claim or award relating to a benefit to which this section applies, or
potential claims or awards relating to such a benefit.
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The regulations may also require such persons as are prescribed to provide a rent officer with information or evidence of such description as is prescribed.
Subsection (1)(g), (i), (1)(p) and (q) above shall have effect as if statutory sick pay , statutory maternity pay , statutory paternity pay, statutory adoption pay , statutory shared parental pay , statutory parental bereavement pay and statutory neonatal care pay were benefits to which this section applies.
For the purposes of subsection (2A), the Secretary of State may prescribe any description of information or evidence which he thinks is necessary or expedient to enable rent officers to carry out their functions under section 122 of the Housing Act 1996.
Information or evidence required to be provided by virtue of subsection (2A) may relate to an individual claim or award or to any description of claims or awards.
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The power in subsection (1)(i) above to make provision for the person to whom a benefit is to be paid includes, in the case of a benefit awarded to persons jointly, power to make provision for the Secretary of State to determine to which of them all or any part of a payment should be made, and in particular for the Secretary of State—
to determine that payment should be made to whichever of those persons they themselves nominate, or
to determine that payment should be made to one of them irrespective of any nomination by them.
As it has effect in relation to universal credit or housing benefit subsection (1)(p) above authorises provision requiring the making of payments of benefit to another person, on behalf of the beneficiary, in such circumstances as may be prescribed.
Regulations may provide as follows as regards council tax benefit—
for requiring a claim for a benefit to be made by such person, in such manner and within such time as may be prescribed;
for treating a claim made in such circumstances as may be prescribed as having been made at such date earlier or later than that at which it is made as may be prescribed;
for permitting a claim to be made, or treated as if made, for a period wholly or partly after the date on which it is made;
for permitting an award on a claim to be made for such a period subject to the condition that the claimant satisfies the requirements for entitlement when benefit becomes payable, or any right to a reduction ... becomes available, under the award;
for a review of any award if those requirements are found not to have been satisfied;
for the disallowance on any ground of a person's claim for a benefit to be treated as a disallowance of any further claim by that person for that benefit until the grounds of the original disallowance have ceased to exist;
for enabling one person to act for another in relation to a claim for a benefit and for enabling such a claim to be made and proceeded with in the name of a person who has died;
for requiring any information or evidence needed for the determination of a claim or of any question arising in connection with a claim to be furnished by such person as may be prescribed in accordance with the regulations;
for the time when and manner in which any benefit (or part) which takes the form of a payment is to be paid, and for the information and evidence to be furnished in connection with the payment;
for requiring such person as may be prescribed in accordance with the regulations to furnish any information or evidence needed for a determination whether a decision on an award of a benefit—
should be revised under paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000; or
should be superseded under paragraph 4 of that Schedule;
for the time when the right to make a reduction ... may be exercised;
for notice to be given of any change of circumstances affecting the continuance of entitlement to a benefit;
for the day on which entitlement to a benefit is to begin or end;
for calculating the amount of a benefit according to a prescribed scale or otherwise adjusting it so as to avoid fractional amounts or facilitate computation;
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in the case of any benefit (or part) which takes the form of a payment, for payment or distribution to or among persons claiming to be entitled on the death of any person, and for dispensing with strict proof of their title;
in the case of any benefit (or part) which takes the form of a payment, for the circumstances and manner in which payment may be made to one person on behalf of another for any purpose, which may be to discharge, in whole or in part, an obligation of the person entitled to the benefit or any other person;
for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where no claim has been made and it is impracticable for one to be made immediately;
for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where a claim has been made but it is impracticable for the claim or an appeal, reference, review or application relating to it to be determined immediately;
for making a payment on account of a benefit, or conferring a right to make a reduction ... on account, where an award has been made but it is impracticable to institute the benefit immediately;
generally as to administration.
Regulations under this section may include provision in relation to council tax benefit that prescribed provisions shall apply instead of prescribed provisions of Part I or II of the Local Government Finance Act 1992, or that prescribed provisions of either of those Parts shall not apply or shall apply subject to prescribed amendments or adaptations.
References in subsection (2) above to either of the Parts there mentioned include references to regulations made under the Part concerned.
Regulations may provide for a claim for one relevant benefit to be treated, either in the alternative or in addition, as a claim for any other relevant benefit that may be prescribed.
Regulations may provide for treating a payment made or right conferred by virtue of regulations— as made or conferred on account of any relevant benefit that is subsequently awarded or paid.
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under section 6(l)(r) to (t) above,
For the purposes of subsection (1) above relevant benefits are—
any benefit to which section 5 above applies; and
council tax benefit.
Regulations may provide—
for requiring the prescribed notice of an accident in respect of which industrial injuries benefit may be payable to be given within the prescribed time by the employed earner to the earner's employer or other prescribed persons;
for requiring employers—
to make reports, to such person and on such form and within such time as may be prescribed, of accidents in respect of which industrial injuries benefit may be payable;
to furnish to the prescribed person any information required for the determination of claims, or of questions arising in connection with claims or awards;
to take such other steps as may be prescribed to facilitate the giving notice of accidents, the making of claims and the determination of claims and of questions so arising.
Regulations may provide for requiring claimants for disablement benefit—
to submit themselves from time to time to medical examination for the purpose of determining the effect of the relevant accident, or the treatment appropriate to the relevant injury or loss of faculty;
to submit themselves from time to time to appropriate medical treatment for the injury or loss of faculty.
Regulations under subsection (1) above requiring persons to submit themselves to a medical examination or treatment may—
require those persons to attend at such places and at such times as may be required; and
with the consent of the Treasury provide for the payment by the Secretary of State to those persons of travelling and other allowances (including compensation for loss of remunerative time).
Subject to subsection (3) below, regulations may provide for disqualifying a claimant for the receipt of industrial injuries benefit— or for suspending proceedings on the claim or payment of benefit as the case may be, in the case of any such failure, obstruction or misconduct.
for failure without good cause to comply with any requirement of regulations to which this subsection applies (including in the case of a claim for industrial death benefit, a failure on the part of some other person to give the prescribed notice of the relevant accident);
for wilful obstruction of, or other misconduct in connection with, any examination or treatment to which he is required under regulations to which this subsection applies to submit himself, or in proceedings under this Act for the determination of his right to benefit or to its receipt,
The regulations to which subsection (1) above applies are—
any regulations made by virtue of section 5(1)(h), (i) or (1) above, so far as relating to industrial injuries benefit; and
regulations made by virtue of section 8 or 9 above.
Regulations under subsection (1) above providing for disqualification for the receipt of benefit for any of the following matters, that is to say— shall not be made so as to disentitle a claimant to a benefit for a period exceeding 6 weeks on any disqualification.
for failure to comply with the requirements of regulations under section 9(1) or (2) above;
for obstruction of, or misconduct in connection with, medical examination or treatment,
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In this section—
the amount specified in paragraph 7 of Part 3 of that Schedule , and
“incorrect payment” , in relation to a benefit, has the meaning given in paragraph 1(9);
as it applies to England and Wales—
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to the Contributions and Benefits Act and this Act; and
to the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act,
the provision of the Jobseekers Act 1995;
“bank” means—
imposing, at a time when—
a person has not attained pensionable age and is entitled to such a benefit, and
any prescribed circumstances exist,
On an initial claim a declaration by the claimant that he has a physical or mental disability which puts him at a disadvantage in getting a job is conclusive, except in such circumstances as may be prescribed, that for the purposes of section 129(1)(b) of the Contributions and Benefits Act he has such a disability (in accordance with regulations under section 129(3) of that Act).
If— he shall be treated on the repeat claim as if he still so qualified.
a repeat claim is made or treated as made not later than the end of the period of 8 weeks commencing with the last day of the claimant’s previous award; and
on the claim which resulted in that award he qualified under section 129(2) of the Contributions and Benefits Act by virtue—
of paragraph (a) of that subsection; or
of there being payable to him a benefit under an enactment having effect in Northern Ireland and corresponding to a benefit mentioned in that paragraph,
Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—
as regards housing benefit or council tax benefit, for claims for that benefit to be made to—
a Minister of the Crown, or
a person providing services to a Minister of the Crown;
as regards any other relevant benefit, for claims for that benefit to be made to—
a local authority,
a person providing services to a local authority, or
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;
as regards any relevant benefit, for claims for that benefit to be made to—
a county council in England,
a person providing services to a county council in England, or
a person authorised to exercise any function a county council in England has under this section.
Regulations may make provision for or in connection with—
the forwarding by a relevant authority of—
claims received by virtue of any provision authorised by subsection (1) above, and
information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);
the receiving and forwarding by a relevant authority of information or evidence relating to social security or work matters supplied by, or the obtaining by a relevant authority of such information or evidence from— including information or evidence not relating to the claims or benefit in question;
persons making, or who have made, claims for a relevant benefit, or
other persons in connection with such claims
the recording by a relevant authority of information or evidence relating to social security or work matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);
the giving of information or advice with respect to social security or work matters by a relevant authority to persons making, or who have made, claims for a relevant benefit;
the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.
In paragraphs (b), (d) and (e) of subsection (2) above—
references to claims for a relevant benefit are to such claims whether made as mentioned in subsection (1)(a), (b) or (c) above or not; and
references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.
Regulations under this section may make different provision for different areas.
Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (4) above.
In this section— and in this subsection “war pension” means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).
“benefit” includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application (or an application treated as having been made) under the Child Support Act 1991 for a maintenance calculation);
“local authority” means an authority administering housing benefit or council tax benefit;
“relevant authority” means—
a Minister of the Crown;
a local authority;
a county council in England;
a person providing services to a person mentioned in sub-paragraphs (i) to (iii);
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;
a person authorised to exercise any function a county council in England has under this section;
“relevant benefit” means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;
“social security or work matters” means matters relating to—
social security, child support or war pensions, or
employment or training;
A relevant authority may use for a relevant purpose any social security information which it holds.
Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which—
is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and
was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 7A(2)(e) above.
A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of—
identifying persons who may be entitled to such a benefit;
encouraging or assisting a person to make such a claim;
advising a person in relation to such a claim.
Social security information means—
information relating to social security, child support or war pensions;
evidence obtained in connection with a claim for or an award of a specified benefit.
A specified benefit is a benefit which is specified in regulations for the purposes of this section.
Expressions used in this section and in section 7A have the same meaning in this section as in that section.
This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.
A social fund payment such as is mentioned in section 138(1)(b) of the Contributions and Benefits Act may be awarded to a person only if an application for such a payment has been made by him or on his behalf in such form and manner as may be prescribed.
The Secretary of State may by regulations—
make provision with respect to the time at which an application for such a social fund payment is to be treated as made;
prescribe conditions that must be satisfied before any determination in connection with such an application may be made or any award of such a payment may be paid;
prescribe circumstances in which such an award becomes extinguished.
Subject to the provisions of this Act, no person shall be entitled to child benefit unless he claims it in the manner, and within the time, prescribed in relation to child benefit by regulations under section 5 above.
Except where regulations otherwise provide, no person shall be entitled to child benefit for any week on a claim made by him after that week if child benefit in respect of the same child or qualifying young person has already been paid for that week to another person, whether or not that other person was entitled to it.
No person shall be entitled to child benefit unless subsection (1B) below is satisfied in relation to him.
This subsection is satisfied in relation to a person if—
his claim for child benefit is accompanied by—
a statement of his national insurance number and information or evidence establishing that that number has been allocated to him; or
information or evidence enabling the national insurance number that has been allocated to him to be ascertained; or
he makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
Regulations may make provision disapplying subsection (1A) above in the case of— or in other prescribed circumstances.
prescribed descriptions of persons making claims; or
prescribed descriptions of children or qualifying young persons in respect of whom child benefit is claimed,
A person (“P”) who is entitled to child benefit in respect of one or more children may elect for all payments of the benefit to which P is entitled not to be made.
An election may be made only if P reasonably expects that, in the absence of the election, P or another person would be liable to a high income child benefit charge in respect of the payments to which the election relates made for weeks in the first tax year.
An election has effect in relation to payments made for weeks beginning after the election is made.
But where entitlement to child benefit is backdated, an election may have effect in relation to payments for weeks beginning in the period of three months ending immediately before the claim for the benefit was made.
An election may be revoked.
A revocation has effect in relation to payments made for weeks beginning after the revocation is made.
But if— P may, no later than two years after the end of the tax year, revoke the election so far as it relates to the payments.
P makes an election which results in all payments, in respect of child benefit, to which P is entitled for one or more weeks in a tax year not being paid, and
had no election been made, neither P nor any other person would have been liable to a high income child benefit charge in relation to the payments,
Subsections (2) to (7) are subject to directions under subsection (9).
The Commissioners for Her Majesty's Revenue and Customs may give directions as to—
the form of elections and revocations under this section, the manner in which they are to be made and the time at which they are to be treated as made, and
the circumstances in which, if child benefit is not being paid to a person at the full rate or the Commissioners are satisfied that there are doubts as to a person's entitlement to child benefit for a child, an election or revocation is not to have effect or its effect is to be postponed.
For the purposes of this section—
Any employee who claims to be entitled to statutory sick pay from his employer shall, if so required by his employer, provide such information as may reasonably be required for the purpose of determining the duration of the period of entitlement in question or whether a period of entitlement exists as between them.
The Secretary of State may by regulations made with the concurrence of the Inland Revenue direct—
that medical information required under subsection (1) above shall, in such cases as may be prescribed, be provided in a prescribed form;
that an employee shall not be required under subsection (1) above to provide medical information in respect of such days as may be prescribed in a period of incapacity for work.
Where an employee asks an employer of his to provide him with a written statement, in respect of a period before the request is made, of one or more of the following— the employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.
the days within that period which the employer regards as days in respect of which he is liable to pay statutory sick pay to that employee;
the reasons why the employer does not so regard the other days in that period;
the employer's opinion as to the amount of statutory sick pay to which the employee is entitled in respect of each of those days,
A woman shall provide the person who is liable to pay her statutory maternity pay—
with evidence as to her pregnancy and the expected date of confinement in such form and at such time as may be prescribed; and
where she commences work after her confinement but within the maternity pay period, with such additional information as may be prescribed.
Where a woman asks an employer or former employer of hers to provide her with a written statement, in respect of a period before the request is made, of one or more of the following— the employer or former employer shall, to the extent to which the request was reasonable, comply with it within a reasonable time.
the weeks within that period which he regards as weeks in respect of which he is liable to pay statutory maternity pay to the women;
the reasons why he does not so regard the other weeks in that period; and
his opinion as to the amount of statutory maternity pay to which the woman is entitled in respect of each of the weeks in respect of which he regards himself as liable to make a payment,
Any regulations for the purposes of subsection (1) above must be made with the concurrence of the Inland Revenue.
No person is entitled to health in pregnancy grant unless she claims it in the manner, and within the time, prescribed in relation to health in pregnancy grant by regulations under section 5.
No person is entitled to health in pregnancy grant unless subsection (3) or (4) is satisfied in relation to her.
This subsection is satisfied in relation to a person if her claim for health in pregnancy grant is accompanied by—
a statement of her national insurance number and information or evidence establishing that that number has been allocated to her; or
information or evidence enabling the national insurance number that has been allocated to her to be ascertained.
This subsection is satisfied in relation to a person if she makes an application for a national insurance number to be allocated to her which is accompanied by information or evidence enabling a national insurance number to be allocated to her.
The Commissioners for Her Majesty's Revenue and Customs may by regulations make provision disapplying subsection (2) in the case of prescribed descriptions of persons making a claim.
The Secretary of State may make arrangements— for the making on his behalf by members of the staff of any such authority or body of payments on account of benefits to which section 5 above applies in circumstances corresponding to those in which the Secretary of State himself has the power to make such payments under subsection (1)(r) of that section; and a local authority to which this section applies shall have power to enter into any such arrangements.
with a local authority to which this section applies; or
with any other body,
A payment under any such arrangements shall be treated for the purposes of any Act of Parliament or instrument made under an Act of Parliament as if it had been made by the Secretary of State.
The Secretary of State shall repay a local authority or other body such amount as he determines to be the reasonable administrative expenses incurred by the authority or body in making payments in accordance with arrangements under this section.
The local authorities to which this section applies are—
a local authority as defined by section 270(1) of the Local Government Act 1972, other than a parish or community council;
the Common Council of the City of London; and
a local authority as defined in section 235(1) of the Local Government (Scotland) Act 1973.
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This section applies where—
a relevant benefit component is payable in respect of a person (“the beneficiary”),
an agreement has been entered into by or on behalf of the beneficiary with a relevant provider for the lease or hire purchase of a motor vehicle, and
by virtue of regulations under section 5(1), the Secretary of State pays all or part of the relevant benefit component to the relevant provider for the purpose of discharging, in whole or in part, an obligation of the beneficiary under the agreement.
Regulations may make provision—
for the expenses of the Secretary of State in administering the making of payments to relevant providers to be defrayed, in whole or in part, at the expense of relevant providers, whether by requiring them to pay prescribed fees or by deducting and retaining a prescribed part of the payments that would otherwise be made to them or by such other method as may be prescribed;
for the recovery from a relevant provider of any fees or other sums due from that provider under paragraph (a).
In this section—
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Subject to this Part of this Act, any of the following questions shall be determined by the Secretary of State—
a question whether a person is an earner and, if he is, as to the category of earners in which he is to be included;
subject to subsection (2) below, a question whether the contribution conditions for any benefit are satisfied, or otherwise relating to a person’s contributions or his earnings factor;
a question whether a Class 1A contribution is payable or otherwise relating to a Class 1A contribution;
a question whether a person is or was employed in employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act;
a question as to whether a person was, within the meaning of regulations, precluded from regular employment by responsibilities at home;
any question as to which surpluses are to be taken into account under section 45(1) of the Contributions and Benefits Act;
any question arising under any provision of Part XI of the Contributions and Benefits Act or this Act, or under any provision of regulations under that Part, as to—
whether a person is, or was, an employee or employer of another;
whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 158 of the Contributions and Benefits Act;
whether a payment falls to be made to an employer in accordance with the regulations;
the amount that falls to be so deducted or paid;
the amount of an employer’s contributions payments for any period for the purposes of regulations under section 158(3) of the Contributions and Benefits Act; or
whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 163(5) of that Act, to be treated as one; and
any question arising under any provision of Part XII of that Act or this Act, or under any provision of regulations under that Part, as to— and any question arising under regulations made by virtue of paragraph (c), (d) or (f) of section 164(9) of that Act.
whether a person is, or was, an employee or employer of another;
whether an employer is entitled to make any deduction from his contributions payments in accordance with regulations under section 167 of the Contributions and Benefits Act;
whether a payment falls to be made to an employer in accordance with the regulations;
the amount that falls to be so deducted or paid; or
whether two or more employers or two or more contracts of service are, by virtue of regulations made under section 171(2) of that Act, to be treated as one,
Subsection (1)(b) above includes any question arising— but not any other question relating to Class 4 contributions, nor any question within section 20(1)(c) below.
under section 17(1) of the Contributions and Benefits Act as to whether by regulations under that subsection a person is excepted from liability for Class 4 contributions, or his liability is deferred; or
under regulations made by virtue of section 17(3) or (4) or 18 of that Act;
Regulations may make provision restricting the persons who may apply to the Secretary of State for the determination of any such question as is mentioned in subsection (1) above.
The Secretary of State may, if he thinks fit, before determining any such question as is mentioned in subsection (1) above, appoint a person to hold an inquiry into the question, or any matters arising in connection with it, and to report on the question, or on those matters, to the Secretary of State.
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A question of law arising in connection with the determination by the Secretary of State of any such question as is mentioned in section 17(1) above may, if the Secretary of State thinks fit, be referred for decision to the High Court or, in Scotland, to the Court of Session.
If the Secretary of State determines in accordance with subsection (1) above to refer any question of law to the court, he shall give notice in writing of his intention to do so—
in a case where the question arises on an application made to the Secretary of State, to the applicant; and
in any case to such persons as appear to him to be concerned with the question.
Any person aggrieved by the decision of the Secretary of State on any question of law within subsection (1) above which is not referred in accordance with that subsection may appeal from that decision to the court.
The Secretary of State shall be entitled to appear and be heard on any such reference or appeal.
Rules of court shall include provision for regulating references and appeals under this section and for limiting the time within which such appeals may be brought.
Notwithstanding anything in any Act, the decision of the court on a reference or appeal under this section shall be final.
On any such reference or appeal the court may order the Secretary of State to pay the costs (in Scotland, the expenses) of any other person, whether or not the decision is in that other person’s favour and whether or not the Secretary of State appears on the reference or appeal.
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Subject to subsection (2) below, the Secretary of State may review any decision given by him on any such question as is mentioned in section 17(1) above if—
new facts have been brought to his notice; or
he is satisfied that the decision—
was given in ignorance of some material fact;
was based on a mistake as to some material fact; or
was erroneous in point of law.
A decision shall not be reviewed while an appeal under section 18 above is pending against the decision of the Secretary of State on a question of law arising in connection with it, or before the time for so appealing has expired.
On a review any question of law may be referred under subsection (1) of section 18 above or, where it is not so referred, may be the subject of an appeal under subsection (3) of that section, and the other provisions of that section shall apply accordingly.
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Subject to section 54 below, there shall be submitted forthwith to an adjudication officer for determination in accordance with this Part of this Act—
any claim for a benefit to which this section applies;
subject to subsection (2) below, any question arising in connection with a claim for, or award of, such a benefit; and
any question whether, if he had otherwise had a right to it, a person would be disqualified—
by reason of section 28(1) of the Contributions and Benefits Act, for receiving unemployment benefit;
by reason of any regulations under section 32(1) of that Act, for receiving sickness benefit; or
by reason of any regulations under section 59(1) of that Act, for receiving invalidity benefit.
Subsection (1) above does not apply to any question which falls to be determined otherwise than by an adjudication officer.
Any question as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay may be submitted to an adjudication officer— for determination in accordance with this Part of this Act.
by the Secretary of State; or
subject to and in accordance with regulations, by the employee concerned,
If— the adjudication officer may determine the question.
a person submits a question relating to the age, marriage or death of any person; and
it appears to the adjudication officer that the question may arise if the person who has submitted it to him submits a claim to a benefit to which this section applies,
Different aspects of the same claim or question may be submitted to different adjudication officers; and for that purpose this section and the other provisions of this Part of this Act with respect to the determination of claims and questions shall apply with any necessary modifications.
This section applies to the following benefits—
benefits as defined in section 122 of the Contributions and Benefits Act;
income support;
family credit;
disability working allowance;
any social fund payment such as is mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act;
child benefit;
statutory sick pay; and
statutory maternity pay.
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An adjudication officer to whom a claim or question is submitted under section 20 above (other than a claim which under section 30(12) or (13) or 35(7) below falls to be treated as an application for a review) shall take it into consideration and, so far as practicable, dispose of it, in accordance with this section, and with procedure regulations under section 59 below, within 14 days of its submission to him.
Subject to subsection (3) and section 37 below, the adjudication officer may decide a claim or question himself or refer it to a social security appeal tribunal.
The adjudication officer must decide a claim for or question relating to an attendance allowance, a disability living allowance or a disability working allowance himself.
Where an adjudication officer refers a question as to, or in connection with, entitlement to statutory sick pay or statutory maternity pay to a social security appeal tribunal, the employee and employer concerned shall each be given notice in writing of the reference.
In any other case notice in writing of the reference shall be given to the claimant.
Where— then the tribunal may proceed to determine the further claim whether or not notice has been given under subsection (4) or (5) above.
a case has been referred to a social security appeal tribunal (“the tribunal”); and
the claimant makes a further claim which raises the same or similar questions; and
that further claim is referred to the tribunal by the adjudication officer,
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Subject to subsection (3) below, where the adjudication officer has decided a claim or question other than a claim or question relating to an attendance allowance, a disability living allowance or a disability working allowance—
if it relates to statutory sick pay or statutory maternity pay, the employee and employer concerned shall each have a right to appeal to a social security appeal tribunal; and
in any other case the claimant shall have a right to do so.
A person with a right of appeal under this section shall be given such notice of a decision falling within subsection (1) above and of that right as may be prescribed.
No appeal lies under this section where—
in connection with the decision of the adjudication officer there has arisen any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer; and
the question has been determined; and
the adjudication officer certifies that the decision on that question is the sole ground of his decision.
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.
Where an adjudication officer has determined that any amount, other than an amount— is recoverable under or by virtue of section 71 or 74 below, any person from whom he has determined that it is recoverable shall have the same right of appeal to a social security appeal tribunal as a claimant.
of an attendance allowance;
of a disability living allowance;
of a disability working allowance;
of statutory sick pay; or
of statutory maternity pay,
In any case where— that other person shall have the like right of appeal to a social security appeal tribunal as the claimant.
an adjudication officer has decided any claim or question under Part V of the Contributions and Benefits Act; and
the right to benefit under that Part of that Act of any person other than the claimant is or may be, under Part VI of Schedule 7 to that Act, affected by that decision,
Subsection (2) above shall apply to a person with a right of appeal under subsection (5) or (6) above as it applies to a claimant.
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Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a social security appeal tribunal under section 22 above on the ground that the decision of the tribunal was erroneous in point of law.
In the case of statutory sick pay or statutory maternity pay an appeal lies under this section at the instance of any of the following—
an adjudication officer;
the employee concerned;
the employer concerned;
a trade union, where—
the employee is a member of the union at the time of the appeal and was so immediately before the question at issue arose; or
the question at issue is a question as to or in connection with entitlement of a deceased person who was at the time of his death a member of the union;
an association of employers of which the employer is a member at the time of the appeal and was so immediately before the question at issue arose.
In any other case an appeal lies under this section at the instance of any of the following—
an adjudication officer;
the claimant;
in any of the cases mentioned in subsection (5) below, a trade union; and
a person from whom it is determined that any amount is recoverable under section 71(1) or 74 below.
In a case relating to industrial injuries benefit an appeal lies under this section at the instance of a person whose right to benefit is, or may be, under Part VI of Schedule 7 to the Contributions and Benefits Act, affected by the decision appealed against, as well as at the instance of any person or body such as is mentioned in subsection (3) above.
The following are the cases in which an appeal lies at the instance of a trade union—
where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose;
where that question in any way relates to a deceased person who was a member of the union at the time of his death;
where the case relates to industrial injuries benefit and the claimant or, in relation to industrial death benefit, the deceased, was a member of the union at the time of the relevant accident.
Subsections (2), (3) and (5) above, as they apply to a trade union, apply also to any other association which exists to promote the interests and welfare of its members.
Where the Commissioner holds that the decision was erroneous in point of law, he shall set it aside and—
he shall have power—
to give the decision which he considers the tribunal should have given, if he can do so without making fresh or further findings of fact; or
if he considers it expedient, to make such findings and to give such decision as he considers appropriate in the light of them; and
in any other case he shall refer the case to a tribunal with directions for its determination.
Subject to any direction of the Commissioner, the tribunal on a reference under subsection (7)(b) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.
No appeal lies under this section without the leave—
of the person who was the chairman of the tribunal when the decision was given or, in a prescribed case, the leave of some other chairman; or
subject to and in accordance with regulations, of a Commissioner.
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
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Subject to subsections (2) and (3) below, an appeal on a question of law shall lie to the appropriate court from any decision of a Commissioner.
No appeal under this section shall lie from a decision except—
with the leave of the Commissioner who gave the decision or, in a prescribed case, with the leave of a Commissioner selected in accordance with regulations; or
if he refuses leave, with the leave of the appropriate court.
An application for leave under this section in respect of a Commissioner’s decision may only be made by— and regulations may make provision with respect to the manner in which and the time within which applications must be made to a Commissioner for leave under this section and with respect to the procedure for dealing with such applications.
a person who, before the proceedings before the Commissioner were begun, was entitled to appeal to the Commissioner from the decision to which the Commissioner’s decision relates;
any other person who was a party to the proceedings in which the first decision mentioned in paragraph (a) above was given;
the Secretary of State, in a case where he is not entitled to apply for leave by virtue of paragraph (a) or (b) above;
any other person who is authorised by regulations to apply for leave;
On an application to a Commissioner for leave under this section it shall be the duty of the Commissioner to specify as the appropriate court— except that if it appears to him, having regard to the circumstances of the case and in particular to the convenience of the persons who may be parties to the proposed appeal, that he should specify a different court mentioned in paragraphs (a) to (c) above as the appropriate court, it shall be his duty to specify that court as the appropriate court.
the Court of Appeal if it appears to him that the relevant place is in England or Wales;
the Court of Session if it appears to him that the relevant place is in Scotland; and
the Court of Appeal in Northern Ireland if it appears to him that the relevant place is in Northern Ireland,
In this section—
the deferral of the payment of that contribution;
“the Tribunal” means the First-tier Tribunal.
the amounts specified in paragraph 10 of Part 5 of that Schedule (apart from the amount of the initial rate), and
any attempt or conspiracy to commit a benefit offence; and
to the Contributions and Benefits Act;
to this Act, except in relation to the following benefits—
community charge benefits;
payments out of the social fund;
Christmas bonus;
statutory sick pay; and
statutory maternity pay.
in relation to any component of a jobseeker's allowance, its alteration by or under any enactment; and
in relation to a person’s benefit income, the alteration of any of the sums referred to in section 150 above—
by any enactment; or
by an order under section 150 or 152 above,
“alteration” means—
“Registrar General” means the Registrar General for England and Wales; and
The powers to make regulations conferred by this section shall be exercisable by the Lord Chancellor.
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Subject to the following provisions of this section, any decision under this Act of an adjudication officer, a social security appeal tribunal or a Commissioner (other than a decision relating to an attendance allowance, a disability living allowance or a disability working allowance) may be reviewed at any time by an adjudication officer or, on a reference by an adjudication officer, by a social security appeal tribunal, if—
the officer or tribunal is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
there has been any relevant change of circumstances since the decision was given; or
it is anticipated that a relevant change of circumstances will so occur; or
the decision was based on a decision of a question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer, and the decision of that question is revised; or
the decision falls to be reviewed under section 57(4) or (5) of the Contributions and Benefits Act.
Any decision of an adjudication officer (other than a decision relating to an attendance allowance, a disability living allowance or a disability working allowance) may be reviewed, upon the ground that it was erroneous in point of law, by an adjudication officer or, on a reference from an adjudication officer, by a social security appeal tribunal.
Regulations may provide that a decision may not be reviewed on the ground mentioned in subsection (1)(a) above unless the officer or tribunal is satisfied as mentioned in that paragraph by fresh evidence.
In their application to family credit, subsection (1)(b) and (c) above shall have effect subject to section 128(3) of the Contributions and Benefits Act (change of circumstances not to affect award or rate during specified period).
Where a decision is reviewed on the ground mentioned in subsection (1)(c) above, the decision given on the review—
shall take effect on the day prescribed for that purpose by reference to the date on which the relevant change of circumstances is expected to occur; and
shall be reviewed again if the relevant change of circumstances either does not occur or occurs otherwise than on that date.
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A question may be raised with a view to a review under section 25 above by means of an application in writing to an adjudication officer, stating the grounds of the application.
On receipt of any such application, the adjudication officer shall proceed to deal with or refer any question arising on it in accordance with sections 21 to 23 above.
Regulations may provide for enabling, or requiring, in prescribed circumstances, a review under section 25 above notwithstanding that no application for a review has been made under subsection (1) above.
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Regulations—
may prescribe what are, or are not, relevant changes of circumstances for the purposes of section 25 above; and
may make provision restricting the payment of any benefit, or any increase of benefit, to which a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).
Regulations under subsection (1)(b) above shall not restrict the payment to or for a woman of so much of— as falls to be paid by reason of a review which takes place by virtue of section 25(1)(a) or (1)(b) above in consequence of a claim for a widowhood benefit, within the meaning of section 3 above, which is made or treated as made by virtue of that section.
any widow’s benefit, any invalidity pension under section 40 of the Contributions and Benefits Act or any Category A or Category B retirement pension; or
any increase of such a benefit or pension,
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if the adjudication officer considers that the decision which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the claimant’s appeal succeeded, the appeal shall lapse; but
in any other case, the review shall be of no effect and the appeal shall proceed accordingly.
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On an application under this section made within the prescribed period, a decision of an adjudication officer under section 21 above which relates to an attendance allowance, a disability living allowance or a disability working allowance may be reviewed on any ground subject, in the case of disability working allowance, to section 129(6) of the Contributions and Benefits Act.
On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above which relates to an attendance allowance or a disability living allowance may be reviewed if— but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
there has been any relevant change of circumstances since the decision was given; or
it is anticipated that a relevant change of circumstances will so occur; or
the decision was erroneous in point of law; or
the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
Regulations may prescribe what are, or are not, relevant changes of circumstances for the purposes of subsection (2)(b) and (c) above.
On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above that a person is or was at any time terminally ill for the purposes of section 66(1), 72(5) or 73(12) of the Contributions and Benefits Act may be reviewed if there has been a change of medical opinion with respect to his condition or his reasonable expectation of life.
On an application under this section made after the end of the prescribed period, a decision of an adjudication officer under section 21 above which relates to a disability working allowance may be reviewed if— but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
the adjudication officer is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
subject to section 129(6) of the Contributions and Benefits Act, there has been any prescribed change of circumstances since the decision was given; or
the decision was erroneous in point of law; or
the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
The claimant shall be given such notification as may be prescribed of a decision which may be reviewed under this section and of his right to a review under subsection (1) above.
A question may be raised with a view to a review under this section by means of an application made in writing to an adjudication officer stating the grounds of the application and supplying such information and evidence as may be prescribed.
Regulations—
may provide for enabling or requiring, in prescribed circumstances, a review under this section notwithstanding that no application under subsection (7) above has been made; and
if they do so provide, shall specify under which provision of this section a review carried out by virtue of any such regulations falls.
Reviews under this section shall be carried out by adjudication officers.
Different aspects of any question which arises on such a review may be dealt with by different adjudication officers; and for this purpose this section and the other provisions of this Part of this Act which relate to reviews under this section shall apply with any necessary modifications.
If a review is under subsection (1) above, the officer who took the decision under review shall not deal with any question which arises on the review.
Except in prescribed circumstances, where a claim for a disability living allowance in respect of a person already awarded such an allowance by an adjudication officer is made or treated as made during the period for which he has been awarded the allowance, it shall be treated as an application for a review under this section.
Where— the further claim shall be treated as an application for a review under that subsection.
a claim for an attendance allowance, a disability living allowance or a disability working allowance in respect of a person has been refused; and
a further claim for the same allowance is made in respect of him within the period prescribed under subsection (1) above,
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Subsections (2), (4) and (5) of section 30 above shall apply to a decision on a review under subsection (1) of that section as they apply to a decision of an adjudication officer under section 21 above but as if the words “made after the end of the prescribed period” were omitted from each subsection.
Subsections (1), (2), (4) and (5) of section 30 above shall apply— as they apply to a decision of an adjudication officer under section 21 above.
to a decision on a review under subsection (2), (4) or (5) of that section; and
to a refusal to review a decision under subsection (2), (4) or (5) of that section,
The claimant shall be given such notification as may be prescribed—
of a decision on a review under section 30 above;
if the review was under section 30(1), of his right of appeal under section 33 below; and
if it was under section 30(2), (4) or (5), of his right to a further review under section 30(1).
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An award of an attendance allowance, a disability living allowance or a disability working allowance on a review under section 30 above replaces any award which was the subject of the review.
Where a person who has been awarded a disability living allowance consisting of one component applies or is treated as applying for a review under section 30 above and alleges that he is also entitled to the other component, the adjudication officer need not consider the question of his entitlement to the component which he has already been awarded or the rate of that component.
Where a person who has been awarded a disability living allowance consisting of both components applies or is treated as applying for a review under section 30 above and alleges that he is entitled to one component at a rate higher than that at which it has been awarded, the adjudication officer need not consider the question of his entitlement to the other component or the rate of that component.
Where a person has been awarded a component for life, on a review under section 30 above the adjudication officer shall not consider the question of his entitlement to that component or the rate of that component or the period for which it has been awarded unless—
the person awarded the component expressly applies for the consideration of that question; or
information is available to the adjudication officer which gives him reasonable grounds for believing that entitlement to the component, or entitlement to it at the rate awarded or for that period, ought not to continue.
No decision which relates to an attendance allowance or a disability living allowance shall be reviewed under section 30 above on the ground that the person is or was at any time terminally ill, within the meaning of section 66(2) of the Contributions and Benefits Act, unless an application for review is made expressly on that ground either— and a decision may be so reviewed on such an application, notwithstanding that no claim under section 66(1) or 72(5) or 73(12) of that Act has been made.
by the person himself; or
by any other person purporting to act on his behalf, whether or not that other person is acting with his knowledge or authority;
Where a decision is reviewed under section 30 above on the ground that it is anticipated that a change of circumstances will occur, the decision given on review—
shall take effect on the day prescribed for that purpose by reference to the date on which the change of circumstances is expected to occur; and
shall be reviewed again if the change of circumstances either does not occur or occurs otherwise than on that date.
Where a claimant has appealed against a decision of an adjudication officer under section 33 below and the decision is reviewed again under section 30(2), (4) or (5) above by an adjudication officer, then—
if the adjudication officer considers that the decision which he has made on the review is the same as the decision that would have been made on the appeal had every ground of the appeal succeeded, then the appeal shall lapse; but
in any other case, the review shall be of no effect and the appeal shall proceed accordingly.
Regulations may make provision restricting the payment of any benefit, or any increase of benefit, to which a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).
Where an adjudication officer has determined that any amount paid by way of an attendance allowance, a disability living allowance or a disability working allowance is recoverable under or by virtue of section 71 below, any person from whom he has determined that it is recoverable shall have the same right of review under section 30 above as a claimant.
This Act and the Contributions and Benefits Act shall have effect in relation to a review by virtue of subsection (9) above as if any reference to the claimant were a reference to the person from whom the adjudication officer has determined that the amount in question is recoverable.
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Where an adjudication officer has given a decision on a review under section 30(1) above, the claimant or such other person as may be prescribed may appeal—
in prescribed cases, to a disability appeal tribunal; and
in any other case, to a social security appeal tribunal.
Regulations may make provision as to the manner in which, and the time within which, appeals are to be brought.
An award on an appeal under this section replaces any award which was the subject of the appeal.
Where a person who has been awarded a disability living allowance consisting of one component alleges on an appeal that he is also entitled to the other component, the tribunal need not consider the question of his entitlement to the component which he has already been awarded or the rate of that component.
Where a person who has been awarded a disability living allowance consisting of both components alleges on an appeal that he is entitled to one component at a rate higher than that at which it has been awarded, the tribunal need not consider the question of his entitlement to the other component or the rate of that component.
a retirement pension, including a Graduated Retirement Benefit, under Part 2 or 3 of the Social Security Contributions and Benefits Act 1992;
a person’s entitlement to a component which has been awarded for life; or
a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any member State is not made on or before the date which is the prescribed date in relation to the payment; and
the rate of a component so awarded; or
it is determined that an amount (“the relevant amount”) has been paid by way of universal credit or income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,
the period for which a component has been so awarded,
“war disablement pension” means—
the appeal expressly raises that question; or
information is available to the tribunal which gives it reasonable grounds for believing that entitlement to the component, or entitlement to it at the rate awarded or for that period, ought not to continue.
in relation to Scotland a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
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Subject to the provisions of this section, an appeal lies to a Commissioner from any decision of a social security appeal tribunal or disability appeal tribunal under section 33 above on the ground that the decision of the tribunal was erroneous in point of law.
An appeal lies under this section at the instance of any of the following—
an adjudication officer;
the claimant;
a trade union—
where the claimant is a member of the union at the time of the appeal and was so immediately before the question at issue arose;
where that question in any way relates to a deceased person who was a member of the union at the time of his death; and
a person from whom it is determined that any amount is recoverable under section 71(1) below.
Subsection (2) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.
Subsections (7) to (10) of section 23 above have effect for the purposes of this section as they have effect for the purposes of that section.
Section 24 above applies to a decision of a Commissioner under this section as it applies to a decision of a Commissioner under section 23 above.
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Any decision under this Act of a social security appeal tribunal, a disability appeal tribunal or a Commissioner which relates to an attendance allowance or a disability living allowance may be reviewed at any time by an adjudication officer if— but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
there has been any relevant change of circumstances since the decision was given; or
it is anticipated that a relevant change of circumstances will so occur; or
the decision was that a person is or was at any time terminally ill for the purposes of section 66(1), 72(5) or 73(12) of the Contributions and Benefits Act and there has been a change of medical opinion with respect to his condition or his reasonable expectation of life; or
the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
Regulations may prescribe what are, or are not, relevant changes of circumstances for the purposes of subsection (1)(b) and (c) above.
Any decision under this Act of a social security appeal tribunal, a disability appeal tribunal or a Commissioner which relates to a disability working allowance may be reviewed at any time by an adjudication officer if— but regulations may provide that a decision may not be reviewed on the ground mentioned in paragraph (a) above unless the officer is satisfied as mentioned in that paragraph by fresh evidence.
he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact; or
subject to section 129(7) of the Contributions and Benefits Act, there has been any prescribed change of circumstances since the decision was given; or
the decision was to make an award for a period wholly or partly after the date on which the claim was made or treated as made but subject to a condition being fulfilled and that condition has not been fulfilled,
A question may be raised with a view to a review under this section by means of an application made in writing to an adjudication officer, stating the grounds of the application and supplying such information and evidence as may be prescribed.
Regulations may provide for enabling or requiring, in prescribed circumstances, a review under this section notwithstanding that no application for a review has been made under subsection (4) above.
Reviews under this section shall be carried out by adjudication officers.
Except in prescribed circumstances, where a claim for a disability living allowance in respect of a person already awarded such an allowance on an appeal is made or treated as made during the period for which he has been awarded the allowance, it shall be treated as an application for a review under this section.
Subsections (1), (2), (4) and (5) of section 30 above shall apply— as they apply to a decision of an adjudication officer under section 21 above.
to a decision on a review under this section; and
to a refusal to review a decision such as is mentioned in subsection (1) above,
The person whose claim was the subject of the appeal the decision on which has been reviewed under this section shall be given such notification as may be prescribed—
of the decision on the review; and
of his right to a further review under section 30(1) above.
Regulations may make provision restricting the payment of any benefit, or any increase of benefit, to what a person would, but for this subsection, be entitled by reason of a review in respect of any period before or after the review (whether that period falls wholly or partly before or after the making of the regulations).
Where a decision is reviewed on the ground mentioned in subsection (1)(c) above, the decision given on the review—
shall take effect on the day prescribed for that purpose by reference to the date on which the relevant change of circumstances is expected to occur; and
shall be reviewed again if the relevant change of circumstances either does not occur or occurs otherwise than on that date.
Section 30(10) above and section 32(1) to (5) above shall apply in relation to a review under this section as they apply to a review under section 30 above.
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Where a question which but for this section would fall to be determined by an adjudication officer first arises in the course of an appeal to a social security appeal tribunal, a disability appeal tribunal or a Commissioner, the tribunal, subject to subsection (2) below, or the Commissioner may, if they or he think fit, proceed to determine the question notwithstanding that it has not been considered by an adjudication officer.
A social security appeal tribunal may not determine a question by virtue of subsection (1) above if an appeal in relation to such a question would have lain to a disability appeal tribunal.
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Subject to subsection (2) below—
if on consideration of any claim or question an adjudication officer is of opinion that there arises any question which under or by virtue of this Act falls to be determined otherwise than by an adjudication officer, he shall refer the question for such determination; and
if on consideration of any claim or question a social security appeal tribunal or Commissioner is of opinion that any such question arises, the tribunal or Commissioner shall direct it to be referred by an adjudication officer for such determination.
The person or tribunal making or directing the reference shall then deal with any other question as if the referred question had not arisen.
The adjudication officer, tribunal or Commissioner may—
postpone the reference of, or dealing with, any question until other questions have been determined;
in cases where the determination of any question disposes of a claim or any part of it, make an award or decide that an award cannot be made, as to the claim or that part of it, without referring or dealing with, or before the determination of, any other question.
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Adjudication officers shall be appointed by the Secretary of State, subject to the consent of the Treasury as to number, and may include—
officers of the Department of Employment appointed with the concurrence of the Secretary of State in charge of that Department; or
officers of the Northern Ireland Department appointed with the concurrence of that Department.
An adjudication officer may be appointed to perform all the functions of adjudication officers under any enactment or such functions of such officers as may be specified in his instrument of appointment.
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The Secretary of State shall appoint a Chief Adjudication Officer.
It shall be the duty of the Chief Adjudication Officer to advise adjudication officers on the performance of their functions under this or any other Act.
The Chief Adjudication Officer shall keep under review the operation of the system of adjudication by adjudication officers and matters connected with the operation of that system.
The Chief Adjudication Officer shall report annually in writing to the Secretary of State on the standards of adjudication and the Secretary of State shall publish his report.
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The President shall constitute for the whole of Great Britain, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of social security appeal tribunals.
The panel for an area shall be composed of persons appearing to the President to have knowledge or experience of conditions in the area and to be representative of persons living or working in the area.
Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.
The members of the panels shall hold office for such period as the President may direct, but the President may at any time terminate the appointment of any member of a panel.
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A social security appeal tribunal shall consist of a chairman and two other persons.
The members other than the chairman shall be drawn from the appropriate panel constituted under section 40 above.
The President shall nominate the chairman.
The President may nominate as chairman—
himself;
one of the full-time chairmen appointed under section 51(1) below; or
a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the Tribunals and Inquiries Act 1971.
No person shall be appointed chairman of a tribunal under subsection (4)(c) above unless he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.
If practicable, at least one of the members of the appeal tribunal hearing a case shall be of the same sex as the claimant.
Schedule 2 to this Act shall have effect for supplementing this section.
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The President shall constitute for the whole of Great Britain, to act for such areas as he thinks fit and be composed of such persons as he thinks fit to appoint, panels of persons to act as members of disability appeal tribunals.
There shall be two panels for each area.
One panel shall be composed of medical practitioners.
The other shall be composed of persons who are experienced in dealing with the needs of disabled persons— but may not include medical practitioners.
in a professional or voluntary capacity; or
because they are themselves disabled,
In considering the appointment of members of the panels the President shall have regard to the desirability of appointing disabled persons.
Before appointing members of a panel, the President shall take into consideration any recommendations from such organisations or persons as he considers appropriate.
The members of the panels shall hold office for such periods as the President may direct, but the President may at any time terminate the appointment of any member of a panel.
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A disability appeal tribunal shall consist of a chairman and two other persons.
Of the members of a tribunal other than the chairman, one shall be drawn from the panel mentioned in subsection (3) of section 42 above.
The other shall be drawn from the panel mentioned in subsection (4) of that section.
The President shall nominate the chairman.
The President may nominate as chairman—
himself;
one of the full-time chairmen appointed under section 51(1) below; or
a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the Tribunals and Inquiries Act 1971.
No person shall be appointed chairman of a tribunal under subsection (5)(c) above unless he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.
In summoning members of a panel to serve on a tribunal, the clerk to the tribunal shall have regard to the desirability of at least one of the members of the tribunal being a disabled person.
If practicable, at least one of the members of the tribunal shall be of the same sex as the claimant.
Schedule 2 to this Act shall have effect for supplementing this section.
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Where, in connection with any claim for industrial injuries benefit, it is determined that the relevant accident was or was not an industrial accident, an express declaration of that fact shall be made and recorded and (subject to subsection (3) below) a claimant shall be entitled to have the question whether the relevant accident was an industrial accident determined notwithstanding that his claim is disallowed on other grounds.
Subject to subsection (3) below and to section 60 below, any person suffering personal injury by accident shall be entitled, if he claims the accident was an industrial accident, to have that question determined, and a declaration made and recorded accordingly, notwithstanding that no claim for benefit has been made in connection with which the question arises; and this Part of this Act applies for that purpose as if the question had arisen in connection with a claim for benefit.
The adjudication officer, social security appeal tribunal or Commissioner (as the case may be) may refuse to determine the question whether an accident was an industrial accident if satisfied that it is unlikely to be necessary to determine the question for the purposes of any claim for benefit; but any such refusal of an adjudication officer or social security appeal tribunal shall be subject to appeal to a social security appeal tribunal or Commissioner, as the case may be.
Subject to the provisions of this Part of this Act as to appeal and review, any declaration under this section that an accident was or was not an industrial accident shall be conclusive for the purposes of any claim for industrial injuries benefit in respect of that accident.
Where subsection (4) above applies— it shall have effect as if at the end there were added the words “whether or not the claimant is the person at whose instance the declaration was made”.
in relation to a death occurring before 11th April 1988; or
for the purposes of section 60(2) of the Contributions and Benefits Act,
For the purposes of this section (but subject to section 60(3) below), an accident whereby a person suffers personal injury shall be deemed, in relation to him, to be an industrial accident if—
it arises out of and in the course of his employment;
that employment is employed earner’s employment for the purposes of Part V of the Contributions and Benefits Act;
payment of benefit is not under section 94(5) of that Act precluded because the accident happened while he was outside Great Britain.
A decision under this section shall be final except that sections 25 to 29 above apply to a decision under this section that an accident was or was not an industrial accident as they apply to a decision under sections 21 to 23 above if, but only if, the adjudication officer or social security appeal tribunal, as the case may be, is satisfied that the decision under this section was given in consequence of any wilful non-disclosure or misrepresentation of a material fact.
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In relation to industrial injuries benefit and severe disablement allowance, the “disablement questions” are the questions— but questions relating to the aggregation of percentages of disablement resulting from different accidents are not disablement questions (and accordingly fall to be determined by an adjudication officer).
in relation to industrial injuries benefit, whether the relevant accident has resulted in a loss of faculty;
in relation to both benefits, at what degree the extent of disablement resulting from a loss of faculty is to be assessed, and what period is to be taken into account by the assessment;
Subject to and in accordance with regulations, the disablement questions shall be referred to and determined—
by an adjudicating medical practitioner; or
by two or more adjudicating medical practitioners; or
by a medical appeal tribunal; or
in such cases relating to severe disablement allowance as may be prescribed, by an adjudication officer.
Where— the case shall again be referred under this section, to one or more adjudicating medical practitioners as regulations may provide for the purposes of such subsequent references, not later than the end of the period taken into account by the provisional assessment.
the case of a claimant for disablement benefit has been referred by the adjudication officer to one or more adjudicating medical practitioners for determination of the disablement questions; and
on that or any subsequent reference, the extent of the disablement is provisionally assessed,
Where, in the case of a claimant for disablement benefit, the extent of any disablement of his resulting from an aggregable accident (that is to say, an accident other than the one which is the basis of the claim in question) has been assessed in accordance with paragraph 6(3) of Schedule 6 to the Contributions and Benefits Act at less than 14 per cent., then—
the adjudication officer may refer the disablement questions relating to the aggregable accident to one or more adjudicating medical practitioners for fresh determination; and
on any such reference—
those questions shall be determined as at the first day of the common period; and
the period to be taken into account shall be the period beginning with that day.
In subsection (4) above “the first day of the common period” means whichever is the later of—
the first day of the period taken into account by the assessment of the extent of the claimant’s disablement resulting from the accident which is the basis of the claim in question;
the first day of the period taken into account by the assessment of the extent of his disablement resulting from the aggregable accident.
In the following provisions of this Act “adjudicating medical practitioner” means, in relation to any case, one such practitioner, unless regulations applicable to cases of that description provide for references to more than one.
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This section has effect where the case of a claimant for disablement benefit or severe disablement allowance has been referred by the adjudication officer to an adjudicating medical practitioner for determination of the disablement questions.
Subject to subsection (3) below, if the claimant is dissatisfied with the decision of the adjudicating medical practitioner, he may appeal in the prescribed manner and within the prescribed time, and the case shall be referred to a medical appeal tribunal.
If— the adjudication officer shall refer the case to a medical appeal tribunal for their consideration, and the tribunal may confirm, reverse or vary the decision in whole or in part as on an appeal.
the Secretary of State notifies the adjudication officer within the prescribed time that he is of the opinion that any decision of the adjudicating medical practitioner ought to be considered by a medical appeal tribunal; or
the adjudication officer is of the opinion that any such decision ought to be so considered,
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Any decision under this Act of an adjudicating medical practitioner or a medical appeal tribunal may be reviewed at any time by an adjudicating medical practitioner if satisfied that the decision was given in ignorance of a material fact or was based on a mistake as to a material fact.
Any decision under this Act of an adjudicating medical practitioner may be reviewed at any time by such a practitioner if he is satisfied that the decision was erroneous in point of law.
Regulations may provide that a decision may not be reviewed under subsection (1) above unless the adjudicating medical practitioner is satisfied as mentioned in that subsection by fresh evidence.
Any assessment of the extent of the disablement resulting from the relevant loss of faculty may also be reviewed by an adjudicating medical practitioner if he is satisfied that since the making of the assessment there has been an unforeseen aggravation of the results of the relevant injury.
Where in connection with a claim for disablement benefit made after 25th August 1953 it is decided that the relevant accident has not resulted in a loss of faculty, the decision—
may be reviewed under subsection (4) above as if it were an assessment of the extent of disablement resulting from a relevant loss of faculty; but
subject to any further decision on appeal or review, shall be treated as deciding the question whether the relevant accident had so resulted both for the time about which the decision was given and for any subsequent time.
For the purposes of subsection (5) above, a final assessment of the extent of the disablement resulting from a loss of faculty made for a period limited by reference to a definite date shall be treated as deciding that at that date the relevant accident had not resulted in a loss of faculty.
An assessment made, confirmed or varied by a medical appeal tribunal shall not be reviewed under subsection (4) above without the leave of a medical appeal tribunal, and (notwithstanding the provisions of Part V of the Contributions and Benefits Act) on a review under that subsection the period to be taken into account by any revised assessment shall only include a period before the date of the application for the review if and in so far as regulations so provide.
Subject to the foregoing provisions of this section, an adjudicating medical practitioner may deal with a case on a review in any manner in which he could deal with it on an original reference to him, and in particular may in any case relating to disablement benefit make a provisional assessment notwithstanding that the assessment under review was final.
Section 46 above applies to an application for a review under this section and to a decision of an adjudicating medical practitioner in connection with such an application as it applies to an original claim for disablement benefit or severe disablement allowance, as the case may be, and to a decision of an adjudicating medical practitioner in connection with such a claim.
In subsection (6) above the reference to a final assessment does not include an assessment made for the purpose of section 12(1)(a) or (b) of the National Insurance (Industrial Injuries) Act 1946 as originally enacted and having the effect that benefit is not payable.
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Subject to this section, an appeal lies to a Commissioner from any decision of a medical appeal tribunal (if given after 27th September 1959) on the ground that the decision is erroneous in point of law, at the instance of—
an adjudication officer;
the claimant;
a trade union of which the claimant was a member at the time of the relevant accident or, in a case relating to severe disablement allowance, at the prescribed time; or
the Secretary of State.
Subsection (1) above, as it applies to a trade union, applies also to any other association which exists to promote the interests and welfare of its members.
No appeal lies under subsection (1) above without the leave— and regulations may make provision as to the manner in which, and the time within which, appeals are to be brought and applications made for leave to appeal.
of the person who was the chairman of the medical appeal tribunal when the decision was given or, in a prescribed case, the leave of some other chairman of a medical appeal tribunal; or
subject to and in accordance with regulations, of a Commissioner,
On any such appeal, the question of law arising for the decision of the Commissioner and the facts on which it arises shall be submitted for his consideration in the prescribed manner.
Where the Commissioner holds that the decision was erroneous in point of law, he shall set it aside and refer the case to a medical appeal tribunal with directions for its determination.
Subject to any direction of the Commissioner, the tribunal on a reference under subsection (5) above shall consist of persons who were not members of the tribunal which gave the erroneous decision.
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Adjudicating medical practitioners shall be appointed by the Secretary of State.
Subject to subsection (1) above, their appointment shall be determined by regulations.
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A medical appeal tribunal shall consist of a chairman and two other persons.
The members other than the chairman shall be medical practitioners appointed by the President after consultation with such academic medical bodies as appear to him to be appropriate.
The President shall nominate the chairman.
The President may nominate as chairman—
himself;
one of the full-time chairmen appointed under section 51(1) below; or
a person drawn from the panel appointed by the Lord Chancellor or, as the case may be, the Lord President of the Court of Session under section 7 of the Tribunals and Inquiries Act 1971.
No person shall be appointed chairman of a tribunal under subsection (4)(c) above unless he has a 5 year general qualification, or he is an advocate or solicitor in Scotland of at least 5 years' standing.
Subject to subsections (1) to (5) above, the constitution of medical appeal tribunals shall be determined by regulations.
Schedule 2 to this Act shall have effect for supplementing this section.
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The Lord Chancellor may, after consultation with the Lord Advocate, appoint—
a President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals; and
regional and other full-time chairmen of such tribunals.
A person is qualified to be appointed President if he has a 10 year general qualification or he is an advocate or solicitor in Scotland of at least 10 years' standing.
A person is qualified to be appointed a full-time chairman if he has a 5 year general qualification or he is an advocate or solicitor in Scotland of at least 5 years' standing.
Schedule 2 to this Act shall have effect for supplementing this section.
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Her Majesty may from time to time appoint, from among persons who have a 10 year general qualification or advocates or solicitors in Scotland of at least 10 years' standing—
a Chief Social Security Commissioner; and
such number of other Social Security Commissioners as Her Majesty thinks fit.
If the Lord Chancellor considers that, in order to facilitate the disposal of the business of Social Security Commissioners, he should make an appointment in pursuance of this subsection, he may appoint— to be a Social Security Commissioner (but to be known as a deputy Commissioner) for such period or on such occasions as the Lord Chancellor thinks fit.
a person who has a 10 year general qualification; or
an advocate or solicitor in Scotland of at least 10 years' standing; or
a member of the bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years' standing,
When the Lord Chancellor proposes to exercise the power conferred on him by subsection (2) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.
Schedule 2 to this Act shall have effect for supplementing this section.
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An authority to which this section applies may refer any question of special difficulty arising for decision by the authority to one or more experts for examination and report.
The authorities to which this section applies are—
an adjudication officer;
an adjudicating medical practitioner, or two or more such practitioners acting together;
a specially qualified adjudicating medical practitioner appointed by virtue of section 62 below, or two or more such practitioners acting together;
a social security appeal tribunal;
a disability appeal tribunal;
a medical appeal tribunal;
a Commissioner;
the Secretary of State.
Regulations may prescribe cases in which a Commissioner shall not exercise the power conferred by subsection (1) above.
In this section “expert” means a person appearing to the authority to have knowledge or experience which would be relevant in determining the question of special difficulty.
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Before a claim for an attendance allowance, a disability living allowance or a disability working allowance or any question relating to such an allowance is submitted to an adjudication officer under section 20 above the Secretary of State may refer the person in respect of whom the claim is made or the question is raised to a medical practitioner for such examination and report as appears to him to be necessary—
for the purpose of providing the adjudication officer with information for use in determining the claim or question; or
for the purpose of general monitoring of claims for attendance allowances, disability living allowances and disability working allowances.
An adjudication officer may refer— to a medical practitioner for such examination and report as appears to the adjudication officer to be needed to enable him to reach a decision on the claim or question or the matter under review.
a person in respect of whom such a claim is made or such a question is raised;
a person who has applied or is treated as having applied for a review under section 30 or 35 above,
The Secretary of State may direct adjudication officers to refer for advice to a medical practitioner who is an officer of the Secretary of State any case falling within a specified class of cases relating to attendance allowance or disability living allowance, and an adjudication officer may refer for advice any case relating to attendance allowance or disability living allowance to such a medical practitioner without such a direction.
An adjudication officer may refer for advice any case relating to disability working allowance to such a medical practitioner.
A medical practitioner who is an officer of the Secretary of State and to whom a case or question relating to an attendance allowance or a disability living allowance is referred under section 53 above or subsection (3) above may refer the case or question to the Disability Living Allowance Advisory Board for advice.
Such a medical practitioner may obtain information about such a case or question from another medical practitioner.
A medical practitioner who is an officer of the Secretary of State and to whom a question relating to disability working allowance is referred under section 53 above may obtain information about it from another medical practitioner.
Where— the adjudication officer shall decide the claim or question or matter under review against him.
the Secretary of State has exercised the power conferred on him by subsection (1) above or an adjudication officer has exercised the power conferred on him by subsection (2) above; and
the medical practitioner requests the person referred to him to attend for or submit himself to medical examination; but
he fails without good cause to do so,
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Where an appeal has been brought under section 33(1)(a) above, a person who may be nominated as chairman of a disability appeal tribunal may, if prescribed conditions are satisfied, refer the claimant to a medical practitioner for such examination and report as appears to him to be necessary for the purpose of providing a disability appeal tribunal with information for use in determining the appeal.
At a hearing before a disability appeal tribunal, except in prescribed circumstances, the tribunal—
may not carry out a physical examination of the claimant; and
may not require the claimant to undergo any physical test for the purpose of determining whether he satisfies the condition mentioned in section 73(1)(a) of the Contributions and Benefits Act.
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Where it appears to an authority to which this section applies that a matter before the authority involves a question of fact of special difficulty, then, unless regulations otherwise provide, the authority may direct that in dealing with that matter they shall have the assistance of one or more assessors.
The authorities to which this section applies are—
two or more adjudicating medical practitioners acting together;
two or more specially qualified adjudicating medical practitioners, appointed by virtue of section 62 below, acting together;
a social security appeal tribunal;
a disability appeal tribunal;
a medical appeal tribunal;
a Commissioner;
the Secretary of State.
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If it appears to the Chief Social Security Commissioner (or, in the case of his inability to act, to such other of the Commissioners as he may have nominated to act for the purpose) that an appeal falling to be heard by one of the Commissioners involves a question of law of special difficulty, he may direct that the appeal be dealt with, not by that Commissioner alone, but by a Tribunal consisting of any 3 of the Commissioners.
If the decision of the Tribunal is not unanimous, the decision of the majority shall be the decision of the Tribunal.
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Subject to the provisions of this Act, provision may be made by regulations for the determination— of any question arising under or in connection with the Contributions and Benefits Act or the former legislation, including a claim for benefit.
by the Secretary of State; or
by a person or tribunal appointed or constituted in accordance with the regulations,
In this section “the former legislation” means the National Insurance Acts 1965 to 1974 and the National Insurance (Industrial Injuries) Acts 1965 to 1974 and the 1975 Act and Part II of the 1986 Act.
Regulations under subsection (1) above may modify, add to or exclude any provisions of this Part of this Act, so far as relating to any questions to which the regulations relate.
It is hereby declared for the avoidance of doubt that the power to make regulations under subsection (1) above includes power to make regulations for the determination of any question arising as to the total or partial recoupment of unemployment benefit in pursuance of regulations under section 132 of the Employment Protection (Consolidation) Act 1978 (including any decision as to the amount of benefit).
Regulations under subsection (1) above may provide for the review by the Secretary of State of decisions on questions determined by him.
The Lord Chancellor may by regulations provide—
for officers authorised— to determine any question which is determinable by a Commissioner and which does not involve the determination of any appeal, application for leave to appeal or reference;
by the Lord Chancellor; or
in Scotland, by the Secretary of State,
for the procedure to be followed by any such officer in determining any such question;
for the manner in which determinations of such questions by such officers may be called in question.
A determination which would have the effect of preventing an appeal, application for leave to appeal or reference being determined by a Commissioner is not a determination of the appeal, application or reference for the purposes of subsection (6) above.
Regulations under subsection (1) above may provide— and subsections (5) to (7) of section 18 above shall apply to a reference or appeal under this subsection as they apply to a reference or appeal under subsections (1) to (3) of that section.
for the reference to the High Court or, in Scotland, the Court of Session for decision of any question of law arising in connection with the determination of a question by the Secretary of State; and
for appeals to the High Court or Court of Session from the decision of the Secretary of State on any such question of law;
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Regulations (in this section referred to as “procedure regulations”) may make any such provision as is specified in Schedule 3 to this Act.
Procedure regulations may deal differently with claims and questions relating to—
benefit under Parts II to IV of the Contributions and Benefits Act;
industrial injuries benefit;
each of the other benefits to which section 20 above applies.
At any inquiry held by virtue of procedure regulations the witnesses shall, if the person holding the inquiry thinks fit, be examined on oath; and the person holding the inquiry shall have power to administer oaths for that purpose.
In proceedings for the determination of a question mentioned in section 17(1)(c) above (including proceedings on an inquiry)—
in England and Wales, there shall be available to a witness (other than the person who is liable, or alleged to be liable, to pay the Class 1A contribution in question) any privilege against self-incrimination or incrimination of a spouse which is available to a witness in legal proceedings; and
in Scotland, section 3 of the Evidence (Scotland) Act 1853 (competence and compellability of witnesses) shall apply as it applies to civil proceedings.
Procedure regulations prescribing the procedure to be followed in cases before a Commissioner shall provide that any hearing shall be in public except in so far as the Commissioner for special reasons otherwise directs.
It is hereby declared—
that the power to prescribe procedure includes power to make provision as to the representation of one person, at any hearing of a case, by another person whether having professional qualifications or not; and
that the power to provide for the manner in which questions arising for determination by the Secretary of State are to be raised includes power to make provision with respect to the formulation of any such questions, whether arising on a reference under section 117 below or otherwise.
Except so far as it may be applied in relation to England and Wales by procedure regulations, the Arbitration Act 1950 shall not apply to any proceedings under this Part of this Act.
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Subject to the provisions of this Part of this Act, the decision of any claim or question in accordance with the foregoing provisions of this Part of this Act shall be final; and subject to the provisions of any regulations under section 58 above, the decision of any claim or question in accordance with those regulations shall be final.
Subsection (1) above shall not make any finding of fact or other determination embodied in or necessary to a decision, or on which it is based, conclusive for the purpose of any further decision.
A decision (given under subsection (2) of section 44 above or otherwise) that an accident was an industrial accident is to be taken as determining only that paragraphs (a), (b) and (c) of subsection (5) of that section are satisfied in relation to the accident, and neither any such decision nor the reference to an adjudicating medical practitioner or a medical appeal tribunal under section 45 above of the disablement questions in connection with any claim to or award of disablement benefit is to be taken as importing a decision as to the origin of any injury or disability suffered by the claimant, whether or not there is an event identifiable as an accident apart from any injury that may have been received; but—
a decision that on a particular occasion when there was no such event a person had an industrial accident by reason of an injury shall be treated as a decision that, if the injury was suffered by accident on that occasion, the accident was an industrial accident; and
a decision that an accident was an industrial accident may be given, and a declaration to that effect be made and recorded in accordance with section 44 above, without its having been found that personal injury resulted from the accident (saving always the discretion under subsection (3) of that section to refuse to determine the question if it is unlikely to be necessary for the purposes of a claim for benefit).
Notwithstanding anything in subsection (2) or (3) above (but subject to the provisions of this Part of this Act as to appeal and review), where for purposes of disablement pension or disablement gratuity in respect of an accident it has been found by an adjudicating medical practitioner or a medical appeal tribunal, on the determination or last determination of the disablement questions, that an injury resulted in whole or in part from the accident, then for purposes of industrial death benefit in respect of that accident the finding shall be conclusive that the injury did so result.
Subsections (2) to (4) above shall apply as regards the effect to be given in any proceedings to any decision, or to a reference under section 45 above, whether the decision was given or reference made or the proceedings were commenced before or after the passing of the National Insurance Act 1972 (section 5 of which originally contained the provisions contained in this section), except that it shall not affect the determination of any appeal under section 48 above from a decision of a medical appeal tribunal given before the passing of that Act, nor affect any proceedings consequent on such an appeal from a decision so given; and accordingly—
any decision given before the passing of that Act that a claimant was not entitled to industrial death benefit may be reviewed in accordance with this Part of this Act to give effect to subsection (4) above; and
the references in subsections (2) and (3) above to provisions of this Act, and the reference in this subsection to section 45 above shall (so far as necessary) include the corresponding provisions of previous Acts.
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Regulations may make provision as respects matters arising—
pending the determination under this Act (whether in the first instance or on an appeal or reference, and whether originally or on review)—
of any claim for benefit to which this section applies; or
of any question affecting any person’s right to such benefit or its receipt; or
of any person’s liability for contributions under Part I of the Contributions and Benefits Act; or
out of the revision on appeal or review of any decision under this Act on any such claim or question.
Without prejudice to the generality of subsection (1) above, regulations under that subsection may include provision as to the date from which any decision on a review is to have effect or to be deemed to have had effect.
Regulations under subsection (1) above as it applies to child benefit may include provision as to the date from which child benefit is to be payable to a person in respect of a child in a case where, before the benefit was awarded to that person, child benefit in respect of the child was awarded to another person.
This section applies—
to benefit as defined in section 122 of the Contributions and Benefits Act;
to child benefit;
to statutory sick pay;
to statutory maternity pay;
to income support;
to family credit;
to disability working allowance; and
to any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act.
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Regulations shall provide for applying, in relation— the provisions of this Part of this Act subject to any prescribed additions or modifications.
to claims for benefit under sections 108 to 110 of the Contributions and Benefits Act; and
to questions arising in connection with such claims or with awards of such benefit,
Regulations for those purposes may in particular provide—
for the appointment of specially qualified adjudicating medical practitioners and the appointment of medical officers for the purposes of the regulations (which shall be taken to include, in the case of specially qualified adjudicating medical practitioners, the purposes for which adjudicating medical practitioners are appointed and medical appeal tribunals are established); and
for the payment by the prescribed persons of fees of the prescribed amount in connection with any medical examination by specially qualified adjudicating medical practitioners or any such officer and their return in any prescribed cases, and (so far as not required to be returned) their payment into the National Insurance Fund and recovery as sums due to that Fund.
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Regulations shall provide that, where a person has claimed— the authority shall notify the person of its determination of the claim.
housing benefit; or
a community charge benefit as regards a personal or collective community charge of a charging authority; or
a community charge benefit as regards a personal or collective community charge payable to a levying authority,
Any such notification shall be given in such form as may be prescribed.
Regulations shall make provision for reviews of determinations relating to housing benefit or community charge benefits.
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The Secretary of State shall appoint officers, to be known as “social fund officers”, for the purpose of performing functions in relation to payments out of the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.
A social fund officer may be appointed to perform all the functions of social fund officers or such functions of such officers as may be specified in his instrument of appointment.
The Secretary of State may nominate for an area a social fund officer who shall issue general guidance to the other social fund officers in the area about such matters relating to the social fund as the Secretary of State may specify.
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There shall continue to be an officer, to be known as “the social fund Commissioner” (in this section referred to as “the Commissioner”).
The Commissioner shall be appointed by the Secretary of State.
The Commissioner— as he thinks fit, but with the consent of the Secretary of State and the Treasury as to numbers.
shall appoint such social fund inspectors; and
may appoint such officers and staff for himself and for social fund inspectors,
Appointments under subsection (3) above shall be made from persons made available to the Commissioner by the Secretary of State.
It shall be the duty of the Commissioner—
to monitor the quality of decisions of social fund inspectors and give them such advice and assistance as he thinks fit to improve the standard of their decisions;
to arrange such training of social fund inspectors as he considers appropriate; and
to carry out such other functions in connection with the work of social fund inspectors as the Secretary of State may direct.
The Commissioner shall report annually in writing to the Secretary of State on the standards of reviews by social fund inspectors and the Secretary of State shall publish his report.
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A social fund officer— and may exercise on a review any power exercisable by an officer under Part VIII of the Contributions and Benefits Act.
shall review a determination made under the Contributions and Benefits Act by himself or some other social fund officer, if an application for a review is made within such time and in such form and manner as may be prescribed by or on behalf of the person who applied for the payment to which the determination relates; and
may review such a determination in such other circumstances as he thinks fit;
The power to review a determination conferred on a social fund officer by subsection (1) above includes power to review a determination made by a social fund officer on a previous review.
On an application made by or on behalf of the person to whom a determination relates within such time and in such form and manner as may be prescribed a determination of a social fund officer which has been reviewed shall be further reviewed by a social fund inspector.
On a review a social fund inspector shall have the following powers—
power to confirm the determination made by the social fund officer;
power to make any determination which a social fund officer could have made;
power to refer the matter to a social fund officer for determination.
A social fund inspector may review a determination under subsection (3) above made by himself or some other social fund inspector.
In determining a question on a review a social fund officer or social fund inspector shall have regard, subject to subsection (7) below, to all the circumstances of the case and, in particular, to the matters specified in section 140(1)(a) to (e) of the Contributions and Benefits Act.
An officer or inspector shall determine any question on a review in accordance with any general directions issued by the Secretary of State under section 140(2) of the Contributions and Benefits Act and any general directions issued by him with regard to reviews and in determining any such question shall take account of any general guidance issued by him under that subsection or with regard to reviews.
Directions under this section may specify—
the circumstances in which a determination is to be reviewed; and
the manner in which a review is to be conducted.
In reviewing a question under this section a social fund officer shall take account (subject to any directions or guidance issued by the Secretary of State under this section) of any guidance issued by the social fund officer nominated for his area under section 64(3) above.
A social fund inspector reviewing a determination shall be under the same duties in relation to such guidance as the social fund officer or inspector who made the determination.
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A determination by the competent authority that a person is entitled or not entitled to payment of a qualifying benefit in respect of a period which includes a day in the relevant week shall be conclusive for the purposes of section 148 of the Contributions and Benefits Act; and in this subsection “competent authority” means, in relation to a payment of any description of a qualifying benefit, an authority that ordinarily determines whether a person is entitled to such a payment.
Any question arising under that section other than one determined or falling to be determined under subsection (1) above shall be determined by the Secretary of State whose decision shall except as provided by subsection (3) below be final.
The Secretary of State may reverse a decision under subsection (2) above on new facts being brought to his notice or if he is satisfied that the decision was given in ignorance of, or was based on a mistake as to, some material fact.
Expressions used in this section to which a meaning is assigned by section 150 of the Contributions and Benefits Act have that meaning in this section.
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This section applies where—
on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
after both— a claim which falls, or which would apart from this section fall, to be decided in accordance with the relevant determination is made or treated under section 7(1) above as made by any person for any benefit.
13th July 1990 (the date of the coming into force of section 165D of the 1975 Act, the provision of that Act corresponding to this section); and
the date of the relevant determination,
Where this section applies, any question which arises on, or on the review of a decision which is referable to, the claim mentioned in subsection (1)(b) above and which relates to the entitlement of the claimant or any other person to any benefit— shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
in respect of a period before the relevant date; or
in the case of a widow’s payment, in respect of a death occurring before that date,
In determining whether a person is entitled to benefit in a case where— subsection (2) above shall be disregarded for the purpose only of determining the question whether he was entitled as mentioned in paragraph (a) above.
his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age; and
he attained that age—
before both the date of the relevant determination and the date of the claim referred in subsection (1)(b) above, but
not before the earliest day in respect of which benefit could, apart from this section, have been awarded on that claim,
In this section—
“shadow director” means a shadow director as defined in section 251 of the Companies Act 2006;
an adjudication officer or, where the original decision was given on a reference under section 21(2) or 25(1) above, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal;
community charge benefits;
payments out of the social fund;
Christmas bonus;
statutory sick pay; and
“unmarried couple” means a man and woman who are not married to each other but are living together as husband and wife otherwise than in circumstances prescribed under section 132 of the Contributions and Benefits Act.
in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and
in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment.
Section 1(6)
Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 1st October 1986 as if the following subsections were substituted for subsections (1) to (3)—
Section 1 above shall have effect in relation to a claim made or treated as made on or after 1st October 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “,reduced earnings allowance” after the words “disablement benefit”.
Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 21st July 1989, as if—
the following subsection were substituted for subsection (1)—
there were omitted—
from subsection (2), the words “except as provided by section 3 below”; and
subsection (3).
Section 1 above shall have effect in relation to a claim made or treated as made on or after 21st July 1989 and before 13th July 1990 as if there were omitted—
from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;
from subsection (2), the words “except as provided by section 3 below”; and
subsection (3).
Section 1 above shall have effect in relation to a claim made or treated as made on or after 13th July 1990 and before 1st October 1990 as if there were omitted—
from subsection (1), the words “the following provisions of this section and to”; and
subsection (3).
Sections 41, 43 and 50 to 52
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for himself;
for the regional and other full-time chairmen;
for social security appeal tribunals;
for disability appeal tribunals; and
for medical appeal tribunals,
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to arrange— as he considers appropriate; and
such meetings of chairmen and members of social security appeal tribunals, chairmen and members of disability appeal tribunals and chairmen and members of medical appeal tribunals;
such training for such chairmen and members,
to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals.
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is signed by a person authorised in that behalf by the Secretary of State; and
states that the document, apart from the certificate, is a record of a decision—
of a Commissioner;
of a social security appeal tribunal;
of a disability appeal tribunal; or
of an adjudication officer,
Section 59
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a Commissioner;
a social security appeal tribunal;
a disability appeal tribunal;
a medical appeal tribunal;
an adjudicating medical practitioner.
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for producing any evidence; or
for making an appeal.
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Section 123
A civil servant in— the Department for Work and Pensions; the Ministry of Justice. The Ministry of Defence
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A civil servant in the Scottish Administration or the Scottish Courts Administration.
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A member, officer or employee of an authority administering housing benefit or council tax benefit. A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person. A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit. A member, officer or employee of a county council in England who exercises— any function conferred on the county council by regulations made under section 7A of this Act; any function in connection with a relevant purpose within the meaning of section 7B(3) of this Act. A person authorised to exercise any such function of such a county council or an employee of such a person.
The clerk to, or other officer or member of the staff of, any of the following bodies— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
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An officer or other member of the staff of— the former Supplementary Benefits Commission; the former National Assistance board; the former Attendance Allowance Board. A benefit officer. An insurance officer. A supplement officer. A Chief Adjudication Officer. An adjudication officer. A social fund officer. The social fund Commissioner. A social fund inspector. A member of any staff employed in connection with the social fund. A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal. The clerk to, or other officer or member of the staff of, an appeal tribunal. The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.
The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to the investigation or prosecution of offences relating to tax credits, to child support or to occupational or personal pension schemes.
the former Department of Health and Social Security,
the former Ministry of Pensions and National Insurance,
the former Ministry of Social Security, and
any other former government department,
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The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to— and paragraph 1 above does not apply for the purposes of this paragraph.
the former Department of Social Security,
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,
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,
the former Ministry of Pensions and National Insurance,
the former Ministry of Social Security and
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,
Any reference in Part I of this Schedule to the Ministry of Justice ... or or the Scottish Courts Administration is a reference to that Ministry or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner; ...
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The reference in Part 1 of this Schedule to the Scottish Administration is a reference to that Administration only to the extent that the functions carried out by persons in its employ—
relate to social security, or
are, or are connected with, functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner.
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any of the following aspects of social security—
National Insurance contributions;
statutory sick pay;
statutory maternity pay; or
the tax treatment of occupational or personal pension schemes.
In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.
Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to— 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).
the former Lord Chancellor’s Department, and
the former Department of Constitutional Affairs,
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.
Section 170
The Committee shall consist of a chairman appointed by the Secretary of State and not less than 10 nor more than 13 other members so appointed.
Each member of the Committee shall be appointed to hold office for such a period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine. The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member's term of office; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire. Any member—
Of the members of the Committee (other than the chairman) there shall be appointed— and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled. In selecting a person with such experience regard shall be had to the desirability of having a chronically sick or disabled person. The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.
The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.
The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Treasury determine.
The expenses of the Committee to such an amount as may be approved by the Treasury shall be paid by the Secretary of State.
There may be paid as part of the expenses of the Committee— as the Secretary of State may with the consent of the Treasury determine.
to all or any of the mdmbers of the Committee, such salaries or other remuneration and travelling and other allowances; and
to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),
The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Treasury. Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Treasury.
The Committee may act notwithstanding any vacancy among the members.
The Committee may make rules for regulating its procedure (including the quorum of the Committee).
Section 171
The Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may determine. The members other than the chairman shall include an equal number of persons appointed by the Secretary of State, after consultation with such organisations as he thinks fit, to represent employers and employed earners respectively.
The Secretary of State may pay— as the Secretary of State may with the consent of the Treasury determine. Any payment under paragraph (a) of sub-paragraph (1) above may be made either in lieu of or in addition to any payment to the recipient under paragraph (c) of that sub-paragraph. Any payment under sub-paragraph (1)(b) above may be made either in lieu of or in addition to any expenses or travelling or other allowances payable to the recipient apart from that sub-paragraph.
Section 172
Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act.
Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.
Regulations relating only to industrial injuries benefit.
Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under one or more of the following provisions—
section 141, 143, ... or 145 above;
section 150 or 150A above.
Regulations contained in a statutory instrument which states that it contains only regulations to make provision consequential on regulations under section 5 of the Contributions and Benefits Act.
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Regulations under section 96A of the Welfare Reform Act 2012.
Regulations prescribing the rate or any of the rates of child benefit in Great Britain.
Regulations varying social security benefits following an increase of the rate or any of the rates of child benefit in Great Britain.
Regulations under section ... 167 of the Contributions and Benefits Act.
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Regulations made for the purpose only of consolidating other regulations revoked by them.
Regulations under section 121(1)(b) of the Contributions and Benefits Act.
Regulations contained in a statutory instrument which states that it contains only provision in consequence of an order under section 141, 143, ... , 150 or 150A above.
Regulations contained in a statutory instrument made within a period of 6 months from the date of any Act passed after this Act and directed to be construed as one with this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.
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Regulations contained in a statutory instrument which states that it contains only regulations making with respect to industrial injuries or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.
Regulations contained in a statutory instrument which states that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.
Regulations made for the purpose only of consolidating other regulations revoked by them.
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The Joint Authority shall be a body corporate by the name of the National Insurance Joint Authority, and shall have an official seal which shall be officially and judicially noticed, and the seal of the Authority may be authenticated by either member of, or the secretary to, the Authority, or by any person authorised by the Authority to act on behalf of the secretary.
Either member of the Joint Authority shall be entitled, subject to and in accordance with any rules laid down by the Authority, to appoint a deputy to act for him at meetings of the Authority at which he is unable to be present.
The Documentary Evidence Act 1868 shall apply to the Joint Authority as if the Authority were included in the first column of the Schedule to that Act, and as if either member or the secretary, or any person authorised to act on behalf of the secretary, of the Authority were mentioned in the second column of that Schedule, and as if the regulations referred to in that Act included any document issued by the Authority.
Section 185
The provisions of this paragraph shall have effect with respect of schemes under paragraph 2 of Schedule 8 to the Contributions and Benefits Act, and any such scheme is hereinafter in this paragraph referred to as “a scheme”. A scheme may make such incidental, supplementary, consequential or transitional provision as appears to the Secretary of State to be necessary or expedient for the purposes of that paragraph. A scheme shall in particular make provision with respect to the making of claims for allowances, with respect to the determination of questions arising on or in connection with any such claim or the payment of allowances, and with respect to any other matters necessary for the proper administration of any scheme; and, subject to any provisions of a scheme for reviewing decisions, the decision in accordance with a scheme of any question arising under a scheme shall be final for the purposes of paragraph 2 of Schedule 8 to the Contributions and Benefits Act. Without prejudice to the generality of sub-paragraph (2) above, a scheme may make provision— The Secretary of State may make such payments in connection with the administration of any scheme (including payments on account of travelling expenses or loss of remunerative time or both to persons required to undergo medical or other examination or to attend any hearing for the purpose of determining questions arising under any such scheme), as he may with the consent of the Treasury determine. Notwithstanding anything in this Act, Chapter II of Part I of the Social Security Act 1998 or the Contributions and Benefits Act, a scheme shall not require a person to submit himself to medical treatment. A scheme varying an earlier scheme may do so in such a way as to make allowances payable, or payable at an increased rate, under the earlier scheme in respect of periods before the making of the later scheme.
Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6) of paragraph 1 above shall have effect for the purposes of paragraph 4 of Schedule 8 to the Contributions and Benefits Act as if in those sub-paragraphs— Nothing in this Schedule or in Schedule 8 to that Act shall authorise the recovery of sums by deduction from payments under paragraph 4 of that Schedule in respect of the death of any person, or the abatement of such payments. Without prejudice to the powers conferred by paragraph 1 above as applied by this paragraph, a scheme under paragraph 4 may in particular make provision for the determination by a medical board of questions of such classes as may be prescribed by the scheme. Without prejudice to the provision made by sub-paragraphs (1) and (3) above with respect to the determination of questions, such a scheme may, where it appears to the Secretary of State expedient so as to avoid the introduction or working of the scheme being impeded, provide that, in any circumstances prescribed by the scheme, a person shown to be disabled by a disease shall be presumed for the purposes of the scheme to have been disabled by that disease for such period previously, and the disablement to have been during that period or any part of it of such a nature and degree, as may be so prescribed.
A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may include provisions for adjusting the rate of, or extinguishing any right to, an allowance under the paragraph in question or under the other of those paragraphs in a case where the same person is, or would otherwise be, entitled separately in respect of two or more injuries or diseases to an allowance under the paragraph in question or, as the case may be, to both such an allowance and an allowance under the other of those paragraphs. Where immediately before 22nd June 1967 (the commencement of the Industrial Injuries and Diseases (Old Cases) Act 1967) a person was receiving payments by virtue of section 3(2) of the Workmen's Compensation and Benefit (Amendment) Act 1965 of a greater amount or aggregate amount than, but for the provisions of this sub-paragraph, he would have been entitled to receive on or after 6th April 1975 (the commencement of the Old Cases Act) by way of allowances under section 2 or 5 of that Act, he shall continue to be entitled to that greater amount or aggregate amount for any period commencing on or after that date for which he would have so continued if neither Act had been passed.
A scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act may make provision in relation to allowances under that Schedule corresponding to the provision made by section 71 above in relation to the benefits to which it applies.
Section 186
In this Schedule—“the former National Insurance Acts” means the National Insurance Act 1946 and the National Insurance Act 1965; and“the former Industrial Injuries Acts” means the National Insurance (Industrial Injuries) Act 1946 and the National Insurance (Industrial Injuries) Act 1965. Claims and payments
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). The benefits mentioned in sub-paragraph (1) above are benefits under—
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). The benefits mentioned in sub-paragraph (1) above are benefits under—
Sections 8 to 18, 29 to 31 and 39 of the Social Security Act 1998 and sections 124 to 124B above shall have effect for the purposes of the benefits specified in paragraph 2(2) above as they have effect for the purposes of benefit within the meaning of section 122 of the Contributions and Benefits Act other than attendance allowance, disability living allowance and disability working allowance. Procedure regulations made under section 16 of the Social Security Act 1998 by virtue of sub-paragraph (1) may make different provision in relation to each of the benefits specified in paragraph 2(2) above.
Section 71 above shall have effect in relation to the benefits mentioned in paragraph 2(2) above as it has effect in relation to the benefits to which it applies by virtue of subsection (11). Section 74 above shall have effect in relation to supplementary benefit as it has effect in relation to income support. The reference to housing benefit in section 75 above includes a reference to housing benefits under Part II of the Social Security and Housing Benefit Act 1982.
Part IV of this Act shall have effect as if the following Acts were included in the Acts comprised in the relevant social security legislation—
the Supplementary Benefits Act 1976;
the Family Income Supplements Act 1970.
Section 116 above shall have effect as if any reference to this Act in that section included—
the National Assistance Act 1948;
the Supplementary Benefit Act 1966;
the Supplementary Benefits Act 1976;
the Supplementary Act 1976;
the Family Income Supplements Act 1970.
the Family Income Supplements Act 1970.
1(1) 1975(1) s.165A(1); 1986 s.86(1), Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 s.6(1)(a) (2) 1975(1) s.165A(2); 1986 s.86(1), Sch.10, para.87; 1990 s.6(1)(b) (3) 1975(1) s.165A(3); 1990 s.1(6); 1991(2) s.4, Sch.1, para.19 (4) 1975(1) s.165A(1); 1986 s.86, Sch.10, para.48(b); 1990 s.5(4) (5), (6) Drafting 2(1) 1975(1) s.165B(1); 1990 s.5(1) (2), (3) 1975(1) s.165B(2); 1990 s.5(1) (4), (5) 1975(1) s.165B(3), (4); 1990 s.5(1) 3 1975(1) s.165C; 1990 s.6(2) 4 1990 s.21(1), Sch.6, para.27(2) 5(1)(a)—(h) 1986 s.51(1)(a)—(h) (i)—(r) 1986 s.51(1)(k)—(t) (2) 1986 s.51(2); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.1 (3) Housing Act 1988 (c. 50) s.121(6) (4), (5) 1986 s.51(3),(4) 6(1)(a) - (k) 1986 s.51A(1)(a) - (k); 1988(2) s.135, Sch.10, para.8 (l) 1986 s.51A(1)(kk); 1989 s.31(1), Sch.8, para.9(6)(a) (m) - (p) 1986 s.51A(1)(l) - (o); 1988(2) s.135, Sch.10, para.8 (q) 1986 s.51A(1)(oo); 1989 s.31(1), Sch.8, para.9(6)(b) (r) - (u) 1986 s.51A(1)(p) - (s); 1988(2) s.135, Sch.10, para.8 (2),(3) 1986 s.51A(2),(3); 1988(2) s.135, Sch.10, para.8 7 1986 s.51B; 1988(2) s.135, Sch.10, para.8 8 1975(1) s.88 9 1975(1) s.89 10(1) 1975(1) s.90(2); 1988(1) s.2, Sch.1, para.6 (2) 1975(1) s.90(3); 1986 s.86, Sch.10, para.85 (3) 1975(1) s.90(4) 11 1986 s.27B(1) - (3); 1991(2) s.7(1) 12(1) 1986 s.33(1); 1988(1) s.11, Sch.3, para.9 (2) 1986 s.33(13); 1990 s.10(5) 13(1) 1975(3) s.6(1); 1989 s.26, Sch.7, para.22 (2) 1975(3) s.6(3) 14(1) 1982(2) s.17(2) (2) 1982(2) s.17(2A); 1985 s.20 (3) 1982(2) s.17(3) 15(1) 1986 s.49, Sch.4, para.6 (2) 1986 s.49, Sch.4, para.7 16 1988(1) s.8 17(1)(a),(b) 1975(1) s.93(1)(a),(b) (c) 1975(1) s.93(1)(bb); 1991(3) s.3(1) (d) 1975(1) s.93(1)(d) (e) 1975(1) s.93(1)(e); 1977 s.22(5) (f) 1975(2) s.60(1)(a) (g)(i) - (iv) 1986 s.52(2), Sch.5, Part II, para.(b)(i) - (iv) (v) 1986 s.52(2), Sch.5, Part II, para.(b)(vi); 1991(1) s.2(3) (vi) 1986 s.52(2), Sch.5, Part II, para.b(v) (h) 1986 s.52(2), Sch.5, Part II, para.(c) (2) 1975(1) s.93(2) (3) 1975(1) s.93(2A); 1989 s.21, Sch.3, para.1(1); R8 (4) 1975(1) s.93(3); R8 18(1) 1975(1) s.94(1); R8 (2) - (5) 1975(1) s.94(2) - (5) (6), (7) 1975(1) s.94(7), (8) 19(1) 1975(1) s.96(1); 1986 s.52(1), Sch.5, para.3; R8 (2), (3) 1975(1) s.96(2); 1980(1) ss.2, 21, Sch.1, para.9 20(1) 1975(1) s.98(1); 1991(2) s.4, Sch.1, para.2 (2) 1975(1) s.98(2); 1986 s.52(1), Sch.5, para.4 (3) 1975(1) s.98(1); 1986 s.52(3), (7)(a); 1991(2) s.4, Sch.2, para.15(a) (4) 1975(1) s.98(2A); 1986 s.52(1), Sch.5, para.4 (5) 1975(1) s.98(3) (6) 1975(1) s.98(1); 1986 s.52(3)(a), (3A), (6); 1988(1), s.11, Sch.3, para.16; 1991(2) ss.4, 7, Sch.2, para.15(a), Sch.3, para.3(1) 21(1) 1975(1) s.99(1); 1991(2) s.4, Sch.1, para.3(1) (2) 1975(1) s.99(2); 1986 s.52(1), Sch.5, para.5; 1991(2) s.4, Sch.1, para.3(2) (3) 1975(1) s.99(2A); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.3(3), Sch.3, para.3(1) (4), (5) 1975(1) s.99(3); 1986 s.52(7)(b) (6) 1975(1) s.99(4); 1989 s.21, Sch.3, para.2 22(1) 1975(1) s.100(1); 1986 s.52(3A), (7)(c)(i); 1991(2) ss.4, 7, Sch.1, para.4(a), Sch.3, para.3(1) (2) 1975(1) s.100(2); 1986 s.52(1), (7)(c)(ii), Sch.5, para.6(b); 1991(2) s.4, Sch.1, para.4(b) (3) 1975(1) s.100(3); 1986 s.52(1), Sch.5, para.6(c) (4) 1975(1) s.100(4); 1986 s.52(1), Sch.5, para.6(d) (5) 1975(1) s.100(7); 1986 s.52(1), (7)(c)(iii), Sch.5, para.6(e); 1991(2) s.4, Sch.1, para.4(c) (6), (7) 1975(1) s.100(8),(9); 1990 s.21(1), Sch.6, para.6(1) 23(1) 1975(1) s.101(1); 1986 s.52(1), Sch.5, para.7(1) (2) 1975(1) s.101(2); 1986 s.52(7)(d) (3) 1975(1) s.101(2)(a), (b), (c), (d); 1986 s.52(1), Sch.5, para.7(2) (4) 1975(1) s.101(2)(bb); 1990 s.21(1), Sch.6, para.6(2) (5) 1975(1) s.101(3); 1990 s.21(1), Sch.6, para.6(3) (6) 1975(1) s.101(4) (7), (8) 1975(1) s.101(5); 1986 s.52(1), Sch.5, para.7(3); 1989 s.21, Sch.3, para.6 (9), (10) 1975(1) s.101(5A), (5B); 1986 s.52(1), Sch.5, para.7(3) 24(1) - (5) 1980(1) s.14(1)—(5) (6) 1980(1) s.14(8)(a); The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 25(1) 1975(1) s.104(1); 1986 s.52(1), (3)(a), (3A), (6) Sch.5, para.10(a); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.14; 1989 ss.10(5), 21, Sch.3, para.11(1); 1991(2) ss.4, 7, Sch.1, para.8(a), Sch.3, para.3(1) (2) 1975(1) s.104(1A); 1983 s.25, Sch.8, para.3; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.8(b), Sch.3, para.3(1) (3) 1975(1) s.104(1); 1986 s.52(1), Sch.5, para.10(a) (4) 1986 s.52(8); R9 (5) 1975(1) s.104(1ZA); 1989 s.25, Sch.3, para.11(2) 26(1),(2) 1975(1) s.104(2),(3) (3) 1975(1) s.104(3A); 1986 s.52(1), Sch.5, para.10(c) 27(1) 1975(1) s.104(5); 1986 s.52(1), Sch.5, para.10(d); 1989 s.21, Sch.3, para.11(4) (2) 1975(1) s.104(6); 1990 s.6(3) 28 1975(1) s.104(4) 29 1975(1) s. 104(3B); 1989 s.21, Sch.3, para.7 30(1) 1975(1) s.100A(1); 1986 s.52(3A), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (2) 1975(1) s.100A(2); 1991(2) s.4, Sch.1, para.5 (3) 1975(1) s.100A(3); 1991(2) s.4, Sch.1, para.5 (4) 1975(1) s.100A(4); 1991(2) s.4, Sch.1, para.5 (5) 1975(1) s.100A(2); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (6) - (11) 1975(1) s.100A(5) - (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (12) 1975(1) s.100A(11); 1991(2) s.4, Sch.1, para.5 (13) 1975(1) s.100A(12); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 31 1975(1) s.100B; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 32(1) 1975(1) s.100C(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (2) - (5) 1975(1) s.100C(2) - (5); 1991(2) s.4, Sch.1, para.5 (6), (7) 1975(1) s.100C(6), (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (8) 1975(1) ss.100C(8)(a), 104(5)(b); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (9), (10) 1975(1) s.100C(9), (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 33 1975(1) s.100D(1) - (6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 34(1) 1975(1) s.101(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.6(a), Sch.3, para.3(1) (2) 1975(1) s.101(2), (3); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.101(4); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (4) 1975(1) s.101(5) - (5B); 1991(2) s.7, Sch.3, para.3(1) (5) 1980(1) s.14(1) - (5), (8)(a) 35(1), (2) 1975(1) s.104A(1), (2); 1991(2) s.4, Sch.1, para.9 (3) 1975(1) s.104A(1); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3) (4) 1975(1) s.104A(3); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (5) 1975(1) ss.104(3A), 104A(9); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (6) - (9) 1975(1) s.104A(4) - (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (10) 1975(1) ss.104(5)(b), 104A(9)(c); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (11) 1975(1) ss.104(1ZA), 104A(9)(a); 1991(2) s.4, Sch.1, para.9 (12) 1975(1) s.104A(8); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) 36(1) 1975(1) s.102(1), (2); 1986 s.52(1), Sch.5, para.8; 1991(2) s.4, Sch.1, para.7(1) (2) 1975(1) s.102(3); 1991(2) s.4, Sch.1, para.7(2) 37(1) 1975(1) s.103(1); 1986 s.52(1) Sch.5, para.9 (2) 1975(1) 103(2); 1986 s.52(1), Sch.5, para.9; 1989 s.21, Sch.3, para.15 (3) 1975(1) s.103(3); 1986 s.52(1), Sch.5, para.9 38(1) 1975(1) s.97(1); 1983 s.25, Sch.8, para.2; 1990 s.21(1), Sch.6, para.5(1) (2) 1975(1) s.97(1A); 1983 s.25, Sch.8, para.2 39 1975(1) s.97(1B)—(1E); 1983 s.25, Sch.8, para.2 40(1) 1975(1) s.97(4), Sch.10, para.1(1); 1983 s.25, Sch.8, para.7 (2), (3) 1975(1) s.97(4), Sch.10, para.1(2), (2A); 1984 s.16(b) (4) 1975(1) s.97(4), Sch.10, para.1(6); 1983 s.25, Sch.8, para.7 41(1) 1975(1) s.97(2); 1983 s.25, Sch.8, para.2 (2) 1975(1) s.97(2A); 1984 s.16(a) (3),(4) 1975(1) s.97(2C),(2D); 1983 s.25, Sch.8, para.2 (5) 1975(1) s.97(2E); 1983 s.25, Sch.8, para.2; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(1) (6) 1975(1) s.97(4), Sch.10, para.1(8); 1983 s.25, Sch.8, para.7 (7) Drafting 42(1) - (5) 1975(1) s.100D(7), Sch.10A, paras.3 - 7; 1991(2) s.4, Sch.1, paras.5, 16 (6) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(2A); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 (7) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(6); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 43(1) 1975(1) s.100D(7), Sch.10A, para.1; 1991(2) s.4, Sch.1, paras.5, 16 (2), (3) 1975(1) s.100D(7), Sch.10A, paras.9, 10; 1991(2) s.4, Sch.1, paras.5, 16 (4)—(6) 1975(1) ss.97(2C)—(2E), 100D(7), Sch.10A, para.2; 1991(2) s.4, Sch.1, paras.5, 16 (7), (8) 1975(1) s.100D(7), Sch.10A, paras.12, 13; 1991(2) s.4, Sch.1, paras.5, 16 (9) Drafting 44(1)—(3) 1975(1) s.107(1)—(3) (4), (5) 1975(1) s.107(4); 1988 s.2, Sch.1, para.6 (6) 1975(1) s.107(5) (7) 1975(1) s.107(6); 1986 s.52(1), Sch.5, para.12(a) 45(1) 1975(1) s.108(1); 1984 s.11(2), Sch.4, para.5; 1986 s.39, Sch.3, para.14(a); 1989 s.21, Sch.3, para.12(1) (2) 1975(1) s.108(2); 1983 s.25, Sch.8, para.21(1); 1984 s.11(2), Sch.4, para.6 (3) 1975(1) s.108(4); 1983, s.25, Sch.8, para.21(3) (4),(5) 1975(1) s.108(4A),(4B); 1989 s.21, Sch.3, para.12(2) (6) 1975(1) s.108(5); 1983 s.25, Sch.8, para.21(3) 46(1) 1975(1) s.109(1); 1983 s.25, Sch.8, para.22(a); 1984, s.11(2), Sch.4, para.7 (2) 1975(1) s.109(2); 1983 s.25, Sch.8, para.22(b)(i) (3) 1975(1) s.109(3); 1983 s.25, Sch.8, para.22(c); 1986 s.52(1), Sch.5, para.13 47(1) 1975(1) s.110(1); 1979 s.21(4), Sch.3, para.8; 1983 s.25, Sch.8, para.23(a) (2),(3) 1975(1) s.110(1A),(1B); 1986 s.52(1), Sch.5, para.14(b) (4) 1975(1) s.110(2); 1983 s.25, Sch.8, para.23(b) (5)—(7) 1975(1) s.110(3)—(5) (8) 1975(1) s.110(6); 1983 s.25, Sch.8, para.23(c); 1984 s.11(2), Sch.4, para.8(a) (9) 1975(1) s.110(7); 1983 s.25, Sch.8, para.23(d); 1984 s.11(2), Sch.4, para.8(b) (10) Social Security (Consequential Provisions) Act 1975 (c. 18) ss.2, 4, Sch.3, para.20 48(1) 1975(1) s.112(1); 1984 s.11(2), Sch.4, para.9; 1986 s.52(1), Sch.5, para.15(a) (2) 1975(1) s.112(2) (3) 1975(1) s.112(3); 1986 s.52(1), Sch.5, para.15(b) (4) 1975(1) s.112(5) (5), (6) 1975(1) s.112(6), (7); 1989 s.21, Sch.3, para.9(2) 49(1) 1975(1) s.108(3), Sch.12, para.1; 1983 s.25, Sch.8, paras.21(2), 27(a) (2) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) 50(1) 1975(1) s.108(3), Sch.12, para.2(1); 1983 s.25, Sch.8, paras.9, 21(2) (2) 1975(1) s.108(3), Sch.12, para.2(2); 1983 s.25, Sch.8, paras.9, 21(2); 1986 s.52(1), Sch.5, para.18 (3), (4) 1975(1) s.108(3), Sch.12, para.2(3), (4); 1983 s.25, Sch.8, paras.9, 21(2) (5) 1975(1) s.108(3), Sch.12, para.2(5); 1983 s.25, Sch.8, paras.9, 21(2); 1989 ss.21, 26, Sch.3, para.18, Sch.7, para.17; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(4) (6) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) (7) Drafting 51(1) 1975(1) s.97(4), Sch.10 para.1A(1); 1991(2) s.4, Sch.1, para.15 (2) 1975(1) s.97(4), Sch.10, para.1A(2); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(2) (3) 1975(1) s.97(4), Sch.10, para.1A(3); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(3) (4) Drafting 52(1) 1975(1) s.97(3); 1980(1) s.12; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.36 (2) 1980(1) s.13(5); Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.46 (3) 1980(1) s.13(6) (4) Drafting 53(1) 1975(1) s.115A(1); 1989 s.21, Sch. 3, para. 3(1) (2) 1975(1) s.115A(2); 1989 s.21, Sch. 3, para. 3(1); 1991(2) s.4, Sch.1, para.11 (3), (4) 1975(1) s.115A(3), (4); 1989 s.21, Sch. 3, para. 3(1) 54(1), (2) 1975(1) s.115C(1), (2); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) (3) 1975(1) s.115C(3); 1991(2) s.4, Sch.1, para.13 (4) 1975(1) s.115C(3); 1986 s.52(3A), (9)(d); 1991(2) s.7, Sch.3, para.3(1), (3) (5) 1975(1) s.115C(4); 1986 s.52(3A), (9)(b); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1), (2) (6) 1975(1) s.115C(5); 1991(2) s.4, Sch.1, para.13 (7) 1975(1) s.115C(5); 1986 s.52(3A), (9)(e); 1991(2) s.7, Sch.3, para.3(1), (3) (8) 1975(1) s.115C(6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 55 1975(1) s.115D; 1986 s.52(3A)(c); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 56(1) 1975(1) s.115B(1); 1989 s.21, Sch.3, para.3(1) (2) 1975(1) s.115B(2); 1989 s.21, Sch.3, para.3(1); 1991(2) s.4, Sch.1, para.12 57(1) 1975(1) s.116(1); 1980(1) s.12 (2) 1975(1) s.116(2) 58(1), (2) 1975(1) s.114(1); 1986 s.52(3)(b), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.114(2) (4) 1975(1) s.114(2A); Employment Protection (Consolidation) Act 1978 (c. 44) s.159, Sch.16, para.19(1) (5) - (7) 1975(1) s.114(2B) - (2D); 1986 s.52(1), Sch.5, para.16(a) (8) 1975(1) s.114(5) 59(1) 1975(1) s.115(1), (2); 1986 s.52(3)(c), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.115(3); 1986 s.52(4); 1991 s.7, Sch.3, para.3(2) (3) 1975(1) s.115(4) (4) 1975(1) s.115(4A); 1991(3) s.3(2) (5) 1975(1) s.115(5) (6) 1975(1) s.115(6); 1989 s.21, Sch.3, para.1(2) (7) 1975(1) s.115(7) 60(1) 1975(1) s.117(1); 1983 s.25, Sch.8, para.6; 1986 s.52(3)(d), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.117(2) (3) 1975(1) s.117(3); 1983 s.25, Sch.8, para. 26 (4) 1975(1) s.117(4); 1988(1) s.2, Sch.1, para.6 (5) 1975(1) s.117(5); 1988(1) s.2, Sch.1, para.6 61(1) 1975(1) s.119(3) (2) 1975(1) s.119(4)(a) (3) 1977 s.17(5) (4) 1975(1) s.119(3); 1986 s.52(3)(e), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) 62(1) 1975(1) s.113(1) (2) 1975(1) s.113(2)(a), (b); 1983 s.25, Sch.8, para.24(a) 63(1) 1986 ss.29(1), 31C(1); 1988(2) s.135, Sch.10, para.6 (2) 1986 ss.29(2), 31C(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 ss.29(3), 31C(3); 1988(2) s.135, Sch.10, para.6 64(1),(2) 1986 s.32(8),(9) (3) 1986 s.32(10); 1988(1) s.11, Sch.3, para.7; 1990 s.10(2) 65 1986 s.35 66(1) - (8) 1986 s.34 (9), (10) 1986 s.32(11), (12); 1988(1) s.11, Sch.3, para.7 67 1986 s.66, Sch.6, para.4 68(1)—(3) 1975(1) s.165D(1)—(3); 1990 s.21(1), Sch.6, para.7(2) (4) 1975(1) s.165D(4); 1986 s.86, Sch.10, para.48(c); 1990 s.21(1), Sch.6, para.7(2), (3); 1991(2) s.4, Sch.2, para.5 (5), (6) 1975(1) s.165D(5), (6); 1990 s.21(1), Sch.6, para.7(2) 69(1) 1975(1) ss.100C(8)(b), 104(7); 1986 s.52(3)(a), (3A); 1990 s.21(1), Sch.6, para.7(1); 1991(2) ss.4, 7, Sch.1, para.5, Sch.2, para.15(a), Sch.3, para.3(1) (2) - (4) 1975(1) s.104(8) - (10); 1990 s.21(2), Sch.6, para.7(1) 70(1) National Insurance Act 1974 (c. 14) s.6(1) (2) National Insurance Act 1974 s.6(3) (3) National Insurance Act 1974 s.6(1); Social Security (Consequential Provisions) Act 1975 (c. 18) s.1(3), Sch.2, para.70; 1975(2) s.65, Sch.4, para.35; 1975(3) s.21(1), Sch.4, para.8; Supplementary Benefits Act 1976 (c. 71) s.35(2), Sch.7, para.36; 1990 s.21(1), Sch.6, para.31(a); 1991(1) s.3(1)(a); 1991(2) s.15(1); 1991(3) s.6(1) 71(1) 1986 s.53(1) (2) 1986 s.53(1A); 1989 s.21, Sch.3, para.14(1) (3), (4) 1986 s.53(2), (3) (5) 1986 s.53(4); 1989 s.21, Sch.3, para.14(2) (6) - (8) 1986 s.53(5)—(7) (9), (10) 1986 s.53(8), (9) (11) 1986 s.53(10); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.30(1); 1991(2) s.7, Sch.3, para.4 72(1) 1986 s.20(4E); 1988(1) s.4(2) (2) 1986 s.20(4H); 1988(1) s.4(2) (3)—(6) 1986 s.20(4J)—(4M); 1988(1) s.4(2) (7),(8) 1986 s.20(4F),(4G); 1986 s.53(10A); 1988(1) ss.4(2), 16, Sch.4, para.30(2) 73(1) 1975(1) s.85(1) (2) 1975(1) s.85(2); 1975(3) s.21(1), Sch.4, para.28 (3) 1975(1) s.85(3) (4), (5) 1975(1) s.85(4), (5); 1979 s.15(1) 74 1986 s.27 75 1986 s.29(4)—(7) 76(1), (2) 1986 s.31D(1), (2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31D(3); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (4) 1986 s.31D(4); 1988(2) s.135, Sch.10, para.6 (5) 1986 s.31D(5); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (6) - (8) 1986 s.31D(6) - (8); 1988(2) s.135, Sch.10, para.6 77 1986 s.31E; 1988(2) s.135, Sch.10, para.6 78(1) - (3) 1986 s.33(5) - (7) (4) 1986 s.32(4) (5) 1986 s.33(12) (6) 1986 ss.26(3), 33(8); 1989 s.5(2) (7) 1986 ss.26(4), 33(8); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.93; 1989 s.5(3) (8) 1986 ss.26(5), 33(8); 1989 s.5(4) (9) 1986 ss.26(6), 33(8) 79(a) 1986 s.53(7A); 1988 s.16, Sch.4, para.28 (b) 1986 s.29(8); 1988 s.16, Sch.4, para.26 (c) 1986 s.33(8A); 1988 s.16, Sch.4, para.27 80 1975(3) s.4A; 1979 s.15(3) 81(1) “benefit” 1989 s.22(3) “benefit”; 1991(1) s.1(5) “certificate of deduction” 1989 s.22(3) “certificate of deduction” “certificate of total benefit” 1989 s.22(3) “certificate of total benefit” “compensation payment” 1989 s.22(3) “compensation payment”; 1990 s.7, Sch.1, para.1(1) “compensation scheme for motor accidents” 1989 s.22(3) “compensation scheme for motor accidents”; 1990 s.7, Sch.1, para.1(2) “compensator”; “victim”; “intended recipient” Drafting “payment” 1989 s.22(3) “payment” “relevant deduction” 1989 s.22(7), Sch.4, para.1(1) “relevant deduction” “relevant payment” 1989 s.22(7), Sch.4, para.1(1) “relevant payment” “relevant period” 1989 s.22(3) “relevant period” “total benefit” 1989 s.22(7), Sch.4, para.1(1) “total benefit” (2) 1989 s.22(3A); 1991(1) s.1(5) (3) - (5) 1989 s.22(4) - (6) (6) 1989 s.22(7), Sch.4, para.1(2) (7) 1989 s.22(8) 82 1989 s.22(1), (2) 83 1989 s.22(7), Sch.4, para.2 84 1989 s.22(7), Sch.4, para.3 85 1989 s.22(7), Sch.4, para.4 86 1989 s.22(7), Sch.4, para.5 87 1989 s.22(7), Sch.4, para.6 88 1989 s.22(7), Sch.4, para.7 89 1989 s.22(7), Sch.4, para.8 90 1989 s.22(7), Sch.4, para.9 91 1989 s.22(7), Sch.4, para.10 92 1989 s.22(7), Sch.4, para.11 93(1) 1989 s.22(7), Sch.4, para.12(1) (2) 1989 s.22(7), Sch.4, para.12(2); 1990 s.7, Sch.1, para.2(1) (3), (4) 1989 s.22(7), Sch.4, para.12(3), (4) (5) 1989 s.22(7), Sch.4, para.12(5); 1990 s.7, Sch.1, para.2(2) (6) 1989 s.22(7), Sch.4, para.12(6); 1990 s.7, Sch.1, para.2(3) (7) 1989 s.22(7), Sch.4, para.12(6A); 1990 s.7 Sch.1, para.2(4) (8), (9) 1989 s.22(7), Sch.4, para.12(7), (8) 94(1), (2) 1989 s.22(7), Sch.4, para.13(1), (2) (3) 1989 s.22(7), Sch.4, para.13(2A); 1990 s.7, Sch.1, para.1(4) (4) - (6) 1989 s.22(7), Sch.4, para.13(3) - (5) 95 1989 s.22(7), Sch.4, para.14 96 1989 s.22(7), Sch.4, para.15 97 1989 s.22(7), Sch.4, para.16 98(1), (2) 1989 s.22(7), Sch.4, para.17(1), (2) (3) 1989 s.22(7), Sch.4, para.17(3); 1990 s.7, Sch.1, para.3 (4) - (10) 1989 s.22(7), Sch.4, para.17(4) - (10) (11) 1989 s.22(7), Sch.4, para.17(11); 1990 s.7, Sch.1, para.4 (12) 1989 s.22(7), Sch.4, para.17(12) 99 1989 s.22(7), Sch.4, para.18 100 1989 s.22(7), Sch.4, para.19 101 1989 s.22(7), Sch.4, para.20A; 1990 s.7, Sch.1, para.5(1) 102(1) 1989 s.22(7), Sch.4, para.21(1); 1990 s.7, Sch.1, para.5(2) (2) 1989 s.22(7), Sch.4, para.21(2) 103 1989 s.22(7), Sch.4, para.24; 1990 s.7, Sch.1, para.6 104 1989 s.27 105(1), (2) 1986 s.26(1), (2) (3) 1986 s.26(3) - (6); 1990 s.8(3) 106(1) 1986 s.24(1) (2) - (4) 1986 s.24(4)—(6) (5) 1986 s.24(7); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.91 (6),(7) 1986 s.24(8),(9) 107(1)—(4) 1986 s.24A (1) - (4); 1990 s.8(1) (5) 1986 s.24A(4A); Maintenance Enforcement Act 1991 (c. 17) s.9(1) (6) - (8) 1986 s.24A(5) - (7); 1990 s.8(1) (9) - (11) 1986 s.24A(7A) - (7C); Maintenance Enforcement Act 1991 s.9(2) (12) - (15) 1986 s.24A(8) - (11); 1990 s.8(1) 108 1986 s.24B; 1990 s.8(1) 109 1986 s.25A; Debtors (Scotland) Act 1987 (c. 18) s.68 110(1) 1986 s.58(1) (2) 1986 s.58(2); 1989 s.22, Sch.4, para.20(2),(3) (3) 1986 s.58(3); 1989 s.22, Sch.4, para.20(4) (4),(5) 1986 s.58(4),(5) (6) 1986 s.58(6); 1989 s.22, Sch.4, para.20(5) (7) 1986 s.58(7); 1989 s.22, Sch.4, para.20(6) (8) 1986 s.84(1) “the benefit Acts” (9) “relevant benefit” 1986 s.58(2)(b)(ii), (10); 1989 s.22, Sch.4, para.20(2), (7) “relevant payment” 1986 s.58(c)(iii), (6)(a)(iii), (7)(e), (10); 1989 s.22, Sch.4, para.20(3), (5) - (7) 111 1986 s.58(8), (9); R10 112 1986 s.55 113 1986 s.54 114(1) 1975(1) s.146(1); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (2) 1975(1) s.1(4), Sch.1, para.5(2) (3) 1975(1) s.146(2) (4) 1975(1) s.146(3); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (5), (6) 1975(1) s.146(4) 115 1986 s.57 116(1) 1986 s.56(1) (2) 1986 s.56(2); 1988(2) s.135, Sch.10, para.9(2) (3) 1986 s.56(3) (4) 1986 s.56(4); 1988(2) s.135, Sch.10, para.9(3) (5) 1986 s.56(4A), 1988(2) s.135, Sch.10, para.9(4) (6) 1986 s.56(4B); 1990 s.21(1), Sch.6, para.5(2) (7) 1986 s.56(5); 1988(2) s.135, Sch.10, para.9(5) 117(1) 1975(1) s.148(1); 1986 s.52(5); R8 (2), (3) 1975(1) s.148(2), (3) 118 1975(1) s.149 119 1975(1) s.150 120(1), (2) 1975(1) s.151(1), (2) (3) 1975(1) s.151(3); 1991(3) s.2(6)(a) (4) 1975(1) s.151(3A); 1991(3) s.2(6)(b) (5) 1975(1) s.151(4) (6) 1975(1) s.151(5); 1991(3) s.2(6)(c) 121(1) 1975(1) s.152(1); Magistrates' Courts Act 1980 (c. 43) s.154, Sch.7, para.135 (2) 1975(1) s.152(2); 1975(2) s.65, Sch.4, para.67 (3) 1975(1) s.152(3) (4) - (6) 1975(1) s.152(5) - (7) 122(1) 1986 s.59(1); 1989 s.20(a) (2) 1986 s.59(2); 1989 s.20(b) (3) 1986 s.59(3) 123(1)—(6) 1989 s.19(1)—(6) (7) 1989 s.19(7); 1990 s.21(1), Sch.6, para.28(1) (8) 1989 s.19(8) (9) 1989 s.19(9); 1990 s.21(1), Sch.6, para.28(2) (10) 1989 s.19(10); 1990 s.21(1), Sch.6, para.28(3) 124(1), (2) 1975(1) s.160(1); 1975 (Old Cases) s.11; 1986 s.52(3)(f), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.160(2); Registration of Births, Deaths and Marriages (Fees) (No.2) Order 1990 (S.I.1990/2515) art.2, Sch.; Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 1990 (S.I.1990/2637) art.2, Sch. (4), (5) 1975(1) s.160(3), (4) 125 1986 s.60 126 1986 s.27A; 1989 s.31(1), Sch.8, para.17 127 1986 s.31(1)—(3) 128 1986 s.31G(1)—(3); 1988(2), s.135, Sch.10, para.6 129 1982(2) s.17(1) 130(1) 1982(2) s.18(1); 1984 s.11, Sch.4, para.15(a) (2), (3) 1982(2) s.18(2), (3) (4)(a), (b) 1982(2) s.17(4) (c) 1982(2) s.9(3)(a) 131 1986 s.49, Sch.4, para.9 132(1), (2) 1986 s.49, Sch.4, para.8A; 1989 s.31(1), Sch.8, para.18; (3) 1986 s.49, Sch.4, para.8 133 1975(1) s.161(1) 134(1) 1986 s.28(1); 1990 s.21(1), Sch.6, para.18 (2) 1986 s.28(1A); 1989 s.14(1) (3)—(6) 1986 s.28(2) - (5) (7) 1986 s.28(5A); 1990 s.21(1), Sch.6, para.18 (8) - (12) 1986 s.28(6) - (10) (13) 1986 s.84(1) “modifications” 135(1) 1986 s.30(1) (2), (3) 1986 s.30(2); Local Government and Housing Act 1989 (c. 42) s.81(1); The Housing Benefit (Transitional) Amendment Regulations 1988 reg.3 (S.I.1988/458) (4) 1986 s.30(2ZA); 1990 s.21(1), Sch.6, para.19(1) (5) 1986 s.30(3) (6), (7) 1986 s.30(5); Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1; Local Government and Housing Act 1989 s.81(2) (8), (9) 1986 s.30(6); Local Government and Housing Act 1989 s.81(3) (10) 1986 s.30(7); R11 (11) 1986 s.30(8); 1989 s.15(2) (12) 1986 s.30(9) (13) 1986 s.84(3) (14) 1986 s.84(1) “modifications” 136(1) 1986 s.30(2A); 1989 s.15(1); 1990 s.21(1), Sch.6, para.19(2) (2)—(4) 1986 s.30(2B), (2C); 1989 s.15(1) 137 1986 s.30(8A)—(8F); 1989 s.15(2) 138(1),(2) 1986 s.31A(1),(2); 1988(2) s.135, Sch.10, para.6; 1990 s.21(1), Sch.6, para.20 (3)—(9) 1986 s.31A(3)—(9); 1988(2) s.135, Sch.10, para.6 139(1)—(5) 1986 s.31B(1)—(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31B(6); 1988(2) s.135, Sch.10, para 6; the Community Charge Benefits (General) Regulations 1989 reg.11(1) (S.I.1989/1321) (7)—(10) 1986 s.31B(7)—(10); 1988(2) s.135, Sch.10, para.6 (11) 1986 s.84(1) “modifications”, “war disablement pension”, “war widow's pension”; the Income and Corporation Taxes Act 1988 (c. 1) s.844, Sch.29, para. 32, Table; the Community Charge Benefits (General) Regulations 1989 reg.11(2) 140(1),(2) 1986 s.31F(1),(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31F(3); 1990 s.21(1), Sch.6, para.21(1) (4),(5) 1986 s.31F(4),(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31F(5A); 1990 s.21(1), Sch.6, para.21(2) (7) 1986 s.31F(6); 1990 s.21(1), Sch.6, para.21(3) (8) 1986 s.31F(7); 1988(2) s.135, Sch.10, para.6 141(1) 1975(1) s.120(2); 1975(2) s.65(1), Sch.4, para.50(b) (2) - (6) 1975(1) s.120(3) - (7) (7) Transitional 142(1) 1975(1) ss.121(1), 165 (2) 1975(1) s.121(2) (3) 1975(1) s.121(3); 1990 s.21(1), Sch.6, para.1(2)(a) 143(1) 1975(1) s.122(1); 1985 s.29(1), Sch.5, para.9(a); 1989 s.1(3) (2) 1975(1) s.122(2) (3) 1975(1) s.122(3)(a) (4) 1975(1) s.122(6); 1980(1) s.2, Sch.1, para.13; 1989 s.1(5) 144(1) 1975(1) ss.123(2), 165 (2) 1975(1) s.123(3); 1990 s.21(1), Sch.6, para.1(2)(b) 145(1) 1975(1) s.123A(1); 1989 s.1(6) (2) 1975(1) s.123A(2); 1985 s.7(5) (3) 1975(1) s.123A(3); 1985 s.7(5); 1989 s.1(7) (4) 1975(1) s.123A(4); 1985 s.7(5) 146 1975(1) s.4(6F); 1985 s.7(2) 147(1) 1975(1) ss.4(6G), 123A(5); 1985 s.7(2), (5) (2) 1975(1) ss.4(6HH), 123A(6A), 165; 1986 s.74(1), (2) (3) 1975(1) ss.4(6J), 123A(7); 1985 s.7(2),(5) (4), (5) 1975(1) ss.4(6K), 123A(8); 1985 s.7(2),(5); 1990 s.21(1), Sch.6, para.1(1), (2)(c) 148(1) 1975(2) s.21(1); 1985 s.4, Sch.3, para.1; 1986 s.18(1) (2) 1975(2) s.21(2); 1979 s.10(2) (3), (4) 1975(2) s.21(3); 1979 s.10(3); 1980(1) s.3(3) (5) 1975(2) s.21(4) (6) 1975(2) s.21(5); 1980(1) s.3(3) (7) Transitional 149 1982(2) s.9(1E); 1991(1) s.2(1) 150(1)(a)(i) 1986 s.63(1)(a)(i) (ii) 1986 s.63(1)(a)(iv) (iii) 1986 s.63(1)(a)(iii) (b) 1986 s.63(1)(aa); 1991(2) s.4, Sch.2, para.16(a) (c) - (f) 1986 s.63(1)(b) - (e) (g) 1986 s.63(1)(ee); 1988(1) s.2(2)(a) (h) 1986 s.63(1)(i); 1991(2) s.7, Sch.3, para.5(a) (i) 1986 s.63(1)(f) (j) 1986 s.63(1)(g), (h) (2) 1986 s.63(2) (3) 1986 s.63(3); 1988(1) s.2(2)(b); 1991(2) s.4, Sch.2, para.16(b) (4) - (6) 1986 s.63(4)—(6) (7) 1986 s.63(10); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(a) (8) 1986 s.63(11); 1990 s.21(1), Sch.6, para.23 (9) 1986 s.63(12) (10) 1986 s.63(13); 1989 s.31(1), Sch.8, para.15(2); 1991(2) s.7, Sch.3, para.5(b) (11) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 151(1) 1975(2) s.23(2); 1986 ss.18(1), 86, Sch.10, para.91 (2) 1975(2) s.23(3); 1986 s.86, Sch.10, para.91 (3) - (5) 1986 s.63(7) - (9) (6) 1986 s.63(10A); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(b) 152 1986 s.63A; 1989 s.17(1) 153 1988(1) s.5 154 1975(3) s.17(1), (2) 155(1) 1986 s.64(1); 1989 s.17(2)(a) (2) 1986 s.64(6) (3) - (6) 1986 s.64(2) - (5) (7) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 156 1975(2) s.23(2A); 1989 s.31(1), Sch.8, para.11 157(1) 1975(3) s.5(6), Sch.3, paras.1, 2; 1986 s.86, Sch.10, para.97 (2) 1975(3) s.5(6), Sch.3, para.3 158 1977 s.17(4) 159 1986 s.64A; 1989 s.18 160 1986 s.64B; 1990 s.21(1), Sch.6, para.24 161(1), (2) 1975(1) s.133(1), (2) (3) 1975(1) s.133(3); Finance Act 1980 (c. 48) s.120, Sch.19, para.5(4) (4) 1975(1) s.133(4) 162(1) 1975(1) s.134(1)(a) (2) 1975(1) s.134(2); 1989 s.26, Sch.7, para.15 (3) 1975(1) s.134(2A); 1990 s.16(3) (4) 1975(1) s.134(2B); 1990 s.17(3) (5)(a) 1975(1) s.134(4)(a); 1985 s.29(1), Sch. 5, para.11; 1989 s.1(8); The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (b) 1975(1) s.134(4)(b); 1985 s.29(1), Sch.5, para.11; The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (c) 1975(1) s.134(4)(bb); 1991(3) s.4(a) (d) - (f) 1975(1) s.134(4)(c) - (e); 1985 s.29(1), Sch.5, para.11; The Social Security (Treasury Supplement to and Allocation of Contributions)(Re-rating) Order 1987 (S.I.1987/48) art.3 (6) 1975(1) ss.134(4), 165; 1985 s.29(1), Sch.5, para.11 (7) 1975(1) s.134(4A); 1981(1) s.3(3) (8)(a) 1975(1) s.134(4B)(a); 1981(1) s.3(3) (b) 1975(1) s.134(4B)(aa); 1991(3) s.4(b) (c), (d) 1975(1) s.134(4B)(b), (c); 1981(1) s.3(3) (9)—(11) 1975(1) s.134(5) (12) 1975(1) s.134(6); 1979 s.14(2) 163(1)(a), (b) 1975(1) s.135(1), (2); 1975(2) s.65(1), Sch.4, para.52; 1984 s.11, Sch.4, para.3; 1990 s.16(4); 1991(2) s.4, Sch.1, para.17 (c) 1986 s.85(3)(d) (d) 1982(2) ss.1(6), 9(7); 1985 s.19; 1986 ss.68, 85(3)(c) (e) 1989 s.28(4)(b) (2)(a) 1975(1) s.135(3)(a); 1975(2) s.64(1)(a); 1975(3) s.23(1)(a); 1977 s.23(1)(a); 1980(1) s.19(1); 1982(2) s.46(1)(a); 1986 s.85(1)(e), (f); 1988(1) s.15(1)(a); 1989 s.28(1)(a); 1990 s.18(1)(a); 1991(1) s.4(3) (b) 1975(1) s.135(2)(a) - (f), (3)(b); 1984 s.11, Sch.4, para.3; 1991(2) s.4, Sch.1, para.18 (c) 1975(1) ss.135(2)(h), (3)(b), 159(4); 1975 (Old Cases) ss.2(1), 5(1); 1990 s.16(4), (7), (8)(a) (d) 1986 s.85(1)(a); 1988(2) s.135, Sch.10, para.12; 1991(2) s.7, Sch.3, para.8(a) (e) 1986 s.85(1)(b) (f) 1975(3) s.1(2) (g) 1986 s.85(1)(c) (h) 1986 s.85(1)(d) (i) 1989 s.28(4)(a) (3) 1975(1) s.135(4); 1982(2) s.46(2) (4) 1977 s.1(2) (5) 1975(1) s.135(7); 1990 s.17(4) 164(1) - (3) 1986 s.85(5) - (7) (4) 1975 (Old Cases) s.4(4)(e); 1990 s.16(8)(b) (5) 1975(1) s.113(2)(b); 1983 s.25, Sch.8 para.24; 1986 s.85(8) (6) 1989 s.28(3) 165(1) 1975(1) s.133(5); 1986 s.85(9); 1991(2) s.7, Sch.3, para.8(b) (2) - (4) 1975(1) s.133(6); 1975(3) s.23(4); 1986 s.85(10) (5) 1975(1) s.135(5); 1975(2) s.64(2); 1975(3) s.23(4); 1977 s.23(2); 1980(1) s.19(3); 1980(2) s.7(1); 1986 s.85(4); 1988(1) s.15(2); 1989 s.28(2); 1990 ss.16(5), 18(2) 166(1)—(3) 1975(1) ss.137(2), 165 (4), (5) 1975(1) ss.137(3), (4), 165 167(1) 1986 s.32(1) (2)—(4) 1986 s.32(5)—(7) (5), (6) 1986 s.32(7A), (7B); 1988(1) s.11, Sch.3, para.4 168(1) - (4) 1986 s.32(8A)—(8D); 1988(1) s.11, Sch.3, para.6 (5) 1986 s.32(8E); 1990 s.10(1) 169 1986 s.85(11), (12) 170(1) - (4) 1980(1) s.9(1) - (4) (5) 1980(1) s.9(7); 1982(2) s.48(5), Sch.4, para.30; 1991(1) s.3(1)(b); R12 171(1), (2) 1975(1) s.141(1) (3) 1975(1) s.141(3) (4) 1975(1) s.141(4); 1982 s.48(5), Sch.4, para.16 172(1) 1980(1) s.10(1); 1986 s.86, Sch.10, para.98(a) (2) 1975(1) s.141(2); 1981(2) s.8, Sch.2, para.2; 1986 s.86, Sch.10, para.86 (3) 1980(1) s.10(2) (4) 1975(1) s.141(2) (5) 1980(1) s.10(9) 173(1), (2) 1986 s.61(1), (2) (3) 1986 s.61(3); 1989 s.26, Sch.7, para.27 (4) 1986 s.61(4) (5) 1986 s.61(5); 1989 s.31(1), Sch.8, para.12(3) (6) 1980(1) s.10(9) (7) 1986 s.61(10) “regulations”; 1989 s.31(1), Sch.8, para.12(4) 174(1) - (3) 1980(1) s.10(3) - (5) (4) 1980(1) s.10(9) 175 1991(2) s.3(1) - (6) 176(1) 1986 s.61(7); 1988(2) s.135, Sch.10, para.10 (2), (3) 1986 s.61(8), (9) 177(1) - (3) 1975(1) s.142(1) - (3) (4) 1975(1) s.142(4); 1975(2) s.65(2), Sch.4, para.66; 1986 s.65(1) (5) 1975(1) s.142(1) 178(1), (2) 1975(3) s.14(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (3) 1975(3) s.14(2) 179(1) 1975(1) s.143(1); 1975(3) s.15(1); 1977 s.20(1), (2); 1986 s.65(2)(a) (2) 1975(1) s.143(1A); 1975(3) s.15(1A); 1981(2) s.6(1), (2) (3) 1975(1) s.143(2); 1975(3) s.15(2) (4) 1975(1) s.143(1); 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (5) 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 180 1986 s.78 181 Supplementary Benefits Act 1976 (c. 71) s.22; 1980(1) s.6(1), (3), Sch.2, Part I, para.21, Part II; Criminal Procedure (Scotland) Act 1975 (c. 21) s.298G; Criminal Justice Act 1982 (c. 48) ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 (S.I.1988/1843) Sch.3, para.2(c) 182 Supplementary Benefits Act 1976 s.23; 1980(1) s.6(3), Sch.2, Part II; Criminal Procedure (Scotland) Act 1975 s.298G; Criminal Justice Act 1982 ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 Sch.3, para.2(c) 183 1975(1) s.154 184 1975(1) s.155 185(1) Drafting (2) 1975(1) s.159(3)(c) 186 Drafting 187(1) 1975(1) s.87(1); 1975(3) s.12(1); 1986 s.86, Sch.10, para.48(a) (2) 1975(1) s.87(2); 1975(3) s.12(2); Solicitors (Scotland)) Act 1980 (c. 46) s.66, Sch.6, para.2 (3) 1975(1) s.87(3) 188(1), (2) 1975(1) s.163 (3) 1975 (Old Cases) s.12 189(1), (2) 1975(1) s.168(1), Sch.20, “regulations”; 1975(3) s.22(1); 1977 s.24(1) “regulations”; 1982(2) s.47 “regulations”; 1986 ss.52, 84(1) “regulations”, Sch.5, para.20, 1989 s.30(1) “regulations”; 1991(2) s.3(8) (3) 1975(1) s.166(1); 1975(3) s.22(2); 1977 s.24(3); 1980(1) s.14(8); 1982(2) s.45(2); 1986 s.83(1); 1989 s.29(1); 1990 s.21(1), Sch.6, para.8(7); 1991(2) s.3(8) (4) 1975(1) s.166(2); 1975(3) s.22(6); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 s.29(1) (5) 1975(1) ss.113(2)(c), 166(3); 1975(3) s.22(7); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 ss.29(1), 31(1), Sch.8, para.10(1); 1991(2) s.3(7); R6 (6) 1975(1) s.166(3A); 1975(3) s.22(7A); 1977 s.24(3); 1986 ss.62(1), (2), 83(1); 1989 s.29(1) (7) 1986 s.83(2); 1988(2) s.135, Sch.10, para.11(2) (8) 1975(1) s.133(6); 1986 s.83(5); 1988(2) s.135, Sch.10, para.11(4); 1989 ss.17(2)(c), s.9(5) (9) 1975(1) s.166(5); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(6); 1989 s.29(6); 1991 s.12(3) (10) 1975(1) s.166(5A); 1986 s.52(1), Sch.5, para.17 (11) 1975(1) s.166(7); 1975(3) ss.14(3), 15(3); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (12) 1975(1) s.168(4) 190(1) 1975(1) s.167(1)(b); 1975(3) s.22(3); 1981(1) s.4(5)(b), 1986 ss.62(3), 83(3)(d); 1989 ss.17(2)(b), 29(2)(h) (2) 1975(3) s.22(4); 1990 s.21(1), Sch.6, para.8(3) (3) 1975(1) s.167(3); 1975(3) s.22(5); 1977 s.24(5); 1982(2) s.45(2); 1986 s.83(4); 1989 s.29(3); 1990 s.21(1), Sch.6, para.8(1), (3), (4), (7), (9), (12); 1991(2) s.12(2) (4) 1975(1) s.167(4); 1980(1) s.14(8); 1990 s.21(1), Sch.6, para.8(1); R13 191 “the 1975 Act”; “the 1986 Act”; “benefit” Drafting “chargeable financial year”; “charging authority” 1986 s.20(11), “chargeable financial year”; “charging authority”; 1988(2) s.135, Sch.10, para.2(5) “Christmas bonus” Drafting “claim” 1975(1) s.168(1), Sch.20, “claim” “claimant” 1975(1) s.168(1), Sch.20, “claimant” “Commissioner”; “compensation payment”; “compensator”; “the Consequential Provisions Act”; “contribution card”; “the Contributions and Benefits Act”; “disablement benefit”; “the disablement questions” Drafting “dwelling” 1986 s.84(1) “dwelling” “5 year general qualification” Drafting “housing authority” 1986 s.84(1) “housing authority”; Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1 “housing benefit scheme” 1986 s.84(1) “housing benefit scheme” “income-related benefit” Drafting “industrial injuries benefit” 1975(1) s.168(1), Sch.20, “industrial injuries benefit” “invalidity benefit” Drafting “levying authority” 1986 s.20(11) “levying authority”; 1988(2) s.135, Sch.10, para.2(5) “local authority” 1986 s.84(1) “local authority” “medical examination” 1975(1) s.168(1), Sch.20, “medical examination” “medical practitioner” 1975(1) s.168(1), Sch.20, “medical practitioner” “medical treatment” 1975(1) s.168(1), Sch.20, “medical treatment” “new town corporation” 1986 s.84(1) “new town corporation” “the Northern Ireland Department” 1975(1) s.168(1), Sch.20, “the Northern Ireland Department” “the Northern Ireland Administration Act”; “occupational pension scheme”; “the Old Cases Act”; “Old Cases payments”; “the Pensions Act”; “personal pension scheme” Drafting “prescribe” 1975 s.168(1), Sch.20, “prescribe” “President” 1975(1) s.168(1), Sch.20 “President”; 1991(2) s.4, Sch.1, para.20 “rate rebate”; “rent rebate”; “rent allowance” Drafting “rates” 1986 s.84(1) “rates”; Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47) s.26(2)(a) “rating authority” 1986 s.84(1) “rating authority” “tax year” 1975(1) s.168(1), Sch.20, “tax year” “10 year general qualification” Drafting “widow's benefit” Drafting 192 Short title, commencement and extent Sch. 1 para.1 1975(1) s.165A; 1985 ss.17, 32(3) para.2 1975(1) s.165A; 1985 s.17; 1986 s.86, Sch.10, para.88; Social Security Act 1986 (Commencement No.1) Order 1986 (S.I.1986/1609) para.3 1975(1) s.165A; 1986 s.86, Sch.10, para.87; Social Security Act 1986 (No.4) Commencement Order 1986 (S.I.1986/1959) para.4 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 ss.31(1), 33(2), (3), Sch.8, para.9(1) para.5 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 ss.6(1), 23(2), (3) Sch. 2 para.1(1) 1975(1) s.97(4), Sch.10, para.1A(4); 1983 s.25, Sch.8, para.8 (2) - (4) 1975(1) s.97(4), Sch.10, para.1A(5) - (7); 1980(1) s.13(1) - (3); 1983 s.25, Sch.8, para.8 (5) 1975(1) s.97(4), Sch.10, para.1A(9); 1980(1) s.13(6); 1983 s.25, Sch.8, para.8 (6) 1980(1) s.13(5)(a); Judicial Pensions Act 1981 (c. 20) s.36, Sch.3, para.10 (7) 1980(1) s.13(1) para.2 1975(1) s.97(4), Sch.10, para.1A(10); 1983 s.25, Sch.8, para.8 para. 3 1975(1) ss.97(4), 100D(7), 108(3), Sch. 10, para.1A(11), Sch.10A, para.11, Sch.12, paras.5A, 7; 1983 s.25, Sch.8, paras.8, 10; 1991(2) s.4, Sch.1, paras.5, 16 para.4(1), (2) 1975(1) ss.97(4), 100D(7), Sch.10, paras.1B, 1C, Sch.10A, para.11; 1983 s.25, Sch.8, para.8; 1991(2) s.4, Sch.1, paras.5, 16 para.5 1975(1) ss.97(4), 100D(7), 108(3), Sch.10, para.1D, Sch.10A, para.11, Sch.12, para.9; 1983 s.25, Sch.8, paras.8, 11; 1991(2) ss.4, Sch.1, paras.5, 16 para.6 1975(1) s.97(4), Sch.10, para.4; 1980(1) s.12; The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 para.7 1975(1) ss.97(4), 100D(7), 108(3), 113(3), Sch.10, para.3, Sch.10A, para.11, Sch.12, paras.4, 5, 6, 7; 1983 s.25, Sch.8, para.27(b); 1991(2) s.4, Sch.1, paras.5, 16 para.8 1980(1) s.17; 1991(2) s.4, Sch.2, para.10 Sch. 3 para.1 1975(1) s.115(2) “competent tribunal”; 1983 s.25, Sch.8, paras.5, 25; 1991(2) s.4, Sch.1, para.10 para.2 1975(1) s.115, Sch.13, para.1; 1989 s.21, Sch.3, para.4 para.3 1975(1) s.115, Sch.13, para.1A; 1986 s.52(1), Sch.5, para.19(a) paras.4 - 9 1975(1) s.115, Sch.13, paras.2 - 7 para.10 1975(1) s.115, Sch.13, para.7A; 1989 s.21, Sch.3, para.10; 1991(2) s.4, Sch.1, para.17 para.11 1975(1) s.115, Sch.13, para.10; 1986 s.52(1), Sch.5, para.19(b) para.12 1975(1) s.115, Sch.13, para.11 Sch. 4 Part I 1989 s.19, Sch.2, Part I; 1990 s.21(1), Sch.6, para.28(4), (5); 1991(2) s.4, Sch.2, para.19 Part II 1989 s.19, Sch.2, Part II; 1990 s.21(1), Sch.6, para.28(6) Sch. 5 para.1 1980(1) s.9(2), Sch.3, para.1; 1982(2) s.48(5), Sch.4, para.32(2) para.2 1980(1) s.9(2), Sch.3, para.2; 1982(2) s.48(5), Sch.4, para.32(3) paras.3 - 10 1980(1) s.9(2), Sch.3, paras.3 - 10 Sch. 6 1975(1) s.141, Sch.16, Part 1 Sch. 7 Part I para.1 1980(1) s.10(2), Sch.3, para.12(4); 1991(2) s.4, Sch.2, para.11 para.2 1980(1) s.10(2), Sch.3, para.12(1) para.3 1980(1) s.10(2), Sch.3, para.12(2); 1986 s.86, Sch.10, para.99 para.4 1980(1) s.10(2), Sch.3, para.13(1) para.5 1980(1) s.10(2), Sch.3, para.13(1A); 1986 s.86, Sch.10, para.106 paras.6, 7 1980(1) s.10(2), Sch.3, para.14 para.8 1980(1) s.10(2), Sch.3, paras.15A, 15AA; 1982(2) s.48(5), Sch.4, para.33(3); 1986 s.86, Sch.10, para.107; 1989 s.31(1), Sch.8, para.12(6) paras.9, 10 1980(1) s.10(2), Sch.3, paras.19, 20 Part II R14 para.11 1975(1) s.141, Sch.16, para.5 para.12 1975(1) s.141, Sch.16, para.8; 1986 s.86, Sch.10, para.90 paras.13 - 15 1975(1) s.141, Sch.16, paras.9 - 11 para.16 1980(1) s.11(2)(a) para.17 1975(1), s.141, Sch.16, para.12 Sch. 8 1975(1) s.142(2); Sch.17 Sch. 9 para.1(1) 1975 (Old Cases) s.4(1) (2) 1975 (Old Cases) s.4(2); 1989 s.31(1), Sch.8, para.10(1) (3) 1975 (Old Cases) s.4(3) (4) 1975 (Old Cases) s.4(4); 1977 s.11(1)(a); 1990 s.16(8)(b) (5) - (7) 1975 (Old Cases) s.4(5) - (7) paras.2, 3 1975 (Old Cases) ss.8, 9 para.4 1986 s.53(11) Sch. 10 para.1 Drafting para.2 1986 s.73, Sch.7, para.3 para.3(1) 1986 s.73, Sch.7, para.4(1); 1991(2) s.4, Sch.2, para.15(b) (2) 1986 s.73, Sch.7, para.4(2) para.4(1) 1986 s.73, Sch.7, para.5(1) (2) 1986 s.73, Sch.7, para.2 (3) 1986 s.73, Sch.7, para.5(2) para.5 1986 s.73, Sch.7, para.7 para.6 1986 s.73, Sch.7, para.6 1(1) 1975(1) s.165A(1); 1986 s.86(1), Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 s.6(1)(a) (2) 1975(1) s.165A(2); 1986 s.86(1), Sch.10, para.87; 1990 s.6(1)(b) (3) 1975(1) s.165A(3); 1990 s.1(6); 1991(2) s.4, Sch.1, para.19 (4) 1975(1) s.165A(1); 1986 s.86, Sch.10, para.48(b); 1990 s.5(4) (5), (6) Drafting 2(1) 1975(1) s.165B(1); 1990 s.5(1) (2), (3) 1975(1) s.165B(2); 1990 s.5(1) (4), (5) 1975(1) s.165B(3), (4); 1990 s.5(1) 3 1975(1) s.165C; 1990 s.6(2) 4 1990 s.21(1), Sch.6, para.27(2) 5(1)(a)—(h) 1986 s.51(1)(a)—(h) (i)—(r) 1986 s.51(1)(k)—(t) (2) 1986 s.51(2); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.1 (3) Housing Act 1988 (c. 50) s.121(6) (4), (5) 1986 s.51(3),(4) 6(1)(a) - (k) 1986 s.51A(1)(a) - (k); 1988(2) s.135, Sch.10, para.8 (l) 1986 s.51A(1)(kk); 1989 s.31(1), Sch.8, para.9(6)(a) (m) - (p) 1986 s.51A(1)(l) - (o); 1988(2) s.135, Sch.10, para.8 (q) 1986 s.51A(1)(oo); 1989 s.31(1), Sch.8, para.9(6)(b) (r) - (u) 1986 s.51A(1)(p) - (s); 1988(2) s.135, Sch.10, para.8 (2),(3) 1986 s.51A(2),(3); 1988(2) s.135, Sch.10, para.8 7 1986 s.51B; 1988(2) s.135, Sch.10, para.8 8 1975(1) s.88 9 1975(1) s.89 10(1) 1975(1) s.90(2); 1988(1) s.2, Sch.1, para.6 (2) 1975(1) s.90(3); 1986 s.86, Sch.10, para.85 (3) 1975(1) s.90(4) 11 1986 s.27B(1) - (3); 1991(2) s.7(1) 12(1) 1986 s.33(1); 1988(1) s.11, Sch.3, para.9 (2) 1986 s.33(13); 1990 s.10(5) 13(1) 1975(3) s.6(1); 1989 s.26, Sch.7, para.22 (2) 1975(3) s.6(3) 14(1) 1982(2) s.17(2) (2) 1982(2) s.17(2A); 1985 s.20 (3) 1982(2) s.17(3) 15(1) 1986 s.49, Sch.4, para.6 (2) 1986 s.49, Sch.4, para.7 16 1988(1) s.8 17(1)(a),(b) 1975(1) s.93(1)(a),(b) (c) 1975(1) s.93(1)(bb); 1991(3) s.3(1) (d) 1975(1) s.93(1)(d) (e) 1975(1) s.93(1)(e); 1977 s.22(5) (f) 1975(2) s.60(1)(a) (g)(i) - (iv) 1986 s.52(2), Sch.5, Part II, para.(b)(i) - (iv) (v) 1986 s.52(2), Sch.5, Part II, para.(b)(vi); 1991(1) s.2(3) (vi) 1986 s.52(2), Sch.5, Part II, para.b(v) (h) 1986 s.52(2), Sch.5, Part II, para.(c) (2) 1975(1) s.93(2) (3) 1975(1) s.93(2A); 1989 s.21, Sch.3, para.1(1); R8 (4) 1975(1) s.93(3); R8 18(1) 1975(1) s.94(1); R8 (2) - (5) 1975(1) s.94(2) - (5) (6), (7) 1975(1) s.94(7), (8) 19(1) 1975(1) s.96(1); 1986 s.52(1), Sch.5, para.3; R8 (2), (3) 1975(1) s.96(2); 1980(1) ss.2, 21, Sch.1, para.9 20(1) 1975(1) s.98(1); 1991(2) s.4, Sch.1, para.2 (2) 1975(1) s.98(2); 1986 s.52(1), Sch.5, para.4 (3) 1975(1) s.98(1); 1986 s.52(3), (7)(a); 1991(2) s.4, Sch.2, para.15(a) (4) 1975(1) s.98(2A); 1986 s.52(1), Sch.5, para.4 (5) 1975(1) s.98(3) (6) 1975(1) s.98(1); 1986 s.52(3)(a), (3A), (6); 1988(1), s.11, Sch.3, para.16; 1991(2) ss.4, 7, Sch.2, para.15(a), Sch.3, para.3(1) 21(1) 1975(1) s.99(1); 1991(2) s.4, Sch.1, para.3(1) (2) 1975(1) s.99(2); 1986 s.52(1), Sch.5, para.5; 1991(2) s.4, Sch.1, para.3(2) (3) 1975(1) s.99(2A); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.3(3), Sch.3, para.3(1) (4), (5) 1975(1) s.99(3); 1986 s.52(7)(b) (6) 1975(1) s.99(4); 1989 s.21, Sch.3, para.2 22(1) 1975(1) s.100(1); 1986 s.52(3A), (7)(c)(i); 1991(2) ss.4, 7, Sch.1, para.4(a), Sch.3, para.3(1) (2) 1975(1) s.100(2); 1986 s.52(1), (7)(c)(ii), Sch.5, para.6(b); 1991(2) s.4, Sch.1, para.4(b) (3) 1975(1) s.100(3); 1986 s.52(1), Sch.5, para.6(c) (4) 1975(1) s.100(4); 1986 s.52(1), Sch.5, para.6(d) (5) 1975(1) s.100(7); 1986 s.52(1), (7)(c)(iii), Sch.5, para.6(e); 1991(2) s.4, Sch.1, para.4(c) (6), (7) 1975(1) s.100(8),(9); 1990 s.21(1), Sch.6, para.6(1) 23(1) 1975(1) s.101(1); 1986 s.52(1), Sch.5, para.7(1) (2) 1975(1) s.101(2); 1986 s.52(7)(d) (3) 1975(1) s.101(2)(a), (b), (c), (d); 1986 s.52(1), Sch.5, para.7(2) (4) 1975(1) s.101(2)(bb); 1990 s.21(1), Sch.6, para.6(2) (5) 1975(1) s.101(3); 1990 s.21(1), Sch.6, para.6(3) (6) 1975(1) s.101(4) (7), (8) 1975(1) s.101(5); 1986 s.52(1), Sch.5, para.7(3); 1989 s.21, Sch.3, para.6 (9), (10) 1975(1) s.101(5A), (5B); 1986 s.52(1), Sch.5, para.7(3) 24(1) - (5) 1980(1) s.14(1)—(5) (6) 1980(1) s.14(8)(a); The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 25(1) 1975(1) s.104(1); 1986 s.52(1), (3)(a), (3A), (6) Sch.5, para.10(a); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.14; 1989 ss.10(5), 21, Sch.3, para.11(1); 1991(2) ss.4, 7, Sch.1, para.8(a), Sch.3, para.3(1) (2) 1975(1) s.104(1A); 1983 s.25, Sch.8, para.3; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.8(b), Sch.3, para.3(1) (3) 1975(1) s.104(1); 1986 s.52(1), Sch.5, para.10(a) (4) 1986 s.52(8); R9 (5) 1975(1) s.104(1ZA); 1989 s.25, Sch.3, para.11(2) 26(1),(2) 1975(1) s.104(2),(3) (3) 1975(1) s.104(3A); 1986 s.52(1), Sch.5, para.10(c) 27(1) 1975(1) s.104(5); 1986 s.52(1), Sch.5, para.10(d); 1989 s.21, Sch.3, para.11(4) (2) 1975(1) s.104(6); 1990 s.6(3) 28 1975(1) s.104(4) 29 1975(1) s. 104(3B); 1989 s.21, Sch.3, para.7 30(1) 1975(1) s.100A(1); 1986 s.52(3A), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (2) 1975(1) s.100A(2); 1991(2) s.4, Sch.1, para.5 (3) 1975(1) s.100A(3); 1991(2) s.4, Sch.1, para.5 (4) 1975(1) s.100A(4); 1991(2) s.4, Sch.1, para.5 (5) 1975(1) s.100A(2); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (6) - (11) 1975(1) s.100A(5) - (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (12) 1975(1) s.100A(11); 1991(2) s.4, Sch.1, para.5 (13) 1975(1) s.100A(12); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 31 1975(1) s.100B; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 32(1) 1975(1) s.100C(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (2) - (5) 1975(1) s.100C(2) - (5); 1991(2) s.4, Sch.1, para.5 (6), (7) 1975(1) s.100C(6), (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (8) 1975(1) ss.100C(8)(a), 104(5)(b); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (9), (10) 1975(1) s.100C(9), (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 33 1975(1) s.100D(1) - (6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 34(1) 1975(1) s.101(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.6(a), Sch.3, para.3(1) (2) 1975(1) s.101(2), (3); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.101(4); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (4) 1975(1) s.101(5) - (5B); 1991(2) s.7, Sch.3, para.3(1) (5) 1980(1) s.14(1) - (5), (8)(a) 35(1), (2) 1975(1) s.104A(1), (2); 1991(2) s.4, Sch.1, para.9 (3) 1975(1) s.104A(1); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3) (4) 1975(1) s.104A(3); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (5) 1975(1) ss.104(3A), 104A(9); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (6) - (9) 1975(1) s.104A(4) - (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (10) 1975(1) ss.104(5)(b), 104A(9)(c); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (11) 1975(1) ss.104(1ZA), 104A(9)(a); 1991(2) s.4, Sch.1, para.9 (12) 1975(1) s.104A(8); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) 36(1) 1975(1) s.102(1), (2); 1986 s.52(1), Sch.5, para.8; 1991(2) s.4, Sch.1, para.7(1) (2) 1975(1) s.102(3); 1991(2) s.4, Sch.1, para.7(2) 37(1) 1975(1) s.103(1); 1986 s.52(1) Sch.5, para.9 (2) 1975(1) 103(2); 1986 s.52(1), Sch.5, para.9; 1989 s.21, Sch.3, para.15 (3) 1975(1) s.103(3); 1986 s.52(1), Sch.5, para.9 38(1) 1975(1) s.97(1); 1983 s.25, Sch.8, para.2; 1990 s.21(1), Sch.6, para.5(1) (2) 1975(1) s.97(1A); 1983 s.25, Sch.8, para.2 39 1975(1) s.97(1B)—(1E); 1983 s.25, Sch.8, para.2 40(1) 1975(1) s.97(4), Sch.10, para.1(1); 1983 s.25, Sch.8, para.7 (2), (3) 1975(1) s.97(4), Sch.10, para.1(2), (2A); 1984 s.16(b) (4) 1975(1) s.97(4), Sch.10, para.1(6); 1983 s.25, Sch.8, para.7 41(1) 1975(1) s.97(2); 1983 s.25, Sch.8, para.2 (2) 1975(1) s.97(2A); 1984 s.16(a) (3),(4) 1975(1) s.97(2C),(2D); 1983 s.25, Sch.8, para.2 (5) 1975(1) s.97(2E); 1983 s.25, Sch.8, para.2; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(1) (6) 1975(1) s.97(4), Sch.10, para.1(8); 1983 s.25, Sch.8, para.7 (7) Drafting 42(1) - (5) 1975(1) s.100D(7), Sch.10A, paras.3 - 7; 1991(2) s.4, Sch.1, paras.5, 16 (6) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(2A); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 (7) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(6); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 43(1) 1975(1) s.100D(7), Sch.10A, para.1; 1991(2) s.4, Sch.1, paras.5, 16 (2), (3) 1975(1) s.100D(7), Sch.10A, paras.9, 10; 1991(2) s.4, Sch.1, paras.5, 16 (4)—(6) 1975(1) ss.97(2C)—(2E), 100D(7), Sch.10A, para.2; 1991(2) s.4, Sch.1, paras.5, 16 (7), (8) 1975(1) s.100D(7), Sch.10A, paras.12, 13; 1991(2) s.4, Sch.1, paras.5, 16 (9) Drafting 44(1)—(3) 1975(1) s.107(1)—(3) (4), (5) 1975(1) s.107(4); 1988 s.2, Sch.1, para.6 (6) 1975(1) s.107(5) (7) 1975(1) s.107(6); 1986 s.52(1), Sch.5, para.12(a) 45(1) 1975(1) s.108(1); 1984 s.11(2), Sch.4, para.5; 1986 s.39, Sch.3, para.14(a); 1989 s.21, Sch.3, para.12(1) (2) 1975(1) s.108(2); 1983 s.25, Sch.8, para.21(1); 1984 s.11(2), Sch.4, para.6 (3) 1975(1) s.108(4); 1983, s.25, Sch.8, para.21(3) (4),(5) 1975(1) s.108(4A),(4B); 1989 s.21, Sch.3, para.12(2) (6) 1975(1) s.108(5); 1983 s.25, Sch.8, para.21(3) 46(1) 1975(1) s.109(1); 1983 s.25, Sch.8, para.22(a); 1984, s.11(2), Sch.4, para.7 (2) 1975(1) s.109(2); 1983 s.25, Sch.8, para.22(b)(i) (3) 1975(1) s.109(3); 1983 s.25, Sch.8, para.22(c); 1986 s.52(1), Sch.5, para.13 47(1) 1975(1) s.110(1); 1979 s.21(4), Sch.3, para.8; 1983 s.25, Sch.8, para.23(a) (2),(3) 1975(1) s.110(1A),(1B); 1986 s.52(1), Sch.5, para.14(b) (4) 1975(1) s.110(2); 1983 s.25, Sch.8, para.23(b) (5)—(7) 1975(1) s.110(3)—(5) (8) 1975(1) s.110(6); 1983 s.25, Sch.8, para.23(c); 1984 s.11(2), Sch.4, para.8(a) (9) 1975(1) s.110(7); 1983 s.25, Sch.8, para.23(d); 1984 s.11(2), Sch.4, para.8(b) (10) Social Security (Consequential Provisions) Act 1975 (c. 18) ss.2, 4, Sch.3, para.20 48(1) 1975(1) s.112(1); 1984 s.11(2), Sch.4, para.9; 1986 s.52(1), Sch.5, para.15(a) (2) 1975(1) s.112(2) (3) 1975(1) s.112(3); 1986 s.52(1), Sch.5, para.15(b) (4) 1975(1) s.112(5) (5), (6) 1975(1) s.112(6), (7); 1989 s.21, Sch.3, para.9(2) 49(1) 1975(1) s.108(3), Sch.12, para.1; 1983 s.25, Sch.8, paras.21(2), 27(a) (2) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) 50(1) 1975(1) s.108(3), Sch.12, para.2(1); 1983 s.25, Sch.8, paras.9, 21(2) (2) 1975(1) s.108(3), Sch.12, para.2(2); 1983 s.25, Sch.8, paras.9, 21(2); 1986 s.52(1), Sch.5, para.18 (3), (4) 1975(1) s.108(3), Sch.12, para.2(3), (4); 1983 s.25, Sch.8, paras.9, 21(2) (5) 1975(1) s.108(3), Sch.12, para.2(5); 1983 s.25, Sch.8, paras.9, 21(2); 1989 ss.21, 26, Sch.3, para.18, Sch.7, para.17; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(4) (6) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) (7) Drafting 51(1) 1975(1) s.97(4), Sch.10 para.1A(1); 1991(2) s.4, Sch.1, para.15 (2) 1975(1) s.97(4), Sch.10, para.1A(2); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(2) (3) 1975(1) s.97(4), Sch.10, para.1A(3); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(3) (4) Drafting 52(1) 1975(1) s.97(3); 1980(1) s.12; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.36 (2) 1980(1) s.13(5); Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.46 (3) 1980(1) s.13(6) (4) Drafting 53(1) 1975(1) s.115A(1); 1989 s.21, Sch. 3, para. 3(1) (2) 1975(1) s.115A(2); 1989 s.21, Sch. 3, para. 3(1); 1991(2) s.4, Sch.1, para.11 (3), (4) 1975(1) s.115A(3), (4); 1989 s.21, Sch. 3, para. 3(1) 54(1), (2) 1975(1) s.115C(1), (2); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) (3) 1975(1) s.115C(3); 1991(2) s.4, Sch.1, para.13 (4) 1975(1) s.115C(3); 1986 s.52(3A), (9)(d); 1991(2) s.7, Sch.3, para.3(1), (3) (5) 1975(1) s.115C(4); 1986 s.52(3A), (9)(b); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1), (2) (6) 1975(1) s.115C(5); 1991(2) s.4, Sch.1, para.13 (7) 1975(1) s.115C(5); 1986 s.52(3A), (9)(e); 1991(2) s.7, Sch.3, para.3(1), (3) (8) 1975(1) s.115C(6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 55 1975(1) s.115D; 1986 s.52(3A)(c); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 56(1) 1975(1) s.115B(1); 1989 s.21, Sch.3, para.3(1) (2) 1975(1) s.115B(2); 1989 s.21, Sch.3, para.3(1); 1991(2) s.4, Sch.1, para.12 57(1) 1975(1) s.116(1); 1980(1) s.12 (2) 1975(1) s.116(2) 58(1), (2) 1975(1) s.114(1); 1986 s.52(3)(b), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.114(2) (4) 1975(1) s.114(2A); Employment Protection (Consolidation) Act 1978 (c. 44) s.159, Sch.16, para.19(1) (5) - (7) 1975(1) s.114(2B) - (2D); 1986 s.52(1), Sch.5, para.16(a) (8) 1975(1) s.114(5) 59(1) 1975(1) s.115(1), (2); 1986 s.52(3)(c), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.115(3); 1986 s.52(4); 1991 s.7, Sch.3, para.3(2) (3) 1975(1) s.115(4) (4) 1975(1) s.115(4A); 1991(3) s.3(2) (5) 1975(1) s.115(5) (6) 1975(1) s.115(6); 1989 s.21, Sch.3, para.1(2) (7) 1975(1) s.115(7) 60(1) 1975(1) s.117(1); 1983 s.25, Sch.8, para.6; 1986 s.52(3)(d), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.117(2) (3) 1975(1) s.117(3); 1983 s.25, Sch.8, para. 26 (4) 1975(1) s.117(4); 1988(1) s.2, Sch.1, para.6 (5) 1975(1) s.117(5); 1988(1) s.2, Sch.1, para.6 61(1) 1975(1) s.119(3) (2) 1975(1) s.119(4)(a) (3) 1977 s.17(5) (4) 1975(1) s.119(3); 1986 s.52(3)(e), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) 62(1) 1975(1) s.113(1) (2) 1975(1) s.113(2)(a), (b); 1983 s.25, Sch.8, para.24(a) 63(1) 1986 ss.29(1), 31C(1); 1988(2) s.135, Sch.10, para.6 (2) 1986 ss.29(2), 31C(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 ss.29(3), 31C(3); 1988(2) s.135, Sch.10, para.6 64(1),(2) 1986 s.32(8),(9) (3) 1986 s.32(10); 1988(1) s.11, Sch.3, para.7; 1990 s.10(2) 65 1986 s.35 66(1) - (8) 1986 s.34 (9), (10) 1986 s.32(11), (12); 1988(1) s.11, Sch.3, para.7 67 1986 s.66, Sch.6, para.4 68(1)—(3) 1975(1) s.165D(1)—(3); 1990 s.21(1), Sch.6, para.7(2) (4) 1975(1) s.165D(4); 1986 s.86, Sch.10, para.48(c); 1990 s.21(1), Sch.6, para.7(2), (3); 1991(2) s.4, Sch.2, para.5 (5), (6) 1975(1) s.165D(5), (6); 1990 s.21(1), Sch.6, para.7(2) 69(1) 1975(1) ss.100C(8)(b), 104(7); 1986 s.52(3)(a), (3A); 1990 s.21(1), Sch.6, para.7(1); 1991(2) ss.4, 7, Sch.1, para.5, Sch.2, para.15(a), Sch.3, para.3(1) (2) - (4) 1975(1) s.104(8) - (10); 1990 s.21(2), Sch.6, para.7(1) 70(1) National Insurance Act 1974 (c. 14) s.6(1) (2) National Insurance Act 1974 s.6(3) (3) National Insurance Act 1974 s.6(1); Social Security (Consequential Provisions) Act 1975 (c. 18) s.1(3), Sch.2, para.70; 1975(2) s.65, Sch.4, para.35; 1975(3) s.21(1), Sch.4, para.8; Supplementary Benefits Act 1976 (c. 71) s.35(2), Sch.7, para.36; 1990 s.21(1), Sch.6, para.31(a); 1991(1) s.3(1)(a); 1991(2) s.15(1); 1991(3) s.6(1) 71(1) 1986 s.53(1) (2) 1986 s.53(1A); 1989 s.21, Sch.3, para.14(1) (3), (4) 1986 s.53(2), (3) (5) 1986 s.53(4); 1989 s.21, Sch.3, para.14(2) (6) - (8) 1986 s.53(5)—(7) (9), (10) 1986 s.53(8), (9) (11) 1986 s.53(10); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.30(1); 1991(2) s.7, Sch.3, para.4 72(1) 1986 s.20(4E); 1988(1) s.4(2) (2) 1986 s.20(4H); 1988(1) s.4(2) (3)—(6) 1986 s.20(4J)—(4M); 1988(1) s.4(2) (7),(8) 1986 s.20(4F),(4G); 1986 s.53(10A); 1988(1) ss.4(2), 16, Sch.4, para.30(2) 73(1) 1975(1) s.85(1) (2) 1975(1) s.85(2); 1975(3) s.21(1), Sch.4, para.28 (3) 1975(1) s.85(3) (4), (5) 1975(1) s.85(4), (5); 1979 s.15(1) 74 1986 s.27 75 1986 s.29(4)—(7) 76(1), (2) 1986 s.31D(1), (2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31D(3); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (4) 1986 s.31D(4); 1988(2) s.135, Sch.10, para.6 (5) 1986 s.31D(5); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (6) - (8) 1986 s.31D(6) - (8); 1988(2) s.135, Sch.10, para.6 77 1986 s.31E; 1988(2) s.135, Sch.10, para.6 78(1) - (3) 1986 s.33(5) - (7) (4) 1986 s.32(4) (5) 1986 s.33(12) (6) 1986 ss.26(3), 33(8); 1989 s.5(2) (7) 1986 ss.26(4), 33(8); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.93; 1989 s.5(3) (8) 1986 ss.26(5), 33(8); 1989 s.5(4) (9) 1986 ss.26(6), 33(8) 79(a) 1986 s.53(7A); 1988 s.16, Sch.4, para.28 (b) 1986 s.29(8); 1988 s.16, Sch.4, para.26 (c) 1986 s.33(8A); 1988 s.16, Sch.4, para.27 80 1975(3) s.4A; 1979 s.15(3) 81(1) “benefit” 1989 s.22(3) “benefit”; 1991(1) s.1(5) “certificate of deduction” 1989 s.22(3) “certificate of deduction” “certificate of total benefit” 1989 s.22(3) “certificate of total benefit” “compensation payment” 1989 s.22(3) “compensation payment”; 1990 s.7, Sch.1, para.1(1) “compensation scheme for motor accidents” 1989 s.22(3) “compensation scheme for motor accidents”; 1990 s.7, Sch.1, para.1(2) “compensator”; “victim”; “intended recipient” Drafting “payment” 1989 s.22(3) “payment” “relevant deduction” 1989 s.22(7), Sch.4, para.1(1) “relevant deduction” “relevant payment” 1989 s.22(7), Sch.4, para.1(1) “relevant payment” “relevant period” 1989 s.22(3) “relevant period” “total benefit” 1989 s.22(7), Sch.4, para.1(1) “total benefit” (2) 1989 s.22(3A); 1991(1) s.1(5) (3) - (5) 1989 s.22(4) - (6) (6) 1989 s.22(7), Sch.4, para.1(2) (7) 1989 s.22(8) 82 1989 s.22(1), (2) 83 1989 s.22(7), Sch.4, para.2 84 1989 s.22(7), Sch.4, para.3 85 1989 s.22(7), Sch.4, para.4 86 1989 s.22(7), Sch.4, para.5 87 1989 s.22(7), Sch.4, para.6 88 1989 s.22(7), Sch.4, para.7 89 1989 s.22(7), Sch.4, para.8 90 1989 s.22(7), Sch.4, para.9 91 1989 s.22(7), Sch.4, para.10 92 1989 s.22(7), Sch.4, para.11 93(1) 1989 s.22(7), Sch.4, para.12(1) (2) 1989 s.22(7), Sch.4, para.12(2); 1990 s.7, Sch.1, para.2(1) (3), (4) 1989 s.22(7), Sch.4, para.12(3), (4) (5) 1989 s.22(7), Sch.4, para.12(5); 1990 s.7, Sch.1, para.2(2) (6) 1989 s.22(7), Sch.4, para.12(6); 1990 s.7, Sch.1, para.2(3) (7) 1989 s.22(7), Sch.4, para.12(6A); 1990 s.7 Sch.1, para.2(4) (8), (9) 1989 s.22(7), Sch.4, para.12(7), (8) 94(1), (2) 1989 s.22(7), Sch.4, para.13(1), (2) (3) 1989 s.22(7), Sch.4, para.13(2A); 1990 s.7, Sch.1, para.1(4) (4) - (6) 1989 s.22(7), Sch.4, para.13(3) - (5) 95 1989 s.22(7), Sch.4, para.14 96 1989 s.22(7), Sch.4, para.15 97 1989 s.22(7), Sch.4, para.16 98(1), (2) 1989 s.22(7), Sch.4, para.17(1), (2) (3) 1989 s.22(7), Sch.4, para.17(3); 1990 s.7, Sch.1, para.3 (4) - (10) 1989 s.22(7), Sch.4, para.17(4) - (10) (11) 1989 s.22(7), Sch.4, para.17(11); 1990 s.7, Sch.1, para.4 (12) 1989 s.22(7), Sch.4, para.17(12) 99 1989 s.22(7), Sch.4, para.18 100 1989 s.22(7), Sch.4, para.19 101 1989 s.22(7), Sch.4, para.20A; 1990 s.7, Sch.1, para.5(1) 102(1) 1989 s.22(7), Sch.4, para.21(1); 1990 s.7, Sch.1, para.5(2) (2) 1989 s.22(7), Sch.4, para.21(2) 103 1989 s.22(7), Sch.4, para.24; 1990 s.7, Sch.1, para.6 104 1989 s.27 105(1), (2) 1986 s.26(1), (2) (3) 1986 s.26(3) - (6); 1990 s.8(3) 106(1) 1986 s.24(1) (2) - (4) 1986 s.24(4)—(6) (5) 1986 s.24(7); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.91 (6),(7) 1986 s.24(8),(9) 107(1)—(4) 1986 s.24A (1) - (4); 1990 s.8(1) (5) 1986 s.24A(4A); Maintenance Enforcement Act 1991 (c. 17) s.9(1) (6) - (8) 1986 s.24A(5) - (7); 1990 s.8(1) (9) - (11) 1986 s.24A(7A) - (7C); Maintenance Enforcement Act 1991 s.9(2) (12) - (15) 1986 s.24A(8) - (11); 1990 s.8(1) 108 1986 s.24B; 1990 s.8(1) 109 1986 s.25A; Debtors (Scotland) Act 1987 (c. 18) s.68 110(1) 1986 s.58(1) (2) 1986 s.58(2); 1989 s.22, Sch.4, para.20(2),(3) (3) 1986 s.58(3); 1989 s.22, Sch.4, para.20(4) (4),(5) 1986 s.58(4),(5) (6) 1986 s.58(6); 1989 s.22, Sch.4, para.20(5) (7) 1986 s.58(7); 1989 s.22, Sch.4, para.20(6) (8) 1986 s.84(1) “the benefit Acts” (9) “relevant benefit” 1986 s.58(2)(b)(ii), (10); 1989 s.22, Sch.4, para.20(2), (7) “relevant payment” 1986 s.58(c)(iii), (6)(a)(iii), (7)(e), (10); 1989 s.22, Sch.4, para.20(3), (5) - (7) 111 1986 s.58(8), (9); R10 112 1986 s.55 113 1986 s.54 114(1) 1975(1) s.146(1); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (2) 1975(1) s.1(4), Sch.1, para.5(2) (3) 1975(1) s.146(2) (4) 1975(1) s.146(3); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (5), (6) 1975(1) s.146(4) 115 1986 s.57 116(1) 1986 s.56(1) (2) 1986 s.56(2); 1988(2) s.135, Sch.10, para.9(2) (3) 1986 s.56(3) (4) 1986 s.56(4); 1988(2) s.135, Sch.10, para.9(3) (5) 1986 s.56(4A), 1988(2) s.135, Sch.10, para.9(4) (6) 1986 s.56(4B); 1990 s.21(1), Sch.6, para.5(2) (7) 1986 s.56(5); 1988(2) s.135, Sch.10, para.9(5) 117(1) 1975(1) s.148(1); 1986 s.52(5); R8 (2), (3) 1975(1) s.148(2), (3) 118 1975(1) s.149 119 1975(1) s.150 120(1), (2) 1975(1) s.151(1), (2) (3) 1975(1) s.151(3); 1991(3) s.2(6)(a) (4) 1975(1) s.151(3A); 1991(3) s.2(6)(b) (5) 1975(1) s.151(4) (6) 1975(1) s.151(5); 1991(3) s.2(6)(c) 121(1) 1975(1) s.152(1); Magistrates' Courts Act 1980 (c. 43) s.154, Sch.7, para.135 (2) 1975(1) s.152(2); 1975(2) s.65, Sch.4, para.67 (3) 1975(1) s.152(3) (4) - (6) 1975(1) s.152(5) - (7) 122(1) 1986 s.59(1); 1989 s.20(a) (2) 1986 s.59(2); 1989 s.20(b) (3) 1986 s.59(3) 123(1)—(6) 1989 s.19(1)—(6) (7) 1989 s.19(7); 1990 s.21(1), Sch.6, para.28(1) (8) 1989 s.19(8) (9) 1989 s.19(9); 1990 s.21(1), Sch.6, para.28(2) (10) 1989 s.19(10); 1990 s.21(1), Sch.6, para.28(3) 124(1), (2) 1975(1) s.160(1); 1975 (Old Cases) s.11; 1986 s.52(3)(f), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.160(2); Registration of Births, Deaths and Marriages (Fees) (No.2) Order 1990 (S.I.1990/2515) art.2, Sch.; Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 1990 (S.I.1990/2637) art.2, Sch. (4), (5) 1975(1) s.160(3), (4) 125 1986 s.60 126 1986 s.27A; 1989 s.31(1), Sch.8, para.17 127 1986 s.31(1)—(3) 128 1986 s.31G(1)—(3); 1988(2), s.135, Sch.10, para.6 129 1982(2) s.17(1) 130(1) 1982(2) s.18(1); 1984 s.11, Sch.4, para.15(a) (2), (3) 1982(2) s.18(2), (3) (4)(a), (b) 1982(2) s.17(4) (c) 1982(2) s.9(3)(a) 131 1986 s.49, Sch.4, para.9 132(1), (2) 1986 s.49, Sch.4, para.8A; 1989 s.31(1), Sch.8, para.18; (3) 1986 s.49, Sch.4, para.8 133 1975(1) s.161(1) 134(1) 1986 s.28(1); 1990 s.21(1), Sch.6, para.18 (2) 1986 s.28(1A); 1989 s.14(1) (3)—(6) 1986 s.28(2) - (5) (7) 1986 s.28(5A); 1990 s.21(1), Sch.6, para.18 (8) - (12) 1986 s.28(6) - (10) (13) 1986 s.84(1) “modifications” 135(1) 1986 s.30(1) (2), (3) 1986 s.30(2); Local Government and Housing Act 1989 (c. 42) s.81(1); The Housing Benefit (Transitional) Amendment Regulations 1988 reg.3 (S.I.1988/458) (4) 1986 s.30(2ZA); 1990 s.21(1), Sch.6, para.19(1) (5) 1986 s.30(3) (6), (7) 1986 s.30(5); Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1; Local Government and Housing Act 1989 s.81(2) (8), (9) 1986 s.30(6); Local Government and Housing Act 1989 s.81(3) (10) 1986 s.30(7); R11 (11) 1986 s.30(8); 1989 s.15(2) (12) 1986 s.30(9) (13) 1986 s.84(3) (14) 1986 s.84(1) “modifications” 136(1) 1986 s.30(2A); 1989 s.15(1); 1990 s.21(1), Sch.6, para.19(2) (2)—(4) 1986 s.30(2B), (2C); 1989 s.15(1) 137 1986 s.30(8A)—(8F); 1989 s.15(2) 138(1),(2) 1986 s.31A(1),(2); 1988(2) s.135, Sch.10, para.6; 1990 s.21(1), Sch.6, para.20 (3)—(9) 1986 s.31A(3)—(9); 1988(2) s.135, Sch.10, para.6 139(1)—(5) 1986 s.31B(1)—(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31B(6); 1988(2) s.135, Sch.10, para 6; the Community Charge Benefits (General) Regulations 1989 reg.11(1) (S.I.1989/1321) (7)—(10) 1986 s.31B(7)—(10); 1988(2) s.135, Sch.10, para.6 (11) 1986 s.84(1) “modifications”, “war disablement pension”, “war widow's pension”; the Income and Corporation Taxes Act 1988 (c. 1) s.844, Sch.29, para. 32, Table; the Community Charge Benefits (General) Regulations 1989 reg.11(2) 140(1),(2) 1986 s.31F(1),(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31F(3); 1990 s.21(1), Sch.6, para.21(1) (4),(5) 1986 s.31F(4),(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31F(5A); 1990 s.21(1), Sch.6, para.21(2) (7) 1986 s.31F(6); 1990 s.21(1), Sch.6, para.21(3) (8) 1986 s.31F(7); 1988(2) s.135, Sch.10, para.6 141(1) 1975(1) s.120(2); 1975(2) s.65(1), Sch.4, para.50(b) (2) - (6) 1975(1) s.120(3) - (7) (7) Transitional 142(1) 1975(1) ss.121(1), 165 (2) 1975(1) s.121(2) (3) 1975(1) s.121(3); 1990 s.21(1), Sch.6, para.1(2)(a) 143(1) 1975(1) s.122(1); 1985 s.29(1), Sch.5, para.9(a); 1989 s.1(3) (2) 1975(1) s.122(2) (3) 1975(1) s.122(3)(a) (4) 1975(1) s.122(6); 1980(1) s.2, Sch.1, para.13; 1989 s.1(5) 144(1) 1975(1) ss.123(2), 165 (2) 1975(1) s.123(3); 1990 s.21(1), Sch.6, para.1(2)(b) 145(1) 1975(1) s.123A(1); 1989 s.1(6) (2) 1975(1) s.123A(2); 1985 s.7(5) (3) 1975(1) s.123A(3); 1985 s.7(5); 1989 s.1(7) (4) 1975(1) s.123A(4); 1985 s.7(5) 146 1975(1) s.4(6F); 1985 s.7(2) 147(1) 1975(1) ss.4(6G), 123A(5); 1985 s.7(2), (5) (2) 1975(1) ss.4(6HH), 123A(6A), 165; 1986 s.74(1), (2) (3) 1975(1) ss.4(6J), 123A(7); 1985 s.7(2),(5) (4), (5) 1975(1) ss.4(6K), 123A(8); 1985 s.7(2),(5); 1990 s.21(1), Sch.6, para.1(1), (2)(c) 148(1) 1975(2) s.21(1); 1985 s.4, Sch.3, para.1; 1986 s.18(1) (2) 1975(2) s.21(2); 1979 s.10(2) (3), (4) 1975(2) s.21(3); 1979 s.10(3); 1980(1) s.3(3) (5) 1975(2) s.21(4) (6) 1975(2) s.21(5); 1980(1) s.3(3) (7) Transitional 149 1982(2) s.9(1E); 1991(1) s.2(1) 150(1)(a)(i) 1986 s.63(1)(a)(i) (ii) 1986 s.63(1)(a)(iv) (iii) 1986 s.63(1)(a)(iii) (b) 1986 s.63(1)(aa); 1991(2) s.4, Sch.2, para.16(a) (c) - (f) 1986 s.63(1)(b) - (e) (g) 1986 s.63(1)(ee); 1988(1) s.2(2)(a) (h) 1986 s.63(1)(i); 1991(2) s.7, Sch.3, para.5(a) (i) 1986 s.63(1)(f) (j) 1986 s.63(1)(g), (h) (2) 1986 s.63(2) (3) 1986 s.63(3); 1988(1) s.2(2)(b); 1991(2) s.4, Sch.2, para.16(b) (4) - (6) 1986 s.63(4)—(6) (7) 1986 s.63(10); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(a) (8) 1986 s.63(11); 1990 s.21(1), Sch.6, para.23 (9) 1986 s.63(12) (10) 1986 s.63(13); 1989 s.31(1), Sch.8, para.15(2); 1991(2) s.7, Sch.3, para.5(b) (11) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 151(1) 1975(2) s.23(2); 1986 ss.18(1), 86, Sch.10, para.91 (2) 1975(2) s.23(3); 1986 s.86, Sch.10, para.91 (3) - (5) 1986 s.63(7) - (9) (6) 1986 s.63(10A); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(b) 152 1986 s.63A; 1989 s.17(1) 153 1988(1) s.5 154 1975(3) s.17(1), (2) 155(1) 1986 s.64(1); 1989 s.17(2)(a) (2) 1986 s.64(6) (3) - (6) 1986 s.64(2) - (5) (7) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 156 1975(2) s.23(2A); 1989 s.31(1), Sch.8, para.11 157(1) 1975(3) s.5(6), Sch.3, paras.1, 2; 1986 s.86, Sch.10, para.97 (2) 1975(3) s.5(6), Sch.3, para.3 158 1977 s.17(4) 159 1986 s.64A; 1989 s.18 160 1986 s.64B; 1990 s.21(1), Sch.6, para.24 161(1), (2) 1975(1) s.133(1), (2) (3) 1975(1) s.133(3); Finance Act 1980 (c. 48) s.120, Sch.19, para.5(4) (4) 1975(1) s.133(4) 162(1) 1975(1) s.134(1)(a) (2) 1975(1) s.134(2); 1989 s.26, Sch.7, para.15 (3) 1975(1) s.134(2A); 1990 s.16(3) (4) 1975(1) s.134(2B); 1990 s.17(3) (5)(a) 1975(1) s.134(4)(a); 1985 s.29(1), Sch. 5, para.11; 1989 s.1(8); The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (b) 1975(1) s.134(4)(b); 1985 s.29(1), Sch.5, para.11; The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (c) 1975(1) s.134(4)(bb); 1991(3) s.4(a) (d) - (f) 1975(1) s.134(4)(c) - (e); 1985 s.29(1), Sch.5, para.11; The Social Security (Treasury Supplement to and Allocation of Contributions)(Re-rating) Order 1987 (S.I.1987/48) art.3 (6) 1975(1) ss.134(4), 165; 1985 s.29(1), Sch.5, para.11 (7) 1975(1) s.134(4A); 1981(1) s.3(3) (8)(a) 1975(1) s.134(4B)(a); 1981(1) s.3(3) (b) 1975(1) s.134(4B)(aa); 1991(3) s.4(b) (c), (d) 1975(1) s.134(4B)(b), (c); 1981(1) s.3(3) (9)—(11) 1975(1) s.134(5) (12) 1975(1) s.134(6); 1979 s.14(2) 163(1)(a), (b) 1975(1) s.135(1), (2); 1975(2) s.65(1), Sch.4, para.52; 1984 s.11, Sch.4, para.3; 1990 s.16(4); 1991(2) s.4, Sch.1, para.17 (c) 1986 s.85(3)(d) (d) 1982(2) ss.1(6), 9(7); 1985 s.19; 1986 ss.68, 85(3)(c) (e) 1989 s.28(4)(b) (2)(a) 1975(1) s.135(3)(a); 1975(2) s.64(1)(a); 1975(3) s.23(1)(a); 1977 s.23(1)(a); 1980(1) s.19(1); 1982(2) s.46(1)(a); 1986 s.85(1)(e), (f); 1988(1) s.15(1)(a); 1989 s.28(1)(a); 1990 s.18(1)(a); 1991(1) s.4(3) (b) 1975(1) s.135(2)(a) - (f), (3)(b); 1984 s.11, Sch.4, para.3; 1991(2) s.4, Sch.1, para.18 (c) 1975(1) ss.135(2)(h), (3)(b), 159(4); 1975 (Old Cases) ss.2(1), 5(1); 1990 s.16(4), (7), (8)(a) (d) 1986 s.85(1)(a); 1988(2) s.135, Sch.10, para.12; 1991(2) s.7, Sch.3, para.8(a) (e) 1986 s.85(1)(b) (f) 1975(3) s.1(2) (g) 1986 s.85(1)(c) (h) 1986 s.85(1)(d) (i) 1989 s.28(4)(a) (3) 1975(1) s.135(4); 1982(2) s.46(2) (4) 1977 s.1(2) (5) 1975(1) s.135(7); 1990 s.17(4) 164(1) - (3) 1986 s.85(5) - (7) (4) 1975 (Old Cases) s.4(4)(e); 1990 s.16(8)(b) (5) 1975(1) s.113(2)(b); 1983 s.25, Sch.8 para.24; 1986 s.85(8) (6) 1989 s.28(3) 165(1) 1975(1) s.133(5); 1986 s.85(9); 1991(2) s.7, Sch.3, para.8(b) (2) - (4) 1975(1) s.133(6); 1975(3) s.23(4); 1986 s.85(10) (5) 1975(1) s.135(5); 1975(2) s.64(2); 1975(3) s.23(4); 1977 s.23(2); 1980(1) s.19(3); 1980(2) s.7(1); 1986 s.85(4); 1988(1) s.15(2); 1989 s.28(2); 1990 ss.16(5), 18(2) 166(1)—(3) 1975(1) ss.137(2), 165 (4), (5) 1975(1) ss.137(3), (4), 165 167(1) 1986 s.32(1) (2)—(4) 1986 s.32(5)—(7) (5), (6) 1986 s.32(7A), (7B); 1988(1) s.11, Sch.3, para.4 168(1) - (4) 1986 s.32(8A)—(8D); 1988(1) s.11, Sch.3, para.6 (5) 1986 s.32(8E); 1990 s.10(1) 169 1986 s.85(11), (12) 170(1) - (4) 1980(1) s.9(1) - (4) (5) 1980(1) s.9(7); 1982(2) s.48(5), Sch.4, para.30; 1991(1) s.3(1)(b); R12 171(1), (2) 1975(1) s.141(1) (3) 1975(1) s.141(3) (4) 1975(1) s.141(4); 1982 s.48(5), Sch.4, para.16 172(1) 1980(1) s.10(1); 1986 s.86, Sch.10, para.98(a) (2) 1975(1) s.141(2); 1981(2) s.8, Sch.2, para.2; 1986 s.86, Sch.10, para.86 (3) 1980(1) s.10(2) (4) 1975(1) s.141(2) (5) 1980(1) s.10(9) 173(1), (2) 1986 s.61(1), (2) (3) 1986 s.61(3); 1989 s.26, Sch.7, para.27 (4) 1986 s.61(4) (5) 1986 s.61(5); 1989 s.31(1), Sch.8, para.12(3) (6) 1980(1) s.10(9) (7) 1986 s.61(10) “regulations”; 1989 s.31(1), Sch.8, para.12(4) 174(1) - (3) 1980(1) s.10(3) - (5) (4) 1980(1) s.10(9) 175 1991(2) s.3(1) - (6) 176(1) 1986 s.61(7); 1988(2) s.135, Sch.10, para.10 (2), (3) 1986 s.61(8), (9) 177(1) - (3) 1975(1) s.142(1) - (3) (4) 1975(1) s.142(4); 1975(2) s.65(2), Sch.4, para.66; 1986 s.65(1) (5) 1975(1) s.142(1) 178(1), (2) 1975(3) s.14(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (3) 1975(3) s.14(2) 179(1) 1975(1) s.143(1); 1975(3) s.15(1); 1977 s.20(1), (2); 1986 s.65(2)(a) (2) 1975(1) s.143(1A); 1975(3) s.15(1A); 1981(2) s.6(1), (2) (3) 1975(1) s.143(2); 1975(3) s.15(2) (4) 1975(1) s.143(1); 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (5) 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 180 1986 s.78 181 Supplementary Benefits Act 1976 (c. 71) s.22; 1980(1) s.6(1), (3), Sch.2, Part I, para.21, Part II; Criminal Procedure (Scotland) Act 1975 (c. 21) s.298G; Criminal Justice Act 1982 (c. 48) ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 (S.I.1988/1843) Sch.3, para.2(c) 182 Supplementary Benefits Act 1976 s.23; 1980(1) s.6(3), Sch.2, Part II; Criminal Procedure (Scotland) Act 1975 s.298G; Criminal Justice Act 1982 ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 Sch.3, para.2(c) 183 1975(1) s.154 184 1975(1) s.155 185(1) Drafting (2) 1975(1) s.159(3)(c) 186 Drafting 187(1) 1975(1) s.87(1); 1975(3) s.12(1); 1986 s.86, Sch.10, para.48(a) (2) 1975(1) s.87(2); 1975(3) s.12(2); Solicitors (Scotland)) Act 1980 (c. 46) s.66, Sch.6, para.2 (3) 1975(1) s.87(3) 188(1), (2) 1975(1) s.163 (3) 1975 (Old Cases) s.12 189(1), (2) 1975(1) s.168(1), Sch.20, “regulations”; 1975(3) s.22(1); 1977 s.24(1) “regulations”; 1982(2) s.47 “regulations”; 1986 ss.52, 84(1) “regulations”, Sch.5, para.20, 1989 s.30(1) “regulations”; 1991(2) s.3(8) (3) 1975(1) s.166(1); 1975(3) s.22(2); 1977 s.24(3); 1980(1) s.14(8); 1982(2) s.45(2); 1986 s.83(1); 1989 s.29(1); 1990 s.21(1), Sch.6, para.8(7); 1991(2) s.3(8) (4) 1975(1) s.166(2); 1975(3) s.22(6); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 s.29(1) (5) 1975(1) ss.113(2)(c), 166(3); 1975(3) s.22(7); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 ss.29(1), 31(1), Sch.8, para.10(1); 1991(2) s.3(7); R6 (6) 1975(1) s.166(3A); 1975(3) s.22(7A); 1977 s.24(3); 1986 ss.62(1), (2), 83(1); 1989 s.29(1) (7) 1986 s.83(2); 1988(2) s.135, Sch.10, para.11(2) (8) 1975(1) s.133(6); 1986 s.83(5); 1988(2) s.135, Sch.10, para.11(4); 1989 ss.17(2)(c), s.9(5) (9) 1975(1) s.166(5); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(6); 1989 s.29(6); 1991 s.12(3) (10) 1975(1) s.166(5A); 1986 s.52(1), Sch.5, para.17 (11) 1975(1) s.166(7); 1975(3) ss.14(3), 15(3); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (12) 1975(1) s.168(4) 190(1) 1975(1) s.167(1)(b); 1975(3) s.22(3); 1981(1) s.4(5)(b), 1986 ss.62(3), 83(3)(d); 1989 ss.17(2)(b), 29(2)(h) (2) 1975(3) s.22(4); 1990 s.21(1), Sch.6, para.8(3) (3) 1975(1) s.167(3); 1975(3) s.22(5); 1977 s.24(5); 1982(2) s.45(2); 1986 s.83(4); 1989 s.29(3); 1990 s.21(1), Sch.6, para.8(1), (3), (4), (7), (9), (12); 1991(2) s.12(2) (4) 1975(1) s.167(4); 1980(1) s.14(8); 1990 s.21(1), Sch.6, para.8(1); R13 191 “the 1975 Act”; “the 1986 Act”; “benefit” Drafting “chargeable financial year”; “charging authority” 1986 s.20(11), “chargeable financial year”; “charging authority”; 1988(2) s.135, Sch.10, para.2(5) “Christmas bonus” Drafting “claim” 1975(1) s.168(1), Sch.20, “claim” “claimant” 1975(1) s.168(1), Sch.20, “claimant” “Commissioner”; “compensation payment”; “compensator”; “the Consequential Provisions Act”; “contribution card”; “the Contributions and Benefits Act”; “disablement benefit”; “the disablement questions” Drafting “dwelling” 1986 s.84(1) “dwelling” “5 year general qualification” Drafting “housing authority” 1986 s.84(1) “housing authority”; Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1 “housing benefit scheme” 1986 s.84(1) “housing benefit scheme” “income-related benefit” Drafting “industrial injuries benefit” 1975(1) s.168(1), Sch.20, “industrial injuries benefit” “invalidity benefit” Drafting “levying authority” 1986 s.20(11) “levying authority”; 1988(2) s.135, Sch.10, para.2(5) “local authority” 1986 s.84(1) “local authority” “medical examination” 1975(1) s.168(1), Sch.20, “medical examination” “medical practitioner” 1975(1) s.168(1), Sch.20, “medical practitioner” “medical treatment” 1975(1) s.168(1), Sch.20, “medical treatment” “new town corporation” 1986 s.84(1) “new town corporation” “the Northern Ireland Department” 1975(1) s.168(1), Sch.20, “the Northern Ireland Department” “the Northern Ireland Administration Act”; “occupational pension scheme”; “the Old Cases Act”; “Old Cases payments”; “the Pensions Act”; “personal pension scheme” Drafting “prescribe” 1975 s.168(1), Sch.20, “prescribe” “President” 1975(1) s.168(1), Sch.20 “President”; 1991(2) s.4, Sch.1, para.20 “rate rebate”; “rent rebate”; “rent allowance” Drafting “rates” 1986 s.84(1) “rates”; Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47) s.26(2)(a) “rating authority” 1986 s.84(1) “rating authority” “tax year” 1975(1) s.168(1), Sch.20, “tax year” “10 year general qualification” Drafting “widow's benefit” Drafting 192 Short title, commencement and extent Sch. 1 para.1 1975(1) s.165A; 1985 ss.17, 32(3) para.2 1975(1) s.165A; 1985 s.17; 1986 s.86, Sch.10, para.88; Social Security Act 1986 (Commencement No.1) Order 1986 (S.I.1986/1609) para.3 1975(1) s.165A; 1986 s.86, Sch.10, para.87; Social Security Act 1986 (No.4) Commencement Order 1986 (S.I.1986/1959) para.4 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 ss.31(1), 33(2), (3), Sch.8, para.9(1) para.5 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 ss.6(1), 23(2), (3) Sch. 2 para.1(1) 1975(1) s.97(4), Sch.10, para.1A(4); 1983 s.25, Sch.8, para.8 (2) - (4) 1975(1) s.97(4), Sch.10, para.1A(5) - (7); 1980(1) s.13(1) - (3); 1983 s.25, Sch.8, para.8 (5) 1975(1) s.97(4), Sch.10, para.1A(9); 1980(1) s.13(6); 1983 s.25, Sch.8, para.8 (6) 1980(1) s.13(5)(a); Judicial Pensions Act 1981 (c. 20) s.36, Sch.3, para.10 (7) 1980(1) s.13(1) para.2 1975(1) s.97(4), Sch.10, para.1A(10); 1983 s.25, Sch.8, para.8 para. 3 1975(1) ss.97(4), 100D(7), 108(3), Sch. 10, para.1A(11), Sch.10A, para.11, Sch.12, paras.5A, 7; 1983 s.25, Sch.8, paras.8, 10; 1991(2) s.4, Sch.1, paras.5, 16 para.4(1), (2) 1975(1) ss.97(4), 100D(7), Sch.10, paras.1B, 1C, Sch.10A, para.11; 1983 s.25, Sch.8, para.8; 1991(2) s.4, Sch.1, paras.5, 16 para.5 1975(1) ss.97(4), 100D(7), 108(3), Sch.10, para.1D, Sch.10A, para.11, Sch.12, para.9; 1983 s.25, Sch.8, paras.8, 11; 1991(2) ss.4, Sch.1, paras.5, 16 para.6 1975(1) s.97(4), Sch.10, para.4; 1980(1) s.12; The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 para.7 1975(1) ss.97(4), 100D(7), 108(3), 113(3), Sch.10, para.3, Sch.10A, para.11, Sch.12, paras.4, 5, 6, 7; 1983 s.25, Sch.8, para.27(b); 1991(2) s.4, Sch.1, paras.5, 16 para.8 1980(1) s.17; 1991(2) s.4, Sch.2, para.10 Sch. 3 para.1 1975(1) s.115(2) “competent tribunal”; 1983 s.25, Sch.8, paras.5, 25; 1991(2) s.4, Sch.1, para.10 para.2 1975(1) s.115, Sch.13, para.1; 1989 s.21, Sch.3, para.4 para.3 1975(1) s.115, Sch.13, para.1A; 1986 s.52(1), Sch.5, para.19(a) paras.4 - 9 1975(1) s.115, Sch.13, paras.2 - 7 para.10 1975(1) s.115, Sch.13, para.7A; 1989 s.21, Sch.3, para.10; 1991(2) s.4, Sch.1, para.17 para.11 1975(1) s.115, Sch.13, para.10; 1986 s.52(1), Sch.5, para.19(b) para.12 1975(1) s.115, Sch.13, para.11 Sch. 4 Part I 1989 s.19, Sch.2, Part I; 1990 s.21(1), Sch.6, para.28(4), (5); 1991(2) s.4, Sch.2, para.19 Part II 1989 s.19, Sch.2, Part II; 1990 s.21(1), Sch.6, para.28(6) Sch. 5 para.1 1980(1) s.9(2), Sch.3, para.1; 1982(2) s.48(5), Sch.4, para.32(2) para.2 1980(1) s.9(2), Sch.3, para.2; 1982(2) s.48(5), Sch.4, para.32(3) paras.3 - 10 1980(1) s.9(2), Sch.3, paras.3 - 10 Sch. 6 1975(1) s.141, Sch.16, Part 1 Sch. 7 Part I para.1 1980(1) s.10(2), Sch.3, para.12(4); 1991(2) s.4, Sch.2, para.11 para.2 1980(1) s.10(2), Sch.3, para.12(1) para.3 1980(1) s.10(2), Sch.3, para.12(2); 1986 s.86, Sch.10, para.99 para.4 1980(1) s.10(2), Sch.3, para.13(1) para.5 1980(1) s.10(2), Sch.3, para.13(1A); 1986 s.86, Sch.10, para.106 paras.6, 7 1980(1) s.10(2), Sch.3, para.14 para.8 1980(1) s.10(2), Sch.3, paras.15A, 15AA; 1982(2) s.48(5), Sch.4, para.33(3); 1986 s.86, Sch.10, para.107; 1989 s.31(1), Sch.8, para.12(6) paras.9, 10 1980(1) s.10(2), Sch.3, paras.19, 20 Part II R14 para.11 1975(1) s.141, Sch.16, para.5 para.12 1975(1) s.141, Sch.16, para.8; 1986 s.86, Sch.10, para.90 paras.13 - 15 1975(1) s.141, Sch.16, paras.9 - 11 para.16 1980(1) s.11(2)(a) para.17 1975(1), s.141, Sch.16, para.12 Sch. 8 1975(1) s.142(2); Sch.17 Sch. 9 para.1(1) 1975 (Old Cases) s.4(1) (2) 1975 (Old Cases) s.4(2); 1989 s.31(1), Sch.8, para.10(1) (3) 1975 (Old Cases) s.4(3) (4) 1975 (Old Cases) s.4(4); 1977 s.11(1)(a); 1990 s.16(8)(b) (5) - (7) 1975 (Old Cases) s.4(5) - (7) paras.2, 3 1975 (Old Cases) ss.8, 9 para.4 1986 s.53(11) Sch. 10 para.1 Drafting para.2 1986 s.73, Sch.7, para.3 para.3(1) 1986 s.73, Sch.7, para.4(1); 1991(2) s.4, Sch.2, para.15(b) (2) 1986 s.73, Sch.7, para.4(2) para.4(1) 1986 s.73, Sch.7, para.5(1) (2) 1986 s.73, Sch.7, para.2 (3) 1986 s.73, Sch.7, para.5(2) para.5 1986 s.73, Sch.7, para.7 para.6 1986 s.73, Sch.7, para.6 1(1) 1975(1) s.165A(1); 1986 s.86(1), Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 s.6(1)(a) (2) 1975(1) s.165A(2); 1986 s.86(1), Sch.10, para.87; 1990 s.6(1)(b) (3) 1975(1) s.165A(3); 1990 s.1(6); 1991(2) s.4, Sch.1, para.19 (4) 1975(1) s.165A(1); 1986 s.86, Sch.10, para.48(b); 1990 s.5(4) (5), (6) Drafting 2(1) 1975(1) s.165B(1); 1990 s.5(1) (2), (3) 1975(1) s.165B(2); 1990 s.5(1) (4), (5) 1975(1) s.165B(3), (4); 1990 s.5(1) 3 1975(1) s.165C; 1990 s.6(2) 4 1990 s.21(1), Sch.6, para.27(2) 5(1)(a)—(h) 1986 s.51(1)(a)—(h) (i)—(r) 1986 s.51(1)(k)—(t) (2) 1986 s.51(2); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.1 (3) Housing Act 1988 (c. 50) s.121(6) (4), (5) 1986 s.51(3),(4) 6(1)(a) - (k) 1986 s.51A(1)(a) - (k); 1988(2) s.135, Sch.10, para.8 (l) 1986 s.51A(1)(kk); 1989 s.31(1), Sch.8, para.9(6)(a) (m) - (p) 1986 s.51A(1)(l) - (o); 1988(2) s.135, Sch.10, para.8 (q) 1986 s.51A(1)(oo); 1989 s.31(1), Sch.8, para.9(6)(b) (r) - (u) 1986 s.51A(1)(p) - (s); 1988(2) s.135, Sch.10, para.8 (2),(3) 1986 s.51A(2),(3); 1988(2) s.135, Sch.10, para.8 7 1986 s.51B; 1988(2) s.135, Sch.10, para.8 8 1975(1) s.88 9 1975(1) s.89 10(1) 1975(1) s.90(2); 1988(1) s.2, Sch.1, para.6 (2) 1975(1) s.90(3); 1986 s.86, Sch.10, para.85 (3) 1975(1) s.90(4) 11 1986 s.27B(1) - (3); 1991(2) s.7(1) 12(1) 1986 s.33(1); 1988(1) s.11, Sch.3, para.9 (2) 1986 s.33(13); 1990 s.10(5) 13(1) 1975(3) s.6(1); 1989 s.26, Sch.7, para.22 (2) 1975(3) s.6(3) 14(1) 1982(2) s.17(2) (2) 1982(2) s.17(2A); 1985 s.20 (3) 1982(2) s.17(3) 15(1) 1986 s.49, Sch.4, para.6 (2) 1986 s.49, Sch.4, para.7 16 1988(1) s.8 17(1)(a),(b) 1975(1) s.93(1)(a),(b) (c) 1975(1) s.93(1)(bb); 1991(3) s.3(1) (d) 1975(1) s.93(1)(d) (e) 1975(1) s.93(1)(e); 1977 s.22(5) (f) 1975(2) s.60(1)(a) (g)(i) - (iv) 1986 s.52(2), Sch.5, Part II, para.(b)(i) - (iv) (v) 1986 s.52(2), Sch.5, Part II, para.(b)(vi); 1991(1) s.2(3) (vi) 1986 s.52(2), Sch.5, Part II, para.b(v) (h) 1986 s.52(2), Sch.5, Part II, para.(c) (2) 1975(1) s.93(2) (3) 1975(1) s.93(2A); 1989 s.21, Sch.3, para.1(1); R8 (4) 1975(1) s.93(3); R8 18(1) 1975(1) s.94(1); R8 (2) - (5) 1975(1) s.94(2) - (5) (6), (7) 1975(1) s.94(7), (8) 19(1) 1975(1) s.96(1); 1986 s.52(1), Sch.5, para.3; R8 (2), (3) 1975(1) s.96(2); 1980(1) ss.2, 21, Sch.1, para.9 20(1) 1975(1) s.98(1); 1991(2) s.4, Sch.1, para.2 (2) 1975(1) s.98(2); 1986 s.52(1), Sch.5, para.4 (3) 1975(1) s.98(1); 1986 s.52(3), (7)(a); 1991(2) s.4, Sch.2, para.15(a) (4) 1975(1) s.98(2A); 1986 s.52(1), Sch.5, para.4 (5) 1975(1) s.98(3) (6) 1975(1) s.98(1); 1986 s.52(3)(a), (3A), (6); 1988(1), s.11, Sch.3, para.16; 1991(2) ss.4, 7, Sch.2, para.15(a), Sch.3, para.3(1) 21(1) 1975(1) s.99(1); 1991(2) s.4, Sch.1, para.3(1) (2) 1975(1) s.99(2); 1986 s.52(1), Sch.5, para.5; 1991(2) s.4, Sch.1, para.3(2) (3) 1975(1) s.99(2A); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.3(3), Sch.3, para.3(1) (4), (5) 1975(1) s.99(3); 1986 s.52(7)(b) (6) 1975(1) s.99(4); 1989 s.21, Sch.3, para.2 22(1) 1975(1) s.100(1); 1986 s.52(3A), (7)(c)(i); 1991(2) ss.4, 7, Sch.1, para.4(a), Sch.3, para.3(1) (2) 1975(1) s.100(2); 1986 s.52(1), (7)(c)(ii), Sch.5, para.6(b); 1991(2) s.4, Sch.1, para.4(b) (3) 1975(1) s.100(3); 1986 s.52(1), Sch.5, para.6(c) (4) 1975(1) s.100(4); 1986 s.52(1), Sch.5, para.6(d) (5) 1975(1) s.100(7); 1986 s.52(1), (7)(c)(iii), Sch.5, para.6(e); 1991(2) s.4, Sch.1, para.4(c) (6), (7) 1975(1) s.100(8),(9); 1990 s.21(1), Sch.6, para.6(1) 23(1) 1975(1) s.101(1); 1986 s.52(1), Sch.5, para.7(1) (2) 1975(1) s.101(2); 1986 s.52(7)(d) (3) 1975(1) s.101(2)(a), (b), (c), (d); 1986 s.52(1), Sch.5, para.7(2) (4) 1975(1) s.101(2)(bb); 1990 s.21(1), Sch.6, para.6(2) (5) 1975(1) s.101(3); 1990 s.21(1), Sch.6, para.6(3) (6) 1975(1) s.101(4) (7), (8) 1975(1) s.101(5); 1986 s.52(1), Sch.5, para.7(3); 1989 s.21, Sch.3, para.6 (9), (10) 1975(1) s.101(5A), (5B); 1986 s.52(1), Sch.5, para.7(3) 24(1) - (5) 1980(1) s.14(1)—(5) (6) 1980(1) s.14(8)(a); The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 25(1) 1975(1) s.104(1); 1986 s.52(1), (3)(a), (3A), (6) Sch.5, para.10(a); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.14; 1989 ss.10(5), 21, Sch.3, para.11(1); 1991(2) ss.4, 7, Sch.1, para.8(a), Sch.3, para.3(1) (2) 1975(1) s.104(1A); 1983 s.25, Sch.8, para.3; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.8(b), Sch.3, para.3(1) (3) 1975(1) s.104(1); 1986 s.52(1), Sch.5, para.10(a) (4) 1986 s.52(8); R9 (5) 1975(1) s.104(1ZA); 1989 s.25, Sch.3, para.11(2) 26(1),(2) 1975(1) s.104(2),(3) (3) 1975(1) s.104(3A); 1986 s.52(1), Sch.5, para.10(c) 27(1) 1975(1) s.104(5); 1986 s.52(1), Sch.5, para.10(d); 1989 s.21, Sch.3, para.11(4) (2) 1975(1) s.104(6); 1990 s.6(3) 28 1975(1) s.104(4) 29 1975(1) s. 104(3B); 1989 s.21, Sch.3, para.7 30(1) 1975(1) s.100A(1); 1986 s.52(3A), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (2) 1975(1) s.100A(2); 1991(2) s.4, Sch.1, para.5 (3) 1975(1) s.100A(3); 1991(2) s.4, Sch.1, para.5 (4) 1975(1) s.100A(4); 1991(2) s.4, Sch.1, para.5 (5) 1975(1) s.100A(2); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1), (3) (6) - (11) 1975(1) s.100A(5) - (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (12) 1975(1) s.100A(11); 1991(2) s.4, Sch.1, para.5 (13) 1975(1) s.100A(12); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 31 1975(1) s.100B; 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 32(1) 1975(1) s.100C(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (2) - (5) 1975(1) s.100C(2) - (5); 1991(2) s.4, Sch.1, para.5 (6), (7) 1975(1) s.100C(6), (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (8) 1975(1) ss.100C(8)(a), 104(5)(b); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) (9), (10) 1975(1) s.100C(9), (10); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 33 1975(1) s.100D(1) - (6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.5, Sch.3, para.3(1) 34(1) 1975(1) s.101(1); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.6(a), Sch.3, para.3(1) (2) 1975(1) s.101(2), (3); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.101(4); 1986 s.52(3A); 1991(2) s.7, Sch.3, para.3(1) (4) 1975(1) s.101(5) - (5B); 1991(2) s.7, Sch.3, para.3(1) (5) 1980(1) s.14(1) - (5), (8)(a) 35(1), (2) 1975(1) s.104A(1), (2); 1991(2) s.4, Sch.1, para.9 (3) 1975(1) s.104A(1); 1986 s.52(3A), (9)(a), (b), (10); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3) (4) 1975(1) s.104A(3); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (5) 1975(1) ss.104(3A), 104A(9); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (6) - (9) 1975(1) s.104A(4) - (7); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) (10) 1975(1) ss.104(5)(b), 104A(9)(c); 1986 s.52(3A), (9)(c); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1), (3)(c) (11) 1975(1) ss.104(1ZA), 104A(9)(a); 1991(2) s.4, Sch.1, para.9 (12) 1975(1) s.104A(8); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.9, Sch.3, para.3(1) 36(1) 1975(1) s.102(1), (2); 1986 s.52(1), Sch.5, para.8; 1991(2) s.4, Sch.1, para.7(1) (2) 1975(1) s.102(3); 1991(2) s.4, Sch.1, para.7(2) 37(1) 1975(1) s.103(1); 1986 s.52(1) Sch.5, para.9 (2) 1975(1) 103(2); 1986 s.52(1), Sch.5, para.9; 1989 s.21, Sch.3, para.15 (3) 1975(1) s.103(3); 1986 s.52(1), Sch.5, para.9 38(1) 1975(1) s.97(1); 1983 s.25, Sch.8, para.2; 1990 s.21(1), Sch.6, para.5(1) (2) 1975(1) s.97(1A); 1983 s.25, Sch.8, para.2 39 1975(1) s.97(1B)—(1E); 1983 s.25, Sch.8, para.2 40(1) 1975(1) s.97(4), Sch.10, para.1(1); 1983 s.25, Sch.8, para.7 (2), (3) 1975(1) s.97(4), Sch.10, para.1(2), (2A); 1984 s.16(b) (4) 1975(1) s.97(4), Sch.10, para.1(6); 1983 s.25, Sch.8, para.7 41(1) 1975(1) s.97(2); 1983 s.25, Sch.8, para.2 (2) 1975(1) s.97(2A); 1984 s.16(a) (3),(4) 1975(1) s.97(2C),(2D); 1983 s.25, Sch.8, para.2 (5) 1975(1) s.97(2E); 1983 s.25, Sch.8, para.2; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(1) (6) 1975(1) s.97(4), Sch.10, para.1(8); 1983 s.25, Sch.8, para.7 (7) Drafting 42(1) - (5) 1975(1) s.100D(7), Sch.10A, paras.3 - 7; 1991(2) s.4, Sch.1, paras.5, 16 (6) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(2A); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 (7) 1975(1) ss.97(4), 100D(7), Sch.10, para.1(6); Sch.10A, para.8; 1991(2) s.4, Sch.1, paras.5, 16 43(1) 1975(1) s.100D(7), Sch.10A, para.1; 1991(2) s.4, Sch.1, paras.5, 16 (2), (3) 1975(1) s.100D(7), Sch.10A, paras.9, 10; 1991(2) s.4, Sch.1, paras.5, 16 (4)—(6) 1975(1) ss.97(2C)—(2E), 100D(7), Sch.10A, para.2; 1991(2) s.4, Sch.1, paras.5, 16 (7), (8) 1975(1) s.100D(7), Sch.10A, paras.12, 13; 1991(2) s.4, Sch.1, paras.5, 16 (9) Drafting 44(1)—(3) 1975(1) s.107(1)—(3) (4), (5) 1975(1) s.107(4); 1988 s.2, Sch.1, para.6 (6) 1975(1) s.107(5) (7) 1975(1) s.107(6); 1986 s.52(1), Sch.5, para.12(a) 45(1) 1975(1) s.108(1); 1984 s.11(2), Sch.4, para.5; 1986 s.39, Sch.3, para.14(a); 1989 s.21, Sch.3, para.12(1) (2) 1975(1) s.108(2); 1983 s.25, Sch.8, para.21(1); 1984 s.11(2), Sch.4, para.6 (3) 1975(1) s.108(4); 1983, s.25, Sch.8, para.21(3) (4),(5) 1975(1) s.108(4A),(4B); 1989 s.21, Sch.3, para.12(2) (6) 1975(1) s.108(5); 1983 s.25, Sch.8, para.21(3) 46(1) 1975(1) s.109(1); 1983 s.25, Sch.8, para.22(a); 1984, s.11(2), Sch.4, para.7 (2) 1975(1) s.109(2); 1983 s.25, Sch.8, para.22(b)(i) (3) 1975(1) s.109(3); 1983 s.25, Sch.8, para.22(c); 1986 s.52(1), Sch.5, para.13 47(1) 1975(1) s.110(1); 1979 s.21(4), Sch.3, para.8; 1983 s.25, Sch.8, para.23(a) (2),(3) 1975(1) s.110(1A),(1B); 1986 s.52(1), Sch.5, para.14(b) (4) 1975(1) s.110(2); 1983 s.25, Sch.8, para.23(b) (5)—(7) 1975(1) s.110(3)—(5) (8) 1975(1) s.110(6); 1983 s.25, Sch.8, para.23(c); 1984 s.11(2), Sch.4, para.8(a) (9) 1975(1) s.110(7); 1983 s.25, Sch.8, para.23(d); 1984 s.11(2), Sch.4, para.8(b) (10) Social Security (Consequential Provisions) Act 1975 (c. 18) ss.2, 4, Sch.3, para.20 48(1) 1975(1) s.112(1); 1984 s.11(2), Sch.4, para.9; 1986 s.52(1), Sch.5, para.15(a) (2) 1975(1) s.112(2) (3) 1975(1) s.112(3); 1986 s.52(1), Sch.5, para.15(b) (4) 1975(1) s.112(5) (5), (6) 1975(1) s.112(6), (7); 1989 s.21, Sch.3, para.9(2) 49(1) 1975(1) s.108(3), Sch.12, para.1; 1983 s.25, Sch.8, paras.21(2), 27(a) (2) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) 50(1) 1975(1) s.108(3), Sch.12, para.2(1); 1983 s.25, Sch.8, paras.9, 21(2) (2) 1975(1) s.108(3), Sch.12, para.2(2); 1983 s.25, Sch.8, paras.9, 21(2); 1986 s.52(1), Sch.5, para.18 (3), (4) 1975(1) s.108(3), Sch.12, para.2(3), (4); 1983 s.25, Sch.8, paras.9, 21(2) (5) 1975(1) s.108(3), Sch.12, para.2(5); 1983 s.25, Sch.8, paras.9, 21(2); 1989 ss.21, 26, Sch.3, para.18, Sch.7, para.17; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(4) (6) 1975(1) s.108(3), Sch.12, para.3; 1983 s.25, Sch.8, paras.21(2), 27(b) (7) Drafting 51(1) 1975(1) s.97(4), Sch.10 para.1A(1); 1991(2) s.4, Sch.1, para.15 (2) 1975(1) s.97(4), Sch.10, para.1A(2); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(2) (3) 1975(1) s.97(4), Sch.10, para.1A(3); 1983 s.25, Sch.8, para.8; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.37(3) (4) Drafting 52(1) 1975(1) s.97(3); 1980(1) s.12; Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.36 (2) 1980(1) s.13(5); Courts and Legal Services Act 1990 (c. 41) s.71(2), Sch.10, para.46 (3) 1980(1) s.13(6) (4) Drafting 53(1) 1975(1) s.115A(1); 1989 s.21, Sch. 3, para. 3(1) (2) 1975(1) s.115A(2); 1989 s.21, Sch. 3, para. 3(1); 1991(2) s.4, Sch.1, para.11 (3), (4) 1975(1) s.115A(3), (4); 1989 s.21, Sch. 3, para. 3(1) 54(1), (2) 1975(1) s.115C(1), (2); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) (3) 1975(1) s.115C(3); 1991(2) s.4, Sch.1, para.13 (4) 1975(1) s.115C(3); 1986 s.52(3A), (9)(d); 1991(2) s.7, Sch.3, para.3(1), (3) (5) 1975(1) s.115C(4); 1986 s.52(3A), (9)(b); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1), (2) (6) 1975(1) s.115C(5); 1991(2) s.4, Sch.1, para.13 (7) 1975(1) s.115C(5); 1986 s.52(3A), (9)(e); 1991(2) s.7, Sch.3, para.3(1), (3) (8) 1975(1) s.115C(6); 1986 s.52(3A); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 55 1975(1) s.115D; 1986 s.52(3A)(c); 1991(2) ss.4, 7, Sch.1, para.13, Sch.3, para.3(1) 56(1) 1975(1) s.115B(1); 1989 s.21, Sch.3, para.3(1) (2) 1975(1) s.115B(2); 1989 s.21, Sch.3, para.3(1); 1991(2) s.4, Sch.1, para.12 57(1) 1975(1) s.116(1); 1980(1) s.12 (2) 1975(1) s.116(2) 58(1), (2) 1975(1) s.114(1); 1986 s.52(3)(b), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.114(2) (4) 1975(1) s.114(2A); Employment Protection (Consolidation) Act 1978 (c. 44) s.159, Sch.16, para.19(1) (5) - (7) 1975(1) s.114(2B) - (2D); 1986 s.52(1), Sch.5, para.16(a) (8) 1975(1) s.114(5) 59(1) 1975(1) s.115(1), (2); 1986 s.52(3)(c), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.115(3); 1986 s.52(4); 1991 s.7, Sch.3, para.3(2) (3) 1975(1) s.115(4) (4) 1975(1) s.115(4A); 1991(3) s.3(2) (5) 1975(1) s.115(5) (6) 1975(1) s.115(6); 1989 s.21, Sch.3, para.1(2) (7) 1975(1) s.115(7) 60(1) 1975(1) s.117(1); 1983 s.25, Sch.8, para.6; 1986 s.52(3)(d), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (2) 1975(1) s.117(2) (3) 1975(1) s.117(3); 1983 s.25, Sch.8, para. 26 (4) 1975(1) s.117(4); 1988(1) s.2, Sch.1, para.6 (5) 1975(1) s.117(5); 1988(1) s.2, Sch.1, para.6 61(1) 1975(1) s.119(3) (2) 1975(1) s.119(4)(a) (3) 1977 s.17(5) (4) 1975(1) s.119(3); 1986 s.52(3)(e), (3A), (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) 62(1) 1975(1) s.113(1) (2) 1975(1) s.113(2)(a), (b); 1983 s.25, Sch.8, para.24(a) 63(1) 1986 ss.29(1), 31C(1); 1988(2) s.135, Sch.10, para.6 (2) 1986 ss.29(2), 31C(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 ss.29(3), 31C(3); 1988(2) s.135, Sch.10, para.6 64(1),(2) 1986 s.32(8),(9) (3) 1986 s.32(10); 1988(1) s.11, Sch.3, para.7; 1990 s.10(2) 65 1986 s.35 66(1) - (8) 1986 s.34 (9), (10) 1986 s.32(11), (12); 1988(1) s.11, Sch.3, para.7 67 1986 s.66, Sch.6, para.4 68(1)—(3) 1975(1) s.165D(1)—(3); 1990 s.21(1), Sch.6, para.7(2) (4) 1975(1) s.165D(4); 1986 s.86, Sch.10, para.48(c); 1990 s.21(1), Sch.6, para.7(2), (3); 1991(2) s.4, Sch.2, para.5 (5), (6) 1975(1) s.165D(5), (6); 1990 s.21(1), Sch.6, para.7(2) 69(1) 1975(1) ss.100C(8)(b), 104(7); 1986 s.52(3)(a), (3A); 1990 s.21(1), Sch.6, para.7(1); 1991(2) ss.4, 7, Sch.1, para.5, Sch.2, para.15(a), Sch.3, para.3(1) (2) - (4) 1975(1) s.104(8) - (10); 1990 s.21(2), Sch.6, para.7(1) 70(1) National Insurance Act 1974 (c. 14) s.6(1) (2) National Insurance Act 1974 s.6(3) (3) National Insurance Act 1974 s.6(1); Social Security (Consequential Provisions) Act 1975 (c. 18) s.1(3), Sch.2, para.70; 1975(2) s.65, Sch.4, para.35; 1975(3) s.21(1), Sch.4, para.8; Supplementary Benefits Act 1976 (c. 71) s.35(2), Sch.7, para.36; 1990 s.21(1), Sch.6, para.31(a); 1991(1) s.3(1)(a); 1991(2) s.15(1); 1991(3) s.6(1) 71(1) 1986 s.53(1) (2) 1986 s.53(1A); 1989 s.21, Sch.3, para.14(1) (3), (4) 1986 s.53(2), (3) (5) 1986 s.53(4); 1989 s.21, Sch.3, para.14(2) (6) - (8) 1986 s.53(5)—(7) (9), (10) 1986 s.53(8), (9) (11) 1986 s.53(10); 1988(1) ss.11, 16, Sch.3, para.16, Sch.4, para.30(1); 1991(2) s.7, Sch.3, para.4 72(1) 1986 s.20(4E); 1988(1) s.4(2) (2) 1986 s.20(4H); 1988(1) s.4(2) (3)—(6) 1986 s.20(4J)—(4M); 1988(1) s.4(2) (7),(8) 1986 s.20(4F),(4G); 1986 s.53(10A); 1988(1) ss.4(2), 16, Sch.4, para.30(2) 73(1) 1975(1) s.85(1) (2) 1975(1) s.85(2); 1975(3) s.21(1), Sch.4, para.28 (3) 1975(1) s.85(3) (4), (5) 1975(1) s.85(4), (5); 1979 s.15(1) 74 1986 s.27 75 1986 s.29(4)—(7) 76(1), (2) 1986 s.31D(1), (2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31D(3); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (4) 1986 s.31D(4); 1988(2) s.135, Sch.10, para.6 (5) 1986 s.31D(5); 1988(2) s.135, Sch.10, para.6; 1989 s.31(1), Sch.8, para.9(4) (6) - (8) 1986 s.31D(6) - (8); 1988(2) s.135, Sch.10, para.6 77 1986 s.31E; 1988(2) s.135, Sch.10, para.6 78(1) - (3) 1986 s.33(5) - (7) (4) 1986 s.32(4) (5) 1986 s.33(12) (6) 1986 ss.26(3), 33(8); 1989 s.5(2) (7) 1986 ss.26(4), 33(8); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.93; 1989 s.5(3) (8) 1986 ss.26(5), 33(8); 1989 s.5(4) (9) 1986 ss.26(6), 33(8) 79(a) 1986 s.53(7A); 1988 s.16, Sch.4, para.28 (b) 1986 s.29(8); 1988 s.16, Sch.4, para.26 (c) 1986 s.33(8A); 1988 s.16, Sch.4, para.27 80 1975(3) s.4A; 1979 s.15(3) 81(1) “benefit” 1989 s.22(3) “benefit”; 1991(1) s.1(5) “certificate of deduction” 1989 s.22(3) “certificate of deduction” “certificate of total benefit” 1989 s.22(3) “certificate of total benefit” “compensation payment” 1989 s.22(3) “compensation payment”; 1990 s.7, Sch.1, para.1(1) “compensation scheme for motor accidents” 1989 s.22(3) “compensation scheme for motor accidents”; 1990 s.7, Sch.1, para.1(2) “compensator”; “victim”; “intended recipient” Drafting “payment” 1989 s.22(3) “payment” “relevant deduction” 1989 s.22(7), Sch.4, para.1(1) “relevant deduction” “relevant payment” 1989 s.22(7), Sch.4, para.1(1) “relevant payment” “relevant period” 1989 s.22(3) “relevant period” “total benefit” 1989 s.22(7), Sch.4, para.1(1) “total benefit” (2) 1989 s.22(3A); 1991(1) s.1(5) (3) - (5) 1989 s.22(4) - (6) (6) 1989 s.22(7), Sch.4, para.1(2) (7) 1989 s.22(8) 82 1989 s.22(1), (2) 83 1989 s.22(7), Sch.4, para.2 84 1989 s.22(7), Sch.4, para.3 85 1989 s.22(7), Sch.4, para.4 86 1989 s.22(7), Sch.4, para.5 87 1989 s.22(7), Sch.4, para.6 88 1989 s.22(7), Sch.4, para.7 89 1989 s.22(7), Sch.4, para.8 90 1989 s.22(7), Sch.4, para.9 91 1989 s.22(7), Sch.4, para.10 92 1989 s.22(7), Sch.4, para.11 93(1) 1989 s.22(7), Sch.4, para.12(1) (2) 1989 s.22(7), Sch.4, para.12(2); 1990 s.7, Sch.1, para.2(1) (3), (4) 1989 s.22(7), Sch.4, para.12(3), (4) (5) 1989 s.22(7), Sch.4, para.12(5); 1990 s.7, Sch.1, para.2(2) (6) 1989 s.22(7), Sch.4, para.12(6); 1990 s.7, Sch.1, para.2(3) (7) 1989 s.22(7), Sch.4, para.12(6A); 1990 s.7 Sch.1, para.2(4) (8), (9) 1989 s.22(7), Sch.4, para.12(7), (8) 94(1), (2) 1989 s.22(7), Sch.4, para.13(1), (2) (3) 1989 s.22(7), Sch.4, para.13(2A); 1990 s.7, Sch.1, para.1(4) (4) - (6) 1989 s.22(7), Sch.4, para.13(3) - (5) 95 1989 s.22(7), Sch.4, para.14 96 1989 s.22(7), Sch.4, para.15 97 1989 s.22(7), Sch.4, para.16 98(1), (2) 1989 s.22(7), Sch.4, para.17(1), (2) (3) 1989 s.22(7), Sch.4, para.17(3); 1990 s.7, Sch.1, para.3 (4) - (10) 1989 s.22(7), Sch.4, para.17(4) - (10) (11) 1989 s.22(7), Sch.4, para.17(11); 1990 s.7, Sch.1, para.4 (12) 1989 s.22(7), Sch.4, para.17(12) 99 1989 s.22(7), Sch.4, para.18 100 1989 s.22(7), Sch.4, para.19 101 1989 s.22(7), Sch.4, para.20A; 1990 s.7, Sch.1, para.5(1) 102(1) 1989 s.22(7), Sch.4, para.21(1); 1990 s.7, Sch.1, para.5(2) (2) 1989 s.22(7), Sch.4, para.21(2) 103 1989 s.22(7), Sch.4, para.24; 1990 s.7, Sch.1, para.6 104 1989 s.27 105(1), (2) 1986 s.26(1), (2) (3) 1986 s.26(3) - (6); 1990 s.8(3) 106(1) 1986 s.24(1) (2) - (4) 1986 s.24(4)—(6) (5) 1986 s.24(7); Family Law Reform Act 1987 (c. 42) s.33(1), Sch.2, para.91 (6),(7) 1986 s.24(8),(9) 107(1)—(4) 1986 s.24A (1) - (4); 1990 s.8(1) (5) 1986 s.24A(4A); Maintenance Enforcement Act 1991 (c. 17) s.9(1) (6) - (8) 1986 s.24A(5) - (7); 1990 s.8(1) (9) - (11) 1986 s.24A(7A) - (7C); Maintenance Enforcement Act 1991 s.9(2) (12) - (15) 1986 s.24A(8) - (11); 1990 s.8(1) 108 1986 s.24B; 1990 s.8(1) 109 1986 s.25A; Debtors (Scotland) Act 1987 (c. 18) s.68 110(1) 1986 s.58(1) (2) 1986 s.58(2); 1989 s.22, Sch.4, para.20(2),(3) (3) 1986 s.58(3); 1989 s.22, Sch.4, para.20(4) (4),(5) 1986 s.58(4),(5) (6) 1986 s.58(6); 1989 s.22, Sch.4, para.20(5) (7) 1986 s.58(7); 1989 s.22, Sch.4, para.20(6) (8) 1986 s.84(1) “the benefit Acts” (9) “relevant benefit” 1986 s.58(2)(b)(ii), (10); 1989 s.22, Sch.4, para.20(2), (7) “relevant payment” 1986 s.58(c)(iii), (6)(a)(iii), (7)(e), (10); 1989 s.22, Sch.4, para.20(3), (5) - (7) 111 1986 s.58(8), (9); R10 112 1986 s.55 113 1986 s.54 114(1) 1975(1) s.146(1); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (2) 1975(1) s.1(4), Sch.1, para.5(2) (3) 1975(1) s.146(2) (4) 1975(1) s.146(3); Criminal Procedure (Scotland) Act 1975 (c. 21) s.289G; Criminal Justice Act 1982 (c. 48) ss.46, 54 (5), (6) 1975(1) s.146(4) 115 1986 s.57 116(1) 1986 s.56(1) (2) 1986 s.56(2); 1988(2) s.135, Sch.10, para.9(2) (3) 1986 s.56(3) (4) 1986 s.56(4); 1988(2) s.135, Sch.10, para.9(3) (5) 1986 s.56(4A), 1988(2) s.135, Sch.10, para.9(4) (6) 1986 s.56(4B); 1990 s.21(1), Sch.6, para.5(2) (7) 1986 s.56(5); 1988(2) s.135, Sch.10, para.9(5) 117(1) 1975(1) s.148(1); 1986 s.52(5); R8 (2), (3) 1975(1) s.148(2), (3) 118 1975(1) s.149 119 1975(1) s.150 120(1), (2) 1975(1) s.151(1), (2) (3) 1975(1) s.151(3); 1991(3) s.2(6)(a) (4) 1975(1) s.151(3A); 1991(3) s.2(6)(b) (5) 1975(1) s.151(4) (6) 1975(1) s.151(5); 1991(3) s.2(6)(c) 121(1) 1975(1) s.152(1); Magistrates' Courts Act 1980 (c. 43) s.154, Sch.7, para.135 (2) 1975(1) s.152(2); 1975(2) s.65, Sch.4, para.67 (3) 1975(1) s.152(3) (4) - (6) 1975(1) s.152(5) - (7) 122(1) 1986 s.59(1); 1989 s.20(a) (2) 1986 s.59(2); 1989 s.20(b) (3) 1986 s.59(3) 123(1)—(6) 1989 s.19(1)—(6) (7) 1989 s.19(7); 1990 s.21(1), Sch.6, para.28(1) (8) 1989 s.19(8) (9) 1989 s.19(9); 1990 s.21(1), Sch.6, para.28(2) (10) 1989 s.19(10); 1990 s.21(1), Sch.6, para.28(3) 124(1), (2) 1975(1) s.160(1); 1975 (Old Cases) s.11; 1986 s.52(3)(f), (3A) (6); 1988(1) s.11, Sch.3, para.16; 1991(2) s.7, Sch.3, para.3(1) (3) 1975(1) s.160(2); Registration of Births, Deaths and Marriages (Fees) (No.2) Order 1990 (S.I.1990/2515) art.2, Sch.; Registration of Births, Deaths and Marriages (Fees) (Scotland) Order 1990 (S.I.1990/2637) art.2, Sch. (4), (5) 1975(1) s.160(3), (4) 125 1986 s.60 126 1986 s.27A; 1989 s.31(1), Sch.8, para.17 127 1986 s.31(1)—(3) 128 1986 s.31G(1)—(3); 1988(2), s.135, Sch.10, para.6 129 1982(2) s.17(1) 130(1) 1982(2) s.18(1); 1984 s.11, Sch.4, para.15(a) (2), (3) 1982(2) s.18(2), (3) (4)(a), (b) 1982(2) s.17(4) (c) 1982(2) s.9(3)(a) 131 1986 s.49, Sch.4, para.9 132(1), (2) 1986 s.49, Sch.4, para.8A; 1989 s.31(1), Sch.8, para.18; (3) 1986 s.49, Sch.4, para.8 133 1975(1) s.161(1) 134(1) 1986 s.28(1); 1990 s.21(1), Sch.6, para.18 (2) 1986 s.28(1A); 1989 s.14(1) (3)—(6) 1986 s.28(2) - (5) (7) 1986 s.28(5A); 1990 s.21(1), Sch.6, para.18 (8) - (12) 1986 s.28(6) - (10) (13) 1986 s.84(1) “modifications” 135(1) 1986 s.30(1) (2), (3) 1986 s.30(2); Local Government and Housing Act 1989 (c. 42) s.81(1); The Housing Benefit (Transitional) Amendment Regulations 1988 reg.3 (S.I.1988/458) (4) 1986 s.30(2ZA); 1990 s.21(1), Sch.6, para.19(1) (5) 1986 s.30(3) (6), (7) 1986 s.30(5); Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1; Local Government and Housing Act 1989 s.81(2) (8), (9) 1986 s.30(6); Local Government and Housing Act 1989 s.81(3) (10) 1986 s.30(7); R11 (11) 1986 s.30(8); 1989 s.15(2) (12) 1986 s.30(9) (13) 1986 s.84(3) (14) 1986 s.84(1) “modifications” 136(1) 1986 s.30(2A); 1989 s.15(1); 1990 s.21(1), Sch.6, para.19(2) (2)—(4) 1986 s.30(2B), (2C); 1989 s.15(1) 137 1986 s.30(8A)—(8F); 1989 s.15(2) 138(1),(2) 1986 s.31A(1),(2); 1988(2) s.135, Sch.10, para.6; 1990 s.21(1), Sch.6, para.20 (3)—(9) 1986 s.31A(3)—(9); 1988(2) s.135, Sch.10, para.6 139(1)—(5) 1986 s.31B(1)—(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31B(6); 1988(2) s.135, Sch.10, para 6; the Community Charge Benefits (General) Regulations 1989 reg.11(1) (S.I.1989/1321) (7)—(10) 1986 s.31B(7)—(10); 1988(2) s.135, Sch.10, para.6 (11) 1986 s.84(1) “modifications”, “war disablement pension”, “war widow's pension”; the Income and Corporation Taxes Act 1988 (c. 1) s.844, Sch.29, para. 32, Table; the Community Charge Benefits (General) Regulations 1989 reg.11(2) 140(1),(2) 1986 s.31F(1),(2); 1988(2) s.135, Sch.10, para.6 (3) 1986 s.31F(3); 1990 s.21(1), Sch.6, para.21(1) (4),(5) 1986 s.31F(4),(5); 1988(2) s.135, Sch.10, para.6 (6) 1986 s.31F(5A); 1990 s.21(1), Sch.6, para.21(2) (7) 1986 s.31F(6); 1990 s.21(1), Sch.6, para.21(3) (8) 1986 s.31F(7); 1988(2) s.135, Sch.10, para.6 141(1) 1975(1) s.120(2); 1975(2) s.65(1), Sch.4, para.50(b) (2) - (6) 1975(1) s.120(3) - (7) (7) Transitional 142(1) 1975(1) ss.121(1), 165 (2) 1975(1) s.121(2) (3) 1975(1) s.121(3); 1990 s.21(1), Sch.6, para.1(2)(a) 143(1) 1975(1) s.122(1); 1985 s.29(1), Sch.5, para.9(a); 1989 s.1(3) (2) 1975(1) s.122(2) (3) 1975(1) s.122(3)(a) (4) 1975(1) s.122(6); 1980(1) s.2, Sch.1, para.13; 1989 s.1(5) 144(1) 1975(1) ss.123(2), 165 (2) 1975(1) s.123(3); 1990 s.21(1), Sch.6, para.1(2)(b) 145(1) 1975(1) s.123A(1); 1989 s.1(6) (2) 1975(1) s.123A(2); 1985 s.7(5) (3) 1975(1) s.123A(3); 1985 s.7(5); 1989 s.1(7) (4) 1975(1) s.123A(4); 1985 s.7(5) 146 1975(1) s.4(6F); 1985 s.7(2) 147(1) 1975(1) ss.4(6G), 123A(5); 1985 s.7(2), (5) (2) 1975(1) ss.4(6HH), 123A(6A), 165; 1986 s.74(1), (2) (3) 1975(1) ss.4(6J), 123A(7); 1985 s.7(2),(5) (4), (5) 1975(1) ss.4(6K), 123A(8); 1985 s.7(2),(5); 1990 s.21(1), Sch.6, para.1(1), (2)(c) 148(1) 1975(2) s.21(1); 1985 s.4, Sch.3, para.1; 1986 s.18(1) (2) 1975(2) s.21(2); 1979 s.10(2) (3), (4) 1975(2) s.21(3); 1979 s.10(3); 1980(1) s.3(3) (5) 1975(2) s.21(4) (6) 1975(2) s.21(5); 1980(1) s.3(3) (7) Transitional 149 1982(2) s.9(1E); 1991(1) s.2(1) 150(1)(a)(i) 1986 s.63(1)(a)(i) (ii) 1986 s.63(1)(a)(iv) (iii) 1986 s.63(1)(a)(iii) (b) 1986 s.63(1)(aa); 1991(2) s.4, Sch.2, para.16(a) (c) - (f) 1986 s.63(1)(b) - (e) (g) 1986 s.63(1)(ee); 1988(1) s.2(2)(a) (h) 1986 s.63(1)(i); 1991(2) s.7, Sch.3, para.5(a) (i) 1986 s.63(1)(f) (j) 1986 s.63(1)(g), (h) (2) 1986 s.63(2) (3) 1986 s.63(3); 1988(1) s.2(2)(b); 1991(2) s.4, Sch.2, para.16(b) (4) - (6) 1986 s.63(4)—(6) (7) 1986 s.63(10); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(a) (8) 1986 s.63(11); 1990 s.21(1), Sch.6, para.23 (9) 1986 s.63(12) (10) 1986 s.63(13); 1989 s.31(1), Sch.8, para.15(2); 1991(2) s.7, Sch.3, para.5(b) (11) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 151(1) 1975(2) s.23(2); 1986 ss.18(1), 86, Sch.10, para.91 (2) 1975(2) s.23(3); 1986 s.86, Sch.10, para.91 (3) - (5) 1986 s.63(7) - (9) (6) 1986 s.63(10A); Social Security Act 1986 (Consequential) Amendment Regulation 1988 (S.I.1988/961) reg.2(b) 152 1986 s.63A; 1989 s.17(1) 153 1988(1) s.5 154 1975(3) s.17(1), (2) 155(1) 1986 s.64(1); 1989 s.17(2)(a) (2) 1986 s.64(6) (3) - (6) 1986 s.64(2) - (5) (7) 1975(2) s.24(1)(a); 1986 s.86, Sch.10, para.92 156 1975(2) s.23(2A); 1989 s.31(1), Sch.8, para.11 157(1) 1975(3) s.5(6), Sch.3, paras.1, 2; 1986 s.86, Sch.10, para.97 (2) 1975(3) s.5(6), Sch.3, para.3 158 1977 s.17(4) 159 1986 s.64A; 1989 s.18 160 1986 s.64B; 1990 s.21(1), Sch.6, para.24 161(1), (2) 1975(1) s.133(1), (2) (3) 1975(1) s.133(3); Finance Act 1980 (c. 48) s.120, Sch.19, para.5(4) (4) 1975(1) s.133(4) 162(1) 1975(1) s.134(1)(a) (2) 1975(1) s.134(2); 1989 s.26, Sch.7, para.15 (3) 1975(1) s.134(2A); 1990 s.16(3) (4) 1975(1) s.134(2B); 1990 s.17(3) (5)(a) 1975(1) s.134(4)(a); 1985 s.29(1), Sch. 5, para.11; 1989 s.1(8); The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (b) 1975(1) s.134(4)(b); 1985 s.29(1), Sch.5, para.11; The Social Security (Contributions and Allocation of Contributions) (Re-rating) Order 1989 (S.I.1989/26) art.6 (c) 1975(1) s.134(4)(bb); 1991(3) s.4(a) (d) - (f) 1975(1) s.134(4)(c) - (e); 1985 s.29(1), Sch.5, para.11; The Social Security (Treasury Supplement to and Allocation of Contributions)(Re-rating) Order 1987 (S.I.1987/48) art.3 (6) 1975(1) ss.134(4), 165; 1985 s.29(1), Sch.5, para.11 (7) 1975(1) s.134(4A); 1981(1) s.3(3) (8)(a) 1975(1) s.134(4B)(a); 1981(1) s.3(3) (b) 1975(1) s.134(4B)(aa); 1991(3) s.4(b) (c), (d) 1975(1) s.134(4B)(b), (c); 1981(1) s.3(3) (9)—(11) 1975(1) s.134(5) (12) 1975(1) s.134(6); 1979 s.14(2) 163(1)(a), (b) 1975(1) s.135(1), (2); 1975(2) s.65(1), Sch.4, para.52; 1984 s.11, Sch.4, para.3; 1990 s.16(4); 1991(2) s.4, Sch.1, para.17 (c) 1986 s.85(3)(d) (d) 1982(2) ss.1(6), 9(7); 1985 s.19; 1986 ss.68, 85(3)(c) (e) 1989 s.28(4)(b) (2)(a) 1975(1) s.135(3)(a); 1975(2) s.64(1)(a); 1975(3) s.23(1)(a); 1977 s.23(1)(a); 1980(1) s.19(1); 1982(2) s.46(1)(a); 1986 s.85(1)(e), (f); 1988(1) s.15(1)(a); 1989 s.28(1)(a); 1990 s.18(1)(a); 1991(1) s.4(3) (b) 1975(1) s.135(2)(a) - (f), (3)(b); 1984 s.11, Sch.4, para.3; 1991(2) s.4, Sch.1, para.18 (c) 1975(1) ss.135(2)(h), (3)(b), 159(4); 1975 (Old Cases) ss.2(1), 5(1); 1990 s.16(4), (7), (8)(a) (d) 1986 s.85(1)(a); 1988(2) s.135, Sch.10, para.12; 1991(2) s.7, Sch.3, para.8(a) (e) 1986 s.85(1)(b) (f) 1975(3) s.1(2) (g) 1986 s.85(1)(c) (h) 1986 s.85(1)(d) (i) 1989 s.28(4)(a) (3) 1975(1) s.135(4); 1982(2) s.46(2) (4) 1977 s.1(2) (5) 1975(1) s.135(7); 1990 s.17(4) 164(1) - (3) 1986 s.85(5) - (7) (4) 1975 (Old Cases) s.4(4)(e); 1990 s.16(8)(b) (5) 1975(1) s.113(2)(b); 1983 s.25, Sch.8 para.24; 1986 s.85(8) (6) 1989 s.28(3) 165(1) 1975(1) s.133(5); 1986 s.85(9); 1991(2) s.7, Sch.3, para.8(b) (2) - (4) 1975(1) s.133(6); 1975(3) s.23(4); 1986 s.85(10) (5) 1975(1) s.135(5); 1975(2) s.64(2); 1975(3) s.23(4); 1977 s.23(2); 1980(1) s.19(3); 1980(2) s.7(1); 1986 s.85(4); 1988(1) s.15(2); 1989 s.28(2); 1990 ss.16(5), 18(2) 166(1)—(3) 1975(1) ss.137(2), 165 (4), (5) 1975(1) ss.137(3), (4), 165 167(1) 1986 s.32(1) (2)—(4) 1986 s.32(5)—(7) (5), (6) 1986 s.32(7A), (7B); 1988(1) s.11, Sch.3, para.4 168(1) - (4) 1986 s.32(8A)—(8D); 1988(1) s.11, Sch.3, para.6 (5) 1986 s.32(8E); 1990 s.10(1) 169 1986 s.85(11), (12) 170(1) - (4) 1980(1) s.9(1) - (4) (5) 1980(1) s.9(7); 1982(2) s.48(5), Sch.4, para.30; 1991(1) s.3(1)(b); R12 171(1), (2) 1975(1) s.141(1) (3) 1975(1) s.141(3) (4) 1975(1) s.141(4); 1982 s.48(5), Sch.4, para.16 172(1) 1980(1) s.10(1); 1986 s.86, Sch.10, para.98(a) (2) 1975(1) s.141(2); 1981(2) s.8, Sch.2, para.2; 1986 s.86, Sch.10, para.86 (3) 1980(1) s.10(2) (4) 1975(1) s.141(2) (5) 1980(1) s.10(9) 173(1), (2) 1986 s.61(1), (2) (3) 1986 s.61(3); 1989 s.26, Sch.7, para.27 (4) 1986 s.61(4) (5) 1986 s.61(5); 1989 s.31(1), Sch.8, para.12(3) (6) 1980(1) s.10(9) (7) 1986 s.61(10) “regulations”; 1989 s.31(1), Sch.8, para.12(4) 174(1) - (3) 1980(1) s.10(3) - (5) (4) 1980(1) s.10(9) 175 1991(2) s.3(1) - (6) 176(1) 1986 s.61(7); 1988(2) s.135, Sch.10, para.10 (2), (3) 1986 s.61(8), (9) 177(1) - (3) 1975(1) s.142(1) - (3) (4) 1975(1) s.142(4); 1975(2) s.65(2), Sch.4, para.66; 1986 s.65(1) (5) 1975(1) s.142(1) 178(1), (2) 1975(3) s.14(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (3) 1975(3) s.14(2) 179(1) 1975(1) s.143(1); 1975(3) s.15(1); 1977 s.20(1), (2); 1986 s.65(2)(a) (2) 1975(1) s.143(1A); 1975(3) s.15(1A); 1981(2) s.6(1), (2) (3) 1975(1) s.143(2); 1975(3) s.15(2) (4) 1975(1) s.143(1); 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (5) 1975(3) s.15(1); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 180 1986 s.78 181 Supplementary Benefits Act 1976 (c. 71) s.22; 1980(1) s.6(1), (3), Sch.2, Part I, para.21, Part II; Criminal Procedure (Scotland) Act 1975 (c. 21) s.298G; Criminal Justice Act 1982 (c. 48) ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 (S.I.1988/1843) Sch.3, para.2(c) 182 Supplementary Benefits Act 1976 s.23; 1980(1) s.6(3), Sch.2, Part II; Criminal Procedure (Scotland) Act 1975 s.298G; Criminal Justice Act 1982 ss.46, 54; The Transfer of Functions (Health and Social Security) Order 1988 Sch.3, para.2(c) 183 1975(1) s.154 184 1975(1) s.155 185(1) Drafting (2) 1975(1) s.159(3)(c) 186 Drafting 187(1) 1975(1) s.87(1); 1975(3) s.12(1); 1986 s.86, Sch.10, para.48(a) (2) 1975(1) s.87(2); 1975(3) s.12(2); Solicitors (Scotland)) Act 1980 (c. 46) s.66, Sch.6, para.2 (3) 1975(1) s.87(3) 188(1), (2) 1975(1) s.163 (3) 1975 (Old Cases) s.12 189(1), (2) 1975(1) s.168(1), Sch.20, “regulations”; 1975(3) s.22(1); 1977 s.24(1) “regulations”; 1982(2) s.47 “regulations”; 1986 ss.52, 84(1) “regulations”, Sch.5, para.20, 1989 s.30(1) “regulations”; 1991(2) s.3(8) (3) 1975(1) s.166(1); 1975(3) s.22(2); 1977 s.24(3); 1980(1) s.14(8); 1982(2) s.45(2); 1986 s.83(1); 1989 s.29(1); 1990 s.21(1), Sch.6, para.8(7); 1991(2) s.3(8) (4) 1975(1) s.166(2); 1975(3) s.22(6); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 s.29(1) (5) 1975(1) ss.113(2)(c), 166(3); 1975(3) s.22(7); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(1); 1989 ss.29(1), 31(1), Sch.8, para.10(1); 1991(2) s.3(7); R6 (6) 1975(1) s.166(3A); 1975(3) s.22(7A); 1977 s.24(3); 1986 ss.62(1), (2), 83(1); 1989 s.29(1) (7) 1986 s.83(2); 1988(2) s.135, Sch.10, para.11(2) (8) 1975(1) s.133(6); 1986 s.83(5); 1988(2) s.135, Sch.10, para.11(4); 1989 ss.17(2)(c), s.9(5) (9) 1975(1) s.166(5); 1977 s.24(3); 1982(2) s.45(1); 1986 s.83(6); 1989 s.29(6); 1991 s.12(3) (10) 1975(1) s.166(5A); 1986 s.52(1), Sch.5, para.17 (11) 1975(1) s.166(7); 1975(3) ss.14(3), 15(3); 1986 s.65(4); 1991(2) s.7, Sch.3, para.6 (12) 1975(1) s.168(4) 190(1) 1975(1) s.167(1)(b); 1975(3) s.22(3); 1981(1) s.4(5)(b), 1986 ss.62(3), 83(3)(d); 1989 ss.17(2)(b), 29(2)(h) (2) 1975(3) s.22(4); 1990 s.21(1), Sch.6, para.8(3) (3) 1975(1) s.167(3); 1975(3) s.22(5); 1977 s.24(5); 1982(2) s.45(2); 1986 s.83(4); 1989 s.29(3); 1990 s.21(1), Sch.6, para.8(1), (3), (4), (7), (9), (12); 1991(2) s.12(2) (4) 1975(1) s.167(4); 1980(1) s.14(8); 1990 s.21(1), Sch.6, para.8(1); R13 191 “the 1975 Act”; “the 1986 Act”; “benefit” Drafting “chargeable financial year”; “charging authority” 1986 s.20(11), “chargeable financial year”; “charging authority”; 1988(2) s.135, Sch.10, para.2(5) “Christmas bonus” Drafting “claim” 1975(1) s.168(1), Sch.20, “claim” “claimant” 1975(1) s.168(1), Sch.20, “claimant” “Commissioner”; “compensation payment”; “compensator”; “the Consequential Provisions Act”; “contribution card”; “the Contributions and Benefits Act”; “disablement benefit”; “the disablement questions” Drafting “dwelling” 1986 s.84(1) “dwelling” “5 year general qualification” Drafting “housing authority” 1986 s.84(1) “housing authority”; Housing (Scotland) Act 1988 (c. 43) ss. 1, 3, Sch.2, para.1 “housing benefit scheme” 1986 s.84(1) “housing benefit scheme” “income-related benefit” Drafting “industrial injuries benefit” 1975(1) s.168(1), Sch.20, “industrial injuries benefit” “invalidity benefit” Drafting “levying authority” 1986 s.20(11) “levying authority”; 1988(2) s.135, Sch.10, para.2(5) “local authority” 1986 s.84(1) “local authority” “medical examination” 1975(1) s.168(1), Sch.20, “medical examination” “medical practitioner” 1975(1) s.168(1), Sch.20, “medical practitioner” “medical treatment” 1975(1) s.168(1), Sch.20, “medical treatment” “new town corporation” 1986 s.84(1) “new town corporation” “the Northern Ireland Department” 1975(1) s.168(1), Sch.20, “the Northern Ireland Department” “the Northern Ireland Administration Act”; “occupational pension scheme”; “the Old Cases Act”; “Old Cases payments”; “the Pensions Act”; “personal pension scheme” Drafting “prescribe” 1975 s.168(1), Sch.20, “prescribe” “President” 1975(1) s.168(1), Sch.20 “President”; 1991(2) s.4, Sch.1, para.20 “rate rebate”; “rent rebate”; “rent allowance” Drafting “rates” 1986 s.84(1) “rates”; Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47) s.26(2)(a) “rating authority” 1986 s.84(1) “rating authority” “tax year” 1975(1) s.168(1), Sch.20, “tax year” “10 year general qualification” Drafting “widow's benefit” Drafting 192 Short title, commencement and extent Sch. 1 para.1 1975(1) s.165A; 1985 ss.17, 32(3) para.2 1975(1) s.165A; 1985 s.17; 1986 s.86, Sch.10, para.88; Social Security Act 1986 (Commencement No.1) Order 1986 (S.I.1986/1609) para.3 1975(1) s.165A; 1986 s.86, Sch.10, para.87; Social Security Act 1986 (No.4) Commencement Order 1986 (S.I.1986/1959) para.4 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 ss.31(1), 33(2), (3), Sch.8, para.9(1) para.5 1975(1) s.165A; 1986 s.86, Sch.10, para.87; 1989 s.31(1), Sch.8, para.9(1); 1990 ss.6(1), 23(2), (3) Sch. 2 para.1(1) 1975(1) s.97(4), Sch.10, para.1A(4); 1983 s.25, Sch.8, para.8 (2) - (4) 1975(1) s.97(4), Sch.10, para.1A(5) - (7); 1980(1) s.13(1) - (3); 1983 s.25, Sch.8, para.8 (5) 1975(1) s.97(4), Sch.10, para.1A(9); 1980(1) s.13(6); 1983 s.25, Sch.8, para.8 (6) 1980(1) s.13(5)(a); Judicial Pensions Act 1981 (c. 20) s.36, Sch.3, para.10 (7) 1980(1) s.13(1) para.2 1975(1) s.97(4), Sch.10, para.1A(10); 1983 s.25, Sch.8, para.8 para. 3 1975(1) ss.97(4), 100D(7), 108(3), Sch. 10, para.1A(11), Sch.10A, para.11, Sch.12, paras.5A, 7; 1983 s.25, Sch.8, paras.8, 10; 1991(2) s.4, Sch.1, paras.5, 16 para.4(1), (2) 1975(1) ss.97(4), 100D(7), Sch.10, paras.1B, 1C, Sch.10A, para.11; 1983 s.25, Sch.8, para.8; 1991(2) s.4, Sch.1, paras.5, 16 para.5 1975(1) ss.97(4), 100D(7), 108(3), Sch.10, para.1D, Sch.10A, para.11, Sch.12, para.9; 1983 s.25, Sch.8, paras.8, 11; 1991(2) ss.4, Sch.1, paras.5, 16 para.6 1975(1) s.97(4), Sch.10, para.4; 1980(1) s.12; The Transfer of Functions (Social Security Commissioners) Order 1984 (S.I.1984/1818) art.3 para.7 1975(1) ss.97(4), 100D(7), 108(3), 113(3), Sch.10, para.3, Sch.10A, para.11, Sch.12, paras.4, 5, 6, 7; 1983 s.25, Sch.8, para.27(b); 1991(2) s.4, Sch.1, paras.5, 16 para.8 1980(1) s.17; 1991(2) s.4, Sch.2, para.10 Sch. 3 para.1 1975(1) s.115(2) “competent tribunal”; 1983 s.25, Sch.8, paras.5, 25; 1991(2) s.4, Sch.1, para.10 para.2 1975(1) s.115, Sch.13, para.1; 1989 s.21, Sch.3, para.4 para.3 1975(1) s.115, Sch.13, para.1A; 1986 s.52(1), Sch.5, para.19(a) paras.4 - 9 1975(1) s.115, Sch.13, paras.2 - 7 para.10 1975(1) s.115, Sch.13, para.7A; 1989 s.21, Sch.3, para.10; 1991(2) s.4, Sch.1, para.17 para.11 1975(1) s.115, Sch.13, para.10; 1986 s.52(1), Sch.5, para.19(b) para.12 1975(1) s.115, Sch.13, para.11 Sch. 4 Part I 1989 s.19, Sch.2, Part I; 1990 s.21(1), Sch.6, para.28(4), (5); 1991(2) s.4, Sch.2, para.19 Part II 1989 s.19, Sch.2, Part II; 1990 s.21(1), Sch.6, para.28(6) Sch. 5 para.1 1980(1) s.9(2), Sch.3, para.1; 1982(2) s.48(5), Sch.4, para.32(2) para.2 1980(1) s.9(2), Sch.3, para.2; 1982(2) s.48(5), Sch.4, para.32(3) paras.3 - 10 1980(1) s.9(2), Sch.3, paras.3 - 10 Sch. 6 1975(1) s.141, Sch.16, Part 1 Sch. 7 Part I para.1 1980(1) s.10(2), Sch.3, para.12(4); 1991(2) s.4, Sch.2, para.11 para.2 1980(1) s.10(2), Sch.3, para.12(1) para.3 1980(1) s.10(2), Sch.3, para.12(2); 1986 s.86, Sch.10, para.99 para.4 1980(1) s.10(2), Sch.3, para.13(1) para.5 1980(1) s.10(2), Sch.3, para.13(1A); 1986 s.86, Sch.10, para.106 paras.6, 7 1980(1) s.10(2), Sch.3, para.14 para.8 1980(1) s.10(2), Sch.3, paras.15A, 15AA; 1982(2) s.48(5), Sch.4, para.33(3); 1986 s.86, Sch.10, para.107; 1989 s.31(1), Sch.8, para.12(6) paras.9, 10 1980(1) s.10(2), Sch.3, paras.19, 20 Part II R14 para.11 1975(1) s.141, Sch.16, para.5 para.12 1975(1) s.141, Sch.16, para.8; 1986 s.86, Sch.10, para.90 paras.13 - 15 1975(1) s.141, Sch.16, paras.9 - 11 para.16 1980(1) s.11(2)(a) para.17 1975(1), s.141, Sch.16, para.12 Sch. 8 1975(1) s.142(2); Sch.17 Sch. 9 para.1(1) 1975 (Old Cases) s.4(1) (2) 1975 (Old Cases) s.4(2); 1989 s.31(1), Sch.8, para.10(1) (3) 1975 (Old Cases) s.4(3) (4) 1975 (Old Cases) s.4(4); 1977 s.11(1)(a); 1990 s.16(8)(b) (5) - (7) 1975 (Old Cases) s.4(5) - (7) paras.2, 3 1975 (Old Cases) ss.8, 9 para.4 1986 s.53(11) Sch. 10 para.1 Drafting para.2 1986 s.73, Sch.7, para.3 para.3(1) 1986 s.73, Sch.7, para.4(1); 1991(2) s.4, Sch.2, para.15(b) (2) 1986 s.73, Sch.7, para.4(2) para.4(1) 1986 s.73, Sch.7, para.5(1) (2) 1986 s.73, Sch.7, para.2 (3) 1986 s.73, Sch.7, para.5(2) para.5 1986 s.73, Sch.7, para.7 para.6 1986 s.73, Sch.7, para.6
Note:
statutory maternity pay.
For the purposes of this section—
any reference in this section to entitlement to benefit includes a reference to entitlement—
to any increase in the rate of a benefit; or
to a benefit, or increase of benefit, at a particular rate; and
any reference to a decision which is “referable to” a claim is a reference to— and so on.
a decision on the claim,
a decision on a review of the decision on the claim, or
a decision on a subsequent review of the decision on the review,
The date of the relevant determination shall, in prescribed cases, be determined for the purposes of this section in accordance with any regulations made for that purpose.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subsection (2) below applies in any case where—
on the determination, whenever made, of a Commissioner or the court (the “relevant determination”), a decision made by an adjudicating authority is or was found to have been erroneous in point of law; and
in consequence of that determination, any other decision— falls (or would, apart from subsection (2) below, fall) to be revised on a review carried out under section 25(2) above on or after 13th July 1990 (the date of the passing of the Social Security Act 1990, which added to the 1975 Act sections 104(7) to (10), corresponding to this section) or on a review under section 30 above on the ground that the decision under review was erroneous in point of law.
which was made before the date of that determination; and
which is referable to a claim made or treated as made by any person for any benefit,
Where this subsection applies, any question arising on the review referred to in subsection (1)(b) above, or on any subsequent review of a decision which is referable to the same claim, as to any person’s entitlement to, or right to payment of, any benefit— shall be determined as if the decision referred to in subsection (1)(a) above had been found by the Commissioner or court in question not to have been erroneous in point of law.
in respect of any period before the date of the relevant determination; or
in the case of widow’s payment, in respect of a death occurring before that date,
In determining whether a person is entitled to benefit in a case where his entitlement depends on his having been entitled to the same or some other benefit before attaining a particular age, subsection (2) above shall be disregarded for the purpose only of determining the question whether he was so entitled before attaining that age.
For the purposes of this section—
“adjudicating authority” and “the court” have the same meaning as they have in section 68 above;
any reference to— shall be construed in accordance with subsection (5) of that section; and
a person’s entitlement to benefit; or
a decision which is referable to a claim,
the date of the relevant determination shall, in prescribed cases, be determined in accordance with any regulations made under subsection (6) of that section.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regulations may make provision with respect to—
the correction of accidental errors in any decision or record of a decision given with respect to a claim or question arising under or in connection with any relevant enactment by a body or person authorised to decide the claim or question; and
the setting aside of any such decision in a case where it appears just to set the decision aside on the ground that—
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or a party’s representative or was not received at an appropriate time by the body or person who gave the decision; or
a party to the proceedings or a party’s representative was not present at a hearing related to the proceedings.
Nothing in subsection (1) above shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from regulations made by virtue of that subsection.
In this section “relevant enactment” means any enactment contained in—
the National Insurance Acts 1965 to 1974;
the National Insurance (Industrial Injuries) Acts 1965 to 1974;
the Industrial Injuries and Diseases (Old Cases) Acts 1967 to 1974;
the Social Security Act 1973;
the Social Security Acts 1975 to 1991;
the Old Cases Act;
the Child Benefit Act 1975;
the Family Income Supplements Act 1970;
the Supplementary Benefits Act 1976; or
the Contributions and Benefits Act.
Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure— the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.
a payment has been made in respect of a benefit to which this section applies; or
any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,
Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall in the case of the Secretary of State or the First-tier Tribunal, and may in the case of the Upper Tribunal or a court—
determine whether any, and if so what, amount is recoverable under that subsection by the Secretary of State, and
specify the period during which that amount was paid to the person concerned.
An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.
In relation to cases where payments of benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Secretary of State is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.
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the determination in pursuance of which it was paid has been reversed or varied on an appeal or revised on a review; and
it has been determined on the appeal or review that the amount is so recoverable.
Regulations may provide—
that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;
for treating any amount paid to any person under an award which it is subsequently determined was not payable— and for reducing or withholding any arrears payable by virtue of the subsequent determination;
as properly paid; or
as paid on account of a payment which it is determined should be or should have been made,
for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—
the other person is himself entitled to a payment for that period; or
a third person is entitled in priority to the payee to a payment for that period in respect of the other person, and for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.
Except where regulations otherwise provide, an amount shall not be recoverable under subsection (1) or under regulations under subsection (4) unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or has been revised under section 9 or superseded under section 10 of the Social Security Act 1998.
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Where any amount paid ... is recoverable under— it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.
subsection (1) above;
regulations under subsection (4) ... above; or
section 74 below,
Where any amount paid in respect of a couple is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.
Any amount recoverable under the provisions mentioned in subsection (8) above—
if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and
if he resides in Scotland, shall be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
This section applies to the following benefits—
benefits as defined in section 122 of the Contributions and Benefits Act;
state pension or a lump sum under Part 1 of the Pensions Act 2014;
... , income support;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
subject to section 71A below, a jobseeker’s allowance;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
state pension credit;
any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act; and
an employment and support allowance;
child benefit.
personal independence payment;
bereavement support payment under section 30 of the Pensions Act 2014;
health in pregnancy grant; and
Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) above to be recovered by deductions from earnings.
In subsection (9A) above “earnings” has such meaning as may be prescribed.
Regulations under subsection (9A) above may include provision—
requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State;
requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;
as to the matters to be contained in such a notice and the period for which a notice is to have effect;
as to how payment is to be made to the Secretary of State;
as to a level of earnings below which earnings must not be reduced;
allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
requiring the employer to keep records of deductions;
requiring the employer to notify the Secretary of State if the beneficiary is not, or ceases to be, employed by the employer;
creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
with respect to the priority as between a requirement to deduct from earnings under this section and—
any other such requirement;
an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;
any diligence against earnings.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this section, “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.
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Where— an adjudication officer may determine that the Secretary of State shall be entitled to recover the amount of the payment.
a direction under section 125(1) of the Contributions and Benefits Act is revoked; and
it is determined by an adjudication officer that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure a payment of income support has been made during the relevant period to the person to whom the direction related,
In subsection (1) above “the relevant period” means—
if the revocation is under subsection (3) of section 125 of the Contributions and Benefits Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and
if the revocation is under subsection (4) of that section, the period during which the direction was in force.
Where a direction under section 125(1) of the Contributions and Benefits Act is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.
If he certifies that there has been such misrepresentation or failure to disclose, he may also certify—
who made the misrepresentation or failed to make the disclosure; and
whether or not a payment of income support has been made in consequence of the misrepresentation or failure.
If he certifies that a payment has been made, he may certify the period during which income support would not have been paid but for the misrepresentation or failure to disclose.
A certificate under this section shall be conclusive for the purposes of this section as to any matter certified.
Section 71(3) and (6) to (11) above apply to income support recoverable under subsection (1) above as they apply to income support recoverable under section 71(1) above.
The other provisions of section 71 above do not apply to income support recoverable under subsection (1) above.
Subject to subsection (2) below, section 71 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.
Section 71 above as it so applies shall have effect as if—
in ... subsection (5A), for the words “reversed or varied on an appeal or has been revised under section 9 or superseded under section 10” there were substituted the words “revised on a review under section 38”;
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subsections (7), (10A) and (10B) were omitted.
Subsection (9A) of section 71 above as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.
This section applies to social fund payments such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.
Regulations may provide for adjusting state pension under Part 1 of the Pensions Act 2014 or benefit as defined in section 122 of the Contributions and Benefits Act , or a contribution-based jobseeker's allowance, or a contributory employment and support allowance which is payable to or in respect of any person, or the conditions for receipt of that benefit, where—
there is payable in his case any such pension or allowance as is described in subsection (2) below; or
the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.
Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—
the person referred to in subsection (1);
that person's wife, husband or civil partner;
any ... dependant of that person; or
the wife, husband or civil partner of any adult dependant of that person.
Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.
Regulations may provide for adjusting payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.
state pension under Part 1 of the Pensions Act 2014;
benefit as defined in section 122 of the Contributions and Benefits Act; ...
a contribution-based jobseeker's allowance, or
a contributory employment and support allowance,
Subsection (4) above applies to any benefit payable under the legislation of any member State which is payable to or in respect of—
the person referred to in that subsection;
that person's wife, husband or civil partner;
any ... dependant of that person; or
the wife, husband or civil partner of any adult dependant of that person.
Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.
Where— the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.
a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and
it is determined that an amount which has been paid by way of income support , an income-based jobseeker’s allowance , state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,
Where— then— in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment.
Where— the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support , an income-based jobseeker's allowance or an income-related employment and support allowance exceed what it is determined that they would have been had A, at the time the amount of income support , an income-based jobseeker's allowance or an income-related employment and support allowance was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.
a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and
either—
B has received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; or
B was, during that period, a member of the same family as some person other than A who received income support , an income-based jobseeker's allowance or an income-related employment and support allowance for that period; and
the amount of the income support , an income-based jobseeker's allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,
Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Secretary of State may recover it otherwise than by way of abatement—
in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and
in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.
Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.
This section applies where—
a person (“the claimant”) is entitled to a benefit to which this section applies;
the Secretary of State is collecting periodical payments of child or spouse maintenance made in respect of the claimant or a member of the claimant's family; and
the inclusion of any such periodical payment in the claimant's relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.
The Secretary of State may, to such extent as he considers appropriate, treat any such periodical payments as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.
The Secretary of State may, to the extent that any periodical payment collected by him is treated as not being relevant income for those purposes retain the whole or any part of that payment.
Any sum retained by the Secretary of State under subsection (3) shall be paid by him into the Consolidated Fund.
In this section—
the avoidance or reduction of a liability for that contribution, or
For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—
persons are to be treated as being or not being members of the same household;
one person is to be treated as responsible or not responsible for another.
The benefits to which this section applies are universal credit, income support, an income-based jobseeker's allowance, an income-related employment and support allowance and such other benefits (if any) as may be prescribed.
The Secretary of State may recover any amount of the following paid in excess of entitlement—
universal credit,
jobseeker's allowance,
employment and support allowance, and
except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act 2002).
An amount recoverable under this section is recoverable from—
the person to whom it was paid, or
such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been— except where regulations otherwise provide.
reversed or varied on an appeal, or
revised or superseded under section 9 or section 10 of the Social Security Act 1998,
Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.
In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.
An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—
by deduction from benefit (section 71ZC);
by deduction from earnings (section 71ZD);
through the courts etc (section 71ZE);
by adjustment of benefit (section 71ZF).
An amount recoverable from a person under section 71ZB may be recovered by deducting the amount from payments of prescribed benefit.
Where an amount recoverable from a person under section 71ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—
from prescribed benefits to which the person is entitled,
from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by the person on whose behalf the recoverable amount was paid, or
from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by any other person.
Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.
Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.
Regulations may provide for amounts recoverable under section 71ZB to be recovered by deductions from earnings.
In this section “earnings” has such meaning as may be prescribed.
Regulations under subsection (1) may include provision—
requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State;
requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;
as to the matters to be contained in such a notice and the period for which a notice is to have effect;
as to how payment is to be made to the Secretary of State;
as to a level of earnings below which earnings must not be reduced;
allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
requiring the employer to keep records of deductions;
requiring the employer to notify the Secretary of State if the beneficiary is not, or ceases to be, employed by the employer;
creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
with respect to the priority as between a requirement to deduct from earnings under this section and—
any other such requirement;
an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;
any diligence against earnings.
Where an amount is recoverable under section 71ZB from a person residing in England and Wales, the amount is, if the county court so orders, recoverable—
under section 85 of the County Courts Act 1984, or
otherwise as if it were payable under an order of the court.
Where an amount is recoverable under section 71ZB from a person residing in Scotland, the amount recoverable may be enforced as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Any costs of the Secretary of State in recovering an amount of benefit under this section may be recovered by him as if they were amounts recoverable under section 71ZB.
In any period after the coming into force of this section and before the coming into force of section 62 of the Tribunals, Courts and Enforcement Act 2007, subsection (1)(a) has effect as if it read “by execution issued from the county court”.
Regulations may for the purpose of the recovery of amounts recoverable under section 71ZB make provision—
for treating any amount paid to a person under an award which it is subsequently determined was not payable— and for reducing or withholding arrears payable by virtue of the subsequent determination;
as properly paid, or
as paid on account of a payment which it is determined should be or should have been made,
for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination— and by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.
the other person is entitled to a payment for that period, or
a third person is entitled in priority to the payee to a payment for that period in respect of the other person,
The Secretary of State may recover any amount paid under section 5(1)(r) (payments on account).
An amount recoverable under this section is recoverable from—
the person to whom it was paid, or
such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.
Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.
The Secretary of State may recover any amount paid by way of—
a payment under section 28 of the Welfare Reform Act 2012 (universal credit hardship payments) which is recoverable under that section,
a payment under section 19C of the Jobseekers Act 1995 (jobseeker's allowance hardship payments) which is recoverable under that section,
a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Act (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,
a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc) which is recoverable under that paragraph, or
a payment which is recoverable under section 6B(5A)(d) or (7)(d), 7(2A)(d) or (4)(d), 8(3)(aa), (4)(d) or 9(2A)(d) or (4)(d) of the Social Security Fraud Act 2001.
An amount recoverable under this section is recoverable from—
the person to whom it was paid, or
such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.
Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.
Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.
Sections 71ZC to 71ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.
Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have been paid in excess of entitlement may be recovered ... either by the Secretary of State or by the authority which paid the benefit.
Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.
An amount recoverable under this section shall be recoverable—
except in such circumstances as may be prescribed, from the person to whom it was paid; and
where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.
Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.
Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—
from prescribed benefits to which he is entitled;
from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or
from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.
Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.
Where any amount recovered under this section is to be recovered otherwise than by deduction from prescribed benefits—
if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and
if he resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.
In subsection (8) above “earnings“ has such meaning as may be prescribed.
Regulations under subsection (8) above may include provision—
requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State or the authority which paid the benefit;
requiring the employer, on being served with a notice by the Secretary of State or the authority which paid the benefit, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State or that authority;
as to the matters to be contained in such a notice and the period for which a notice is to have effect;
as to how payment is to be made to the Secretary of State or the authority which paid the benefit;
as to a level of earnings below which earnings must not be reduced;
allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;
requiring the employer to keep records of deductions;
requiring the employer to notify the Secretary of State or the authority which paid the benefit if the beneficiary is not, or ceases to be, employed by the employer;
creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;
with respect to the priority as between a requirement to deduct from earnings under this section and—
any other such requirement;
an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;
any diligence against earnings.
For the purposes of this section and sections 71ZJ and 71ZK, an overpayment of a non-benefit payment occurs where— and the “overpayment” is that payment or amount.
a person (“P”) misrepresents, or fails to disclose, a material fact, and
in consequence of the misrepresentation or failure, P or another person receives a non-benefit payment, or an amount of a non-benefit payment, (whether directly or indirectly) that they would not otherwise have received,
The overpayment is recoverable from P as if it were an amount recoverable under section 71(1) if, in relation to the misrepresentation or failure to disclose, P—
is convicted of an offence (under this Act or any other enactment), or
agrees to pay a penalty under section 115A.
But subsection (2) is subject to section 71ZJ.
The right to recover an overpayment under this section does not affect any other right that the Secretary of State may have to recover the overpayment (or any other amount in relation to the non-benefit payment).
In this section and sections 71ZJ and 71ZK, “non-benefit payment” has the meaning given by section 121DA(5).
Before exercising powers under this Act to recover an overpayment of a non-benefit payment from a person (“P”)—
the Secretary of State must give a notice (an “overpayment notice”) to P, and
the condition in subsection (5) must be met (opportunity for P to challenge the notice).
The Secretary of State may give P an overpayment notice only if— in relation to the overpayment.
P has been convicted of an offence (under this Act or any other enactment), or
it appears to the Secretary of State that there are grounds to institute proceedings against P for an offence (under this Act or any other enactment),
An overpayment notice must—
state the amount that the Secretary of State regards as an overpayment,
provide the Secretary of State’s reasons for regarding that amount as an overpayment,
set out the effect of the giving of the overpayment notice, and
set out P’s right to seek a review of the notice and the right to appeal the outcome of that review (see section 71ZK).
In subsection (3)(c), the reference to the effect of the giving of the overpayment notice is a reference to the Secretary of State’s powers to—
invite P to agree to a penalty under section 115A in relation to the overpayment;
recover the overpayment (if P agrees to pay such a penalty, or is convicted of an offence, in relation to the overpayment).
The condition in this subsection is met where—
the time for P to seek a review of the overpayment notice has passed without P seeking a review, or
if P sought a review of the notice within the time allowed, the review has taken place and—
the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or
P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.
A person (“P”) given an overpayment notice under section 71ZJ may apply to the Secretary of State for a review of the notice on the following grounds—
that there has been no overpayment of a non-benefit payment, or
that the amount stated in the notice is not correct.
An application under subsection (1) must be made before the end of the period of 1 month beginning with the day after the day on which P was given the notice.
On a review, the Secretary of State may—
uphold the notice,
amend the notice, or
revoke the notice.
The Secretary of State must notify P of the outcome of the review.
Where an overpayment notice is upheld or varied on a review, P may appeal to the First-tier Tribunal against the notice on the following grounds—
that there has been no overpayment, or
that the amount stated in the notice is not correct.
An appeal under subsection (5) may not be brought after the end of—
the period of 1 month beginning with the day after the day on which P is notified of the outcome of the review, or
such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
The First-tier Tribunal may—
uphold the notice,
vary the notice, or
revoke the notice.
Regulations may make provision as to any case where a billing authority or a local authority in Scotland has allowed council tax benefit to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.
... the regulations may provide that—
a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);
any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods ar is prescribed as regards the case concerned.
The methods are—
payment by the person concerned;
addition to any amount payable in respect of council tax;
deduction from prescribed benefits.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);
any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (5) below as is prescribed as regards the case concerned, or by such combination of the methods as is prescribed as regards the case concerned;
there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
payment by the person concerned;
deduction from prescribed benefits.
In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the Local Government Finance Act 1988;
in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987.
The regulations may provide that they are not to apply as regards any case falling within a prescribed category.
Regulations may make provision as to any case where a billing authority or a local authority in Scotland has allowed council tax benefit to a person and the amount allowed is less than the amount to which he is entitled in respect of the benefit.
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a sum equal to the difference shall be due from the authority to the person concerned;
any liability under any provision included under paragraph (a) above shall be met by payment and not by such reductions as are mentioned in section 138(4) below (whatever the form the benefit actually allowed takes);
there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.
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in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the Local Government Finance Act 1988;
in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987.
Where— the Secretary of State may determine that he is entitled to recover the amount of the payment.
a severe hardship direction is revoked; and
it is determined by the Secretary of State that—
whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and
in consequence of the failure or misrepresentation, payment of a jobseeker's allowance has been made during the relevant period to the person to whom the direction related,
In this section—
Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.
If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—
who made the misrepresentation or failed to make the disclosure; and
whether or not a payment of jobseeker's allowance has been made in consequence of the misrepresentation or failure.
If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker's allowance would not have been paid but for the misrepresentation or failure to disclose.
A certificate under this section shall be conclusive as to any matter certified.
Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker's allowance recoverable under subsection (1) above as they apply to a jobseeker's allowance recoverable under section 71(1) above.
The other provisions of section 71 above do not apply to a jobseeker's allowance recoverable under subsection (1) above.
A social fund award which is repayable shall be recoverable by the Secretary of State.
Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.
The Secretary of State may recover an award—
from the person to or for the benefit of whom it was made;
where that person is a member of a couple, from the other member of the couple;
from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.
Payments out of the social fund to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 71 above) by no other means.
Where— a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Insolvency Act 1986.
a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and
that person is subject to a bankruptcy order,
In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.
Where— a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 2016.
a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and
the estate of that person is sequestrated,
For the purposes of this section—
a man shall be liable to maintain his wife or civil partner and any children of whom he is the father;
a woman shall be liable to maintain her husband or civil partner and any children of whom she is the mother;
a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after 23rd May 1980 (the date of the passing of the Social Security Act 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and
“child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving universal credit, income support or an income-based jobseeker's allowance.
Regulations may provide for amounts recoverable under subsection (1) above from a person specified in subsection (3) above to be recovered by deductions from earnings.
Any reference in subsection (6) above to children of whom the man or the woman is the father or the mother shall be construed in accordance with section 1 of the Family Law Reform Act 1987.
In subsection (3C) above “earnings” has such meaning as may be prescribed.
Subsection (7) above does not apply in Scotland, and in the application of subsection (6) above to Scotland any reference to children of whom the man or the woman is the father or the mother shall be construed as a reference to any such children whether or not their parents have ever been married to one another.
Regulations under subsection (3C) above may include provision referred to in section 71(9C) above.
A document bearing a certificate which—
is signed by a person authorised in that behalf by the Secretary of State; and
states that the document apart from the certificate is, or is a copy of such an undertaking as is mentioned in subsection (6)(c) above, shall be conclusive of the undertaking in question for the purposes of this section; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.
Without prejudice to any other method of recovery—
amounts recoverable under any enactment or instrument having effect in Northern Ireland and corresponding to an enactment or instrument mentioned in section 71(8) above shall be recoverable by deduction from benefits prescribed under that subsection;
amounts recoverable under any enactment having effect in Northern Ireland and corresponding to section 75 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and
awards recoverable under Part III of the Northern Ireland Administration Act shall be recoverable by deduction from benefits prescribed under section 71(8).
Regulations may provide for adjusting child benefit payable in respect of any child or qualifying young person in respect of whom any benefit is payable under the legislation of any member State.
This section applies in relation to—
section 80B (restrictions on use of further methods),
section 80C (and Schedule 3ZA) (recovery from a person’s bank accounts etc), and
section 80D (and Schedule 3ZB) (disqualification from driving).
References to a recoverable amount are to— other than an amount or a penalty relating to a devolved benefit.
an amount which is recoverable by virtue of any provision of sections 71 to 78, and
a penalty which is payable by virtue of any provision of sections 115A to 115D,
For the purposes of this Part, a benefit is a devolved benefit if functions under this Part are exercisable in relation to the benefit by the Scottish Ministers by virtue of section 53 of the Scotland Act 1998, read with section 32 of the Scotland Act 2016.
References to a “liable person” are to a person liable to pay a recoverable amount.
Nothing in Schedule 3ZA or Schedule 3ZB affects any other method of recovery or enforcement that is available in relation to a recoverable amount.
The Secretary of State may not exercise a power under Schedule 3ZA or Schedule 3ZB for the purpose of recovering an amount from a liable person unless the Secretary of State has—
given the liable person a reasonable opportunity to settle their liability in respect of the amount,
notified the liable person that the Secretary of State may exercise the power for the purpose of recovering the amount if the liable person does not settle their liability in respect of the amount, and
given the liable person a summary of how the power would be exercised.
The Secretary of State may not— in respect of a liable person if subsection (3) or (4) applies.
make a direct deduction order under Schedule 3ZA,
re-start a requirement to make deductions and payments that has been suspended under paragraph 16 of Schedule 3ZA, or
apply for a suspended or immediate DWP disqualification order under Schedule 3ZB,
This subsection applies if it is reasonably possible to recover the amount from the liable person by way of deductions from earnings.
This subsection applies if the liable person is entitled to and in receipt of a relevant benefit.
The Secretary of State may not exercise the powers under Schedule 3ZB for the purpose of recovering an amount from a liable person unless satisfied that it is not reasonably possible to recover the amount by way of a direct deduction order under Schedule 3ZA.
Subsections (7) and (8) apply where a liable person becomes entitled to and in receipt of a relevant benefit at a time when— has effect in relation to the liable person.
a direct deduction order under Schedule 3ZA, or
an immediate DWP disqualification order under Schedule 3ZB,
In a case within subsection (6)(a), the Secretary of State must revoke or suspend the direct deduction order.
In a case within subsection (6)(b)—
the Secretary of State must notify the court that made the immediate DWP disqualification order that the person to whom the order relates has become entitled to and in receipt of a relevant benefit, and
a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.
In this section—
Schedule 3ZA (recovery from bank accounts) makes provision for a recoverable amount to be recoverable directly from a person’s bank account.
Schedule 3ZB makes provision for a liable person to be disqualified from driving while some or all of a recoverable amount remains unrecovered.
The Secretary of State must issue a code of practice about the exercise of the Secretary of State’s functions under Schedule 3ZA and Schedule 3ZB.
The code of practice must include provision about—
the giving of notices to banks requiring the provision of information under Schedule 3ZA;
the processing (within the meaning of section 3(4) of the Data Protection Act 2018) of information received in response;
the circumstances in which penalties may be issued to banks;
the circumstances in which the Secretary of State expects to exercise functions under Schedule 3ZB.
Before issuing the code of practice for the first time, the Secretary of State must carry out a public consultation on a draft of the code.
The requirement in subsection (3) may be satisfied by public consultation carried out before this section comes into force.
The Secretary of State may from time to time revise and re-issue the code of practice.
The Secretary of State must lay the code of practice, or any reissued code of practice, before Parliament.
An officer of the Secretary of State who is authorised by the Secretary of State for the purposes of this section has a right of audience and the right to conduct litigation in relation to proceedings for or in connection with the recovery of overpayments under a provision of this Part before—
a magistrates’ court,
the county court, and
the Crown Court.
In this section, “right of audience” and “right to conduct litigation” have the same meanings as in section 119 of the Courts and Legal Services Act 1990.
Subsection (2) applies in relation to any provision for the disclosure or obtaining of information made by or under this Part.
The provision does not require or authorise any disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 to the Investigatory Powers Act 2016.
The disclosure of information in accordance with the provision (as read subject to subsection (2)) does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
In this Part, references to giving a notice or other document (however expressed) include sending the notice or document by post.
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In this Part of this Act—
if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.
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.
imposing, as a condition falling to be satisfied by a person who—
makes a claim for a benefit to which this section applies, and
has not attained pensionable age at the time of making the claim (but see subsection (1A)),
prescribed circumstances exist,
the provisions of Part 1 of the Welfare Reform Act 2007;
council tax benefit;
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
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.
The Table does not show the effect of transfer of functions orders.
“payment” means payment in money or money’s worth, and cognate expressions shall be construed accordingly;
as it applies to Scotland—
If statutory sick pay is prescribed as a relevant benefit, the amount of that benefit for the purposes of this Part of this Act shall be a reduced amount determined in accordance with regulations by reference to the percentage from time to time specified in section 158(1)(a) of the Contributions and Benefits Act (percentage of statutory sick pay recoverable by employers by deduction from contributions).
For the purposes of this Part of this Act the following are the “exempt payments”—
any small payment, as defined in section 85 below;
any payment made to or for the victim under section 35 of the Powers of Criminal Courts Act 1973 or section 58 of the Criminal Justice (Scotland) Act 1980;
any payment to the extent that it is made—
in consequence of an action under the Fatal Accidents Act 1976; or
in circumstances where, had an action been brought, it would have been brought under that Act;
any payment to the extent that it is made in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976;
without prejudice to section 6(4) of the Vaccine Damage Payments Act 1979 (which provides for the deduction of any such payment in the assessment of any award of damages), any payment made under that Act to or in respect of the victim;
any award of compensation made to or in respect of the victim by the Criminal Injuries Compensation Board under section 111 of the Criminal Justice Act 1988;
any payment made in the exercise of a discretion out of property held subject to a trust in a case where no more than 50 per cent. by value of the capital contributed to the trust was directly or indirectly provided by persons who are, or are alleged to be, liable in respect of—
the accident, injury or disease suffered by the victim in question; or
the same or any connected accident, injury or disease suffered by another;
any payment made out of property held for the purposes of any prescribed trust (whether the payment also falls within paragraph (g) above or not);
any payment made to the victim by an insurance company within the meaning of the Insurance Companies Act 1982 under the terms of any contract of insurance entered into between the victim and the company before—
the date on which the victim first claims a relevant benefit in consequence of the disease in question; or
the occurrence of the accident or injury in question;
any redundancy payment falling to be taken into account in the assessment of damages in respect of an accident, injury or disease.
Regulations may provide that any prescribed payment shall be an exempt payment for the purposes of this Part of this Act.
Except as provided by any other enactment, in the assessment of damages in respect of an accident, injury or disease the amount of any relevant benefits paid or likely to be paid shall be disregarded.
If, after making the relevant deduction from the compensation payment, there would be no balance remaining for payment to the intended recipient, any reference in this Part to the making of the compensation payment shall be construed in accordance with regulations.
This Part of this Act shall apply in relation to any compensation payment made on or after 3rd September 1990 (the date of the coming into force of section 22 of the Social Security Act 1989 which, with Schedule 4 to that Act, made provision corresponding to that made by this Part) to the extent that it is made in respect of—
an accident or injury occurring on or after 1st January 1989; or
a disease, if the victim’s first claim for a relevant benefit in consequence of the disease is made on or after that date.
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A person (“the compensator”) making a compensation payment, whether on behalf of himself or another, in consequence of an accident, injury or disease suffered by any other person (“the victim”) shall not do so until the Secretary of State has furnished him with a certificate of total benefit and shall then—
deduct from the payment an amount, determined in accordance with the certificate of total benefit, equal to the gross amount of any relevant benefits paid or likely to be paid to or for the victim during the relevant period in respect of that accident, injury or disease;
pay to the Secretary of State an amount equal to that which is required to be so deducted; and
furnish the person to whom the compensation payment is or, apart from this section, would have been made (“the intended recipient”) with a certificate of deduction.
Any right of the intended recipient to receive the compensation payment in question shall be regarded as satisfied to the extent of the amount certified in the certificate of deduction.
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It shall be for the compensator to apply to the Secretary of State for the certificate of total benefit and he may, subject to subsection (5) below, from time to time apply for fresh certificates.
The certificate of total benefit shall specify—
the amount which has been, or is likely to be, paid on or before a specified date by way of any relevant benefit which is capable of forming part of the total benefit;
where applicable—
the rate of any relevant benefit which is, has been, or is likely to be paid after the date so specified and which would be capable of forming part of the total benefit; and
the intervals at which any such benefit is paid and the period for which it is likely to be paid;
the amounts (if any) which, by virtue of this Part of this Act, are to be treated as increasing the total benefit; and
the aggregate amount of any relevant payments made on or before a specified date (reduced by so much of that amount as has been paid by the Secretary of State to the intended recipient before that date in consequence of this Part of this Act).
On issuing a certificate of total benefit, the Secretary of State shall be taken to have certified the total benefit as at every date for which it is possible to calculate an amount that would, on the basis of the information so provided, be the total benefit as at that date, on the assumption that payments of benefit are made on the days on which they first become payable.
The Secretary of State may estimate, in such manner as he thinks fit, any of the amounts, rates or periods specified in the certificate of total benefit.
A certificate of total benefit shall remain in force until such date as may be specified in the certificate for that purpose and no application for a fresh certificate shall be made before that date.
Where a certificate ceases to be in force, the Secretary of State may issue a fresh certificate, whether or not an application has been made to him for such a certificate.
The compensator shall not make the compensation payment at any time when there is no certificate of total benefit in force in respect of the victim, unless his liability to make the relevant deduction and the relevant payment has ceased to be enforceable by virtue of section 96 below.
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Regulations may make provision exempting persons from liability to make the relevant deduction or the relevant payment in prescribed cases where the amount of the compensation payment in question, or the aggregate amount of two or more connected compensation payments, does not exceed the prescribed sum.
Regulations may make provision for cases where an amount has been deducted and paid to the Secretary of State which, by virtue of regulations under subsection (1) above, ought not to have been so deducted and paid, and any such regulations may, in particular, provide for him to pay that amount to the intended recipient or the compensator or to pay a prescribed part of it to each of them.
The reference in section 81(3)(a) above to a “small payment” is a reference to a payment from which by virtue of this section no relevant deduction falls to be made.
For the purposes of this section—
two or more compensation payments are “connected” if each is made to or in respect of the same victim and in respect of the same accident, injury or disease; and
any reference to a compensation payment is a reference to a payment which would be such a payment apart from section 81(3)(a) above.
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This section applies where—
a compensation payment (an “earlier payment”) has been made to or in respect of the victim; and
subsequently another such payment (a “later payment”) falls to be made to or in respect of the same victim in respect of the same accident, injury or disease (whether by the same or another compensator).
In determining the amount of the relevant deduction and payment required to be made in connection with the later payment, the amount referred to in section 82(1)(a) above shall be reduced by the amount of any relevant payment made in connection with the earlier payment, or, if more than one, the aggregate of those relevant payments.
In relation to the later payment, the compensator shall take the amount of the reduction required by subsection (2) above to be such as may be specified under section 84(2)(d) above in the certificate of total benefit issued to him in connection with that later payment.
In any case where— the Secretary of State shall pay the intended recipient an amount equal to the excess.
the relevant payment made in connection with an earlier payment is not reflected in the certificate of total benefit in force in relation to a later payment, and
in consequence, the aggregate of the relevant payments made in relation to the later payment and every earlier payment exceeds what it would have been had that relevant payment been so reflected,
In determining any rights and liabilities in respect of contribution or indemnity, relevant payments shall be treated as damages paid to or for the intended recipient in respect of the accident, injury or disease in question.
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This section applies where compensation payments in respect of the same accident, injury or disease fall (or apart from this Part would fall) to be made to or in respect of the same victim by two or more compensators.
Where this section applies, any two or more of those compensators may give the Secretary of State notice that they are collaborators in respect of compensation payments in respect of that victim and that accident, injury or disease.
Where such a notice is given and any of the collaborators makes a relevant payment in connection with such a compensation payment, each of the other collaborators shall be treated as if the aggregate amount of relevant payments specified in his certificate of total benefit, as in force at the time of that relevant payment, or in a fresh certificate which does not purport to reflect the payment, were increased by the amount of that payment.
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This section applies where—
in final settlement of a person’s claim, an agreement is entered into—
for the making of periodical payments (whether of an income or capital nature) to or in respect of the victim; or
for the making of such payments and one or more lump sum payments; and
apart from this section, those payments would fall to be regarded for the purposes of this Part of this Act as compensation payments.
Where this section applies, this Part of this Act (other than this section) shall have effect on the following assumptions, that is to say—
the relevant period in the case of the compensator in question shall be taken to end (if it has not previously done so) on the day of settlement;
the compensator in question shall be taken—
to have been liable to make on that day a single compensation payment of the amount referred to in section 82(1)(a) above (reduced or increased in accordance with such of the provisions of this Part as would have applied in the case of a payment on that day); and
to have made from that single payment a relevant deduction of an amount equal to it; and
the payments under the agreement referred to in subsection (1) above shall be taken to be exempt payments.
The intended recipient shall not by virtue of anything in this section become entitled to be paid any sum, whether by the compensator or the Secretary of State, and if on a review or appeal under section 97 or 99 below it appears that the amount paid by a compensator in pursuance of this section was either greater or less than it ought to have been, then—
any excess shall be repaid to the compensator instead of to the intended recipient; but
any deficiency shall be paid to the Secretary of State by the intended recipient.
Where any further compensation payment falls to be made to or in respect of the victim otherwise than under the agreement in question, subsection (2)(a) above shall be disregarded for the purpose of determining the end of the relevant period in relation to that further payment.
In any case where— then for the purposes of this Part, the primary party shall be regarded as the compensator and the secondary party shall not be so regarded.
the person making the periodical payments (“the secondary party”) does so in pursuance of arrangements entered into with another (as in a case where an insurance company purchases an annuity for the victim from another such company), and
apart from those arrangements, that other (“the primary party”) would have been regarded as the compensator,
In determining for the purposes of this section whether any periodical payments would fall to be regarded as compensation payments, section 81(3)(a) above shall be disregarded.
In this section “the day of settlement” means—
if the agreement referred to in subsection (1) above is approved by a court, the day on which that approval is given; and
in any other case, the day on which the agreement is entered into.
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Where the intended recipient is subject to a bankruptcy order, nothing in the Insolvency Act 1986 shall affect the operation of this Part of this Act.
Where the estate of the intended recipient is sequestrated, the relevant deduction from the compensation payment shall not form part of the whole estate of the debtor, within the meaning of section 31(8) of the Bankruptcy (Scotland) Act 1985.
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In any case where— the Secretary of State shall make such a payment as will secure that the deficiency is made good to the extent of the relevant payment.
the compensation payment is subject to any charge under the Legal Aid Act 1974 or the Legal Aid Act 1988, and
after the making of the relevant deduction, the balance of the compensation payment is insufficient to satisfy that charge,
Where the Secretary of State makes a payment under this section, then for the purposes of section 84 above, the amount of the payment shall be treated as increasing the total benefit.
In the application of this section to Scotland, references in subsection (1) above to a charge under the Acts specified shall be construed as references to any provisions of the Legal Aid (Scotland) Act 1986 for the repayment to the Scottish Legal Aid Fund of sums paid by it on behalf of the intended recipient in respect of the proceedings in which the compensation payment is made.
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during the relevant period, there has, in respect of the accident, injury or disease, been paid to or for the victim any relevant benefit to which he was not entitled (“the overpaid benefit”), and
the amount of the relevant payment is such that, after taking account of the rest of the total benefit, there remains an amount which represents the whole or any part of the overpaid benefit,
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in consequence of an action under the Fatal Accidents Act 1976, or
in circumstances where, had an action been brought, it would have been brought under that Act, or
in respect of a liability arising by virtue of section 1 of the Damages (Scotland) Act 1976,
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Nothing in this Part of this Act requires a court to make any relevant deduction or payment in connection with money in court.
Where a party to an action makes a payment into court which, had it been paid directly to the other party, would have constituted a compensation payment, the making of that payment shall be regarded for the purposes of this Part of this Act as the making of a compensation payment, but the compensator—
may either—
withhold from the payment into court an amount equal to the relevant deduction; or
make such a payment into court before the certificate of total benefit has been issued to him; and
shall not become liable to make the relevant payment, or to furnish a certificate of deduction, until he has been notified that the whole or any part of the payment into court has been paid out of court to or for the other party.
Where a person making a payment into court withholds an amount in accordance with subsection (2)(a)(i) above— but no person shall be entitled by virtue of this subsection to the payment out of court of any amount which has not in fact been paid into court.
he shall, at the time when he makes that payment, furnish the court with a certificate of the amount so withheld; and
the amount paid into court shall be regarded as increased by the amount so certified,
Where a payment into court is made as mentioned in subsection (2)(a)(ii) above, the compensator—
shall apply for the certificate of total benefit no later than the day on which the payment into court is made; and
shall become liable to make the relevant payment as mentioned in subsection (2)(b) above, notwithstanding that the relevant deduction has not been made.
Where any such payment into court as is mentioned in subsection (2) above is accepted by the other party to the action within the initial period, then, as respects the compensator in question, the relevant period shall be taken to have ended on the day on which the payment into court (or, if there were two or more such payments, the last of them) was made; but where the payment into court is not so accepted, then—
the relevant period as respects that compensator shall end on the day on which he is notified that the payment has been paid out of court to or for that other party; and
in determining the amount of the relevant payment, that compensator shall be treated as if his payment into court had been made on that day.
In subsection (5) above “the initial period” means the period of 21 days following the making of the payment into court (or, if there were two or more such payments, the last of them), but rules of court may make provision varying the length of that period.
Where a payment into court is paid out wholly to or for the party who made the payment (otherwise than to or for the other party to the action) the making of the payment into court shall cease to be regarded as the making of a compensation payment.
Rules of court may make provision regulating or prescribing the practice and procedure to be followed in relation to such payments into court as are mentioned in subsection (2) above.
This section does not extend to Scotland.
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Any person who is, or is alleged to be, liable in respect of an accident, injury or disease, or any person acting on his behalf, shall furnish the Secretary of State with the prescribed information relating to any person seeking compensation, or in respect of whom compensation is sought, in respect of that accident, injury or disease.
Any person who claims a relevant benefit or who has been in receipt of such a benefit or, if he has died, the personal representatives of such a person, shall furnish the Secretary of State with the prescribed information relating to any accident, injury or disease suffered by that person.
A person who makes any payment (whether a compensation payment or not) on behalf of himself or another— shall, if the Secretary of State so requests him in writing, furnish the Secretary of State with such particulars relating to the size and composition of the payment as may be specified in the request.
in consequence of any accident, injury or disease suffered, or any damage to property sustained, by any other person, or
which is referable to any costs, or, in Scotland, expenses, incurred by any such other person by reason of such an accident, injury, disease or damage,
Any person— shall furnish the Secretary of State with the prescribed information relating to the payment of statutory sick pay in respect of that person.
who is the employer of a person who suffers or has suffered an accident, injury or disease, or
who has been the employer of such a person at any time during the relevant period,
In subsection (4) above “employer” has the same meaning as it has in Part XI of the Contributions and Benefits Act.
Any person furnishing information under this section shall do so in the prescribed manner, at the prescribed place and within the prescribed time.
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If at any time before he makes the compensation payment in question the compensator requests the Secretary of State to furnish him with a certificate of total benefit relating to the victim in question—
the Secretary of State shall comply with that request before the end of the period of 4 weeks, or such other number of weeks as may be prescribed, following the day on which the request is, or is deemed in accordance with regulations to be, received, and
any certificate so furnished shall, in particular, specify for the purposes of section 84(2)(a) above a date not earlier than the date of the request.
Where the Secretary of State furnishes any person with a certificate of total benefit, he shall also provide the information contained in that certificate to the person who appears to him to be the victim in relation to the compensation payment in question.
The victim may apply to the Secretary of State for particulars of the manner in which any amount, rate or period specified in a certificate of total benefit has been determined.
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The liability of the compensator to make the relevant deduction and payment relating to the first compensation payment after the default date shall not be enforceable if— and accordingly, where those liabilities cease to be enforceable, nothing in this Part of this Act shall prevent the compensator from making that compensation payment.
he has made a request under section 95(1) above which—
accurately states the prescribed particulars relating to the victim and the accident, injury or disease in question; and
specifies the name and address of the person to whom the certificate is to be sent;
he has in his possession a written acknowledgment, sent to him in accordance with regulations, of the receipt of the request; and
the Secretary of State does not, within the time limit referred to in section 95(1) above, send the certificate to the person specified in the request as the person to whom the certificate is to be sent, at the address so specified;
In any case where— he shall be treated for all purposes as if the liability had remained enforceable.
the liability to make the relevant deduction and payment becomes unenforceable by virtue of this section, but
the compensator nevertheless makes that deduction and payment,
Where the compensator, in reliance on this section, does not make the relevant deduction and payment, then—
he shall within 14 days of the default date give the Secretary of State notice of that fact together with such other particulars as may be prescribed; and
in determining the amount of the relevant deduction and payment to be made in connection with any subsequent compensation payment made by the same or any other compensator, the amount which, apart from this section, would have fallen to be deducted and paid by him shall continue to form part of the total benefit and shall not be treated as if it had been paid.
If, in the opinion of the Secretary of State, circumstances have arisen which adversely affect normal methods of communication—
he may by order provide that no liability shall become unenforceable by virtue of this section during a specified period not exceeding three months; and
he may continue any such order in force for further periods not exceeding three months at a time.
In this section “the default date” means the date on which the time limit mentioned in subsection (1)(c) above expires.
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The Secretary of State may review any certificate of total benefit if he is satisfied that it was issued in ignorance of, or was based on a mistake as to, some material fact or that a mistake (whether in computation or otherwise) has occurred in its preparation.
On any such review the Secretary of State may either— but he shall not so vary the certificate as to increase the total benefit.
confirm the certificate, or
issue a fresh certificate containing such variations as he considers appropriate,
In any case where— the Secretary of State shall pay the intended recipient an amount equal to the excess.
one or more relevant payments have been made, and
in consequence of a review under this section, it appears that the aggregate amount so paid exceeds the amount that ought to have been paid,
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An appeal shall lie in accordance with this section against any certificate of total benefit at the instance of the compensator, the victim or the intended recipient, on the ground—
that any amount, rate or period specified in the certificate is incorrect, or
that benefit paid or payable otherwise than in consequence of the accident, injury or disease in question has been brought into account.
No appeal shall be brought under this section until—
the claim giving rise to the compensation payment has been finally disposed of; and
the relevant payment, or where more than one such payment may fall to be made, the final relevant payment, has been made.
Notwithstanding subsection (2) above, where— an appeal may be brought under this section against any certificate of total benefit by reference to which the amount of that relevant payment, or any of those relevant payments, was made.
an award of damages (“provisional damages”) has been made under or by virtue of—
section 32A(2)(a) of the Supreme Court Act 1981;
section 12(2)(a) of the Administration of Justice Act 1982; or
section 51(2)(a) of the County Courts Act 1984; and
the relevant payment or, where more than one such payment falls to be made, the final relevant payment in relation to the provisional damages so awarded has been made,
Regulations may make provision— and regulations under paragraph (b) above may, in particular, provide that the circumstances in which such a review may be carried out shall not be restricted to those specified in section 97 above.
as to the manner in which, and the time within which, appeals under this section are to be brought, and
for the purpose of enabling any such appeal to be treated as an application for review under section 97 above,
If any of the medical questions arises for determination on an appeal under this section, the Secretary of State shall refer that question to a medical appeal tribunal, whose determination shall be binding, for the purposes of the appeal, on any social security appeal tribunal to whom a question is referred under subsection (7) below.
A medical appeal tribunal, in determining any of the medical questions, shall take into account any decision of any court relating to the same, or any similar, issue arising in connection with the accident, injury or disease in question.
If any question concerning any amount, rate or period specified in the certificate of total benefit arises for determination on an appeal under this section, the Secretary of State shall refer that question to a social security appeal tribunal, but where any medical questions arising on the appeal have been referred to a medical appeal tribunal—
he shall not refer any question to the social security appeal tribunal until he has received the determination of the medical appeal tribunal on the questions referred to them; and
he shall notify the social security appeal tribunal of the determinations of the medical appeal tribunal.
On a reference under subsection (7) above a social security appeal tribunal may either—
confirm the amounts, rates and periods specified in the certificate of total benefit; or
specify any increases, reductions or other variations which are to be made on the issue of the fresh certificate under subsection (9) below.
When the Secretary of State has received the determinations of the tribunals on the questions referred to them under subsections (5) and (7) above, he shall in accordance with those determinations either—
confirm the certificate against which the appeal was brought, or
issue a fresh certificate.
Regulations may make provision with respect to the procedure for the reference under this section of questions to medical appeal tribunals or social security appeal tribunals.
An appeal shall lie to a Commissioner at the instance of the Secretary of State, the compensator, the victim or the intended recipient from a decision of a medical appeal tribunal or a social security appeal tribunal under this section on the ground that the decision was erroneous in point of law; and for the purposes of appeals under this subsection—
section 23(7) to (10) above shall apply in relation to an appeal from the decision of a social security appeal tribunal; and
section 48(3) above shall apply in relation to an appeal from the decision of a medical appeal tribunal.
In this section “the medical questions” means—
any question whether, as the result of a particular occurrence, the victim suffered an injury, sickness or disease;
any question as to the period for which the victim suffered any injury, sickness or disease.
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Where it appears, in consequence of an appeal under section 98 above, that the aggregate amount of the relevant payment or payments actually made exceeds the amount that ought to have been paid, the Secretary of State shall pay the intended recipient an amount equal to that excess.
Where it appears, in consequence of such an appeal, that the aggregate amount of the relevant payment or payments actually made is less than the amount that ought to have been paid, the intended recipient shall pay the Secretary of State an amount equal to the deficiency.
Without prejudice to any other method of enforcement, an amount payable under subsection (2) above may be recovered by deduction from any benefits which are prescribed benefits for the purposes of section 71 above.
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This section applies in any case where the compensator has made a compensation payment but—
has not requested a certificate of total benefit in respect of the victim, or
if he has done so, has not made the relevant payment within the time limit imposed by section 83 above.
Where this section applies, the Secretary of State may— and the amount so certified shall, to the extent that it does not exceed the amount of the compensation payment, be recoverable by the Secretary of State from the compensator.
if no certificate of total benefit has been issued to the compensator, issue to him such a certificate and a demand for the relevant payment to be made forthwith, or
if a certificate of total benefit has been issued to the compensator, issue to him a copy of that certificate and such a demand,
Any amount recoverable under this section shall—
if the compensator resides or carries on business in England and Wales and a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; or
if the compensator resides or carries on business in Scotland, be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
A document bearing a certificate which— shall be conclusive evidence that that amount is so recoverable; and a certificate purporting to be signed as aforesaid shall be deemed to be so signed unless the contrary is proved.
is signed by a person authorised in that behalf by the Secretary of State, and
states that the document, apart from the certificate, is a record of the amount recoverable under this section,
Where this section applies in relation to two or more connected compensators, the Secretary of State may proceed against them as if they were jointly and severally liable for an amount equal to the difference between—
the total benefit determined in accordance with the latest connected certificate of total benefit issued to any of them, and
the aggregate amount of any connected relevant payments previously made.
Nothing in subsection (5) above authorises the recovery from any person of an amount in excess of the compensation payment by virtue of which this section applies to him (or, if there are two or more such payments which are connected, the aggregate amount of those payments).
In subsections (5) and (6) above, “connected” means relating to the same victim and the same accident, injury or disease.
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Where, immediately before making a compensation payment to or in respect of a victim, the compensator— this Part of this Act (other than this subsection and subsection (2) below) shall apply in relation to him as if at that time he were resident or had a place of business in the relevant part of Great Britain.
is not resident and does not have a place of business in Great Britain, but
is resident or has a place of business in Northern Ireland,
Where, immediately before making a Northern Ireland compensation payment to or in respect of a Northern Ireland victim, a Northern Ireland compensator— the Northern Ireland provisions (other than subsection (1) above and this subsection) shall apply in relation to him as if at that time he were resident or had a place of business in Northern Ireland.
is not resident and does not have a place of business in Northern Ireland, but
is resident or has a place of business in any part of Great Britain,
Where an address in Northern Ireland is the first address notified in writing to the compensator by or on behalf of the victim as his residence (or, if the victim has died, by or on behalf of the intended recipient as the victim’s last residence) then—
the compensator shall apply, as a Northern Ireland compensator, for a Northern Ireland certificate in accordance with the Northern Ireland provisions (and shall not make any separate application for a certificate of total benefit under this Part);
any Northern Ireland certificate which is issued to the compensator in relation to the victim and the accident, injury or disease in question—
shall contain a statement that it is to be treated as including a certificate of total benefit so issued by the Secretary of State and that any relevant payment required to be made to him by reference thereto is to be paid to the Northern Ireland Department as his agent; and
shall be taken to include such a certificate of total benefit; and
any payment made by the compensator to the Northern Ireland Department in pursuance of such a Northern Ireland certificate shall be applied— in respect of the relevant victim and that accident, injury or disease.
first towards discharging his liability under the Northern Ireland provisions; and
then, as respects any remaining balance, towards discharging his liability under this Part,
Where an address in any part of Great Britain is the first address notified in writing to a Northern Ireland compensator by or on behalf of a Northern Ireland victim as his residence (or, if the Northern Ireland victim has died, by or on behalf of the Northern Ireland intended recipient as the Northern Ireland victim’s last residence) then—
the Northern Ireland compensator shall apply, as a compensator, for a certificate of total benefit in accordance with this Part of this Act (and shall not make any separate application for a Northern Ireland certificate under the Northern Ireland provisions);
any certificate of total benefit which is issued to the Northern Ireland compensator in relation to the Northern Ireland victim and the accident, injury or disease in question—
shall contain a statement that it is to be treated as including a Northern Ireland certificate so issued by the Northern Ireland Department and that any Northern Ireland relevant payment required to be made to that Department by reference thereto is to be paid to the Secretary of State as its agent; and
shall be taken to include such a Northern Ireland certificate; and
any payment made by the Northern Ireland compensator to the Secretary of State in pursuance of such a certificate shall be applied— in respect of the relevant victim and that accident, injury or disease.
first towards discharging his liability under this Part of this Act; and
then, as respects any remaining balance, towards discharging his liability under the Northern Ireland provisions,
For the purposes of subsection (1) above, “the relevant part of Great Britain”, in relation to a compensator, means—
if the compensator has been notified in writing— that the victim is or was at any time resident at an address in any part of Great Britain, that part of Great Britain (or, if more than one such notification has been given, the part in which he was so notified that the victim was most recently so resident); or
by or on behalf of the victim, or
if the victim has died, by or on behalf of the intended recipient,
in any other case, such part of Great Britain as the Secretary of State may determine in accordance with regulations.
In this section—
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Where, immediately before the making of the compensation payment, the compensator is not resident and does not have a place of business in any part of the United Kingdom, any deduction, payment or other thing which would, apart from this section, fall to be made or done under this Part of this Act by the compensator shall instead be made or done by the intended recipient and references to the compensator shall be construed accordingly.
The Secretary of State may by regulations make such provision as he considers expedient for the purpose of modifying this Part of this Act in its application in such a case.
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in England and Wales, if both special and general damages are awarded, any such reductions shall be treated as made first against the special damages and then, as respects any remaining balance, against the general damages; and
in Scotland, if damages are awarded both for patrimonial loss and for solatium, any such reductions shall be treated as made first against the damages for patrimonial loss and then, as respects any remaining balance, against the damages for solatium.
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If— he shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of an amount not exceeding level 4 on the standard scale or to both.
any person persistently refuses or neglects to maintain himself or any person whom he is liable to maintain; and
in consequence of his refusal or neglect universal credit, income support , an income-based jobseeker's allowance or an income-related employment and support allowance is paid to or in respect of him or such a person,
For the purposes of subsection (1) above a person shall not be taken to refuse or neglect to maintain himself or any other person by reason only of anything done or omitted in furtherance of a trade dispute.
Subject to subsection (4), for the purposes of this Part, a person shall be liable to maintain another person if that other person is—
his or her spouse or civil partner, or
a person whom he or she would be liable to maintain if sections 78(6)(c) and (9) had effect for the purposes of this Part.
For the purposes of this section, in its application to an income-based jobseeker's allowance or an income-related employment and support allowance, subsection (3)(b) shall not apply.
Subject to the following provisions of this section, if income support or universal credit is claimed by or in respect of a person whom another person is liable to maintain or paid to or in respect of such a person, the Secretary of State may make an application against the liable person to the family court for an order under this section.
On the hearing of an application under this section the court shall have regard to all the circumstances and, in particular, to the income of the liable person, and may order him to pay such sum, weekly or otherwise, as it may consider appropriate, except that in a case falling within section 78(6)(c) above that sum shall not include any amount which is not attributable to income support or universal credit (whether paid before or after the making of the order).
In determining whether to order any payments to be made in respect of income support or universal credit for any period before the application was made, or the amount of any such payments, the court shall disregard any amount by which the liable person's income exceeds the income which was his during that period.
Any payments ordered to be made under this section shall be made—
to the Secretary of State in so far as they are attributable to any income support or universal credit (whether paid before or after the making of the order);
to the person claiming income support or universal credit or (if different) the dependant; or
to such other person as appears to the court expedient in the interests of the dependant.
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In the application of this section to Scotland, for the references to the family court there shall be substituted references to the sheriff.
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In any case where— the sum which the court may order that other parent to pay under subsection (2) of that section may include an amount, determined in accordance with regulations, in respect of any income support paid to or for the claimant by virtue of such provisions as may be prescribed.
the claim for income support referred to in section 106(1) above is or was made by the parent of one or more children in respect of both himself and those children; and
the other parent is liable to maintain those children but, by virtue of not being the claimant’s husband or wife, is not liable to maintain the claimant,
Where the sum which a court orders a person to pay under section 106 above includes by virtue of subsection (1) above an amount (in this section referred to as a “personal allowance element”) in respect of income support by virtue of paragraph 1(2) of Schedule 2 to the Income Support (General) Regulations 1987 (personal allowance for lone parent) the order shall separately identify the amount of the personal allowance element.
In any case where— the Secretary of State may, by giving notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer to the dependent parent the right to receive the payments under the order, exclusive of any personal allowance element, and to exercise the relevant rights in relation to the order, except so far as relating to that element.
there is in force an order under subsection (2) of section 106 above made against a person (“the liable parent”) who is the parent of one or more children, in respect of the other parent or the children; and
payments under the order fall to be made to the Secretary of State by virtue of subsection (4)(a) of that section; and
that other parent (“the dependent parent”) ceases to claim income support,
Notice under subsection (3) above shall not be given (and if purportedly given, shall be of no effect) at a time when there is in force a maintenance order made against the liable parent— and if such a maintenance order is made at any time after notice under that subsection has been given, the order under section 106(2) above shall cease to have effect.
in favour of the dependent parent or one or more of the children; or
in favour of some other person for the benefit of the dependent parent or one or more of the children;
In any case where— the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.
notice is given to a magistrates' court under subsection (3) above,
payments under the order are required to be made by any method of payment falling within section 59(6) of the Magistrates' Courts Act 1980 (standing order, etc.), and
the clerk to the justices for the petty sessions area for which the court is acting decides that payment by that method is no longer possible,
Except as provided by subsections (8) and (12) below, where the Secretary of State gives notice under subsection (3) above, he shall cease to be entitled— notwithstanding that the dependent parent does not become entitled to receive any payment in respect of that element or to exercise the relevant rights so far as so relating.
to receive any payment under the order in respect of any personal allowance element; or
to exercise the relevant rights, so far as relating to any such element,
If, in a case where the Secretary of State gives notice under subsection (3) above, a payment under the order is or has been made to him wholly or partly in respect of the whole or any part of the period beginning with the day on which the transfer takes effect and ending with the day on which the notice under subsection (3) above is given to the liable parent, the Secretary of State shall— and a payment under paragraph (b) above shall be taken to discharge, to that extent, the liability of the liable parent to the dependent parent under the order in respect of that period or part.
repay to or for the liable parent so much of the payment as is referable to any personal allowance element in respect of that period or, as the case may be, the part of it in question; and
pay to or for the dependent parent so much of any remaining balance of the payment as is referable to that period or part;
If, in a case where the Secretary of State has given notice under subsection (3) above, the dependent parent makes a further claim for income support, then—
the Secretary of State may, by giving a further notice in writing to the court which made the order and to the liable parent and the dependent parent, transfer back from the dependent parent to himself the right to receive the payments and to exercise the relevant rights; and
that transfer shall revive the Secretary of State’s right to receive payment under the order in respect of any personal allowance element and to exercise the relevant rights so far as relating to any such element.
Subject to subsections (10) and (11) below, in any case where— the clerk to the justices for the petty sessions area for which the court is acting shall amend the order by reinstating the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, as the case may be, the last such transfer) took effect.
notice is given to a magistrates' court under subsection (8) above, and
the method of payment under the order which subsists immediately before the day on which the transfer under subsection (8) above takes effect differs from the method of payment which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect,
The clerk shall not amend the order under subsection (9) above if the Secretary of State gives notice in writing to the clerk, on or before the day on which the notice under subsection (8) above is given, that the method of payment under the order which subsists immediately before the day on which the transfer under subsection (8) above takes effect is to continue.
In any case where— the clerk shall amend the order to provide that payments under the order shall be made by the liable parent to the clerk.
notice is given to a magistrates' court under subsection (8) above,
the method of payment under the order which subsisted immediately before the day on which the transfer under subsection (3) above (or, if there has been more than one such transfer, the last such transfer) took effect was any method of payment falling within section 59(6) of the Magistrates' Courts Act 1980 (standing order, etc.), and
the clerk decides that payment by that method is no longer possible,
A transfer under subsection (3) or (8) above does not transfer or otherwise affect the right of any person— and, where notice is given under subsection (3), subsection (6) above does not deprive the Secretary of State of his right to receive such a payment in respect of any personal allowance element or to exercise the relevant rights in relation to such a payment.
to receive a payment which fell due to him at a time before the transfer took effect; or
to exercise the relevant rights in relation to any such payment;
For the purposes of this section— irrespective of the day on which notice under the subsection in question is given.
a transfer under subsection (3) above takes effect on the day on which the dependent parent ceases to be in receipt of income support in consequence of the cessation referred to in paragraph (c) of that subsection, and
a transfer under subsection (8) above takes effect on—
the first day in respect of which the dependent parent receives income support after the transfer under subsection (3) above took effect, or
such later day as may be specified for the purpose in the notice under subsection (8),
Any notice required to be given to the liable parent under subsection (3) or (8) above shall be taken to have been given if it has been sent to his last known address.
In this section—
“benefit” means housing benefit or council tax benefit; and
This section applies where— and in this section “the primary recipient” means the person in whose favour that maintenance order was made.
a person (“the claimant”) who is the parent of one or more children is in receipt of income support or universal credit either in respect of those children or in respect of both himself and those children; and
there is in force a maintenance order made against the other parent (“the liable person”)—
in favour of the claimant or one or more of the children, or
in favour of some other person for the benefit of the claimant or one or more of the children;
If, in a case where this section applies, the liable person fails to comply with any of the terms of the maintenance order—
the Secretary of State may bring any proceedings or take any other steps to enforce the order that could have been brought or taken by or on behalf of the primary recipient; and
any court before which proceedings are brought by the Secretary of State by virtue of paragraph (a) above shall have the same powers in connection with those proceedings as it would have had if they had been brought by the primary recipient.
The Secretary of State's powers under this section are exercisable at his discretion and whether or not the primary recipient or any other person consents to their exercise; but any sums recovered by virtue of this section shall be payable to or for the primary recipient, as if the proceedings or steps in question had been brought or taken by him or on his behalf.
The powers conferred on the Secretary of State by subsection (2)(a) above include power—
to apply for the registration of the maintenance order under—
section 17 of the Maintenance Orders Act 1950; or
section 2 of the Maintenance Orders Act 1958; ... ...
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to make an application under section 2 of the Maintenance Orders (Reciprocal Enforcement) Act 1972 (application for enforcement in reciprocating country).
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to apply for recognition and enforcement of the maintenance order under the Convention on the International Recovery of Child Support and other forms of Family Maintenance done at The Hague on 23rd November 2007, to the extent permitted by Article 36 of that Convention; and
Where this section applies, the prescribed person shall in prescribed circumstances give the Secretary of State notice of any application—
to alter, vary, suspend, discharge, revoke, revive or enforce the maintenance order in question; or
to remit arrears under that maintenance order; and the Secretary of State shall be entitled to appear and be heard on the application.
Where, by virtue of this section, the Secretary of State commences any proceedings to enforce a maintenance order, he shall, in relation to those proceedings, be treated for the purposes of any enactment or instrument relating to maintenance orders as if he were a person entitled to payment under the maintenance order in question (but shall not thereby become entitled to any such payment).
Where, in any proceedings under this section in England and Wales, the court makes an order for the whole or any part of the arrears due under the maintenance order in question to be paid as a lump sum, the Secretary of State shall inform the Lord Chancellor of the amount of that lump sum if he knows— as the case may be.
that the primary recipient either—
received legal aid under the Legal Aid Act 1974 in connection with the proceedings in which the maintenance order was made, or
was an assisted party, within the meaning of the Legal Aid Act 1988, in those proceedings; or
received services funded by the Legal Services Commission as part of the Community Legal Service; or
was provided with civil legal services (within the meaning of Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012) under arrangements made for the purposes of that Part of that Act; and
that a sum remains unpaid on account of the contribution required of the primary recipient—
under section 9 of the Legal Aid Act 1974 in respect of those proceedings, or
under section 16 of the Legal Aid Act 1988 in respect of the costs of his being represented under Part IV of that Act in those proceedings, or
by virtue of section 10 of the Access to Justice Act 1999 in respect of services funded by the Legal Services Commission as part of the Community Legal Service, or
under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in respect of civil legal services (within the meaning of Part 1 of that Act) provided under arrangements made for the purposes of that Part of that Act,
In this section “maintenance order”—
in England and Wales, means—
any order for the making of periodical payments which is, or has at any time been, a maintenance order within the meaning of the Attachment of Earnings Act 1971;
any order under Part 3 of the Matrimonial and Family Proceedings Act 1984 (overseas divorce) for the making of periodical payments;
any order under Schedule 7 to the Civil Partnership Act 2004 for the making of periodical payments;
in Scotland, means any order, except an order for the payment of a lump sum, falling within the definition of “maintenance order” in section 106 of the Debtors (Scotland) Act 1987, but disregarding paragraph (h) (alimentary bond or agreement).
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Where in Scotland a creditor who is enforcing a maintenance order or alimentary bond or agreement by a current maintenance arrestment or a conjoined arrestment order is in receipt of universal credit, income support or an income-related employment and support allowance, the creditor may in writing authorise the Secretary of State to receive any sums payable under the arrestment or order until the creditor ceases to be in receipt of universal credit, income support or an income-related employment and support allowance or in writing withdraws the authorisation, whichever occurs first.
On intimation by the Secretary of State—
to the employer operating the current maintenance arrestment; or
to the sheriff clerk operating the conjoined arrestment order; of an authorisation under subsection (1) above, the employer or sheriff clerk shall, until notified by the Secretary of State that the authorisation has ceased to have effect, pay to the Secretary of State any sums which would otherwise be payable under the arrestment or order to the creditor.
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For the purposes of the Acts to which this section applies the Secretary of State may appoint such inspectors, and pay to them such salaries or remuneration, as he may determine with the consent of the Treasury.
An inspector appointed under this section shall, for the purposes of the execution of those Acts have the following powers—
to enter at all reasonable times any premises liable to inspection under this section;
to make such examination and inquiry as may be necessary—
for ascertaining whether the provisions of the Acts are being, or have been, complied with in any such premises; or
for investigating the circumstances in which any accident, injury or disease which has given or may give rise to a claim for industrial injuries benefit, or for any benefit which is a relevant benefit, occurred or may have occurred, or was or may have been received or contracted;
to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under the Acts on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay— and to require every such person to be so examined;
contributions under Part I of the Contributions and Benefits Act; or
a state scheme premium; or
a compensation payment or a relevant payment,
to exercise such other powers as may be necessary for carrying the Acts into effect.
The premises liable to inspection under this section are any where an inspector has reasonable grounds for supposing that— but do not include any private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.
any persons are employed; or
there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; or
a personal or occupational pension scheme is being administered; or
any person— carries on business or is to be found,
who is the compensator in relation to any such accident, injury or disease as is referred to in subsection (2)(b)(ii) above; or
on whose behalf any such compensator has or may have made, or may make, a compensation payment,
Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purpose of the Acts shall, if so required, produce the certificate.
Where any premises are liable to be inspected by an inspector or officer appointed or employed by, or are under the control of, some other government department, the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors under this section to be carried out by an inspector or officer employed by that department.
In accordance with this section, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining—
whether— is or has been payable, or has been duly paid, by or in respect of any person; or
any contribution under Part I of the Contributions and Benefits Act; or
any state scheme premium; or
any compensation payment or relevant payment,
whether benefit is or was payable to or in respect of any person.
The following persons are under the duty imposed by subsection (6) above— but no one shall be required under this section to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.
the occupier of any premises liable to inspection under this section;
any person who is or has been an employer or an employee within the meaning of any provision of the Contributions and Benefits Act;
any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services;
any person who is or has at any time been a trustee or manager of a personal or occupational pension scheme;
any person who is or has been liable—
to pay contributions or state scheme premiums; or
to make any compensation payment or relevant payment;
the servants or agents of any such person as is specified in any of the preceding paragraphs,
This section applies to the following Acts—
the Social Security Act 1973;
the Contributions and Benefits Act;
this Act;
the Pensions Act; and
Part I of the 1986 Act.
In this section “relevant benefit” and “relevant payment” mean a relevant benefit and relevant payment within the meaning of Part IV of this Act.
An individual who for the time being has the Secretary of State's authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below.
Those purposes are—
ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation;
investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for—
industrial injuries benefit, or
any benefit under any provision of the relevant social security legislation, occurred or may have occurred, or was or may have been received or contracted;
ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally);
preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences.
An individual has the Secretary of State's authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is—
an official of a Government department;
an individual employed by an authority administering housing benefit or council tax benefit;
an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or
an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee.
An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above—
must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part;
may contain provision as to the period for which the authorisation is to have effect; and
may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation.
An authorisation granted under this section may be withdrawn at any time by the Secretary of State.
Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority—
the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him; and
the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions.
The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part.
The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises.
This section and sections 109B to 109C below apply as if—
the Tax Credits Act 2002 were relevant social security legislation, and
accordingly, child tax credit and working tax credit were relevant social security benefits for the purposes of the definition of “benefit offence“.
If a person— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
intentionally delays or obstructs an authorised officer in the exercise of any power under this Act other than an Inland Revenue Power;
refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Act otherwise than under Schedule 3ZA, Schedule 3B or in the exercise of an Inland Revenue Power,
refuses or neglects to comply with any requirement under section109BA or 110AA or with the requirements of any arrangements entered into in accordance with subsection (1) of that section, or
Where a person is convicted of an offence under subsection (1)(ab) or (b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.
In subsection (1) “Inland Revenue power” means any power conferred on an officer of the Inland Revenue by virtue of section 110ZA above or by virtue of an authorisation granted under section 109A or 110A above.
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An authorised officer who has reasonable grounds for suspecting that a person— may, by written notice, require that person to provide all such information described in the notice as is information of which he has possession, or to which he has access, and which it is reasonable for the authorised officer to require for a purpose so mentioned.
is a person falling within subsection (2) or (2A) below, and
has or may have possession of or access to any information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above,
The persons who fall within this subsection are—
any person who is or has been an employer or employee within the meaning of any provision made by or under the Contributions and Benefits Act;
any person who is or has been a self-employed earner within the meaning of any such provision;
any person who by virtue of any provision made by or under that Act falls, or has fallen, to be treated for the purposes of any such provision as a person within paragraph (a) or (b) above;
any person who is carrying on, or has carried on, any business involving the supply of goods for sale to the ultimate consumers by individuals not carrying on retail businesses from retail premises;
any person who is carrying on, or has carried on, any business involving the supply of goods or services by the use of work done or services performed by persons other than employees of his;
any person who is carrying on, or has carried on, an agency or other business for the introduction or supply, to persons requiring them, of persons available to do work or to perform services;
any local authority acting in their capacity as an authority responsible for the granting of any licence;
any person who is or has been a trustee or manager of a personal or occupational pension scheme;
any person who is or has been liable to make a compensation payment or a payment to the Secretary of State under section 6 of the Social Security (Recovery of Benefits) Act 1997 (payments in respect of recoverable benefits);
a person of a prescribed description; and
the servants and agents of any such person as is specified in any of paragraphs (a) to (ia) above.
The persons who fall within this subsection are—
any bank;
the Director of National Savings;
any person carrying on a business the whole or a significant part of which consists in the provision of credit (whether secured or unsecured) to members of the public;
any insurer;
any credit reference agency (within the meaning given by section 145(8) of the Consumer Credit Act 1974 (c. 39));
any body the principal activity of which is to facilitate the exchange of information for the purpose of preventing or detecting fraud;
any person carrying on a business the whole or a significant part of which consists in the provision to members of the public of a service for transferring money from place to place;
any water undertaker or sewerage undertaker, Scottish Water or any local authority which is to collect charges by virtue of an order under section 37 of the Water Industry (Scotland) Act 2002 (asp 3);
any person who—
is the holder of a licence under section 7 of the Gas Act 1986 (c. 44) to convey gas through pipes, or
is the holder of a licence under section 7A(1) of that Act to supply gas through pipes;
any person who (within the meaning of the Electricity Act 1989 (c. 29)) distributes or supplies electricity;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any person conducting any educational establishment or institution;
any body the principal activity of which is to provide services in connection with admissions to educational establishments or institutions;
the Student Loans Company;
any servant or agent of any person mentioned in any of the preceding paragraphs.
Subject to the following provisions of this section, the powers conferred by this section on an authorised officer to require information from any person by virtue of his falling within subsection (2A) above shall be exercisable for the purpose only of obtaining information relating to a particular person identified (by name or description) by the officer.
An authorised officer shall not, in exercise of those powers, require any information from any person by virtue of his falling within subsection (2A) above unless it appears to that officer that there are reasonable grounds for believing that the identified person to whom it relates is—
a person who has committed, is committing or intends to commit a benefit offence; or
a person who (within the meaning of Part 7 of the Contributions and Benefits Act) is a member of the family of a person falling within paragraph (a) above.
Nothing in subsection (2B) or (2C) above shall prevent an authorised officer who is an official of a Government department and whose authorisation states that his authorisation applies for the purposes of this subsection from exercising the powers conferred by this section for obtaining from— any information which relates exclusively to whether and in what quantities water, gas or electricity are being or have been supplied to residential premises specified or described in the notice by which the information is required.
a water undertaker or Scottish Water,
any person who (within the meaning the Gas Act 1986) supplies gas conveyed through pipes,
any person who (within the meaning of the Electricity Act 1989) supplies electricity conveyed by distribution systems, or
any servant or agent of a person mentioned in any of the preceding paragraphs,
The powers conferred by this section shall not be exercisable so as to secure the disclosure by a telecommunications operator or postal operator of communications data without the consent of the operator.
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The obligation of a person to provide information in accordance with a notice under this section shall be discharged only by the provision of that information, at such reasonable time and in such form as may be specified in the notice, to the authorised officer who—
is identified by or in accordance with the terms of the notice; or
has been identified, since the giving of the notice, by a further written notice given by the authorised officer who imposed the original requirement or another authorised officer.
The power of an authorised officer under this section to require the provision of information shall include a power to require the production and delivery up and (if necessary) creation of, or of copies of or extracts from, any such documents containing the information as may be specified or described in the notice imposing the requirement.
No one shall be required under this section to provide— and for the purposes of this subsection it is immaterial whether the information is in documentary form or not.
any information that tends to incriminate either himself or, in the case of a person who is married or is a civil partner, his spouse or civil partner; or
any information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality as between client and professional legal adviser, would be successful in any proceedings;
Provision may be made by order—
adding any person to the list of persons falling within subsection (2A) above;
removing any person from the list of persons falling within that subsection;
modifying that subsection for the purpose of taking account of any change to the name of any person for the time being falling within that subsection.
In this section—
The definitions of “bank” and “insurer” in subsection (7) must be read with—
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
If a person for the purpose of obtaining any benefit or other payment under the relevant social security legislation whether for himself or some other person, or for any other purpose connected with that legislation— he shall be guilty of an offence.
makes a statement or representation which he knows to be false; or
produces or furnishes or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.
A person is guilty of an offence if, for the purpose of obtaining a non-benefit payment for themselves or another person, they—
make a statement or representation which they know to be false, or
produce or furnish, or knowingly cause or knowingly allow to be produced or furnished, any document or information which they know to be false in a material particular.
A person shall be guilty of an offence if—
there has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;
the change is not a change that is excluded by regulations from the changes that are required to be notified;
he knows that the change affects an entitlement of his to such a benefit or other payment or advantage; and
he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
A person is guilty of an offence under this section if—
there has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;
the change is not a change that is excluded by regulations from the changes that are required to be notified;
he knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; and
he causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
In a case where subsection (1C) of section 111A above applies, the recipient is guilty of an offence if—
he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
he fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
In a case where that subsection applies, a person other than the recipient is guilty of an offence if—
he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
he causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
Subsection (1F) of section 111A above applies in relation to subsections (1C) and (1D) above as it applies in relation to subsections (1D) and (1E) of that section.
For the purposes of subsections (1A) to (1D) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.
For the purposes of subsections (1A) to (1F), references to—
a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and
a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.
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Subject to subsection (2) below, where it appears to the Secretary of State- the Secretary of State may require that person to enter into arrangements under which authorised officers are allowed such access to those records.
that a person falling within section 109B(2A) keeps any electronic records,
that the records contain or are likely, from time to time, to contain information about any matter that is relevant for any one or more of the purposes mentioned in section 109A(2) above, and
that facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,
An authorised officer—
shall be entitled to obtain information in accordance with arrangements entered into under subsection (1) above only if his authorisation states that his authorisation applies for the purposes of that subsection; and
shall not seek to obtain any information in accordance with any such arrangements other than information which relates to a particular person and could be the subject of a requirement under section 109B above.
The matters that may be included in the arrangements that a person is required to enter into under subsection (1) above may include-
requirements as to the electronic access to records that is to be made available to authorised officers;
requirements as to the keeping of records of the use that is made of the arrangements;
requirements restricting the disclosure of information about the use that is made of the arrangements; and
such other incidental requirements as the Secretary of State considers appropriate in connection with allowing access to records to authorised officers.
An authorised officer who is allowed access in accordance with any arrangements entered into under subsection (1) above shall be entitled to make copies of, and to take extracts from, any records containing information which he is entitled to require under section 109B.
for any one offence, level 3 on the standard scale; or
Regulations and schemes under any of the legislation to which this section applies may provide that any person who contravenes, or fails to comply with, any provision contained in regulations made under that legislation—
in the case of a provision relating to contributions, shall be liable to a penalty;
in any other case, shall be guilty of an offence under any enactment contained in the legislation in question.
for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.
The legislation to which this section applies is—
the relevant social security legislation; and
the enactments specified in section 121DA(1) so far as relating to contributions ...
Any regulations or scheme making such provision as is mentioned in subsection (1)(a) above shall—
prescribe the amount or rate of penalty, or provide for how it is to be ascertained;
provide for the penalty to be imposed by the Inland Revenue—
within six years after the date on which the penalty is incurred; or
where the amount of the penalty is to be ascertained by reference to the amount of any contributions payable, at any later time within three years after the final determination of the amount of those contributions;
provide for determining the date on which, for the purposes of paragraph (b) above, the penalty is incurred;
prescribe the means by which the penalty is to be enforced; and
provide for enabling the Inland Revenue, in their discretion, to mitigate or to remit any such penalty, or to stay or to compound any proceedings for a penalty.
A person guilty of such an offence as is mentioned in subsection (1)(b) above shall be liable on summary conviction—
to a fine not exceeding level 3 on the standard scale;
in the case of an offence of continuing a contravention or failure after conviction, to a fine not exceeding £40 for each day on which it is so continued.
Any provision contained in regulations which authorises statutory sick pay or statutory maternity pay to be set off against secondary Class 1 contributions is not a provision relating to contributions for the purposes of this section.
An authorised officer shall be entitled, at any reasonable time and either alone or accompanied by such other persons as he thinks fit, to enter any premises which—
are liable to inspection under this section; and
are premises to which it is reasonable for him to require entry in order to exercise the powers conferred by this section.
An authorised officer who has entered any premises liable to inspection under this section may— as appears to him appropriate for any one or more of the purposes mentioned in section 109A(2) above.
make such an examination of those premises, and
conduct any such inquiry there,
An authorised officer who has entered any premises liable to inspection under this section may—
question any person whom he finds there;
require any person whom he finds there to do any one or more of the following— as he may reasonably require for any one or more of the purposes mentioned in section 109A(2) above; and
to provide him with such information,
to produce and deliver up and (if necessary) create such documents or such copies of, or extracts from, documents,
take possession of and either remove or make his own copies of any such documents as appear to him to contain information that is relevant for any of those purposes.
The premises liable to inspection under this section are any premises (including premises consisting in the whole or a part of a dwelling house) which an authorised officer has reasonable grounds for suspecting are—
premises which are a person's place of employment;
premises from which a trade or business is being carried on or where documents relating to a trade or business are kept by the person carrying it on or by another person on his behalf;
premises from which a personal or occupational pension scheme is being administered or where documents relating to the administration of such a scheme are kept by the person administering the scheme or by another person on his behalf;
premises where a person who is the compensator in relation to any such accident, injury or disease as is referred to in section 109A(2)(b) above is to be found;
premises where a person on whose behalf any such compensator has made, may have made or may make a compensation payment is to be found.
An authorised officer applying for admission to any premises in accordance with this section shall, if required to do so, produce the certificate containing his authorisation for the purposes of this Part.
Subsections (2E) and (5) of section 109B apply for the purposes of this section as they apply for the purposes of that section.
Any person who is knowingly concerned in the fraudulent evasion of any contributions which he or any other person is liable to pay shall be guilty of an offence.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both;
on summary conviction, to a fine not exceeding the statutory maximum.
Subsection (1) above does not apply to Class 4 contributions recoverable by the Inland Revenue.
If a person— he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months, or to both.
buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn a contribution card or a used contribution stamp; or
affixes a used contribution stamp to a contribution card,
In any proceedings under subsection (4) above with respect to used stamps a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever and whether or not it has actually been used for the payment of a contribution.
In this Act “contribution card” means any card issued under regulations for the purpose of payment of contributions by affixing stamps to it.
The Secretary of State must appoint an independent person to carry out reviews of the exercise of functions under sections 109A to 109H and Schedule 3ZD (“investigative functions”) by or on behalf of the Secretary of State.
After each review, the independent person must as soon as practicable—
prepare a report on the review, and
submit the report to the Secretary of State.
On receiving a report, the Secretary of State must—
publish it, and
lay a copy before Parliament.
Each review must consider the extent to which —
investigative functions have been exercised in compliance with the requirements of provisions mentioned in subsection (1), relevant codes of practice and relevant guidance, and
the exercise of those functions has been effective in meeting the purposes set out in section 109A(2).
Each report must contain any recommendations which the independent person considers appropriate in light of the review to which it relates.
In subsection (4)(a), “relevant codes of practice” and “relevant guidance” mean codes of practice and guidance to which the Secretary of State must have regard in exercising investigative functions.
Where an offence under this Act, or under the Jobseekers Act 1995, which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.
Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
The Secretary of State may give the independent person appointed under section 109I(1) directions as to the period to be covered by each review under section 109I.
The Secretary of State must consult the independent person before giving a direction under subsection (1).
The Secretary of State may disclose information to the independent person, or to a person acting on behalf of the independent person, for the purposes of reviews being carried out under section 109I.
Regulations may confer functions on a person for the purposes of securing compliance with section 109I.
The Secretary of State may comply with the duty in section 109I(1) by appointing different independent persons to carry out reviews in relation to the exercise of investigative functions—
in England and Wales, and
in Scotland.
Schedule 36 to the Finance Act 2008 (information and inspection powers) applies for the purpose of checking a person's position as regards relevant contributions as it applies for the purpose of checking a person's tax position, subject to the modifications in subsection (2).
That Schedule applies as if—
references to any provision of the Taxes Acts were to any provision of this Act or the Contributions and Benefits Act or the National Insurance Contributions Act 2014 relating to relevant contributions,
references to prejudice to the assessment or collection of tax were to prejudice to the assessment of liability for, and payment of, relevant contributions,
the reference to information relating to the conduct of a pending appeal relating to tax were a reference to information relating to the conduct of a pending appeal relating to relevant contributions, and
paragraphs 21 , 21A, 35(4A)(c), 36, 37(2) and (2A), 37A and 37B of that Schedule (restrictions on giving taxpayer notice where taxpayer has made tax return) were omitted.
Part 3 of Schedule 38 to the Finance Act 2012 (power to obtain tax adviser’s files etc) applies in relation to relevant contributions as in relation to tax and, accordingly—
the cases described in paragraph 7 of that Schedule (case A and case B) include cases involving conduct or an offence relating to relevant contributions,
(whether the case involves conduct or an offence relating to tax or relevant contributions) the papers and other documents that may be sought under that Part include ones relating to relevant contributions, and
the other Parts of that Schedule apply so far as necessary to give effect to the application of Part 3 by virtue of this subsection.
In this section “relevant contributions” means Class 1, Class 1A, Class 1B or Class 2 contributions.
An individual who for the time being has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit (“a local authority authorisation”) shall be entitled, for a relevant purpose, to exercise any of the powers which, subject to subsection (8) below, are conferred on an authorised officer by sections 109B and 109C above.
Each of the following is a relevant purpose—
a purpose mentioned in subsection (2) below;
a purpose mentioned in section 109A(2)(a), (c) or (d).
If the Secretary of State prescribes conditions for the purposes of this section, an authority must not proceed under this section for a purpose mentioned in section 109A(2)(a), (c) or (d) unless any such condition is satisfied.
An authorisation made for a purpose mentioned in section 109A(2)(a), (c) or (d)—
is subject to such restrictions as may be prescribed;
is not valid in such circumstances as may be prescribed.
The purposes in this subsection are—
ascertaining in relation to any case whether housing benefit or council tax benefit is or was payable in that case;
ascertaining whether provisions of the relevant social security legislation that relate to housing benefit or council tax benefit are being, have been or are likely to be contravened (whether by particular persons or more generally);
preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences relating to housing benefit or council tax benefit.
An individual has the authorisation for the purposes of this Part of an authority administering housing benefit or council tax benefit if, and only if, that authority have granted him an authorisation for those purposes and he is—
an individual employed by that authority;
an individual employed by another authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of that authority;
an individual employed by a person authorised by or on behalf of— to carry out functions relating to housing benefit or council tax benefit for that authority or committee;
the authority in question,
any such authority or joint committee as is mentioned in paragraph (b) above,
an official of a Government department.
Subsection (4) of section 109A above shall apply in relation to a local authority authorisation as it applies in relation to an authorisation under that section.
A local authority authorisation may be withdrawn at any time by the authority that granted it or by the Secretary of State.
The certificate or other instrument containing the grant or withdrawal by any local authority of any local authority authorisation must be issued under the hand of either—
the officer designated under section 4 of the Local Government and Housing Act 1989 as the head of the authority's paid service; or
the officer who is the authority's chief finance officer (within the meaning of section 5 of that Act).
It shall be the duty of any authority with power to grant local authority authorisations to comply with any directions of the Secretary of State as to—
whether or not such authorisations are to be granted by that authority;
the period for which authorisations granted by that authority are to have effect;
the number of persons who may be granted authorisations by that authority at any one time; and
the restrictions to be contained by virtue of subsection (4) above in the authorisations granted by that authority for those purposes.
The powers conferred by sections 109B and 109C above shall have effect in the case of an individual who is an authorised officer by virtue of this section as if those sections had effect— but paragraphs (a) and (b) above do not apply in any case where the relevant purpose is as mentioned in subsection (1A)(b) above.
with the substitution for every reference to the purposes mentioned in section 109A(2) above of a reference to the purposes mentioned in subsection (2) above; ...
with the substitution for every reference to the relevant social security legislation of a reference to so much of it as relates to housing benefit or council tax benefit ; and
with the omission of section 109B(2D).
Nothing in this section conferring any power on an authorised officer in relation to housing benefit or council tax benefit shall require that power to be exercised only in relation to cases in which the authority administering the benefit is the authority by whom that officer's authorisation was granted.
Subject to subsection (2) below, where it appears to an authority administering housing benefit or council tax benefit- that authority may require that person to enter into arrangements under which authorised officers are allowed such access to those records.
that a person falling within section 109B(2A) keeps any electronic records,
that the records contain or are likely, from time to time, to contain information about any matter that is relevant for any one or more of the purposes mentioned in section 110A(2) above, and
that facilities exist under which electronic access to those records is being provided, or is capable of being provided, by that person to other persons,
An authorised officer—
shall be entitled to obtain information in accordance with arrangements entered into under subsection (1) above only if his authorisation states that his authorisation applies for the purposes of that subsection; and
shall not seek to obtain any information in accordance with any such arrangements other than information which—
relates to a particular person; and
could be the subject of any such requirement under section 109B above as may be imposed in exercise of the powers conferred by section 110A(8) above.
The matters that may be included in the arrangements that a person is required to enter into under subsection (1) above may include—
requirements as to the electronic access to records that is to be made available to authorised officers;
requirements as to the keeping of records of the use that is made of the arrangements;
requirements restricting the disclosure of information about the use that is made of the arrangements; and
such other incidental requirements as the authority in question considers appropriate in connection with allowing access to records to authorised officers.
An authorised officer who is allowed access in accordance with any arrangements entered into under subsection (1) above shall be entitled to make copies of, and to take extracts from, any records containing information which he is entitled to make the subject of a requirement such as is mentioned in subsection (2)(b) above.
An authority administering housing benefit or council tax benefit shall not- except with the consent of the Secretary of State and subject to any conditions imposed by the Secretary of State by the provisions of the consent.
require any person to enter into arrangements for allowing authorised officers to have electronic access to any records; or
otherwise than in pursuance of a requirement under this section, enter into any arrangements with a person specified in section 109B(2A) above for allowing anyone acting on behalf of the authority for purposes connected with any benefit to have electronic access to any private information contained in any records,
A consent for the purposes of subsection (5) may be given in relation to a particular case, or in relation to any case that falls within a particular description of cases.
In this section “private information”, in relation to an authority administering housing benefit or council tax benefit, means any information held by a person who is not entitled to disclose it to that authority except in compliance with a requirement imposed by the authority in exercise of their statutory powers.
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If a person dishonestly— with the view to obtaining any benefit or other payment or advantage under the relevant social security legislation or a non-benefit payment (whether for himself or for some other person), he shall be guilty of an offence.
makes a false statement or representation; or
produces or furnishes, or causes or allows to be produced or furnished, any document or information which is false in a material particular;
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A person shall be guilty of an offence if—
there has been a change of circumstances affecting any entitlement of his to any benefit or other payment or advantage under any provision of the relevant social security legislation;
the change is not a change that is excluded by regulations from the changes that are required to be notified;
he knows that the change affects an entitlement of his to such a benefit or other payment or advantage; and
he dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
A person shall be guilty of an offence if—
there has been a change of circumstances affecting any entitlement of another person to any benefit or other payment or advantage under any provision of the relevant social security legislation;
the change is not a change that is excluded by regulations from the changes that are required to be notified;
he knows that the change affects an entitlement of that other person to such a benefit or other payment or advantage; and
he dishonestly causes or allows that other person to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
This subsection applies where—
there has been a change of circumstances affecting any entitlement of a person ('the claimant') to any benefit or other payment or advantage under any provision of the relevant social security legislation;
the benefit, payment or advantage is one in respect of which there is another person ('the recipient') who for the time being has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
the change is not a change that is excluded by regulations from the changes that are required to be notified.
In a case where subsection (1C) above applies, the recipient is guilty of an offence if—
he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
the entitlement is one in respect of which he has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
he dishonestly fails to give a prompt notification of that change in the prescribed manner to the prescribed person.
In a case where that subsection applies, a person other than the recipient is guilty of an offence if—
he knows that the change affects an entitlement of the claimant to a benefit or other payment or advantage under a provision of the relevant social security legislation;
the entitlement is one in respect of which the recipient has a right to receive payments to which the claimant has, or (but for the arrangements under which they are payable to the recipient) would have, an entitlement; and
he dishonestly causes or allows the recipient to fail to give a prompt notification of that change in the prescribed manner to the prescribed person.
In any case where subsection (1C) above applies but the right of the recipient is confined to a right, by reason of his being a person to whom the claimant is required to make payments in respect of a dwelling, to receive payments of housing benefit—
a person shall not be guilty of an offence under subsection (1D) or (1E) above unless the change is one relating to one or both of the following—
the claimant's occupation of that dwelling;
the claimant's liability to make payments in respect of that dwelling; but
subsections (1D)(a) and (1E)(a) above shall each have effect as if after “knows” there were inserted “or could reasonably be expected to know”.
For the purposes of subsections (1A) to (1E) above a notification of a change is prompt if, and only if, it is given as soon as reasonably practicable after the change occurs.
For the purposes of subsections (1A) to (1G), references to—
a person being entitled to, or having a right to receive, a payment under a provision of the relevant social security legislation include references to a person being entitled to, or having a right to receive, or qualifying for, a non-benefit payment, and
a person’s entitlement to a payment under a provision of the relevant social security legislation include references to a person’s entitlement to, or qualification for, a non-benefit payment.
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A person guilty of an offence under this section shall be liable—
on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both; or
on conviction on indictment, to imprisonment for a term not exceeding seven years, or to a fine, or to both.
In the application of this section to Scotland in subsections (1) to (1E) for “dishonestly” substitute “knowingly”.
Where a person fails to produce any document or record, or provide any information, in accordance with— that person is liable to the penalties mentioned in subsection (2).
regulations under section 5(1)(i) and (5), so far as relating to statutory sick pay or statutory maternity pay,
regulations under section 130 or 132, or
regulations under section 153(5)(b) of the Contributions and Benefits Act,
The penalties are—
a penalty not exceeding £300, and
if the failure continues after a penalty is imposed under paragraph (a), a further penalty or penalties not exceeding £60 for each day on which the failure continues after the day on which the penalty under that paragraph was imposed (but excluding any day for which a penalty under this paragraph has already been imposed).
Where a person fails to maintain a record in accordance with regulations under section 130 or 132, he is liable to a penalty not exceeding £3,000.
No penalty may be imposed under subsection (1) at any time after the failure concerned has been remedied.
But subsection (4) does not apply to the imposition of a penalty under subsection (2)(a) in respect of a failure to produce any document or record in accordance with regulations under section 130(5) or 132(4).
Where, in the case of any employee, an employer refuses or repeatedly fails to make payments of statutory sick pay or statutory maternity pay in accordance with any regulations under section 5, the employer is liable to a penalty not exceeding £3,000.
Section 118(2) of the Taxes Management Act 1970 (extra time for compliance etc) applies for the purposes of subsections (1), (3) and (6) as it applies for the purposes of that Act.
Schedule 1 to the Employment Act 2002 (penalties relating to statutory paternity pay and statutory adoption pay: procedures and appeals) applies in relation to penalties imposed under this section (with the modifications set out in subsection (9)).
That Schedule applies as if—
references to a penalty under section 11 or 12 of that Act were to a penalty under this section,
in paragraph 1(2), the reference to section 11(2)(a) of that Act were to subsection (2)(a) of this section, and
the provisions of the Taxes Management Act 1970 having effect in relation to an appeal mentioned in paragraph 3(2) of that Schedule did not include section 50(9) of that Act.
Where a person fraudulently or negligently— he is liable to a penalty not exceeding £3,000.
makes any incorrect statement or declaration in connection with establishing entitlement to statutory sick pay or statutory maternity pay, or
produces any incorrect document or record or provides any incorrect information of a kind mentioned in—
regulations under section 5(1)(i) and (5), so far as relating to statutory sick pay or statutory maternity pay,
regulations under section 130 or 132, or
regulations under section 153(5)(b) of the Contributions and Benefits Act,
Where an employer fraudulently or negligently makes an incorrect payment of statutory sick pay or statutory maternity pay, he is liable to a penalty not exceeding £3,000.
Where an employer fraudulently or negligently receives an overpayment in pursuance of regulations under section 167 of the Contributions and Benefits Act (statutory maternity pay: advance payments to employers), he is liable to a penalty not exceeding £3,000.
Schedule 1 to the Employment Act 2002 (penalties relating to statutory paternity pay and statutory adoption pay: procedures and appeals) applies in relation to penalties imposed under this section (with the modifications set out in subsection (5)).
That Schedule applies as if—
references to a penalty under section 11 or 12 of that Act were to a penalty under this section, and
the provisions of the Taxes Management Act 1970 having effect in relation to an appeal mentioned in paragraph 3(2) of that Schedule did not include section 50(9) of that Act.
Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.
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This section applies where an overpayment is recoverable from a person by, or due from a person to, the Secretary of State or an authority under or by virtue of section 71, 71ZB 71A, 75 or 76 above and it appears to the Secretary of State or authority that—
the making of the overpayment was attributable to an act or omission on the part of that person; and
there are grounds for instituting against him proceedings for an offence (under this Act or any other enactment) relating to the overpayment.
This section also applies where —
it appears to the Secretary of State or an authority that there are grounds for instituting proceedings against a person for an offence (under this Act or any other enactment) relating to an act or omission on the part of that person in relation to any benefit, and
if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable from the person by, or due from the person to, the Secretary of State or an authority under or by virtue of section 71, 71ZB, 71A, 75 or 76 above.
This section also applies where—
an overpayment notice has been given to a person (“P”) under section 71ZJ (overpayment notice in relation to non-benefit payment), and
in relation to the overpayment notice, the condition in subsection (1C) is met.
The condition in this subsection is met where—
the time for P to seek a review of the overpayment notice under section 71ZK has passed without P seeking a review, or
if P sought a review of the notice within the time allowed, the review has taken place, and—
the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or
P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.
The Secretary of State or authority may give the person a written notice—
stating that he may be invited to agree to pay a penalty and that, if he does so in the manner specified by the Secretary of State or authority, no proceedings referred to in subsection (1) or (1A) above , or in relation to the overpayment notice referred to in subsection (1B), will be instituted against him; and
containing such information relating to the operation of this section as may be prescribed.
The amount of the penalty in a case falling within subsection (1) or (1B) is 50% of the amount of the overpayment (rounded down to the nearest whole penny), subject to—
a minimum amount of £350, and
a maximum amount of £5000.
The amount of the penalty in a case falling within subsection (1A) is £350.
The Secretary of State may by order amend—
the percentage for the time being specified in subsection (3);
any figure for the time being specified in subsection (3)(a) or (b) or (3A).
If the person agrees in the specified manner to pay the penalty—
the amount of the penalty shall be recoverable by the same methods as those by which the overpayment is or would have been recoverable; and
no proceedings will be instituted against him for an offence (under this Act or any other enactment) relating to the overpayment or to the act or omission referred to in subsection (1A)(a).
The person may withdraw his agreement to pay the penalty by notifying the Secretary of State or authority in the manner specified by the Secretary of State or authority, at any time during the period of 14 days beginning with the day on which he agrees to pay it; and if he does so—
so much of the penalty as has already been recovered shall be repaid; and
subsection (4)(b) above shall not apply.
In a case referred to in subsection (1) where, after the person has agreed to pay the penalty, it is decided on a review or appeal or in accordance with regulations that the overpayment is not recoverable or due so much of the penalty as has already been recovered shall be repaid.
In a case referred to in subsection (1) where, after the person has agreed to pay the penalty, the amount of the overpayment is revised on a review or appeal or in accordance with regulations— but if a new agreement is made under this section in relation to the revised overpayment, the amount already recovered by way of penalty, to the extent that it does not exceed the amount of the new penalty, may be treated as recovered under the new agreement instead of being repaid.
so much of the penalty as has already been recovered shall be repaid; and
subsection (4)(b) above shall no longer apply by reason of the agreement;
Subject to subsection (7B) below, the Secretary of State and an authority which administers housing benefit or council tax benefit may agree that, to the extent determined by the agreement, one may carry out on the other's behalf, or may join in the carrying out of, any of the other's functions under this section.
Subsection (7A) above shall not authorise any delegation of—
the function of the person by whom any overpayment is or would have been recoverable, or to whom it is or would have been due, of determining whether or not a notice should be given under subsection (2) above in respect of that overpayment; or
the Secretary of State's power to make regulations for the purposes of paragraph (b) of that subsection.
In this section , except in relation to a case referred to in subsection (1B), “overpayment” means— and the reference in subsection (1)(a) or (1A)(b) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit.
a payment which should not have been made;
a sum which the Secretary of State should have received;
an amount of benefit paid in excess of entitlement; or
an amount equal to an excess of benefit allowed;
In relation to a case referred to in subsection (1B), “overpayment” has the meaning given in section 71ZI(1).
This section applies where it appears to the Secretary of State or an authority that administers housing benefit or council tax benefit—
that there are grounds for instituting proceedings against any person ('the responsible person') for an offence (whether or not under this Act) in respect of any conduct; and
that the conduct in respect of which there are grounds for instituting the proceedings is conduct falling within subsection (2) below.
Conduct in respect of which there appear to be grounds for instituting proceedings falls within this subsection if—
those proceedings would be for an offence under this Act in connection with an inquiry relating to the employment of relevant employees or of any one or more particular relevant employees; or
it is conduct which was such as to facilitate the commission of a benefit offence or an offence in relation to an overpayment of a non-benefit payment by a relevant employee (whether or not such an offence was in fact committed).
The Secretary of State or authority may give to the responsible person a written notice—
specifying or describing the conduct in question;
stating that he may be invited to agree to pay a penalty in respect of that conduct;
stating that, if he does so in the manner specified by the Secretary of State or authority, no criminal proceedings will be instituted against him in respect of that conduct; and
containing such information relating to the operation of this section as may be prescribed.
If the recipient of a notice under subsection (3) above agrees, in the specified manner, to pay the penalty—
the amount of the penalty shall be recoverable from the recipient by the Secretary of State or authority; and
no criminal proceedings shall be instituted against the recipient in respect of the conduct to which the notice relates.
Sections 71ZC, 71ZD and 71ZE above apply in relation to amounts recoverable under subsection (4)(a) above as to amounts recoverable by the Secretary of State under section 71ZB above (and, where the notice is given by an authority administering housing benefit or council tax benefit, those sections so apply as if references to the Secretary of State were to that authority).
The amount of the penalty shall be—
in a case in which the conduct in question falls within paragraph (a) of subsection (2) above but not within paragraph (b) of that subsection, £1,000;
in a case in which that conduct falls within paragraph (b) of that subsection and the number of relevant employees by reference to whom it falls within that subsection is five or more, £5,000; and
in any other case, the amount obtained by multiplying £1,000 by the number of relevant employees by reference to whom that conduct falls within that subsection.
The responsible person may withdraw his agreement to pay a penalty under this section by notifying the Secretary of State or authority, in the manner specified by the Secretary of State or authority, at any time during the period of 14 days beginning with the day on which he agrees to pay it.
Where the responsible person withdraws his agreement in accordance with subsection (6) above—
so much of the penalty as has already been recovered shall be repaid; and
subsection (4)(b) above shall not apply.
For the purposes of this section an individual is a relevant employee in relation to any conduct of the responsible person if—
that conduct was at or in relation to a time when that individual was an employee of the responsible person;
that conduct was at or in relation to a time when that individual was an employee of a body corporate of which the responsible person is or has been a director; or
the responsible person, in engaging in that conduct, was acting or purporting to act on behalf of, in the interests of or otherwise by reason of his connection with, any person by whom that individual is or has been employed.
In this section—
Any person authorised by the Secretary of State in that behalf may conduct any proceedings under any provision of this Act other than section 114 or under any provision of the Jobseekers Act 1995 before a magistrates' court although not a barrister or solicitor.
Notwithstanding anything in any Act—
proceedings for an offence under this Act (other than proceedings to which paragraph (b) applies), or for an offence under the Jobseekers Act 1995, may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge or within a period of 12 months from the commission of the offence, whichever period last expires; and
proceedings brought by the appropriate authority for an offence under this Act relating to housing benefit or council tax benefit may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the appropriate authority to justify a prosecution for the offence, comes to the authority's knowledge or within a period of 12 months from the commission of the offence, whichever period last expires.
For the purposes of subsection (2) above—
a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge shall be conclusive evidence of that date; and
a certificate of the appropriate authority as to the date on which such evidence as is mentioned in paragraph (b) of that subsection came to the authority's knowledge shall be conclusive evidence of that date.
Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 111A above.
In subsections (2) and (3) above “the appropriate authority” means, in relation to an offence which relates to housing benefit and concerns any dwelling
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if it relates to a rent rebate, the authority who are the appropriate housing authority by virtue of section 134 below; and
if it relates to rent allowance, the authority who are the appropriate local authority by virtue of that section.
In subsection (2) and (3) above “the appropriate authority” means, in relation to an offence relating to council tax benefit, such authority as is prescribed in relation to the offence.
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In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) to (5A) above—
proceedings for an offence under this Act or the Jobseekers Act 1995 may, notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995, be commenced at any time within the period of 3 months from the date of which evidence, sufficient in the opinion of the Lord Advocate to justify proceedings, comes to his knowledge, or within the period of 12 months from the commission of the offence, whichever period last expires;
for the purposes of this subsection—
a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as is mentioned above came to his knowledge shall be conclusive evidence of that date; and
subsection (3) of section 136 of the said Act of 1995 (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.
this subsection shall not be taken to impose any restriction on the time when proceedings may be commenced for an offence under section 111A above;
In relation to proceedings for an offence under section 114 above, the references in subsections (2)(a) and (3)(a) to the Secretary of State shall have effect as references to the Inland Revenue.
This section applies to proceedings before a court—
for an offence under this Act or the Jobseekers Act 1995; or
involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or
for the recovery of any sums due to the Secretary of State, the Inland Revenue or the National Insurance Fund,
A decision of the Secretary of State which— shall be conclusive for the purposes of the proceedings.
falls within Part II of Schedule 3 to the Social Security Act 1998 (“the 1998 Act”; and
relates to or affects an issue arising in the proceedings,
If— the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.
any such decision is necessary for the determination of the proceedings; and
the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the 1998 Act,
a question has been raised with a view to a review of the Secretary of State’s decision under section 19 above,
Subsection (2) above does not apply where, in relation to the decision—
an appeal has been brought but not determined;
an application for leave to appeal has been made but not determined;
an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
an application has been made under section 9 or 10 of the 1998 Act.
In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.
This section applies to an authority administering housing benefit or council tax benefit.
The authority may not bring proceedings against a person for a benefit offence relating to either of those benefits unless—
the authority has already started an investigation in relation to that person in respect of the offence,
in a case where the proceedings relate to housing benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to council tax benefit, or has already brought proceedings against the person in respect of such an offence,
in a case where the proceedings relate to council tax benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to housing benefit, or has already brought proceedings against the person in respect of such an offence,
the proceedings arise in prescribed circumstances or are of a prescribed description, or
the Secretary of State has directed that the authority may bring the proceedings.
The Secretary of State may direct that in prescribed circumstances, an authority may not bring proceedings by virtue of subsection (2)(a), (b) or (c) despite the requirements in those provisions being met.
A direction under subsection (2)(e) or (3) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.
If the Secretary of State prescribes conditions for the purposes of this section, an authority may bring proceedings in accordance with this section only if any such condition is satisfied.
The Secretary of State may continue proceedings which have been brought by an authority in accordance with this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—
the proceedings were brought by virtue of subsection (2)(a), (b) or (c),
he makes provision under subsection (2)(d) which has the effect that the authority would no longer be entitled to bring the proceedings in accordance with this section,
he withdraws a direction under subsection (2)(e) in relation to the proceedings, or
a condition prescribed under subsection (5) ceases to be satisfied in relation to the proceedings.
In exercising a power to bring proceedings in accordance with this section, a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—
in determining whether the proceedings should be instituted;
in determining what charges should be preferred;
in considering what representations to make to a magistrates'court about mode of trial;
in determining whether to discontinue proceedings.
Regulations shall define “an investigation in respect of a benefit offence” for the purposes of this section.
This section does not apply to Scotland.
This section applies if an authority administering housing benefit or council tax benefit has power to bring proceedings for a benefit offence relating to that benefit.
The authority may bring proceedings for a benefit offence relating to any other relevant social security benefit only if— and a direction under paragraph (b) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.
the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Secretary of State prescribes for the purposes of this paragraph, or
the Secretary of State has directed that the authority may bring the proceedings,
If the Secretary of State prescribes conditions for the purposes of this section, an authority must not bring proceedings under this section unless any such condition is satisfied.
The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—
he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section,
he withdraws a direction under subsection (2)(b) in relation to the proceedings, or
a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings.
In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—
in determining whether the proceedings should be instituted;
in determining what charges should be preferred;
in considering what representations to make to a magistrates' court about mode of trial;
in determining whether to discontinue proceedings.
An authority must not bring proceedings for a benefit offence which does not relate to housing benefit or council tax benefit otherwise than in accordance with this section.
In subsection (2), “relevant social security benefit” has the same meaning as in section 121DA below.
This section does not apply to Scotland.
This section applies to proceedings before a court—
for an offence under this Act or the Jobseekers Act 1995; or
involving any question as to the payment of contributions (other than a Class 4 contribution recoverable in accordance with section 15 of the Contributions and Benefits Act); or
for the recovery of any sums due to the Inland Revenue or the National Insurance Fund.
A decision of an officer of the Inland Revenue which—
falls within section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and
relates to or affects an issue arising in the proceedings, shall be conclusive for the purposes of the proceedings.
If— the decision shall be referred to such an officer to be made in accordance (subject to any necessary modifications) with Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
any such decision is necessary for the determination of the proceedings, and
the decision of an officer of the Inland Revenue has not been obtained under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999,
Subsection (2) above does not apply where, in relation to the decision—
an appeal has been brought but not determined;
an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or
an application for variation of the decision has been made under regulations made under section 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.
This section applies where—
a person negligently makes an incorrect statement or representation, or negligently gives incorrect information or evidence—
in or in connection with a claim for a relevant social security benefit, or
in connection with an award of a relevant social security benefit,
the person fails to take reasonable steps to correct the error,
the error results in the making of an overpayment, and
the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment.
A penalty of a prescribed amount may be imposed by the appropriate authority—
in any case, on the person;
in a case where the person (“A”) is making, or has made, a claim for the benefit for a period jointly with another (“B”), on B instead of A.
Subsection (2)(b) does not apply if B was not, and could not reasonably be expected to have been, aware that A had negligently made the incorrect statement or representation or given the incorrect information or evidence.
A penalty imposed under subsection (2) is recoverable by the appropriate authority from the person on whom it is imposed.
Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Secretary of State under section 71ZB (and, where the appropriate authority is not the Secretary of State, those sections so apply as if references to the Secretary of State were to that authority).
In this section and section 115D—
A penalty of a prescribed amount may be imposed on a person by the appropriate authority where—
the person, without reasonable excuse, fails to provide information or evidence in accordance with requirements imposed on the person by the appropriate authority in connection with a claim for, or an award of, a relevant social security benefit,
the failure results in the making of an overpayment, and
the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment.
A penalty of a prescribed amount may be imposed on a person by the appropriate authority where—
the person, without reasonable excuse, fails to notify the appropriate authority of a relevant change of circumstances in accordance with requirements imposed on the person under relevant social security legislation,
the failure results in the making of an overpayment, and
the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment.
Where a person is making, or has made, a claim for a benefit for a period jointly with another, and both of them fail as mentioned in subsection (1) or (2), only one penalty may be imposed in respect of the same overpayment.
A penalty imposed under subsection (1) or (2) is recoverable by the appropriate authority from the person on whom it is imposed.
Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Secretary of State under section 71ZB (and, where the appropriate authority is not the Secretary of State, those sections so apply as if references to the Secretary of State were to that authority).
In this section “relevant change of circumstances”, in relation to a person, means a change of circumstances which affects any entitlement of the person to any benefit or other payment or advantage under any provision of the relevant social security legislation.
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to him; or
to the best of his knowledge and belief, to any other person to whom it might lawfully be paid,
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A statutory declaration by an officer of the Inland Revenue that the searches specified in the declaration ... for a record of the payment of a particular contribution have been made, and that ... a record of the payment of the contribution in question has not been found, is admissible in any proceedings for an offence as evidence of the facts stated in the declaration.
Nothing in subsection (4) above makes a statutory declaration admissible as evidence in proceedings for an offence except in a case where, and to the extent to which, oral evidence to the like effect would have been admissible in those proceedings.
Nothing in subsections (4) and (5) above makes a statutory declaration admissible as evidence in proceedings for an offence—
unless a copy of it has, not less than 7 days before the hearing or trial, been served on the person charged with the offence in any manner in which a summons or, in Scotland, a citation in a summary prosecution may be served; or
if that person, not later than 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, gives notice to the prosecutor requiring the attendance at the trial of the person by whom the declaration was made.
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Where— he shall be liable to pay to the Inland Revenue a sum equal to the amount which he failed to pay.
a person has been convicted of any offence under section 114(1) above of failing to pay a contribution at or within the time prescribed for the purpose; and
the contribution remains unpaid at the date of the conviction,
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a person is convicted of an offence—
under section 114(3)(b) above; or
under section 13 of the Stamp Duties Management Act 1891 as applied by regulations made under paragraph 7(3) of Schedule 1 to the Contributions and Benefits Act; or
of contravening or failing to comply with regulations; and
the evidence on which he is convicted shows that he, for the purposes of paying any contribution which he was liable or entitled to pay, has affixed to any contribution card any used contribution stamp; and
the contribution (not being a Class 3 contribution) in respect of which the stamp was affixed remains unpaid at the date of the conviction,
Subject to and in accordance with subsections (2) to (5) below, where a person is convicted of an offence mentioned in section 119(1) ... above, evidence may be given of any previous failure by him to pay contributions within the time prescribed for the purpose; and in those subsections “the conviction” and “the offence” mean respectively the conviction referred to in this subsection and the offence of which the person is convicted.
Such evidence may be given only if notice of intention to give it is served with the summons or warrant or, in Scotland, the complaint on which the person appeared before the court which convicted him.
If the offence is one of failure to pay a Class 1 contribution, evidence may be given of failure on his part to pay (whether or not in respect of the same person) such contributions or any Class 1A or Class 1B contributions or contributions equivalent premiums on the date of the offence, or during the 6 years preceding that date.
If the offence is one of failure to pay Class 1A contribution, evidence may be given of failure on his part to pay (whether or not in respect of the same person or the same amount) such contributions, or any Class 1 or Class 1B contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date.
If the offence— evidence may be given of his failure to pay such contributions during those 6 years.
is one of failure to pay Class 2 contributions; ...
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If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date.
On proof of any matter of which evidence may be given under subsection (3), (4), (4A) or (5) above, the person convicted shall be liable to pay to the Inland Revenue a sum equal to the total of all amounts which he is so proved to have failed to pay and which remain unpaid at the date of the conviction.
Where in England and Wales a person charged with an offence mentioned in section 119(1) ... above is convicted of that offence in his absence under section 12(5) of the Magistrates' Courts Act 1980, then if— section 120 above shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly.
it is proved to the satisfaction of the court, on oath or in the manner prescribed by Criminal Procedure Rules, that notice under section 120(2) above has been duly served specifying the other contributions in respect of which the prosecutor intends to give evidence; and
the designated officer for the court has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other contributions so specified or any of them,
In England and Wales, where a person is convicted of an offence mentioned in section 119(1) ... above and an order is made under section 79 or 80 of the Sentencing Code discharging him absolutely or conditionally, sections 119 and 120 above, and subsection (1) above, shall apply as if it were a conviction for all purposes.
In Scotland, where a person is convicted on indictment of, or is charged before a court of summary jurisdiction with, any such offence, and an order is made under Part I of the Criminal Procedure (Scotland) Act 1975 discharging him absolutely or placing him on probation, sections 119 and 120 above shall apply as if—
the conviction on indictment were a conviction for all purposes; or
(as the case may be) the making of the order by the court of summary jurisdiction were a conviction.
In England and Wales, any sum which a person is liable to pay under section 119 or 120 above or under subsection (1) above shall be recoverable from him as a penalty.
Sums recovered by the Inland Revenue under the provisions mentioned in subsection (4) above, so far as representing contributions of any class, are to be treated for all purposes of the Contributions and Benefits Act and this Act (including in particular the application of section 162 below) as contributions of that class received by the Inland Revenue.
Without prejudice to subsection (5) above, in so far as such sums represent primary Class 1 or Class 2 contributions, they are to be treated as contributions paid in respect of the person in respect of whom they were originally payable; and enactments relating to earnings factors shall apply accordingly.
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This section applies to contributions which a body corporate is liable to pay, where-
the body corporate has failed to pay the contributions at or within the time prescribed for the purpose; and
the failure appears to the Inland Revenue to be attributable to fraud or neglect on the part of one or more individuals who, at the time of the fraud or neglect, were officers of the body corporate (“culpable officers”).
The Inland Revenue may issue and serve on any culpable officer a notice (a “personal liability notice”)-
specifying the amount of the contributions to which this section applies (“the specified amount”);
requiring the officer to pay to the Inland Revenue—
a specified sum in respect of that amount; and
specified interest on that sum; and
where that sum is given by paragraph (b) of subsection (3) below, specifying the proportion applied by the Inland Revenue for the purposes of that paragraph.
The sum specified in the personal liability notice under subsection (2)(b)(i) above shall be—
in a case where there is, in the opinion of the Inland Revenue, no other culpable officer, the whole of the specified amount; and
in any other case, such proportion of the specified amount as, in the opinion of the Inland Revenue, the officer's culpability for the failure to pay that amount bears to that of all the culpable officers taken together.
In assessing an officer's culpability for the purposes of subsection (3)(b) above, the Inland Revenue may have regard both to the gravity of the officer's fraud or neglect and to the consequences of it.
The interest specified in the personal liability notice under subsection (2)(b)(ii) above shall be at the Class 1 rate on the Class 1 element of the specified sum, and otherwise at the prescribed rate, and shall run from the date on which the notice is issued.
An officer who is served with a personal liability notice shall be liable to pay to the Inland Revenue the sum and the interest specified in the notice under subsection (2)(b) above.
Where, after the issue of one or more personal liability notices, the amount of contributions to which this section applies is reduced by a payment made by the body corporate-
the amount that each officer who has been served with such a notice is liable to pay under this section shall be reduced accordingly;
the Inland Revenue shall serve on each such officer a notice to that effect; and
where the reduced liability of any such officer is less than the amount that he has already paid under this section, the difference shall be repaid to him together with interest on it at the Class 1 rate on the Class 1 element of it and otherwise at the prescribed rate.
Any amount paid under a personal liability notice shall be deducted from the liability of the body corporate in respect of the specified amount.
The amount which an officer is liable to pay under this section is to be recovered in the same manner as a Class 1 contribution to which regulations under paragraph 6 of Schedule 1 to the Contributions and Benefits Act apply and for this purpose references in those regulations to Class 1 contributions are to be construed accordingly.
In this section—
No appeal shall lie in relation to a personal liability notice except as provided by this section.
An individual who is served with a personal liability notice may appeal ... against the Inland Revenue's decision as to the issue and content of the notice on the ground that—
the whole or part of the amount specified under subsection (2)(a) of section 121C above (or the amount so specified as reduced under subsection (7) of that section) does not represent contributions to which that section applies;
the failure to pay that amount was not attributable to any fraud or neglect on the part of the individual in question;
the individual was not an officer of the body corporate at the time of the alleged fraud or neglect; or
the opinion formed by the Inland Revenue under subsection (3)(a) or (b) of that section was unreasonable.
The Inland Revenue shall give a copy of any notice of an appeal under this section, within 28 days of the giving of the notice, to each other individual who has been served with a personal liability notice.
On an appeal under this section, the burden of proof as to any matter raised by a ground of appeal shall be on the Inland Revenue.
Where an appeal under this section— and is notified to the tribunal, the tribunal shall either dismiss the appeal or remit the case to the Inland Revenue, with any recommendations the tribunal sees fit to make, for the Inland Revenue to consider whether to vary their decision as to the issue and content of the personal liability notice.
is brought on the basis of evidence not considered by the Inland Revenue, or on the ground mentioned in subsection (2)(d) above; and
is not allowed on some other basis or ground,
In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “officer”, in relation to a body corporate, has the same meaning as in section 121C above; “personal liability notice” has the meaning given by subsection (2) of that section; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “tribunal” means the First-tier Tribunal or, where determined under Tribunal Procedure Rules, the Upper Tribunal; “vary” means vary under regulations made under section 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, ... statutory sick pay or statutory maternity pay, that is to say—
the Contributions and Benefits Act;
this Act;
the Pensions Act, except Part III;
section 4 of the Social Security (Incapacity for Work) Act 1994;
the Jobseekers Act 1995;
the Social Security (Recovery of Benefits) Act 1997;
Parts I and IV of the Social Security Act 1998;
Part V of the Welfare Reform and Pensions Act 1999;
the State Pension Credit Act 2002;
Part 1 of the Welfare Reform Act 2007;
Part 1 of the Welfare Reform Act 2012;
Part 4 of that Act;
Part 1 of the Pensions Act 2014;
Part 5 of the Pensions Act 2014;
the Social Security Pensions Act 1975;
the Social Security Act 1973;
any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above.
In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.
For the purposes of this Part—
references to a document include references to anything in which information is recorded in electronic or any other form;
the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice—
are transmitted to the recipient of the notice by electronic means; and
are received by him in a form that is legible and capable of being recorded for future reference.
In this Part “premises” includes— and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.
moveable structures and vehicles, vessels, aircraft and hovercraft;
installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
places of all other descriptions whether or not occupied as land or otherwise;
In this Part—
In this Part—
any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and
any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it.
In this section “relevant social security benefit” means a benefit under any provision of the relevant social security legislation; and “subordinate legislation” has the same meaning as in the Interpretation Act 1978.
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No obligation as to secrecy imposed by statute or otherwise on a person employed in relation to the Inland Revenue shall prevent information obtained or held in connection with the assessment or collection of income tax from being disclosed—
to the Secretary of State;
to the Northern Ireland Department; or
to an officer of either of them authorised to receive such information in connection with the operation of the Contributions and Benefits Act or this Act or any enactment of Northern Ireland legislation corresponding to either of them.
In relation to persons who are carrying on or have carried on a trade, profession or vocation income from which is chargeable to tax under Case I or II of Schedule D, disclosure under subsection (1) above relating to that trade, profession or vocation shall be limited to information about the commencement or cessation of, and employed earners engaged in, the trade, profession or vocation, but sufficient information may also be given to identify the persons concerned.
Subsection (1) above extends only to disclosure by or under the authority of the Commissioners of Inland Revenue; and information which is subject to disclosure to any person by virtue of that subsection shall not be further disclosed to any person except where the further disclosure is made—
to a person to whom disclosure could by virtue of that subsection have been made by or under the authority of the Commissioners of Inland Revenue; or
for the purposes of proceedings (civil or criminal) in connection with the operation of the Contributions and Benefits Act or this Act or of any enactment of Northern Ireland legislation corresponding to either of them; or
for any purposes of sections 17 to 62 above and any corresponding provisions of Northern Ireland legislation.
Schedule 3B makes provision about a power for the Secretary of State to obtain information for the purposes of assisting in identifying incorrect payments of certain benefits.
The Secretary of State must appoint an independent person to carry out reviews of the exercise of the Secretary of State’s functions under Schedule 3B (eligibility verification).
After each review, the independent person must as soon as practicable—
prepare a report, and
submit the report to the Secretary of State.
On receiving a report, the Secretary of State must—
publish it, and
lay a copy before Parliament.
The first review must relate to the period of 12 months beginning with the day on which section 78 of the Public Authorities (Fraud, Error and Recovery) Act 2025 comes fully into force.
Subsequent reviews must relate to subsequent periods of 12 months.
Each review must consider the extent to which—
the Secretary of State’s exercise of powers under Schedule 3B has complied with the requirements of the Schedule and any code of practice in force under Part 5 of the Schedule during the period,
the actions taken by persons given an eligibility verification notice have complied with the requirements of Schedule 3B, and
the exercise of the Secretary of State’s powers under Schedule 3B has been effective in assisting in identifying incorrect payments of relevant benefits during the period covered by the review.
Regulations may confer functions on a person for the purposes of securing compliance with subsections (1) to (6).
The Secretary of State must disclose information to the independent person appointed under section 121DC(1), or to a person acting on behalf of the independent person, where the information is reasonably required for the purposes of reviews being carried out under section 121DC.
Subsection (1) does not authorise the disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
A disclosure of information under subsection (1) (as read subject to subsection (2)) does not breach—
any obligation of confidence owed by the person making the disclosure, or
any other restriction on the disclosure of information (however imposed).
A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person.
A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information—
which he acquired in the course of his employment;
which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 4 to this Act or Part I of Schedule 4 to the Northern Ireland Administration Act; and
which relates to a particular person.
It is not an offence under this section—
to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or
to disclose information which has previously been disclosed to the public with lawful authority.
It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence—
he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or
he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or
on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both.
For the purposes of this section the persons who are “employed in social security administration or adjudication” are— and “employment”, in relation to any such person, shall be construed accordingly.
any person specified in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Northern Ireland;
any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and
any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies;
For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 4 to this Act or any corresponding enactment having effect in Northern Ireland to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Northern Ireland, and for this purpose “government department” shall be taken to include—
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the Scottish Courts Administration.
the Scottish Administration;
Subsection (6) above shall have effect as if any health care professional who, for the purposes of section 19 of the Social Security Act 1998, is provided by any person in pursuance of a contract entered into with the Secretary of State were specified in Part I of Schedule 4 to this Act.
For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are— and “employment”, in relation to any such person, shall be construed accordingly.
the Comptroller and Auditor General;
the Comptroller and Auditor General for Northern Ireland;
any member or employee of the National Audit Office;
the Parliamentary Commissioner for Administration;
any other person who carries out the administrative work of the National Audit Office, or who provides, or is employed in the provision of, services to that Office;
the Northern Ireland Parliamentary Commissioner for Administration;
the Health Service Commissioner for England;
the Auditor General for Wales and any member of his staff;
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any member of the staff of the Wales Audit Office, and any person providing services to that Office;
the Scottish Public Services Ombudsman;
the Northern Ireland Commissioner for Complaints;
any member of the staff of ... the Northern Ireland Audit Office;
any other person who carries out the administrative work of the Northern Ireland Audit Office, or who provides, or is employed in the provision of, services to that Office; ...
any officer of any of the Commissioners, Ombudsman or Commissions referred to in paragraphs (c) to (ha), (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above;
a member of the Local Commission for England;
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the Public Services Ombudsman for Wales and any member of his staff;
the following persons—
any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983, or
any other person who carried out the administrative work of that Office, or who provided, or who was employed in the provision of, services to that Office;
a local auditor within the meaning of the Local Audit and Accountability Act 2014;
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a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the Local Government (Scotland) Act 1973;
a Northern Ireland local government auditor; and
For the purposes of this section a disclosure is to be regarded as made with lawful authority, if, and only if, it is made— and in this subsection “the person responsible” means the Secretary of State, the Lord Chancellor or any person authorised by the Secretary of State or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Northern Ireland.
in accordance with his official duty—
by a civil servant; or
by a person employed in the audit of expenditure or the investing-action of complaints, who does not fall within subsection (8)(j) above;
by any other person either—
for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or
to, or in accordance with an authorisation duly given by, the person responsible;
in accordance with any enactment or order or a court;
for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 4 to this Act or Part I of Schedule 4 to the Northern Ireland Administration Act; or
with the consent of the appropriate person;
For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with— the appropriate person is the attorney, ... controller, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates.
under a power of attorney;
by ... a controller appointed under Article 101 of the Mental Health (Northern Ireland) Order 1986;
by a Scottish mental health custodian, that is to say a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4);
a curator bonis, tutor or judicial factor, or
the managers of a hospital acting on behalf of that person under section 94 of the Mental Health (Scotland) Act 1984; or
by a mental health appointee, that is to say—
a person directed or authorised as mentioned in ... sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the Supreme Court (Northern Ireland) 1980; or
... a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1),
Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is— with power in that respect.
a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or
a deputy appointed for him, or any other person authorised, by the Court of Protection,
This section applies to information which is held for the purposes of functions relating to contributions, health in pregnancy grant, statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act—
by the Inland Revenue, or
by a person providing services to them, in connection with the provision of those services.
Information to which this section applies may, and ... must if an authorised officer so requires, be supplied— for use for the purposes of functions relating to ... war pensions ...
to the Secretary of State, or
to a person providing services to the Secretary of State,
Information to which this section applies may, and ... must if an authorised officer so requires, be supplied— for use for the purposes of functions relating to ... child support ...
to the Northern Ireland Department, or
to a person providing services to that Department,
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In this section “authorised officer” means an officer of the Secretary of State or the Northern Ireland Department authorised for the purposes of this section by the Secretary of State or the Northern Ireland Department.
This section applies to information which is held for the purposes of functions relating to ... war pensions ...—
by the Secretary of State, or
by a person providing services to the Secretary of State, in connection with the provision of those services.
This section also applies to information which is held for the purposes of functions relating to ... child support, war pensions ...—
by the Northern Ireland Department, or
by a person providing services to that Department, in connection with the provision of those services.
Information to which this section applies may, and ... must if an officer of the Inland Revenue authorised by the Inland Revenue for the purposes of this section so requires, be supplied— for use for the purposes of functions relating to contributions, health in pregnancy grant, ... statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act.
to the Inland Revenue, or
to a person providing services to the Inland Revenue,
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Regulations made by the Registrar General under section 20 of the Registration Service Act 1953 or section 54 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 may provide for the furnishing by superintendent registrars and registrars, subject to the payment of such fee as may be prescribed by the regulations, of such information for the purposes— including copies of extracts from the registers in their custody (or in the case of marriages converted from civil partnerships, copies or extracts from the register of conversions), as may be so prescribed.
of the provisions of the Contributions and Benefits Act to which this section applies;
of the provisions of this Act so far as they have effect in relation to matters arising under those provisions,
of the provisions of Parts I and II of the Jobseekers Act 1995;
of the provisions of the State Pension Credit Act 2002;
of the provisions of Part 1 of the Welfare Reform Act 2007; ...
of the provisions of Part 1 of the Welfare Reform Act 2012;
of the provisions of Part 4 of that Act;
of the provisions of Part 1 of the Pensions Act 2014; and
of section 30 of the Pensions Act 2014; and
This section applies to the following provisions of the Contributions and Benefits Act—
Parts I to VI except section 108;
Part VII, so far as it relates to income support ... ;
Part VIII, so far as it relates to any social fund payment such as is mentioned in section 138(1)(a) or (2);
Part IX;
Part XI; and
Part XII.
Where the age, marriage or death of a person is required to be ascertained or proved for the purposes mentioned in subsection (1) above, any person— shall be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars.
on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths in which particulars of the birth, marriage or death (as the case may be) of the first-mentioned person are entered, a duly completed requisition in writing in that behalf; and
on payment of the appropriate fee in England and Wales and a fee of £10.00 in Scotland,
Requisitions for the purposes of subsections (3) and (3A) above shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms of requisition shall, on request, be supplied without charge by superintendent registrars and registrars.
Where it is required to be ascertained or proved for the purposes mentioned in subsection (1) above, that a civil partnership has been converted into a marriage, any person— is entitled to obtain a copy, certified under the hand of the superintendent registrar, of the entry relating to that marriage in the register of conversions.
on presenting to the superintendent registrar in whose district the conversion took place, a duly completed requisition in writing in that behalf; and
on payment of the appropriate fee;
In the section—
Regulations made with the concurrence of the Inland Revenue may provide that it shall be the duty of any of the following persons— to furnish the Secretary of State, or the Inland Revenue, for the purposes of their respective functions under the Contributions and Benefits Act , the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997 , the Social Security Act 1998 , the State Pension Credit Act 2002 , Part 1 of the Welfare Reform Act 2007 , Part 1 of the Welfare Reform Act 2012 , Part 4 of that Act , Part 1 of the Pensions Act 2014 , section 30 of that Act and this Act and the functions of the Northern Ireland Department under any Northern Ireland legislation corresponding to any of those Acts, with the prescribed particulars of such deaths as may be prescribed.
the Registrar General for England and Wales;
the Registrar General of Births, Deaths and Marriages for Scotland;
each registrar of births and deaths,
The regulations may make provision as to the manner in which the times at which the particulars are to be furnished.
Regulations made by the Registrar General under section 36 of the Civil Partnership Act 2004 may provide for the furnishing by registration authorities, subject to the payment of the prescribed fee, of such information for the purposes mentioned in section 124(1) above as may be so prescribed.
Where the civil partnership of a person is required to be ascertained or proved for those purposes, any person— shall be entitled to obtain a certified copy of such entries in the register as are prescribed by regulations made under section 36 of the 2004 Act.
on presenting to the registration authority for the area in which the civil partnership was formed a request in the prescribed manner in that behalf, and
on payment of the prescribed fee,
“The prescribed fee” means any fee prescribed under section 34(1) of the 2004 Act.
“The prescribed manner” means— and forms for making a request under subsection (2) shall, on request, be supplied without charge by registration authorities.
in accordance with any regulations made under section 36 of the 2004 Act, and
in such form as is approved by the Registrar General for England and Wales,
Where the civil partnership of a person is required to be ascertained or proved for the purposes mentioned in section 124(1) above, any person, on presenting to a district registrar a request in the approved manner in that behalf, and on payment of the sum of £10.00, shall be entitled to obtain a copy, certified by the registrar, of the entry in the civil partnership register of the particulars of the civil partnership.
“The approved manner” means in such form and containing such particulars as may be approved by the Registrar General for Scotland.
Forms for making a request under subsection (1) shall, on request, be supplied without charge by district registrars.
“Civil partnership register” has the same meaning as in Part 3 of the Civil Partnership Act 2004.
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No obligation as to secrecy imposed by statue or otherwise on Revenue and Customs officials (within the meaning of section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality) shall prevent information held for the purposes of the functions of Her Majesty’s Revenue and Customs in relation to contributions, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay, statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay from being disclosed—
to any of the authorities to which this paragraph applies, or any person authorised to exercise any function of that authority, for the purposes of the functions of that authority, or
in a case where the disclosure is necessary for the purpose of giving effect to any agreement to which an order under section 179(1) below relates.
The authorities to which subsection (1)(a) above applies are—
the Health and Safety Executive,
the Government Actuary's Department,
the Statistics Board and
the Pensions Regulator.
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The personal representatives of a person who was in receipt of universal credit income support , an income-based jobseeker's allowance , state pension credit , an income-related employment and support allowance or supplementary benefit at any time before his death shall provide the Secretary of State with such information as he may require relating to the assets and liabilities of that person's estate.
If the personal representatives fail to supply any information within 28 days of being required to do so under subsection (1) above, then—
the appropriate court may, on the application of the Secretary of State, make an order directing them to supply that information within such time as may be specified in the order, and
any such order may provide that all costs (or, in Scotland, expenses) of and incidental to the application shall be borne personally by any of the personal representatives.
In this section “the appropriate court” means— and any application to the sheriff under this section shall be made by summary application.
in England and Wales, the county court;
in Scotland, the sheriff;
This section applies to information which is held by, or by a person providing services to, a Minister of the Crown or a government department (including a Northern Ireland Department) and which relates to—
passports, immigration and emigration, nationality or prisoners; or
any other matter which is prescribed.
Information to which this section applies may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department—
for use in the prevention, detection, investigation or prosecution of offences relating to social security or tax credits; or
for use in checking the accuracy of information relating to benefits, ... or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.
Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—
it could be supplied to that person or body under that subsection
it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act 1995, the Jobseekers Act 1995 , the Tax Credits Act 2002 , Part 1 of the Welfare Reform Act 2007 , Part 1 of the Welfare Reform Act 2012 , Part 4 of that Act , Part 1 of the Pensions Act 2014 , section 30 of that Act or this Act or to any provision of Northern Ireland legislation corresponding to any of them; ...
it is supplied under section 122C below or
it is supplied under section 127 of the Welfare Reform Act 2012.
But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—
supplied to any person or body to whom that other information could be supplied; or
used for any purpose for which that other information could be used.
This section does not limit the circumstances in which information may be supplied apart from this section.
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The Secretary of State may supply to authorities such information of a prescribed description obtained by reason of the exercise of any of his functions under the Contributions and Benefits Act or this Act as they may require in connection with any of their functions relating to housing benefit.
Authorities shall supply to the Secretary of State such information of a prescribed description obtained by reason of the exercise of their functions relating to housing benefit as he may require in connection with any of his functions under the Contributions and Benefits Act or this Act.
It shall also be the duty of an authority to supply the Secretary of State, in the prescribed manner and within the prescribed time—
with such information as he may require concerning their performance of any of their functions relating to housing benefit; and
with such information as he may require to enable him—
to prepare estimates of likely future amounts of housing benefit expenditure; and
to decide questions relating to the development of housing benefit policy.
This section applies to information relating to social security, child support or war pensions, or employment or training, which is held—
by the Secretary of State or the Northern Ireland Department; or
by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.
Information to which this section applies may be supplied to— for use in the administration of such a benefit or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above.
an authority administering housing benefit or council tax benefit; or
a person authorised to exercise any function of such an authority relating to such a benefit,
But where information to which this section applies has been supplied to the Secretary of State, the Northern Ireland Department or the person providing services under section 122 or 122B above, it may only be supplied under subsection (2) above—
for use in the prevention, detection, investigation or prosecution of benefit offences (within the meaning of Part 6 above); or
for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.
The Secretary of State or the Northern Ireland Department—
may impose conditions on the use of information supplied under subsection (2) above; and
may charge a reasonable fee in respect of the cost of supplying information under that subsection.
Where information is supplied to an authority or other person under subsection (2) above, the authority or other person shall have regard to it in the exercise of any function relating to housing benefit or council tax benefit.
Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—
it is supplied—
by an authority to a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit; or
by a person authorised to exercise any function of an authority relating to such a benefit to the authority;
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 2007, Part 4 of the Welfare Reform Act 2012 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or
it is supplied under section 122D or 122E below.
This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 122(4) or 122B(4) above).
In this section and section 122D below “war pension” has the same meaning as in section 25 of the Social Security Act 1989.
The Secretary of State or the Northern Ireland Department may require— to supply relevant benefit information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for any purpose relating to social security, child support or war pensions, employment or training, private pensions policy or retirement planning.
an authority administering housing benefit or council tax benefit; or
a person authorised to exercise any function of such an authority relating to such a benefit,
The Secretary of State or the Northern Ireland Department may require— to supply benefit policy information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department.
an authority administering housing benefit or council tax benefit; or
a person authorised to exercise any function of such an authority relating to such a benefit,
Information supplied under subsection (2), in addition to any other purpose for which the information may be used, may be used for any purpose relating to private pensions policy or retirement planning.
Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department.
In subsection (1) “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the authority or other person.
In subsection (2) above “benefit policy information” means any information which may be relevant to the Secretary of State or the Northern Ireland Department—
in preparing estimates of likely future expenditure on any relevant social security benefit; or
in developing policy relating to any relevant social security benefit.
In this section— “private pensions policy” means policy relating to occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993); “relevant social security benefit” has the same meaning as in section 121DA above; “retirement planning” means promoting financial planning for retirement.
This section applies to relevant benefit information which is held by—
an authority administering housing benefit or council tax benefit; or
a person authorised to exercise any function of such an authority relating to such a benefit.
Information to which this section applies may be supplied to another such authority or person—
for use in the prevention, detection, investigation or prosecution of benefit offences (within the meaning of Part 6 above); or
for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.
The Secretary of State or the Northern Ireland Department may require information to which this section applies and which is of a prescribed description to be supplied in prescribed circumstances to another such authority or person for use in the administration of housing benefit or council tax benefit.
Information shall be supplied under subsection (3) above in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department.
Where information supplied under subsection (2) or (3) above has been used in amending or supplementing other information, it is lawful for it to be—
supplied to any person or body to whom that other information could be supplied; or
used for any purpose for which that other information could be used.
In this section “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit (within the meaning of section 121DA above) by the authority or other person.
This section does not limit the circumstances in which information may be supplied apart from this section.
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The Secretary of State may supply to charging authorities and levying authorities such information of a prescribed description obtained by reason of the exercise of any of his functions under the Contributions and Benefits Act or this Act as they may require in connection with any of their functions relating to community charge benefits.
Charging authorities and levying authorities shall supply to the Secretary of State such information of a prescribed description obtained by reason of the exercise of their functions relating to community charge benefits as he may require in connection with any of his functions under those Acts.
It shall also be the duty of each charging authority and of each levying authority to supply the Secretary of State, in the prescribed manner and within the prescribed time—
with such information as he may require concerning its performance of any of its functions relating to community charge benefits;
with such information as he may require to enable him to prepare estimates of likely future amounts of community charge benefit subsidy; and
with such information as he may require to enable him to decide questions relating to the development of policy as regards community charge benefits.
The Secretary of State may require a rent officer to supply benefit information held by the rent officer to, or to a person providing services to, the Secretary of State for use for purposes relating to any of the following—
social security;
child support;
war pensions;
employment or training;
private pensions policy or retirement planning.
Information must be supplied under subsection (1) in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State.
A person who receives information by virtue of subsection (1) must not disclose the information to any person unless the disclosure is made—
for a purpose mentioned in that subsection (including disclosure to another rent officer in connection with any function he has under section 122 of the Housing Act 1996 relating to universal credit housing benefit),
in accordance with any other enactment, or
in accordance with the order of a court.
Benefit information is any information which relates to the exercise by the rent officer of any function he has under section 122 of the Housing Act 1996 relating to universal credit housing benefit.
Where the Secretary of State considers that it is reasonable for information held by him to be disclosed to an employer, for the purpose of enabling that employer to determine the duration of a period of entitlement under Part XI of the Contributions and Benefits Act in respect of an employee, or whether such a period exists, he may disclose the information to that employer.
Regulations may make provision requiring an employer, in a case falling within subsection (3) below to furnish information in connection with the making, by a person who is, or has been, an employee of that employer, of a claim for—
short term incapacity benefit;
universal credit;
a maternity allowance;
long-term incapacity benefit;
industrial injuries benefit; ...
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an employment and support allowance.
Regulations under this section shall prescribe—
the kind of information to be furnished in accordance with the regulations;
the person to whom information of the prescribed kind is to be furnished; and
the manner in which, and period within which, it is to be furnished.
The cases are—
where, by virtue of paragraph 2 of Schedule 11 to the Contributions and Benefits Act or of regulations made under paragraph 1 of that Schedule, a period of entitlement does not arise in relation to a period of incapacity for work;
where a period of entitlement has come to an end but the period of incapacity for work which was running immediately before the period of entitlement came to an end continues; and
where a period of entitlement has not come to an end but, on the assumption that— the period of entitlement will have ended on or before the end of the prescribed period.
the period of incapacity for work in question continues to run for a prescribed period; and
there is no material change in circumstances,
Regulations made with the concurrence of the Inland Revenue—
may require employers to maintain such records in connection with statutory sick pay as may be prescribed;
may provide for— to furnish to the Secretary of State or the Inland Revenue (as the regulations may require), within a prescribed period, any information required for the determination of any question arising in connection therewith; and
any person claiming to be entitled to statutory sick pay; or
any other person who is a party to proceedings arising under Part XI of the Contributions and Benefits Act,
may require employers who have made payments of statutory sick pay to furnish to the Secretary of State or the Inland Revenue (as the regulations may require) such documents and information, at such times, as may be prescribed.
Regulations made with the concurrence of the Inland Revenue may require employers to produce wages sheets and other documents and records to officers of the Inland Revenue, within a prescribed period, for the purpose of enabling them to satisfy themselves that statutory sick pay has been paid, and is being paid, in accordance with regulations under section 5 above, to employees or former employees who are entitled to it.
Where the Secretary of State considers that it is reasonable for information held by him to be disclosed to a person liable to make payments of statutory maternity pay for the purpose of enabling that person to determine— he may disclose the information to that person.
whether a maternity pay period exists in relation to a women who is or has been an employee of his; and
if it does, the date of its commencement and the weeks in it in respect of which he may be liable to pay statutory maternity pay,
Regulations may make provision requiring an employer in prescribed circumstances to furnish information in connection with the making of a claim by a woman who is or has been his employee for—
a maternity allowance;
universal credit;
short-term incapacity benefit;
an long-term incapacity benefit under section 30A, 40 or 41 of the Contributions and benefits Act; ...
an employment and support allowance;
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Regulations under this section shall prescribe—
the kind of information to be furnished in accordance with the regulations;
the person to whom information of the prescribed kind is to be furnished; and
the manner in which, and period within which, it is to be furnished.
Regulations made with the concurrence of the Inland Revenue—
may require employers to maintain such records in connection with statutory maternity pay as may be prescribed;
may provide for— to furnish to the Secretary of State or the Inland Revenue (as the regulations may require), within a prescribed period, any information required for the determination of any question arising in connection therewith; and
any woman claiming to be entitled to statutory maternity pay; or
any other person who is a party to proceedings arising under Part XII of the Contributions and Benefits Act,
may require persons who have made payments of statutory maternity pay to furnish to the Secretary of State or the Inland Revenue (as the regulations may require) such documents and information, at such time, as may be prescribed.
Regulations made with the concurrence of the Inland Revenue may require employers to produce wages sheets and other documents and records to officers of the Inland Revenue, within a prescribed period, for the purpose of enabling them to satisfy themselves that statutory maternity pay has been paid, and is being paid, in accordance with regulations under section 5 above, to employees or former employees who are entitled to it.
The Secretary of State may incur expenses for the purpose of furnishing the address at which a person is recorded by him as residing, where the address is required for the purpose of taking or carrying on legal proceedings to obtain or enforce an order for the making by the person of payments—
for the maintenance of the person’s spouse, former spouse, civil partner or former civil partner; or
for the maintenance or education of any child of the person, or of any child of the person’s spouse, former spouse, civil partner or former civil partner.
Regulations shall provide that where a claim for housing benefit in respect of a dwelling is made to an authority and the circumstances are such as are prescribed— may require any appropriate person to supply information of a prescribed description to the authority or other person.
the authority; or
a person authorised to exercise any function of authority relating to housing benefit,
Subject to subsection (4) below, for the purposes of subsection (1) above a person is an appropriate person in relation to a dwelling if he is—
a person to whom anyone is, or claims to be, liable to make relevant payments;
a person to whom, or at whose direction, a person within paragraph (a) above has agreed to make payments in consequence of being entitled to receive relevant payments; or
a person acting on behalf of a person within paragraph (a) or (b) above in connection with any aspect of the management of the dwelling.
In subsection (2) above “relevant payments” in relation to a dwelling, means payments in respect of the dwelling which are of a described description in relation to which housing benefit may be paid.
Regulations may provide that any prescribed person, or any person of a prescribed description, is not an appropriate person for the purposes of subsection (1) above.
The descriptions of information which may be prescribed for the purposes of subsection (1) above include, in particular, any description of information relating to, or to any interest in or other connection with, dwellings and other property situated anywhere in the United Kingdom.
Information shall be supplied under subsection (1) above in such a manner and form, and at such time and in accordance with such other requirements as may be prescribed.
Information supplied to an authority or other person under subsection (1) above may be used by the authority or other person only in the exercise of any function relating to housing benefit or council tax benefit.
The provisions of sections 122D and 122E above apply in relation to any information supplied under subsection (1) above which is not relevant benefit information (within the meaning of those provisions) as if it were.
Regulations may make provision requiring the disclosure by one authority (“the disclosing authority”) to another authority (“the receiving authority”), in prescribed circumstances, of information of a prescribed description obtained by the disclosing authority in respect of persons who have been entitled to a jobseeker’s allowance or to income support.
The regulations may in particular provide for—
information to be disclosed—
at the request of the receiving authority;
at the request of any person who falls within a prescribed category; or
otherwise than in response to such a request;
the period within which information is to be disclosed; and
information to be disclosed only if it has been obtained by the disclosing authority in the exercise of any of their functions in relation to housing benefit or council tax benefit.
The Treasury may by regulations make provision requiring, or relating to, the disclosure of information in relation to —
any notifiable contribution arrangements or notifiable contribution proposal , or
any arrangements or proposal which the Commissioners for Her Majesty’s Revenue and Customs reasonably suspect to be notifiable contribution arrangements or a notifiable contribution proposal (as the case may be).
The only provision which may be made under subsection (1) is provision applying (with or without modification), or corresponding to, any of the following provisions—
any provision of, or made under, Part 7 of the Finance Act 2004 (disclosure of tax avoidance schemes) so far as that provision relates to income tax or to a penalty under that Part;
any provision of the Taxes Management Act 1970 so far as it relates to a penalty under Part 7 of the Finance Act 2004;
any provision made under section 132 of the Finance Act 1999 or section 135 of the Finance Act 2002 (electronic communications);
any provision of any other enactment or instrument (including any enactment or instrument passed or made on or after the day on which the National Insurance Contributions Act 2006 was passed) which requires, or relates to, the disclosure of information in relation to tax avoidance arrangements which relate in whole or in part to income tax.
For the purposes of subsection (1)—
Where, at any time after the passing of the National Insurance Contributions Act 2006, a relevant tax provision is passed or made which changes the notifiable tax matters, the Treasury may, by regulations, amend the definitions in subsection (3) so as to make an analogous change to the matters in respect of which information may be required to be disclosed by virtue of this section.
In subsection (4)—
No provision made by regulations under this section may require any person to disclose to the Commissioners for Her Majesty's Revenue and Customs, or any other person, any information with respect to which a claim to legal professional privilege, or, in Scotland, to confidentiality of communications, could be maintained in legal proceedings.
In this section—
This section applies to information that is held by— that relates to an award of universal credit.
the Secretary of State; or
a person providing services to the Secretary of State, in connection with the provision of those services,
Information to which this section applies may be supplied to— for use in connection with obtaining a rent repayment order in respect of an award of universal credit or recovering an amount payable under such an order.
a local housing authority;
a licensing authority; or
a person authorised to exercise any function of a local housing authority or a licensing authority,
For the purposes of this section—
Housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992 (in this Part referred to as “the housing benefit scheme”) shall be funded and administered by the appropriate housing authority or local authority.
is to be in the form of a rate rebate funded and administered by the appropriate rating authority, if it is in respect of payments by way of rates;
is to be in the form of a rent rebate or, in prescribed cases, of a rent allowance, funded and administered by the appropriate housing authority, if it is in respect of payments, other than payments by way of rates, to be made to a housing authority; and
is in any other case to be in the form of a rent allowance funded and administered by the appropriate local authority.
The rebates and allowances referred to in subsections (1A) and (1B) above may take any of the following forms, that is to say— and in any enactment or instrument (whenever passed or made) “pay”, in relation to housing benefit, includes discharge in any of those forms.
a payment or payments by the authority to the person entitled to the benefit;
a reduction in the amount of any payments which that person is liable to make to the authority by way of rent ...; or
such a payment or payments and such a reduction;
Housing Benefit in respect of payments which the occupier of a dwelling is liable to make to a housing authority shall take the form of a rent rebate or, in prescribed cases, a rent allowance funded and administered by that authority. The cases that may be so prescribed do not include any where the payment is in respect of property within the authority's Housing Revenue Account.
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In any other case housing benefit shall take the form of a rent allowance funded and administered by the local authority for the area in which the dwelling is situated or by such other local authority as is specified by an order made by the Secretary of State.
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the appropriate rating authority is the rating authority for the area in which it is situated;
the appropriate housing authority is the housing authority to whom the occupier of the dwelling is liable to make payments; and
the appropriate local authority is the local authority for the area in which the dwelling is situated.
Authorities may—
agree that one shall discharge functions relating to housing benefit on another's behalf; or
discharge any such functions jointly or arrange for their discharge by a joint committee.
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An authority may modify any part of the housing benefit scheme administered by the authority— and any such modifications may be adopted by resolution of an authority.
so as to provide for disregarding, in determining a person's income (whether he is the occupier of a dwelling or any other person whose income falls to be aggregated with that of the occupier of a dwelling), the whole or part of any prescribed war disablement pension or prescribed war widow's ... pension payable to that person;
to such extent in other respects as may be prescribed,
Nothing in this section shall be read as excluding the general provisions of the Local Government Act 1972 or the Local Government (Scotland) Act 1973 from applying in relation to the housing benefit functions of a local authority.
Modifications other than such modification as are mentioned in subsection (8)(a) above shall be so framed as to secure that, in the estimate of the authority adopting them, the total of the housing benefit which will be paid by the authority in any year ill not exceed the permitted total or any subsidiary limit specified by order of the Secretary of State.
An authority who have adopted modifications by resolution revoke or vary them.
If the housing benefit scheme includes power for an authority to exercise a discretion in awarding housing benefit, the authority shall not exercise that discretion so that the total of the housing benefit paid by them during the year exceeds the permitted total or any subsidiary limit specified by order of the Secretary of State.
The Secretary of State— The power to specify the permitted total or a subsidiary limit may be exercised by fixing an amount or by providing rules for its calculation.
shall by order specify the permitted total of housing benefit payable by any authority in any year; and
may by order specify one or more subsidiary limits on the amount of housing benefit payable by any authority in any year in respect of any matter or matters specified in the order.
In this section “modifications” includes additions, omissions and amendments, and related expressions shall be construed accordingly.
In this section “war widow's pension” includes any corresponding pension payable to a widower or surviving civil partner.
For each year the Secretary of State shall pay—
a subsidy to be known as “rate rebate subsidy” to each rating authority ;
a subsidy to be known as “rent rebate subsidy” to each housing authority; and
a subsidy to be known as “rent allowance subsidy” to each local authority.
The subsidy under subsection (1) above which is to be paid to an authority—
shall be calculated, in the manner specified by an order made by the Secretary of State, by reference— and by reference also, in the case of an authority in England and Wales or Scotland, to any rebate or allowance within the meaning of the Social Security and Housing Benefits Act 1982 granted by that authority during the year with any additions specified in the order but subject to any deductions so specified; and
in the case of an authority in England and Wales, to the relevant benefit; and
in the case of an authority in Scotland, to the total housing benefit,
shall be subject to deduction of any amount which the Secretary of State considers it unreasonable to meet out of money provided by way of subsidy under subsection (1) above.
In subsection (2) above “relevant benefit”, in relation to an authority, means total housing benefit excluding any Housing Revenue Account rebates granted by them.
Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (2)(a) or (b) above may not be determined by reference to—
an authority’s expenditure in respect of any housing benefit, or in respect of any rebate or allowance within the meaning of the Social Security and Housing Benefits Act 1982, granted during any previous year; or
any subsidy under this section or that Act paid to an authority in respect of any previous year.
For each year the Secretary of State may pay to an authority as part of the subsidy under subsection (1) above an additional sum calculated, in the manner specified by an order made by the Secretary of State, in respect of the costs of administering housing benefit.
Rent rebate subsidy shall be payable—
in the case of a local authority in England and Wales, subject to subsection (7) below, for the credit of a revenue account of theirs which is not a Housing Revenue Account or a Housing Repairs Account;
in the case of a local authority in Scotland, for the credit of their rent rebate account;
in the case of a new town corporation in England and Wales or the Development Board for Rural Wales, for the credit of their housing account; and
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.
Rent rebate subsidy for a year beginning before 1st April 1990 shall be payable in the case of a local authority in England and Wales—
for the credit of their Housing Revenue Account to the extent that it is calculated by reference to Housing Revenue Account rebates and any costs of administering such rebates; and
for the credit of their general rate fund to the extent that it is not so calculated.
Every local housing authority in England and Wales shall for each year carry to the credit of their Housing Revenue Account from some other revenue account of theirs which is not a Housing Repairs Account an amount equal to the aggregate of—
so much of each Housing Revenue Account rebate granted by them during the year as was granted in the exercise of a discretion conferred by the housing benefit scheme or in pursuance of such modifications of that scheme as are mentioned in paragraph (b) of section 134(8) above; and
unless the authority otherwise determine, so much of each such rebate as was granted in pursuance of such modifications of that scheme as are mentioned in paragraph (a) of that subsection.
Every local authority in Scotland shall make for each year a rate fund contribution to their Housing Revenue Account of an amount equal to the difference between—
so much of their rent rebate subsidy for the year as is credited to that Account; and
the total of—
the Housing Revenue Account rebates granted by them during the year; and
the cost of administering such rebates.
Rent allowance subsidy shall be payable—
in the case of a local authority in England and Wales and subsidy payable for a year beginning before 1st April 1990, for the credit of their general rate fund; and
in the case of a local authority in Scotland, for the credit of their rent allowance account.
Subsidy under this section shall be payable by the Secretary of State at such time and in such manner as the Treasury may direct.
The amount of any subsidy payable to an authority shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence or less and by treating an odd amount exceeding 50 pence as a whole pound.
In subsection (7) above “general rate fund” means—
in relation to the Council of the Isles of Scilly, their general fund; and
in relation to the Common Council of the City of London, their general rate.
In this section “modifications” includes additions, omissions and amendments and related expressions shall be construed accordingly.
In relation to rent allowance subsidy, the Secretary of State— by reference to determinations made by rent officers in exercise of functions conferred on them under section 121 of the Housing Act 1988 or section 70 of the Housing (Scotland) Act 1988 (“the Housing Act functions”).
may provide for any calculation under paragraph (a) of section 135(2) above to be made,
may specify any such additions and deductions as are referred to in that paragraph; and
may exercise his discretion as to what is unreasonable for the purposes of paragraph (b) of that subsection,
The Secretary of State may by regulations require a local authority in any prescribed case to apply to a rent officer for a determination to be made in pursuance of the Housing Act functions and any such authority shall comply with prescribed requirements as to the time for making such an application.
Where a local authority would have been required to apply to a rent officer for a determination under the Housing Act functions in a pre-commencement case, had the first regulations under section 30(2B) of the 1986 Act (which corresponded to subsection (2) above) come into force on 1st April 1989, regulations may make provision—
requiring the authority in prescribed circumstances to apply within a prescribed period to the rent officer for that determination to be made; and
requiring the rent officer in prescribed circumstances to make that determination on prescribed assumptions.
In subsection (3) above “pre-commencement case” means any case which arose before the date on which the first regulations under section 30(2B) of the 1986 Act in fact came into force.
Subsidy under section 135 above shall not be payable to an authority until either—
they have made a claim for it in such form as the Secretary of State may determine; or
if they have not made such a claim, the amount of subsidy payable to them (apart from subsection (6) below) has been estimated under subsection (3) below.
The Secretary of State may withhold from an authority so much of any subsidy under section 135 above as he thinks fit until either—
the authority has supplied him with prescribed particulars relating to their claim for subsidy and complied with prescribed conditions as to records, certificates, audit or otherwise; or
he is satisfied that there is a good reason for the authority’s failure to supply those particulars or comply with those conditions.
If an authority has not— within the prescribed period, then the Secretary of State may estimate the amount of subsidy payable to them (apart from subsection (6) below) and employ for that purpose such criteria as he considers relevant.
made a claim for subsidy;
supplied the prescribed particulars referred to in paragraph (a) of subsection (2) above; or
complied with the prescribed conditions referred to in that paragraph,
If the Secretary of State considers it reasonable to do so in any particular case, he may give the authority in question written notice extending any of the periods prescribed under subsection (3) above for the purposes of paragraph (a), (b) or (c) of that subsection, as the case may be.
If an authority fails to make a claim for subsidy within such period as the Secretary of State considers reasonable, he may withhold from them such part of the subsidy as he thinks fit for so long as he thinks fit.
Where the amount of subsidy paid to an authority for any year is found to be incorrect, the amount payable to them for any subsequent year may be adjusted for the purpose of rectifying that mistake in whole or in part.
Regulations shall provide that where a person is entitled to council tax benefit in respect of council tax payable to a billing authority or local authority in Scotland the benefit shall take such of the following forms as is prescribed in the case of the person— References in any enactment or instrument (whenever passed or made) to payment, in relation to council tax benefit, include any of those ways of giving the benefit.
a payment or payments by the authority to the person;
a reduction in the amount the person is or becomes liable to pay to the authority in respect of the tax for the relevant or any subsequent financial year;
both such payment or payments and such reduction.
In relation to Scotland, regulations shall provide that where a person is entitled to a community charge benefit in respect of a personal community charge determined by a regional, islands or district council the benefit shall take such of the following forms as is prescribed in the case of the person—
a payment or payments to the person by the levying authority to which the charge is payable;
a reduction in the amount the person is or becomes liable to pay in respect of the charge as it has effect for the relevant or any subsequent chargeable financial year;
both such payment or payments and such reduction.
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a payment or payments by the relevant authority to the person;
the reductions mentioned in subsection (4) below;
both such payment or payments and such reductions.
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a reduction in the amount the person is liable to pay to the charge payer in respect of the contribution period, and
a consequential reduction in the amount the charge payer is liable to pay in respect of the charge concerned as it has effect for the relevant chargeable financial year.
For the purposes of subsection (1) above the relevant financial year is the financial year in which the relevant day falls; and the relevant day is the day in respect of which the person concerned is entitled to the benefit.
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in relation to England and Wales, the authority to which an amount is payable in respect of the collective community charge concerned under section 15 of the Local Government Finance Act 1988 (“the 1988 Act”);
in relation to Scotland, the levying authority to which the collective community charge is payable.
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in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the 1988 Act;
in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the Abolition of Domestic Rates Etc. (Scotland) Act 1987 (“the 1987 Act”).
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Regulations under subsection (1) ... above may include such supplementary, incidental or consequential provisions as appear to the Secretary of State to be necessary or expedient; and any such provisions may include provisions amending or adapting provisions of Part I or II of the Local Government Finance Act 1992.
Council tax benefit provided for by virtue of a scheme under section 123 of the Contributions and Benefits Act (in this Act referred to as a council tax benefit scheme) is to be administered by the appropriate authority.
For the purposes of this section the appropriate authority is the billing authority or local authority in Scotland which levied the council tax as regards which a person is entitled to the benefit.
For the purposes of this section in its application to Scotland, the appropriate authority in relation to a particular benefit is the levying authority—
to which the personal community charge is payable by a person entitled to the benefit; or
in whose area is situated the premises in respect of residence in which for a contribution period a collective community charge contribution is payable.
Nothing in this section shall be read as excluding the general provisions of the Local Government Act 1972 or the Local Government (Scotland) Act 1973 from applying in relation to the council tax benefit functions of a local authority.
Levying authorities may agree that one shall carry out responsibilities relating to community charge benefits on another’s behalf.
A billing authority or local authority in Scotland may modify any part of the council tax benefit scheme administered by the authority— and any such modifications may be adopted by resolution of an authority.
so as to provide for disregarding, in determining a person’s income, the whole or part of any prescribed war disablement pension or prescribed war widow’s pension payable to that person or to his partner or to a person to whom he is polygamously married;
to such extent in other respects as may be prescribed,
Modifications other than such modifications as are mentioned in subsection (6)(a) above shall be so framed as to secure that, in the estimate of the authority adopting them, the total of the amount of benefit which will be paid by them in any year will not exceed the permitted total or any subsidiary limit specified by order of the Secretary of State.
An authority which has adopted modifications may by resolution revoke or vary them.
If the council tax benefit scheme includes power for an authority to exercise a discretion in allowing council tax benefit, the authority shall not exercise that discretion so that the total of the amount of benefit paid by them in any year exceeds the permitted total or any subsidiary limit specified by order of the Secretary of State.
The Secretary of State– The power to specify the permitted total or a subsidiary limit may be exercised by fixing an amount or by providing rules for its calculation.
shall by order specify the permitted total of council tax benefit payable by any authority in any year; and
may by order specify one or more subsidiary limits on the amount of council tax benefit payable by any authority in any year in respect of any matter or matters specified in the order.
In this section—
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For each year the Secretary of State shall pay a subsidy (to be known as community charge benefit subsidy) to each charging authority and to each levying authority.
The amount of community charge benefit subsidy to be paid to a charging authority or a levying authority for a year shall be calculated in such manner as may be specified by an order made by the Secretary of State.
Any calculation under subsection (2) above shall be made by reference to the total amount of the community charge benefits allowed by the authority during the year with any additions specified in the order but subject to any deduction so specified.
The Secretary of State may deduct, from the amount which would (apart from this subsection) be payable to a charging or levying authority by way of community charge benefit subsidy for a year, such amount as he considers it unreasonable to pay by way of such subsidy.
The Secretary of State may pay to an authority, as part of the amount of community charge benefit subsidy payable to the authority for a year, an additional sum in respect of the costs of administering community charge benefits; and any such additional sum shall be calculated in a manner specified by an order made by the Secretary of State.
Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (3) or (4) above may not be determined by reference to—
an authority’s expenditure in respect of community charge benefits allowed during any previous year; or
any subsidy paid under this section to an authority in respect of any previous year.
Subsidy under this section shall be payable by the Secretary of State at such time and in such manner as the Treasury may direct; and section 137 above shall apply in relation to a charging authority or a levying authority and subsidy under this section as they apply in relation to a rating authority, a housing authority or local authority and subsidy under that section.
The amount of any subsidy payable to an authority shall be calculated to the nearest pound, by disregarding an odd amount of 50 pence or less and by treating an odd amount exceeding 50 pence as a whole pound.
The Secretary of State may authorise persons to consider and report to him on the administration by authorities of housing benefit and council tax benefit.
The Secretary of State may ask persons authorised under subsection (1) to consider in particular–
authorities’ performance in the prevention and detection of fraud relating to housing benefit and council tax benefit;
authorities compliance with the 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.
A person may be authorised under subsection (1)–
on such terms and for such period as the Secretary of State thinks fit;
to act generally or in relation to a specified authority or authorities;
to report on administration generally or on specified matters.
In sections 139B and 139C below—
A person authorised under section 139A(1) above—
has a right of access at all reasonable times to any document relating to the administration of benefit;
is entitled to require from any person holding or accountable for any such document such information and explanation as he thinks necessary; and
is entitled, if he thinks it necessary, to require any such person to produce any such document or to attend before him in person to give such information or explanation.
A person authorised under section 139A(1) above is entitled to require any officer or member of an authority or any person involved in the administration of benefit for an authority—
to give him such information and explanation relating to the administration of benefit as he thinks necessary; and
if he thinks it necessary, to require any such person to attend before him in person to give the information or explanation.
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.
A person authorised under section 139A(1) above may—
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
take copies of any document produced to him.
In this section “document” means anything in which information of any description is recorded.
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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—
in the prevention and detention of fraud relating to benefit, or
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.
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.
This section applies where—
a copy of a report has been sent to an authority under section 139C(2) above;
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;
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;
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;
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;
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;
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.
The Secretary of State may require the authority to consider the report and to submit proposals for—
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
remedying any failings identified by the report.
A requirement under subsection (2) above may specify—
any information or description of information to be provided;
the form and manner in which the information is to be provided.
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.
The Secretary of State may extend the period specified under subsection (2B) above.
After considering— the Secretary of State may give directions to the authority under subsection (3A) or (3B) or both.
the report,
any proposals made by the authority in response to it, and
any other information he thinks is relevant,
Directions under this subsection are directions as to—
standards which the authority is to attain in the prevention and detection of fraud relating to benefit or otherwise in the administration of benefit;
the time within which the standards are to be attained.
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—
in relation to the prevention and detection of fraud relating to benefit;
otherwise in relation to the administration of benefit.
A direction under subsection (3B) may specify the time within which anything is to be done.
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.
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.
The Secretary of State may specify a period within which representations mentioned in subsection (4A) above must be made.
The Secretary of State may extend a period specified under subsection (4B) above.
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.
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.
In this section “benefit” means housing benefit or council tax benefit.
The Secretary of State may at any time in accordance with this section vary or revoke a direction under section 139D above.
A direction may be varied or revoked only if the Secretary of State thinks it is necessary to do so—
in consequence of representations made by the authority to which the direction is addressed,
to rectify an omission or error, or
in consequence of a material change in circumstances.
The Secretary of State must not vary a direction unless he first—
sends a copy of the proposed variation to the authority concerned,
gives the authority his reasons for making the variation, and
gives the authority an opportunity to make representations about the proposed variation.
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.
The Secretary of State may extend a period specified under subsection (4) above.
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—
whether the authority has attained the standards which it has been directed to attain;
whether the authority has taken the action which it has been directed to take; or
whether the authority is likely to attain those standards or take that action within the time specified in the directions.
Information shall be supplied under subsection (1) above in such manner and form as the Secretary of State may require.
Where directions have been given to an authority under section 139D(3A) or (3B) above and the Secretary of State— he may serve on the authority a written notice under this section.
is not satisfied that the authority has attained the standards which it has been directed to attain;
is not satisfied that the authority has taken the action which it has been directed to take; or
is not satisfied that the authority is likely to attain those standards or take that action within the time specified in the directions,
The notice shall—
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
require the authority to submit a written response to the Secretary of State within a time specified in the notice.
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—
consult that person before submitting its response; and
include in its response any relevant observations made by that person.
If the notice identifies directions under section 139D(3A), the authority’s response shall either—
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
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.
If the notice identifies directions under section 139D(3B), the authority’s response shall either—
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
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.
The notice may relate to any one or more matters covered by the directions.
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.
In this section “benefit” means housing benefit or council tax benefit.
Where, after the time specified in the notice under section 139F above has expired, the Secretary of State— he may make a determination under this section.
is not satisfied that the authority has attained the standards or taken the action in question; or
is not satisfied that the authority is likely to attain those standards or take that action within the time specified in the directions,
The determination may be made whether or not the authority has responded to the notice under section 139F above.
The determination shall be designed to secure the attainment of the standards or the taking of the action in question and—
shall include provision such as is specified in subsection (4) below; and
may also include provision such as is specified in subsection (5) below.
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—
falls to be carried out in pursuance of the authority’s functions relating to the administration of benefit; and
is of a description specified in the determination.
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—
provision that it may not be carried out by the authority;
provision that it may not be carried out by any person (other than the authority) who has been carrying it out; and
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.
In this section “benefit” means housing benefit or council tax benefit.
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.
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.
The provision included in a determination by virtue of section 139G(3) above may include—
requirements that the Secretary of State be satisfied as to any specified matter; and
requirements that the Secretary of State authorise or consent to any specified matter.
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.
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.
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.
For each year the Secretary of State shall pay a subsidy to each authority administering housing benefit or council tax benefit.
He shall pay—
rent rebate subsidy to each housing authority;
rent allowance subsidy to each local authority; and
council tax benefit subsidy to each billing authority and to each local authority in Scotland.
In the following provisions of this Part “subsidy”, without more, refers to subsidy of any of those descriptions.
The amount of subsidy to be paid to an authority shall be determined in accordance with an order made by the Secretary of State.
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 ... ...
The order may provide that the amount of subsidy in respect of any matter shall be a fixed sum or shall be nil.
The Secretary of State may—
pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or
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.
The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of—
the costs of administering the relevant benefit; or
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.
The Secretary of State may—
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—
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; or
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.
The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of—
a failure to comply with directions under section 139D(3A) or (3B) above; and
other failures in preventing or detecting fraud relating to the relevant benefit.
In this section “relevant benefit” means housing benefit or council tax benefit, as the case may be.
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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.
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.
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.
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.
Where subsidy has been paid to an authority and it appears to the Secretary of State— 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.
that subsidy has been overpaid; or
that there has been a breach of any condition specified in an order under this section,
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.
Rent rebate subsidy is payable—
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;
in the case of a local authority in Scotland, for the credit of their rent rebate account;
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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.
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Where two or more authorities make arrangements for the discharge of any of their functions relating to housing benefit or council tax benefit— 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.
by one authority on behalf of itself and one or more other authorities; or
by a joint committee,
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.
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.
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—
by the authority,
by any person providing services to the authority, or
by any person authorised by the authority to carry out that function.
In subsection (1) “relevant function” means any function conferred by virtue of section 2A, 2C or 7A above.
The following provisions, namely— apply in relation to a payment under this section as in relation to a payment of subsidy.
in section 140B, subsections (1), (3), (4), (5)(b) ... and (8), and
section 140C,
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.
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.
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.
In this Part, unless the context otherwise requires—
In each tax year the Treasury shall carry out a review of the general level of earnings in Great Britain taking into account changes in that level which have taken place since their last review under this section, with a view to determining whether, in respect of Class 2, 3 or 4 contributions, an order should be made under this section, to have effect in relation to the next following tax year.
For the purposes of any review under this section, the Treasury—
shall estimate the general level of earnings in such manner as they think fit; and
shall take into account about other matters appearing to them to be relevant to their determination whether or not an order should be made under this section, including the current operation of the Contributions and Benefits Act.
If the Treasury determine, as a result of a review under this section, that having regard to changes in the general level of earnings which have taken place, and to any other matters taken into account on the review, an order under this section should be made for the amendment of Part I of the Contributions and Benefits Act, they shall prepare and lay before each House of Parliament a draft of such an order framed so as to give effect to their conclusions on the review.
An order under this section may amend Part I of the Contributions and benefits Act by altering any one or more of the following figures—
the figure specified in section 11(6) as the weekly rate of Class 2 contributions;
the figure specified in section 11(4) as ... the small profits threshold for the purposes of Class 2 contributions;
the figure specified in section 13(1) as the amount of a Class 3 contribution;
the figures specified in subsection (3) of section 15 as the upper limit of profits or gains to be taken into account for the purposes of Class 4 contributions under that section and as the lower limit of profits or gains to be taken into account for those purposes under paragraph (a) of that subsection.
If an order under this section contains an amendment altering either of the figures referred to in subsection (4)(d) above, it shall make the same alteration of the corresponding figure specified in section 18 of the Contributions and Benefits Act.
If the Treasury determine as a result of a review under this section that, having regard to their conclusions in respect of the general level of earnings and otherwise, no such amendments of Part I of the Contributions and Benefits Act are called for as can be made for the purposes of subsection (4) above, and determine accordingly not to lay a draft of an order before Parliament, they shall instead prepare and lay before each House of Parliament a report explaining their reasons for that determination.
In subsection (1) above in its application to the tax year 1992-93 the reference to the last review under this section shall be construed as a reference to the last review under section 120 of the 1975 Act.
Where the Treasury lay before Parliament a draft of an order under section 141 above, they shall lay with it a copy of a report by the Government Actuary or the Deputy Government Actuary on the effect which, in that Actuary's opinion, the making of such an order may be expected to have on the National Insurance Fund; and, where the Treasury determine not to lay a draft order, they shall with the report laid before Parliament under section 141(6) above lay a copy of a report by the Government Actuary or the Deputy Government Actuary on the consequences for the Fund which may, in that Actuary's opinion, follow from that determination.
Where the Treasury lay before Parliament a draft of an order under section 141 above, then if the draft is approved by a resolution of each House, the Treasury shall make an order in the form of the draft,
An order under section 141 above shall be made so as to be in force from the beginning of the tax year following that in which it receives Parliamentary approval, and to have effect for that year and any subsequent tax year (subject to the effect of any subsequent order under this Part of this Act); and for this purpose the order is to be taken as receiving Parliamentary approval on the date on which the draft of it is approved by the second House to approve it.
Without prejudice to section 141 above, the Treasury may at any time, if they think it expedient to do so with a view to adjusting the level at which the National Insurance Fund stands for the time being and having regard to the sums which may be expected to be paid from the Fund in any future period, make an order amending Part I of the Contributions and Benefits Act by altering any one or more of the following figures—
the percentage rate specified as the main primary percentage in section 8(2)(a);
as the initial primary percentage in section 8(2)(a);
as the main primary percentage in section 8(2)(b);
the percentage rate specified as the secondary percentage in section 9(2),
the figure specified in section 11(6) as the weekly rate of Class 2 contributions;
the figure specified in section 13(1) as the amount of a Class 3 contribution;
the percentage rate specified as the main Class 4 percentage in section 15(3ZA)(a).
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An order under subsection (1) above may if it contains an amendment altering the figure specified in section 11(6) of the Contributions and Benefits Act as the weekly rate of Class 2 contributions and the Treasury think it expedient in consequence of that amendment, amend section 11(4) of that Act by altering the figure there specified as the small profits threshold for the purposes of Class 2 contributions.
No order shall be made under this section so as—
to increase for any tax year the main primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year, or
the percentage rate of the initial or main primary percentage; or
the percentage rate for secondary Class 1 contributions,
to increase the main Class 4 percentage to more than 9.25 percent.
Where (in accordance with section 190 below) the Treasury lay before Parliament a draft of an order under section 143 ... above, they shall lay with it a copy of a report by the Government Actuary or the Deputy Government Actuary on the effect which, in that Actuary's opinion, the making of such an order may be expected to have on the National Insurance Fund.
An order under section 143 ... above shall be made so as to be in force from the beginning of the tax year following that in which it received Parliamentary approval, and to have effect for that year and any subsequent tax year (subject to the effect of any subsequent order under this Part of this Act); and for this purpose the order is to be taken as receiving Parliamentary approval on the date on which the draft of it is approved by the second House to approve it.
For the purpose of adjusting amounts payable by way of primary Class 1 contributions, the Treasury may at any time make an order altering the percentage rate specified as the main primary percentage in section 8(2)(a) of the Contributions and Benefits Act.
the percentage rate specified as the initial primary percentage in section 8(2)(a) of the Contributions and Benefits Act;
the percentage rate specified as the main primary percentage in section 8(2)(b) of that Act.
For the purpose of adjusting amounts payable by way of secondary Class 1 contributions, the Treasury may at any time make an order altering the percentage rate specified as the secondary percentage in section 9(2) of the Contributions and Benefits Act.
the upper weekly earnings figure specified in respect of Bracket 1;
the weekly earnings figures specified in respect of Brackets 2 to 4; and
the percentage rates specified as the appropriate rates for Brackets 1 to 3.
No order shall be made under this section so as to increase for any tax year the main primary percentage, or the secondary percentage, to a percentage rate more than 0.25 per cent higher than that applicable at the end of the preceding tax year.
to alter the percentage rate of the initial or main primary percentage to a percentage rate more than 0.25 per cent. higher than applicable at the end of the preceding tax year for the primary percentage in question; or
to alter any of the percentage rates specified as the appropriate rates for Brackets 1 to 3 in section 9(3) of the Contributions and Benefits Act to a rate higher than the percentage rate which at the time the order comes into force is specified as the appropriate rate for Bracket 4.
Without prejudice to section 141 or 143 above, the Treasury may make such order— as the Treasury think fit in consequence of the coming into force of an order made or proposed to be made under subsection (1) above.
amending section 11(6) of the Contributions and Benefits Act by altering the figure specified ... as the weekly rate of Class 2 contributions;
amending section 13(1) of that Act by altering the figure specified in that subsection as the amount of a Class 3 contribution,
An order under section 145 ... above may make such amendments of any enactment as appear to the Treasury to be necessary or expedient in consequence of any alteration made by it.
Where (in accordance with section 190 below) the Treasury lay before Parliament a draft of an order under section 145 ... above, they shall lay with it a copy of a report by the Government Actuary or the Deputy Government Actuary on the effect which, in that Actuary's opinion, the making of such an order may be expected to have on the National Insurance Fund.
An order under section 145 ... above shall be made so as to come into force—
on a date in the tax year in which it receives Parliamentary approval; or
on a date in the next tax year.
Such an order shall have effect for the remainder of the tax year in which it comes into force and for any subsequent tax year (subject to the effect of any subsequent order under this Part of this Act).
Such an order shall be taken as receiving Parliamentary approval on the date on which the draft of it is approved by the second House to approve it.
This section shall have effect for the purpose of securing that earnings factors which are relevant— maintain their value in relation to the general level of earnings obtaining in Great Britain.
to the calculation—
of the additional pension in the rate of any long-term benefit; or
of any guaranteed minimum pension; or
to any other calculation required under Part III of the Pensions Act (including that Part as modified by or under any other enactment),
The Secretary of State shall in each tax year review the general level of earnings obtaining in Great Britain and any changes in that level which have taken place— and for the purposes of any such review the Secretary of State shall estimate the general level of earnings in such manner as he thinks fit.
since the end of the period taken into account for the last review under this section, or
since such other date (whether earlier or later) as he may determine;
If on any such review the Secretary of State concludes, having regard to earlier orders under this section, that earnings factors for any previous tax year (not being earlier than 1978-79) have not, during the period taken into account for that review, maintained their value in relation to the general level of earnings, he shall make an order under this section.
An order under this section shall be an order directing that, for the purposes of any such calculation as is mentioned in subsection (1) above, the earnings factor referred to in subsection (3) above shall be increased by such percentage of their amount, apart from earlier orders under this section, as the Secretary of State thinks necessary to make up that fall in their value, during the period taken into account for the review together with other falls in their value which had been made up by such earlier orders.
Subsections (3) and (4) above do not require the Secretary of State to direct any increase where it appears to him that the increase would be inconsiderable.
If on any such review 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.
For the purposes of this section— (but without prejudice to sections 16 and 17 of the Interpretation Act 1978).
any review under section 21 of the Social Security Pensions Act 1975 (which made provision corresponding to this section) shall be treated as a review under this section; and
any order under that section shall be treated as an order under this section,
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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.
In this section, “the review period” means—
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
in the case of each subsequent review under this section, the period since—
the end of the last period taken into account in a review under this section; or
such other date (whether earlier or later) as the Secretary of State may determine.
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.
An order under this section shall be an order directing that, for the purposes of the Contributions and Benefits Act—
there shall be a new low earnings threshold for the tax years after the tax year in which the review takes place; and
the amount of that threshold shall be the amount specified in subsection (5) below—
increased by the percentage by which the general level of earnings increased during the review period; and
rounded to the nearest £100 (taking any amount of £50 as nearest to the next whole £100).
The amount referred to in subsection (4)(b) above is—
in the case of the first review under this section, £9,500; and
in the case of each subsequent review, the low earnings threshold for the year in which the review takes place.
This section does not require the Secretary of State to direct any increase where it appears to him that the increase would be inconsiderable.
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.
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.
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.
In this section “the review period” means—
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
in the case of each subsequent review under this section, the period since-
the end of the last period taken into account in a review under this section, or
such other date (whether earlier or later) as the Secretary of State may determine.
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.
An order under this section is an order directing that for the purposes of Schedule 4B to the Contributions and Benefits Act—
there is to be a new FRAA for the tax years after the tax year in which the review takes place, and
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.
The amount referred to in subsection (4)(b) is—
in the case of the first review under this section, £72.80, and
in the case of each subsequent review, the FRAA for the year in which the review takes place.
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.
This section does not require the Secretary of State to direct any increase where it appears to him that the increase would be inconsiderable.
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.
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.
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))).
The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place during the review period.
In this section “the review period” means the period since the beginning of 6 April 2016.
If on a review it appears to the Secretary of State that the general level of prices has increased during the review period, the Secretary of State must make an order specifying the percentage of the increase.
The percentage specified in the order is the “revaluing percentage” for the purposes of paragraph 6(5) of Schedule 1 to the Pensions Act 2014.
Subsection (3) does not require the Secretary of State to make an order if it appears to the Secretary of State that the effect of the order on amounts calculated in accordance with paragraph 6 of Schedule 1 to the Pensions Act 2014 would be inconsiderable.
If on a review the Secretary of State determines that no order under this section is required, the Secretary of State must lay before Parliament a report explaining the reasons for arriving at that determination.
For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.
The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place.
The Secretary of State must make an order under this section if on a review it appears to the Secretary of State that, having regard to earlier orders under this section, relevant debits or credits have not, during the review period, maintained their value in relation to the general level of prices.
An order under this section is an order directing that, for the purposes of paragraph 3 of each of Schedules 8 and 10 to the Pensions Act 2014, the amount of the relevant debits or credits are to be increased by such percentage of their amount, apart from earlier orders under this section, as the Secretary of State thinks necessary to make up the fall in their value during the review period together with other falls in their value which had been made up by earlier orders under this section.
This section does not require the Secretary of State to direct an increase if it appears to the Secretary of State that the increase would be inconsiderable.
If on a review the Secretary of State determines that no order under this section is required, the Secretary of State must lay before Parliament a report explaining the reasons for arriving at that determination.
For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.
In this section “relevant debits or credits” means—
a debit under section 49A(2)(a) of the Welfare Reform and Pensions Act 1999 to which a person became subject before the tax year to which the review relates, or
a credit under section 49A(2)(b) of the Welfare Reform and Pensions Act 1999 to which a person became entitled before the tax year to which the review relates.
The Secretary of State shall in each tax year review the sums— in order to determine whether they have retained their value in relation to the general level of prices obtaining in Great Britain estimated in such manner as the Secretary of State thinks fit.
specified in the following provisions of the Contributions and Benefits Act—
Schedule 4 (excluding the provisions of Parts 1, 3 and 5 of the Schedule that specify amounts mentioned in section 150A(1) below); and
section 44(4) so far as relating to the lower rate of short-term incapacity benefit; and
paragraphs 2(6)(c) and 6(2)(b) of Schedule 8;
specified in regulations under section 72(3) or 73(10) of that Act;
specified in regulations under section 30B(7) of that Act;
which are the additional pensions in long-term benefits;
specified in regulations under section 39(2A) or section 39C(1A) of that Act;
which are the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act;
specified in regulations under section 52(3) of that Act;
which are—
payable by virtue of section 15(1) of the Pensions Act to a relevant person (including sums payable by virtue of section 17(2)); or
payable to such a person as part of his Category A or Category B retirement pension by virtue of an order made under this section by virtue of this paragraph or made under section 126A of the 1975 Act or section 63(1)(d) of the 1986 Act;
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falling to be calculated under paragraph 13(4) of Schedule 7 to that Act;
which are shared additional pensions;
prescribed for the purposes of section 128(5) or 129(8) of that Act or specified in regulations under section 135(1) of that Act;
specified by virtue of section 145(1) of that Act;
which are lump sums to which surviving spouses or civil partners will become entitled under paragraph 7A of that Schedule on becoming entitled to a Category A or Category B retirement pension;
specified in section 157(1) of that Act or in regulations under section 166(1)(b), 171ZE(1) , 171ZN(2E)(b) , 171ZY(1) , 171ZZ9(1) or 171ZZ19(1);
which are the increases in the rates of shared additional pensions under paragraph 2 of Schedule 5A to that Act;
specified in regulations under sections 4(2) or (5) of the Jobseekers Act 1995;
specified in regulations under sections 2 or 3 of the State Pension Credit Act 2002 (other than those prescribing the amounts mentioned in section 150A(1)(d) below);
specified in regulations under section 2(1)(a) or (4)(c) or 4(2)(a) or (6)(c) of the Welfare Reform Act 2007;
specified in regulations under sections 9 to 12 of the Welfare Reform Act 2012;
specified in regulations under section 78(3) or 79(3) of that Act;
which are the increases in the rates of state pensions under section 17 of the Pensions Act 2014;
specified in regulations under section 30 of the Pensions Act 2014 (bereavement support payment);
Where it appears to the Secretary of State that the general level of prices 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 up-rating order—
which increases each of the sums to which subsection (3) below applies by a percentage not less than the percentage by which the general level of prices is greater at the end of the period than it was at the beginning; and
if he considers it appropriate, having regard to the national economic situation and any other matters which he considers relevant, which also increases by such a percentage or percentages as he thinks fit any of the sums mentioned in subsection (1) above but to which subsection (3) below does not apply; and
stating the amount of any sums which are mentioned in subsection (1) above but which the order does not increase.
In subsection (1)(e)(i) “relevant person” means a person—
who became entitled to a Category A or Category B retirement pension before the day on which section 2(1) of the Pensions Act 2011 comes into force, and
to whom sums became payable by virtue of section 15(1) of the Pension Schemes Act 1993 (including sums payable by virtue of section 17(2)) before that day.
This subsection applies to sums—
specified in Part I, paragraphs 1 to 5 of Part III, Part IV or Part V of Schedule 4 to the Contributions and Benefits Act (excluding the provisions of Parts 1 and 5 of the Schedule that specify amounts mentioned in section 150A(1) below);
mentioned in subsection (1)(a)(ii) or (iii), (aa),(ab), (b), (c), (d), (dza), (e) , (g) or (o) above.
In subsection (1A)—
a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
a reference to sums becoming payable before a day includes a reference to sums becoming payable on or after that day in respect of a period before that day.
Subsection (2) above shall not require the Secretary of State to provide for an increase in any case in which it appears to him that the amount of the increase would be inconsiderable.
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 any sum up or down to such extent as he thinks appropriate.
Where subsection (2) above requires the Secretary of State to lay before Parliament the draft of an order increasing any sum that could be reduced under section 154(1) below, the order may make such alteration to that sum as reflects the combined effect of that increase and of any reduction that could be made under that subsection.
If the Secretary of State considers it appropriate to do so, he may include in the draft of an up-rating order, in addition to any other provisions, provisions increasing any of the sums for the time being specified in regulations under Part VII of the Contributions and Benefits Act or under the Jobseekers Act 1995,, the State Pension Credit Act 2002 or Part 1 of the Welfare Reform Act 2007or Part 1 of the Welfare Reform Act 2012 or which are additions to income support under regulations made under section 89 of the 1986 Act. The reference to regulations under the State Pension Credit Act 2002 does not include those prescribing the amounts mentioned in section 150A(1)(d) below.
The Secretary of State shall lay with any 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 such parts of the order as relate to sums payable out of that Fund.
If a draft order laid before Parliament in pursuance of this section is approved by a resolution of each House, the Secretary of State shall make the order in the form of the draft.
Subject to subsection (10ZA), an order under this section—
shall be framed so as to bring the alterations to which it relates into force—
in the week beginning with the first Monday in the tax year following that in which the order is made; or
on such earlier date in April as may be specified in the order;
may make such transitional provision as the Secretary of State considers expedient in respect of periods of entitlement—
to working families' tax credit;
to disabled person's tax credit; or
to statutory sick pay, running at the date when the alterations come into force.
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So long as sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision for applying the provisions of this section—
to the amount of graduated retirement benefit payable for each unit of graduated contributions,
to increase of such benefit under any provisions made by virtue of section 24(1)(b) of the Social Security Pensions Act 1975 or section 62(1)(a) of the Contributions and Benefits Act, and
to any addition under section 37(1) of the National Insurance Act 1965 (addition to weekly rate of retirement pension for widows and widowers) to the amount of such benefit.
An order under this section shall be framed so that—
any alteration to any of the sums referred to in subsection (1)(n) or otherwise specified in regulations under Part 1 of the Welfare Reform Act 2012 (universal credit) comes into force in relation to a person on the relevant day; and
any other 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.
In subsection (10ZA) “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 (10)(a)(i), or
any earlier date specified under subsection (10)(a)(ii).
Where a member of a scheme which was at a time before 6 April 2012 (the date appointed for the commencement of section 15(1) of the Pensions Act 2007) an appropriate personal pension scheme or a money purchase contracted-out scheme continues in employment after attaining pensionable age and the commencement of his pension under the scheme is postponed, the preceding provisions of this section shall have effect as if—
the guaranteed minimum pension to which he is treated as entitled by virtue of section 48(2)(a) of the Pensions Act were subject to increases in accordance with the provisions of section 15(1) of that Act; and
the amounts of any notional increases referred to in paragraph (a) above were subject to annual up-rating in the same way as if they were sums to which subsection (1)(e)(i) above applied.
Subsection (10A) does not have effect unless—
the member became entitled to a Category A or Category B retirement pension before the day on which section 2(2) of the Pensions Act 2011 comes into force, and
the member's postponed pension under the scheme became payable before that day.
In subsection (10B)—
a reference to becoming entitled to a pension before a day includes a reference to becoming entitled on or after that day to the payment of a pension in respect of a period before that day;
a reference to a pension becoming payable before a day includes a reference to a pension becoming payable on or after that day in respect of a period before that day.
So long as sections 36 and 37 of the National Insurance Act 1965 continue in force as mentioned in subsection (11), this section applies as if subsections (1) and (3) included the sums mentioned in subsection (13).
Those sums are lump sums to which surviving spouses or civil partners will become entitled, by virtue of regulations made under section 62(1)(c) of the Contributions and Benefits Act, on becoming entitled to—
a Category A or Category B retirement pension; or
graduated retirement benefit.
Any increase under section 150 above of the sums mentioned in subsection (1)(c) of that section shall take the form of a direction that those sums shall be increased by a specified percentage of their amount apart from the order and shall apply subject to section 156 and only in relation to additional pensions calculated under section 45 of the Contributions and Benefits Act by reference to final relevant years which are—
earlier than the tax year preceding that in which the order comes into force; or
if the order comes into force on or after 6th May in any tax year, earlier than that year.
Any increase under section 150 above of the sums mentioned in subsection (1)(d), (dza), (e) or (p) of that section shall take the form of a direction that those sums shall be increased by a specified percentage of their amount apart from the order and —
, in the case of the sums mentioned in subsection (1)(d) or (e) of that section, shall apply only in relation to sums calculated under Schedule 5 to the Contributions and Benefits Act by reference to periods of deferment which have ended before the coming into force of the order , and
in the case of the sums mentioned in subsection (1)(p) of that section, shall apply only in relation to sums calculated under section 17 of the Pensions Act 2014 by reference to periods which have ended before the coming into force of the order.
An increase in a sum such as is specified in section 150(1)(e)(ii) above shall form part of the Category A or Category B retirement pension of the person to whom it is paid and an increase in a sum such as is specified in section 150(1)(e)(i) above shall be added to and form part of that pension but shall not form part of the sum increased.
Where an increment under section 15(1) of the Pensions Act— the increase under that section shall be the amount that would have been specified in the order, but for this subsection, less the amount of the increase under section 109.
is increased in any tax year by an order under section 109 of that Act; and
in that year also falls to be increased by an order under section 150 above,
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Any increase under section 150 above of any of the sums which are additions to income support mentioned in section 150(7) above shall take the form of a direction that any such sum shall be increased by a specified percentage of its amount apart from the order.
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—
the amount specified in regulations under section 3(1) of the Pensions Act 2014 (full rate of state pension);
the amount of the basic pension;
the specified amounts in the case of Category B, C or D retirement pensions;
the specified amounts in the case of industrial death benefit; and
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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
In this section—
“the commencing date” in relation to an alteration, means the date on which the alteration comes into force in the case of the person in question;
If the Secretary of State is satisfied that a mistake (whether in computation or otherwise) has occurred in the preparation of the previous order under section 150 above, he may be order vary the amount of any one or more of the sums specified in an enactment mention in subjection (1)(a) of that section by increasing or reducing it to the level at which it would have stood had the mistake not occurred.
Where the amount of any such sum is varied under this section, then, for the purposes of the next review and order under that section, the amount of the sum shall be taken to be, and throughout the period under review to have been, its amount as so varied.
If the Secretary of State is satisfied that such a mistake has occurred in the preparation of the previous order under section 150A above, he may by order vary the amount of any one or more of the amounts referred to in subsection (1) of that section by increasing or reducing it to the level at which it would have stood had the mistake not occurred.
The Secretary of State shall review the level of child benefit in April of each year, taking account of increases in the Retail Price Index and other relevant external factors.
The Secretary of State must, in each tax year, review the general level of prices in Great Britain and any changes which have taken place.
If on a review it appears to the Secretary of State that the general level of prices has increased during the review period, the Secretary of State must make an order specifying a percentage by which the amounts mentioned in the following provisions of the Pensions Act 2014 are to be increased—
section 9;
paragraph 4(3) of Schedule 2;
paragraphs 5(3) and 6 of Schedule 4;
paragraphs 5(3) and 6 of Schedule 9.
The percentage specified in the order must not be less than the percentage by which the general level of prices has increased during the review period.
This section does not require the Secretary of State to make an order if it appears to the Secretary of State that the effect of the order on the amounts referred to in subsection (2) would be inconsiderable.
Subject to subsection (5A), an order under this section must 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.
An order under this section must 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.
In subsection (5A) “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 (5).
The Secretary of State must 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.
If a draft order under this section is combined with a draft up-rating order under section 150 or 150A, the report required by virtue of subsection (6) may be combined with that required by virtue of section 150(8) or 150A(5).
For the purposes of any review under this section the Secretary of State may estimate the general level of prices in such manner as the Secretary of State thinks fit.
Regulations may, with effect from any day on or after that on which there is an increase in the rate or any of the rates of child benefit, reduce any sum specified in any of the provisions mentioned in subsection (2) below to such extent as the Secretary of State thinks appropriate having regard to that increase.
The provisions referred to in subsection (1) above are the following provisions of Schedule 4 to the Contributions and Benefits Act—
paragraph 6 of Part I (child's special allowance);
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
paragraph 7 of Part V (increase of weekly rate of disablement pension in respect of child dependants);
paragraph 12 of Part V (allowance in respect of deceased's children).
This section has effect where the rate of any benefit to which this section applies is altered— and in this section “the commencing date” means the date fixed for payment of benefit at an altered rate to commence.
by an Act subsequent to this Act;
by an order under section 150, 150A or 152 above; or
in consequence of any such Act or order altering any maximum rate of benefit;
This section applies to benefit under Part II, III, IV or V of the Contributions and Benefits Act.
Subject to such exceptions or conditions as may be prescribed, where— except as respects any period falling before the commencing date, the benefit shall become payable at the altered rate without any claim being made for it in the case of an increase in the rate of benefit or any review of the award in the case of a decrease, and the award shall have effect accordingly.
the weekly rate of a benefit to which this section applies is altered to a fixed amount higher or lower than the previous amount; and
before the commencing date an award of that benefit has been made (whether before or after the passing of the relevant Act or the making of the relevant order),
Where— the award either may provide for the benefit to be paid as from the commencing date at the altered rate or may be expressed in terms of the rate appropriate at the date of the award.
the weekly rate of a benefit to which this section applies is altered; and
before the commencing date (but after that date is fixed) an award is made of the benefit,
Where in consequence of the passing of an Act, or the making of an order, altering the rate of disablement pension, regulations are made varying the scale of disablement gratuities, the regulations may provide that the scale as varied shall apply only in cases where the period taken into account by the assessment of the extent of the disablement in respect of which the gratuity is awarded begins or began after such day as may be prescribed.
Subject to such exceptions or conditions as may be prescribed, where— those amounts shall be treated as increased in proportion to the increase in the weekly rate of benefit.
for any purpose of any Act or regulations the weekly rate at which a person contributes to the cost of providing for a child or qualifying young person, or to the maintenance of an adult dependant, is to be calculated for a period beginning on or after the commencing date for an increase in the weekly rate of benefit; but
account is to be taken of amounts referable to the period before the commencing date,
So long as sections 36 and 37 of the National Insurance Act 1965 (graduated retirement benefit) continue in force by virtue of regulations made under Schedule 3 to the Social Security (Consequential Provisions) Act 1975 or under Schedule 3 to the Consequential Provisions Act, regulations may make provision for applying the provisions of this section—
to the amount of graduated retirement benefit payable for each unit of graduated contributions,
to increases of such benefit under any provisions made by virtue of section 24(1)(b) of the Social Security Pensions Act 1975 or section 62(1)(a) of the Contributions and Benefits Act, and
to any addition under section 37(1) of the National Insurance Act 1965 (addition to weekly rate of retirement pension for widows, widowers and surviving civil partners to the amount of such benefit).
the deceased spouse to whose contributions that increase is referable died during that part of the tax year which precedes the date on which the order under section 150 above comes into force (“the initial up-rating order”); and
This section applies in any case where a person is entitled to a Category A retirement pension with an increase, under section 52(3) of the Contributions and Benefits Act, in the additional pension on account of the contributions of a spouse or civil partner who had died.
the deceased spouse’s final relevant year for the purposes of section 44 of the Contributions and Benefits Act is the tax year immediately preceding that in which the death occurred,
Where in the case of any up-rating order under section 150 above— then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the spouse's or civil partner's contributions.
the spouse's or civil partner's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
the person's final relevant year was an earlier tax year,
Where in the case of any up-rating order under section 150 above— then the up-rating order shall not have effect in relation to that part of the additional pension which is attributable to the person's contributions.
the person's final relevant year is the tax year preceding the tax year in which the up-rating order comes into force, but
the spouse's or civil partner's final relevant year was an earlier tax year,
This section applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
the amounts by which he proposes, by an order under section 150, 150A or 151A above (as the case may be), to increase—
the weekly sums that are payable by way of state pension under the Pensions Act 2014, retirement pension or shared additional pension; or
the amount of graduated retirement benefit payable for each unit of graduated contributions; and
the date on which he proposes to bring the increases into force (“the commencing date”).
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.
Subsections (3) and (4) of section 155 above shall have effect where there is an increase in the rate or any of the rates of child benefit as they have effect in relation to the rate of benefit to which that section applies.
Where in connection with child benefit— the contributions made or expenditure incurred before that date shall be treated as increased in proportion to the increase in the rate of benefit.
any question arises in respect of a period after the date fixed for the commencement of payment of child benefit at an increased rate—
as to the weekly rate at which a person is contributing to the cost of providing for a child or qualifying young person; or
as to the expenditure that a person is incurring in respect of a child or qualifying young person; and
in determining that question account falls to be taken of contributions made or expenditure incurred for a period before that date,
In any case where— then, except in so far as regulations otherwise provide, the excess shall be treated as paid on account of child benefit for that period in respect of the child or qualifying young person.
any benefit as defined in section 122 of the Contributions and Benefits Act or any increase of such benefit (“the relevant benefit or increase”) has been paid to a person for a period in respect of a child or qualifying young person; and
subsequently child benefit for that period in respect of the child or qualifying young person becomes payable at a rate which is such that, had the relevant benefit or increase been awarded after the child benefit became payable, the rate of the relevant benefit or increase would have been reduced,
In subsection (1) above “the excess” means so much of the relevant benefit or increase as is equal to the difference between—
the amount of it which was paid for the period referred to in that subsection; and
the amount of it which would have been paid for that period if it had been paid at the reduced rate referred to in paragraph (b) of that subsection.
Subject to such exceptions and conditions as may be prescribed, where— then subsection (2) or (3) below (as the case may be) shall have effect.
an award of income support is in force in favour of any person (“the recipient”); and
there is an alteration in any of the relevant amounts, that is to say—
any of the component rates of income support;
any of the other sums specified in regulations under Part VII of the Contributions and Benefits Act; or
the recipient's benefit income; and
the alteration affects the computation of the amount of income support to which the recipient is entitled,
Where, in consequence of the alteration in question, the recipient becomes entitled to an increased or reduced amount of income support (“the new amount”), then, as from the commencing date, the amount of income support payable to or for the recipient under the award shall be the new amount, without any further decision of the Secretary of State, and the award shall have effect accordingly.
Where, notwithstanding the alteration in question, the recipient continues on and after the commencing date to be entitled to the same amount of income support as before, the award shall continue in force accordingly.
In any case where— the award either may provide for income support to be paid as from the commencing date, in which case the amount shall be determined by reference to the relevant amounts which will be in force on that date, or may provide for an amount determined by reference to the amounts in force at the date of the award.
there is an alteration in any of the relevant amount; and
before the commencing date (but after that date is fixed) an award of income support is made in favour of a person,
In this section—
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 or 151A above, to the extent that any such alteration affects the amount of the recipient's benefit income;
“alteration” means—
“industrial injuries benefit” means benefit under Part V of the Contributions and Benefits Act, other than under Schedule 8;
“superintendent registrar” and “registrar” mean a superintendent registrar or, as the case may be, registrar for the purposes of the enactments relating to the registration of births, deaths and marriages; and
“the Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1992;
income support;
family credit;
disability working allowance;
housing benefit;
child benefit;
Christmas bonus;
statutory sick pay; and
statutory maternity pay.
This section applies where—
an award of income support is in force in favour of a person (“the recipient”); and
there is a component which becomes applicable, or applicable at a particular rate, in his case if he or some other person attains a particular age.
If, in a case where this section applies, the recipient or other person attains the particular age referred to in paragraph (b) of subsection (1) above and, in consequence,— then, except as provided by subsection (3) below, as from the day on which he becomes so entitled, the amount of income support payable to or for him under the award shall be that increased amount, without any further decision of the Secretary of State, and the award shall have effect accordingly.
the component in question becomes applicable, or applicable at a particular rate, in the recipient's case (whether or not some other component ceases, for the same reason, to be applicable, or applicable at a particular rate, in his case); and
after taking account of any such cessation, the recipient becomes entitled to an increased amount of income support,
Subsection (2) above does not apply in any case where, in consequence of the recipient or other person attaining the age in question, some question arises in relation to the recipient's entitlement to personal independence payment or to any benefit under the Contributions and Benefits Act, other than—
the question whether the component concerned, or any other component, becomes or ceases to be applicable, or applicable at a particular rate, in his case; and
the question whether, in consequence, the amount of his income support falls to be varied.
In this section “component”, in relation to a person and his income support, means any of the sums specified in regulations under section 135(1) of the Contributions and Benefits Act.
This section applies where—
an award of a jobseeker's allowance is in force in favour of any person (“the recipient”); and
an alteration— affects the amount of the jobseeker's allowance to which he is entitled.
in any component of the allowance, or
in the recipient's benefit income,
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.
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.
In any case where— 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.
there is an alteration of a kind mentioned in subsection (1)(b); and
before the commencing date (but after that date is fixed) an award of a jobseeker's allowance is made in favour of a person.
In this section—
Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) below shall have effect where— affects the computation of the amount of state pension credit to which he is entitled.
an award of state pension credit is in force in favour of any person (“the recipient”); and
an alteration—
in any component of state pension credit,
in the recipient's benefit income,
in any component of a contribution-based jobseeker's allowance,
in any component of a contributory employment and support allowance, or
in the recipient's war disablement pension or war widow's or widower's pension,
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.
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.
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—
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
the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
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—
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
may be expressed in terms of the amounts of those items in force at the date of the award.
In this section—
Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
an award of an employment and support allowance is in force in favour of any person (“the recipient”), and
an alteration— affects the computation of the amount of the employment and support allowance to which he is entitled.
in any component of the allowance,
in the recipient’s benefit income, or
in the recipient’s war disablement or war widow’s or widower’s pension,
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.
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.
Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
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
the date on which he proposes to bring the alteration into force (“the proposed commencing date”).
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—
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
may be expressed in terms of the amounts of those items in force at the date of the award.
In this section—
Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
an award of universal credit is in force in favour of any person (“the recipient”), and
an alteration— affects the computation of the amount of universal credit to which he is entitled.
in any element of universal credit,
in the recipient's benefit income,
in any amount to be deducted in respect of earned income under section 8(3)(a) of the Welfare Reform Act 2012,
in any component of a contribution-based jobseeker's allowance,
in any component of a contributory employment and support allowance, or
in such other matters as may be prescribed,
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.
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.
Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
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
the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
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—
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
may be expressed in terms of the amounts of those items in force at the date of the award.
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.
Subject to such exceptions and conditions as may be prescribed, subsection (2) or (3) shall have effect where—
an award of personal independence payment is in force in favour of any person (“the recipient”); and
an alteration in the rate of any component of personal independence payment affects the amount of personal independence payment to which he is entitled.
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.
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.
Subsection (5) applies where a statement is made in the House of Commons by or on behalf of the Secretary of State which specifies—
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
the date on which he proposes to bring the alteration in force (“the proposed commencing date”).
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—
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
may be expressed in terms of the rates of those components in force at the date of the award.
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).
This section applies where—
an award of an income-based jobseeker's allowance is in force in favour of a person (“the recipient”); and
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”).
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.
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 benefit under the Contributions and Benefits Act;
personal independence payment; or
a jobseeker's allowance.
Subsection (3)(b) above does not apply to 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
whether, in consequence, the amount of his income-based jobseeker's allowance falls to be varied.
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.
This section applies where—
an award of an employment and support allowance is in force in favour of a person (“the recipient”), and
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”).
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.
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 benefit under the Contributions and Benefits Act; or
personal independence payment.
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—
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
the question whether, in consequence, the amount of his employment and support allowance falls to be varied.
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.
The National Insurance Fund shall be maintained under the control and management of the Commissioners for Her Majesty’s Revenue and Customs.
Accounts of the National Insurance Fund shall be prepared by the Inland Revenue in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor-General shall examine and certify every such account and shall lay copies of it, together with his report on it, before Parliament.
Any money in the National Insurance Fund may from time to time be paid over to the National Debt Commissioners and be invested by them ... in any such manner for the time being specified in Part II of Schedule 1 to the Trustee Investments Act 1961 as the Treasury may specify by an order of which a draft has been laid before Parliament.
The National Debt Commissioners shall present to Parliament annually an account of the securities in which money in the National Insurance Fund is for the time being invested.
Contributions received by the Inland Revenue ... shall be paid by them into the National Insurance Fund after deducting ... the appropriate national health service allocation ... .
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The additions paid under section 1(5) of the Contributions and Benefits Act shall be paid, in accordance with any directions given by the Treasury, into the National Insurance Fund.
The reference to contributions in subsection (1) above includes payments on account of contributions made in accordance with regulations under section 3(5) of the Contributions and Benefits Act (Payments on account of directors's contributions.)
There shall be paid into the National Insurance Fund—
so much of any interest recovered by the Inland Revenue by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act or section 101 of the Finance Act 2009 , or from persons in Great Britain by virtue of paragraph 6 of Schedule 2 to the Contributions and Benefits Act, as remains after the deduction by them of any administrative costs attributable to its recovery,
the amounts apportioned to contributions under sub-paragraph (6) of Paragraph 7 of Schedule 1 to the Contributions and Benefits Act in respect of the penalties mentioned in that sub-paragraph, and
so much of any penalty otherwise imposed by virtue of that paragraph and recovered by the Inland Revenue as remains after the deduction by them of any administrative costs attributable to its recovery.
In subsection (1) above “the appropriate national health service allocation” means 50 per cent of the product of the additional rate together with —
in the case of primary Class 1 contributions, 2.05 per cent. of the amount estimated to be that of so much of the earnings in respect of which those contributions were paid as exceeded the primary threshold but did not exceed the upper earnings limit;
in the case of secondary Class 1 contributions, 1.9 per cent. of the amount estimated to be that of the total earnings in respect of which primary Class 1 contributions were paid;
in the case of Class 1A contributions, 1.9 per cent. of the amount estimated to be the aggregate of the general earnings and the amounts chargeable to income tax under section 403 of the Income Tax (Earnings and Pensions) Act 2003 used in calculating those contributions;
in the case of Class 2 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions;
in the case of Class 1B contributions, 1.9 per cent of the amount estimated to be the aggregate of the general earnings and the amounts of income tax in respect of which those contributions were paid;
in the case of Class 3 contributions, 15.5 per cent. of the amount estimated to be the total of those contributions; and
in the case of Class 4 contributions, 2.15 per cent of the amount estimated to be that of so much of the profits or gains, or earnings, in respect of which those contributions were paid as exceeded the lower limit specified in paragraph (a) of subsection (3) of section 15, and in paragraph (a) of subsection (1A) of section 18, of the Contributions and Benefits Act but did not exceed the upper limit specified in those subsections.
in the case of Class 3A contributions, 15.5 per cent of the amount estimated to be the total of those contributions;
In subsections (5) and (5A) above “estimated” means estimated by the Inland Revenue in any manner which after consulting the Government Actuary or the Deputy Government Actuary the Inland Revenue consider to be appropriate and which the Treasury has approved.
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The Treasury may by order amend any of paragraphs (a) to (f) of subsection (5) above in relation to any tax year, by substituting for the percentage for the time being specified in that paragraph a different percentage.
Subsection (4)(b) and (c) above shall have effect notwithstanding any provision which treats a penalty under section 98 or 98A of the Taxes Management Act 1970 as if it were tax charged in an assessment and due and payable.
No order under section (7) above shall substitute a figure which represents an increase or decrease in the appropriate national health service allocation of more than—
0.1 per cent. of the relevant earnings, in the case of paragraph (a) or (b);
0.1 per cent. of the relevant aggregate, in the case of paragraph (c) or (ca);
4 per cent. of the relevant contributions, in the case of paragraph (d) , (e) or (ea); or
0.2 per cent. of the relevant earnings, in the case of paragraph (f).
The sums recovered by the Inland Revenue under regulations made under paragraph 7A , 7B or 7BZA of Schedule 1 to the Contributions and Benefits Act in respect of interest or penalties shall be paid into the National Insurance Fund.
From the national health service allocation in respect of contributions of any class there shall be deducted such amount as the Inland Revenue may estimate to be the portion of the total expenses incurred by them or any other government department in collecting contributions of that class which is fairly attributable to that allocation, and the remainder shall be paid the Inland Revenue to the Secretary of State towards the cost— in such shares as the Treasury may determine.
of the national health service in England;
of that service in Wales; and
of that service in Scotland,
The Inland Revenue shall pay any amounts deducted in accordance with subsection (9) above into the Consolidated Fund.
In subsection (5) above “the product of the additional rate” means the amount estimated to be the aggregate of—
so much of the total of primary Class 1 contributions as is attributable to section 8(l)(b) of the Contributions and Benefits Act (additional primary percentage);
so much of the total of Class 4 contributions under section 15 of that Act as is attributable to subsection (3)(b) of that section (additional Class 4 percentage); and
so much of the total of Class 4 contributions payable by virtue of section 18 of that Act as is attributable to subsection (1A)(B) of that section (additional Class 4 percentage).
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The Inland Revenue may make regulations modifying this section, in such manner as they think appropriate, in relation to the contributions of persons referred to in the following sections of the Contributions and Benefits Act— and in relation to any contributions which are reduced under section 6(5) of that Act.
section 116(2) (H.M. forces);
section 117(1) (mariners, airmen, etc.);
section 120(1) (continental shelf workers),
In the case of earners paid other than weekly, the reference in paragraph (a) of subsection (5) above to the primary threshold or the upper earnings limit shall be taken as a reference to the equivalent of that threshold or limit prescribed under section 5(4) of the Contributions and Benefits Act.
There shall be paid out of the National Insurance Fund—
benefit under Part II of the Contributions and Benefits Act;
state pension and lump sums under Part 1 of the Pensions Act 2014;
guardian's allowance;
bereavement support payment under section 30 of the Pensions Act 2014;
Christmas bonus if the relevant qualifying benefit is payable out of that Fund;
any sum which, under regulations relating to statutory sick pay, statutory maternity pay, statutory adoption pay , statutory paternity pay , statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay, falls to be paid by or on behalf of the Inland Revenue or to be set off against sums payable to the Inland Revenue otherwise than on account of contributions;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
There shall be paid out of money provided by Parliament— except in so far as they may be required by any enactment to be paid or borne in some other way.
any administrative expenses of the Secretary of State or other government department in carrying into effect the Contributions and Benefits Act , Part 1 of the Pensions Act 2014 , section 30 of that Act or this Act;
benefit under Part III of the Contributions and Benefits Act, other than guardian's allowance;
any administrative expenses of the Secretary of State in supplying information about benefits under Part II of that Act in accordance with regulations under section 23 of the Welfare Reform and Pensions Act 1999;
benefit under Part V of that Act;
any sums payable by way of the following—
income support;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
rate rebate subsidy;
rent rebate subsidy;
rent allowance subsidy;
council tax benefit subsidy;
payments by the Secretary of State into the social fund under section 167(3) below;
child benefit;
Christmas bonus if the relevant qualifying benefit is payable out of such money;
any sums falling to be paid by the Secretary of State or the Inland Revenue under or by virtue of this Act by way of travelling expenses;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The administrative expenses referred to in subsection (2)(a) above include those in connection with any inquiry undertaken—
on behalf of the Inland Revenue with a view to obtaining statistic relating to the operation of Part I of the Contributions and Benefits Act, and
on behalf of the Secretary of State with a view to obtaining statistics relating to the operation of Parts II to VI and XI of that Act or Part 1 of the Pensions Act 2014or section 30 of that Act.
Any sums required by any person for the purpose of paying any secondary Class 1 contributions , or any Class 1A or 1B contributions, which are payable by him in respect of an earner in consequence of the earner's employment in an office of which the emoluments are payable out of the Consolidated Fund shall be paid out of that Fund.
Any expenditure in respect of the payment of interest or repayment supplements under or by virtue of paragraph 6 or 7B of Schedule 1 to the Contributions and Benefits Act or paragraph 6 of Schedule 2 to that Act shall be defrayed out of the National Insurance Fund in accordance with any directions given by the Treasury.
Subject to section 38 of the Jobseekers Act 1995, section 27 of the Welfare Reform Act 2007 and to the following provisions of this section, so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State under or by virtue of this Act shall be paid into the Consolidated Fund.
So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.
So far as any such sum relates to a payment out of the social fund, it shall be paid into that fund.
Sums repaid by virtue of paragraph 1(4)(e) of Schedule 9 to this Act as it has effect for the purposes of schemes under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act shall be paid into the Consolidated Fund.
There shall be paid into the National Insurance Fund—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
sums recovered by the Secretary of State by virtue of a scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act making provision by virtue of paragraph 4 of Schedule 9 to this Act.
Any sums recovered by the Secretary of State under section 15A above... shall be paid—
into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and
into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.
Any sums repaid to the Secretary of State in pursuance of section 119(1) of the 1975 Act (which related to the effect of adjudication and was repealed subject to a saving in relation to certain reviews and appeals) shall—
be paid by him into the Consolidated Fund in so far as they represent benefit which under section 163 above is payable out of money provided by Parliament and not out of the National Insurance Fund; and
otherwise, be paid by him into that Fund.
Any sums received by the Secretary of State under regulations made by virtue of section 15A(2)(b) above shall be paid into the Consolidated Fund.
All penalties recovered by the Secretary of State under section 115A or 115B above shall be paid into the Consolidated Fund.
There shall be made out of the National Insurance Fund into the Consolidated Fund, or by the Secretary of State out of money provided by Parliament to the Inland Revenue for payment into the National Insurance Fund
such payments by way of adjustment as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of any enactment or regulations relating to—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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the repayment or offsetting of benefit as defined in section 122 of the Contributions and Benefits Act , universal credit, personal independence payment or other payments; and
such payments by way of adjustment as the Inland Revenue determine to be appropriate in consequence of the operation of any enactment or regulations relating to—
statutory sick pay; ...
statutory maternity pay;
... statutory paternity pay;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
statutory adoption pay; ...
statutory shared parental pay, ...
statutory parental bereavement pay , and
statutory neonatal care pay.
statutory sick pay;
statutory maternity pay; or
the repayment or offsetting of benefit as defined in section 122 of the Contributions and Benefits Act or other payments.
Where any such payments as are specified in subsection (3) below fall to be made by way of adjustment, then, subject to subsection (4) below,— as may be determined by the appropriate authority.
the amount of the payments to be made shall be taken to be such, and
payments on account of them shall be made at such times and in such manner,
The payments mentioned in subsection (2) above are the following, that is to say—
any payments falling to be made by way of adjustment by virtue of subsection (1)(a) and (b) above;
any payments falling to be made by way of adjustment in consequence of the operation of any enactment or regulations relating to child benefit—
out of the National Insurance Fund into the Consolidated Fund, or
into the National Insurance Fund out of money provided by Parliament; and
any payments falling to be made by way of adjustment in circumstances other than those mentioned in subsection (1) or paragraph (b) above—
out of the National Insurance Fund either to the Secretary of State or another government department or into the Consolidated Fund; or
into the National Insurance Fund out of money provided by Parliament.
In subsection (2) above “the appropriate authority” means— and any determination by the Secretary of State under that subsection must be made in accordance with any directions given by the Treasury.
the Secretary of State, in relation to payments falling to be made by him, or
in Inland Revenue, in relation to payments falling to be made by them;
In relation to payments falling within paragraph (a) or (c) of subsection (3) above, subsection (2) above only applies in such cases or classes of case as may be specified—
in relation to payments falling to be made by the Secretary of State, by the Secretary of State by order made with the concurrence of the Inland Revenue, or
in relation to payments falling to be made by the Inland Revenue, by the Inland Revenue by order.
There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct—
such sums as the Inland Revenue may estimate to be the amount of the administrative expenses incurred by them as mentioned in section 163(2)(a) above , or in carrying into effect any relevant legislation, excluding any expenses which the Treasury may direct, or any enactment may require, to be excluded from the Inland Revenue's estimate under this subsection, and
such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred as mentioned in section 163(2)(a) or (aa) above by any government department other than the Inland Revenue, excluding the expenses specified in subsection (6) below.
There shall be excluded from the estimate under subsection (5)(a) above any expenses attributable to the carrying into effect of provisions of this Act so far as relating to state pension credit.
In subsection (5)(a) “relevant legislation” means—
legislation relating to ordinary statutory paternity pay, additional statutory paternity pay , statutory adoption pay , statutory parental bereavement pay or statutory neonatal care pay,
the National Insurance Contributions Act 2014, or
the National Insurance Contributions Act 2015.
The expenses excluded from the estimate under subsection (5)(b) above are— but none of the administrative expenses of the Christmas bonus shall be excluded from that estimate by virtue of paragraph (a) or (b) above.
expenses attributable to the carrying effect of provisions of the Contributions and Benefits Act or this Act relating to the benefits which by virtue of section 163(2) above , section 20 of the State Pension Credit Act 2002 section 27 of the Welfare Reform Act 2007 or section 148 of the Welfare Reform Act 2012 are payable out of the money provided by Parliament; and
any other category of expenses which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State's estimate under subsection (5)(b) above;
As from the end of the period of 5 years beginning with 6th April 1990, or such shorter period as the Secretary of State may direct, the Government Actuary or the Deputy Government Actuary shall review the operation during that period of—
the 1975 Act;
Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);
the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker's allowance; and
this Act , Chapter II of Part I of the Social Security Act 1998 and Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 so far as they relate to the provisions specified in paragraphs (b) and (c) above.
As from the end of each review period, the Government Actuary or Deputy Government Actuary shall review the operation during that period of—
Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8);
the provisions of the Jobseekers Act 1995 relating to a contribution-based jobseeker's allowance;
the provisions of Part 1 of the Welfare Reform Act 2007 relating to contributory employment and support allowance; and
this Act , Chapter II of Part I of the Social Security Act 1998 and Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 so far as they relate to the provisions specified in paragraphs (a) to (ba) above.
For the purposes of subsection (2) above, a review period is— from the end of the last period to be subject to a review under this section.
the period of five tax years, or
such shorter period as the Treasury may direct in respect of any review.
It shall be the object of a review under this section to determine the extent to which level at which the National Insurance Fund stands from year to year may be expected in the longer term to bear a proper relation to demands in respect of payments of benefit; and for this purpose the Actuary shall take into account—
current rates of contributions;
the yield to be expected from contributions in the longer term; and
such other matters as he considers to be relevant as affecting the present and future level of the Fund.
After completing his review, the Government Actuary or Deputy Government Actuary shall report to the Secretary of State and the Treasury his opinion on the question referred to in subsection (4) above; and the Treasury shall lay a copy of the report before Parliament.
The fund known as the social fund shall continue in being by that name.
The social fund shall continue to be maintained under the control and management of the Secretary of State and payments out of it shall be made by him.
The Secretary of State shall make payments into the social fund of such amounts, at such times and in such manner as he may with the approval of the Treasury determine.
Accounts of the social fund shall be prepared in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor General shall examine and certify every such account and shall lay copies of it, together with his report, before Parliament.
The Secretary of State shall prepare an annual report on the social fund.
A copy of every such report shall be laid before each House of Parliament.
The Secretary of State shall allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act (in this section referred to as “section 138(1)(b) payments”) in a financial year.
The Secretary of State may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.
Allocations—
may be for all section 138(1)(b) payments or for any description of such payments;
may be of different amounts for payments of different descriptions;
may be made at such time or times as the Secretary of State considers appropriate; and
may be in addition to any other allocation ...
The Secretary of State may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.
Without prejudice to the generality of subsection (3)(a), descriptions of section 138(1)(b) payments may, in particular, be framed by reference to—
the purposes for which payments are made;
the persons by whom payments are made (including where such persons are located);
the persons to whom payments are made (including where such persons are located).
The Secretary of State may give general directions to appropriate officers or groups of appropriate officers, or to any class of appropriate officers, with respect to the control and management by appropriate officers or groups of appropriate officers of any amounts allocated to them under this section.
In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to section 138(1)(b) payments.
There shall be made— such payments by way of adjustments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of any enactment or regulations relating to the repayment or offsetting of a benefit or other payment under the Contributions and Benefits Act or section 20 of the State Pension Credit Act 2002.
out of the social fund into the Consolidated Fund or the National Insurance fund;
into the social fund out of money provided by Parliament or the National Insurance Fund,
Where in any other circumstances payments fall to be made by way of adjustment— then, in such cases or classes of case as may be specified by the Secretary of State by order, the amount of the payments to be made shall be taken to be such, and payments on account of it shall be made at such times and in such manner, as may be determined by the Secretary of State in accordance with any direction given by the Treasury.
out of the social fund into the Consolidated Fund or the National Insurance Fund; or
into the social fund out of money provided by Parliament or the National Insurance Fund,
The Social Security Advisory Committee (in this Act referred to as “the Committee”) constituted under section 9 of the Social Security Act 1980 shall continue in being by that name—
to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;
to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and
to perform such other duties as may be assigned to the Committee under any enactment.
Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.
The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).
The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.
In this Act—
The Industrial Injuries Advisory Council (in this Act referred to as “the Council”) constituted under section 62 of the National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.
Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.
The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.
The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.
Subject— where the Secretary of State proposes to make regulations under any of the relevant enactments he shall refer the proposals, in the form of draft regulations or otherwise to the Committee.
to subsection (3) below; and
to section 173 below,
Subject— where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.
to subsection (4) below; and
to section 173 below,
Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.
Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.
In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council if—
it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or
the relevant advisory body have agreed that they shall not be referred.
Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.
Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.
Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—
of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and
in so far as he does not propose to give effect to them, of his reasons why not.
Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council of any regulations contained in either—
a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or
a statutory instrument—
which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment; and
which is made before the end of the period of 6 months feginning with the coming into force of that specified enactment.
In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference made in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
In this section “regulations” means regulations under any enactment, whenever passed.
The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.
If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whold or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—
the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and
in so far as effect has not been given to them, his reasons why not.
In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.
In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
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The Disability Living Allowance Advisory Board (in this section referred to as “the Board”) constituted under section 3(1) of the Disability Living Allowance and Disability Working Allowance Act 1991 shall continue in being by that name.
Regulations shall confer on the Board such functions relating to disability living allowance or attendance allowance as the Secretary of State thinks fit and shall make provision for—
the Board’s constitution;
the qualifications of its members;
the method of their appointment;
the term of office and other terms of appointment of its members;
their removal.
Regulations may also make provision—
enabling the Board to appoint persons as advisers to it on matters on which in its opinion they are specially qualified;
for the appointment of officers and servants of the Board;
enabling the Board to act notwithstanding any vacancy among its members;
enabling the Board to make rules for regulating its procedure (including its quorum).
The expenses of the Board to such an amount as may be approved by the Treasury shall be paid by the Secretary of State out of money provided by Parliament.
There may be paid as part of the expenses of the Board— as the Secretary of State may with the consent of the Treasury determine.
to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances;
to advisers to the Board, such fees; and
to such other persons as may be specified in regulations such travelling and other allowances (including compensation for loss of remunerative time),
The Secretary of State may furnish the Board with such information as he considers that it may need to enable it to discharge its functions.
Subject to subsection (2) below, before making— the Secretary of State shall consult with organisations appearing to him to be representative of the authorities concerned.
regulations relating to housing benefit or council tax benefit (other than regulations of which the effect is to increase any amount specified in regulations previously made);
an order under any provision of Part VIII above,
regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;
Nothing in subsection (1) above shall require the Secretary of State to undertake consultations if—
it appears to him that by reason of the urgency of the matter it is inexpedient to do so; or
the organisations have agreed that consultations should not be undertaken.
Where the Secretary of State has undertaken such consultations, he may make any regulations or order to which the consultations relate without completing the consultations if it appears to him that by reason of the urgency of the matter it is expedient to do so.
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The Secretary of State may with the consent of the Treasury make arrangements with the Northern Ireland Department (“the joint arrangements”) for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides a single system of social security for the United Kingdom.
The Joint Authority consisting of the Secretary of State and the Head of the Northern Ireland Department shall continue in being by that name for the purposes of the enactments mentioned in subsection (5) below; and Schedule 8 to this Act has effect with respect to the Joint Authority.
The responsibility of the Joint Authority shall include that of giving effect to the joint arrangements, with power—
to make any necessary financial adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund; and
to discharge such other functions as may be provided under the joint arrangements.
The Secretary of State may make regulations for giving effect to the joint arrangements; and any such regulations may for the purposes of the arrangements provide—
for adapting legislation (including subordinate legislation) for the time being in force in Great Britain so as to secure its reciprocal operation with Northern Ireland;
without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain (but not so as to confer any double benefit); and
for determining, in cases where rights accrue both in relation to Great Britain and in relation to Northern Ireland, which of those rights shall be available to the person concerned.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may with the consent of the Treasury make reciprocal arrangements with the authority administering any scheme in force in Northern Ireland and appearing to him to correspond substantially with a scheme contained in the Contributions and Benefits Act and this Act concerning any of the benefits to which this section applies for co-ordinating the operation of those schemes, and such arrangements may include provision for making any necessary financial adjustments.
This section applies to the following benefits—
income support;
family credit;
disability working allowance;
housing benefit; or
child benefit.
Regulations may make provision for giving effect to any such arrangements; and such regulations may in particular provide—
for modifying any provision of this Act or the Contributions and Benefits Act concerning any of the benefits to which this section applies or any regulations made under such a provision;
without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the scheme in force in Northern Ireland shall have a corresponding effect for the purposes of this Act and the Contributions and Benefits Act (but not so as to confer any double benefit);
for determining, in cases where rights accrue both under that scheme and under this Act and the Contributions and Benefits Act, which of those rights shall be available to the person concerned.
For the purpose of giving effect— Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.
to any agreement with the government of a country outside the United Kingdom or an international organisation providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or
to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government or international organisation in question,
An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.
The modifications which may be made by virtue of subsection (1) above include provisions—
for securing that acts, omissions and events having any effect for the purposes of the law in force in the country in respect of which the agreement is made or has effect have a corresponding effect for the purposes of this Act , the Jobseekers Act 1995 , Chapter II of Part I of the Social Security Act 1998 , Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 , Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 , the State Pension Credit Act 2002 , Part 1 of the Welfare Reform Act 2007 , Part 1 of the Welfare Reform Act 2012 , Part 4 of that Act , Part 1 of the Pensions Act 2014 , Part 5 of that Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);
for determining, in cases where rights accrue both under such legislation and under the law in force in that country, which of those rights is to be available to the person concerned;
for making any necessary financial adjustments.
This section applies—
to the Jobseekers Act 1995; and
to Chapter II of Part I of the Social Security Act 1998;
to Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and
to Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999; and
to the State Pension Credit Act 2002; and
to Part 1 of the Welfare Reform Act 2007;
to Part 1 of the Welfare Reform Act 2012; and
to Part 4 of that Act; and
to Part 1 of the Pensions Act 2014;
to Part 5 of the Pensions Act 2014;
to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.
The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act, this Act or Part 1 of the Welfare Reform Act 2007 or Part 1 of the Pensions Act 2014 or section 30 of that Act and concerning—
income support;
universal credit;
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
jobseeker's allowance;
housing benefit; or
state pension credit;
child benefit.
employment and support allowance;
state pension under Part 1 of the Pensions Act 2014;
bereavement support payment;
In this section, “international organisation” means an organisation of which—
two or more sovereign powers are members, or
the governments of two or more sovereign powers are members.
This section applies where it appears to the Secretary of State-
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
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
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.
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.
This section does not apply where provision is in force under section 179 above for giving effect to the arrangements in question.
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.
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.
The Secretary of State may pay such travelling expenses as, with the consent of the Treasury, he may determine—
to persons required by him to attend any interview in connection with the operation of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act;
to persons attending local offices in connection with the operation—
of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998,, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act; or
of any prescribed enactment.
The Inland Revenue may pay such travelling expenses as they may determine—
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;
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.
If any person, with intent to deceive, falsely represents himself to be a person authorised by the Secretary of State for Work and Pensions to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
If any person— receives, detains or has in his possession any document issued by or on behalf of the Secretary of State for Work and Pensions in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.
as a pledge or a security for a debt; or
with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,
If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.
A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.
The Secretary of State may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which— either by himself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.
are due to the nature of employment; or
it is contemplated might be prescribed for the purposes of section 108 to 110 of the Contributions and Benefits Act,
The Secretary of State may pay to persons so employed by him such salaries or remuneration, and such travelling and other allowances, as he may determine with the consent of the Treasury.
As respects pneumoconiosis, regulations may provide—
for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination;
for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination—
to be suffering from pneumoconiosis or tuberculosis, or
to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility to pneumoconiosis as may be prescribed;
for the disqualification for the receipt of personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act, in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;
for requiring employers—
to provide facilities for such examinations,
not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,
to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;
for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, so, however, that such penalties shall not exceed £5.00 for every day on which the contravention or failure occurs or continues;
for such matters as appear to the Secretary of State to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contribution and Benefits Act.
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.
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.
In subsections (1) and (2) above “social security authority” means—
the Secretary of State;
the Northern Ireland Department; or
any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).
In subsections (1) and (2) above “social security post” means postal packets—
the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and
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.
In this section—
“redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and
“postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011.
Any requirement imposed under subsection (1) above has effect subject to any order under—
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);
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
paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).
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—
for the use in the prevention, detection, investigation or prosecution of offences relating to social security; or
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.
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—
for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or
for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.
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.
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.
Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—
it could be supplied to that person or body under either of those subsections; or
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.
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—
supplied to any person or body to whom that other information could be supplied; or
used for any purpose for which that other information could be used.
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.
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.
Schedule 9 to this Act shall have effect in relation to schemes under paragraphs 2 and 4 of Schedule 8 to the Contributions and Benefits Act.
Regulations may provide for applying in relation to payments under Part II of that Schedule the provisions of this Act relating to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to— (as the case may be) subject to any additions or modifications
an unemployment supplement;
an increase of a disablement pension in respect of a child or adult dependant; or
an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,
Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.
Regulations under subsection (1) above may require the application to be made to the Secretary of State or to the Inland Revenue.
An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.
Schedule 10 to this Act shall have effect for the purpose of making provision in relation to the benefits there mentioned.
Subject to the provision of this Act, every assignment of or charge on— and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.
benefit as defined in section 122 of the Contributions and Benefits Act;
universal credit;
any income-related benefit; or
state pension under Part 1 of the Pensions Act 2014;
child benefit,
a jobseeker's allowance;
state pension credit;
an employment and support allowance;
personal independence payment;
bereavement support payment under section 30 of the Pensions Act 2014;
In the application of subsection (1) above to Scotland—
the reference to assignment of benefit shall be read as a reference to assignation, “assign” being construed accordingly;
the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.
In calculating for the purposes of section 5 of the Debtors Act 1869 or section 4 of the Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.
Stamp duty shall not be chargeable on any document to which this subsection applies.
Subsection (1) above applies to any document authorised by virtue— or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.
of Parts I to VI of the Contributions and Benefits Act; or
of any provision of this Act so far as it operates in relation to matters to which those Parts relate,
Stamp duty shall not be chargeable—
upon such documents used in connection with business under paragraphs 2 and 3 of Schedule 8 to the Contributions and Benefits Act and paragraph 1 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 2 of Schedule 8 to the Contributions and Benefits Act; or
upon such documents used in connection with business under paragraphs 4 to 6 of that Schedule and paragraph 2 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 4 of Schedule 8 to the Contributions and Benefits Act.
Subject to ... any provision providing for an order or regulations to be made by the Treasury or the Inland Revenue and to any ... express provision of this Act, regulations and orders under this Act shall be made by the Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Powers under this Act to make regulations or orders are exercisable by statutory instrument (subject to section 24(6B)).
Except in the case of regulations under section ... ... above and in so far as this Act otherwise provides, any power conferred by this Act to make an Order in Council, regulations or an order may be exercised— and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make an Order in Council, regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.
either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
so as to make, as respects the cases in relation to which it is exercised—
the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;
any such provision either unconditionally or subject to any specified condition;
Without prejudice to any specific provision in this Act, a power conferred by this Act to make an Order in Council, regulations or an order ... includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to Her Majesty, or the authority making the regulations or order, as the case may be, to be expedient for the purposes of the Order in Council, regulations or order.
Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act, except sections 14, 24 and 130, to make an Order in Council, regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000.
Any power conferred by this Act to make orders or regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.
For the purposes of subsection (5A), references in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000 to an order under section 8 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.
An order under section 140B, 140C 150, 150A, 152, 165(4)(a) or 169 above ... shall not be made by the Secretary of State without the consent of the Treasury.
Any powers of the Secretary of State under any provision of this Act, except under sections 80 and 154, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2F and 7A above may provide for all or any of the provisions of the regulations to apply in relation to any area or areas specified in the regulations.
A power under section 179 above to make provision by regulations or Order in Council for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and is without prejudice to the generality of any such direction.
Any reference in this section or section 190 below to an Order in Council, or an order or regulations, under this Act includes a reference to an Order in Council, an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and without prejudice to the generality of any such direction.
Subject to the provision of this section, a statutory instrument containing (whether alone or with other provisions)— shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.
an order under section 141, 143 ... , 145, ... , 150, 150A, 151A, 152, or 162(7) above;
an order under section 115A(3B);
regulations under section ... 122B(1)(b) or 154 above,
regulations under section 115C(2) or 115D(1) or (2);
regulations under section 132A(4);
any order containing provision adding any person to the list of persons falling within section 109B(2A) above;
the first regulations to be made under section 2A;or
the first regulations to be made under section 2AA;
regulations making provision in reliance on paragraph 25(3) of Schedule 3ZA; or
regulations under paragraph 2(1)(b) or 19(2) of Schedule 3B;
Subsection (1) above does not apply to a statutory instrument by reason only that it contains regulations under section 154 above which are to be made for the purpose of consolidating regulations to be revoked in the instrument.
A statutory instrument— shall be subject to annulment in pursuance of a resolution of either House of Parliament.
which contains (whether alone or with other provisions) orders or regulations made under this Act by the Secretary of State , the Treasury or the Inland Revenue; and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
which contains (whether alone or with other provisions) regulations made under this Act by the Lord Chancellor; and
which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
In this Act, unless the context otherwise requires—
This Act may be cited as the Social Security Administration Act 1992.
This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.
The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.
Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.
The following provisions extend to Northern Ireland— ... ... section 132A (and sections 189 and 190, but only for the purposes of regulations under section 132A); section 170 (with Schedule 5); section 171 (with Schedule 6); section 177 (with Schedule 8); and this section.
Except as provided by this section, this Act does not extend to Northern Ireland.
Section 80C
Where an amount is recoverable from a liable person who holds an account with a bank, the Secretary of State may make an order (a “direct deduction order”) in respect of that account. A direct deduction order must be given to the bank with which the account is held. A direct deduction order may be— A regular direct deduction order is an order requiring the bank— A lump sum direct deduction order is an order requiring the bank— The Secretary of State may give a regular direct deduction order and a lump sum direct deduction order in respect of the same account. The Secretary of State must give a copy of a direct deduction order to— Paragraphs 3 to 5 set out steps that the Secretary of State must take before making a direct deduction order.
The Secretary of State may make a direct deduction order in respect of any account which— The Secretary of State may make a direct deduction order in respect of a joint account only if the liable person does not hold a sole account in respect of which a direct deduction order may be made which would be likely to result in the recovery of the recoverable amount within a reasonable period of time. But sub-paragraph (2) does not apply if all the holders of a joint account are liable persons in relation to the same recoverable amount.
Before the Secretary of State makes a direct deduction order in respect of a liable person’s account, the Secretary of State must obtain and consider bank statements for the account covering a period of at least 3 months. To obtain the statements, the Secretary of State must give the bank with which the Secretary of State believes the liable person holds the account a notice (an “account information notice”) requiring the bank to give the Secretary of State statements for the account covering— An account information notice must— The Secretary of State may give an account information notice relating to an account only for the purpose of determining whether to make a direct deduction order in respect of the account. At any time, for the purposes of determining whether to make a direct deduction order in relation to a liable person, the Secretary of State may give a notice (a “general information notice”) to a bank requiring the bank to— The Secretary of State may give— A notice under this paragraph must— The bank must comply with a notice given under this paragraph. Subject to sub-paragraph (10), a bank that is given an account information notice, or a general information notice, must not notify any of the following people that the notice has been given— The prohibition in sub-paragraph (9) ceases to apply— Information given to the Secretary of State in response to a notice under this paragraph may be used by the Secretary of State for purposes connected with the Secretary of State’s functions under this Part of this Act, but not for any other purpose.
Before making a direct deduction order in respect of a joint account, the Secretary of State must make an assessment of the liable person’s beneficial interest in the amounts which are or may be in the account from time to time. The Secretary of State must presume that the liable person’s beneficial interest entitles them to the following share in any amounts which are or may be in the account from time to time— where “N” is the number of account holders. But the presumption does not apply where the Secretary of State has reason to believe that the liable person’s beneficial interest is different from the presumed share. In making an assessment under sub-paragraph (1), the Secretary of State must have regard to—
Before making a direct deduction order, the Secretary of State must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice— The notice must invite the liable person and, in the case of a joint account, each other account holder— The notice must set out the means by which, and the period within which, representations may be made. The period must be a period of at least 1 month beginning with the day after the day on which the notice is given. The Secretary of State must— A notice under sub-paragraph (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that sub-paragraph (and for the effect of giving the notice to the bank see paragraph 11 (restrictions on accounts)). Where a notice is given to the bank in reliance on sub-paragraph (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank. If, following the giving of a notice under this paragraph, the Secretary of State decides not to make a direct deduction order, the Secretary of State must, as soon as reasonably practicable, notify every person given a notice under sub-paragraph (1) of the decision.
The Secretary of State may make a direct deduction order only if satisfied on the basis of information received by virtue of paragraphs 3 and 5 that the terms of the order— A person is within this sub-paragraph if— The total amount of deductions to be made under a regular direct deduction order in relation to any period of 1 month must not exceed 40% of the relevant amount. For the purposes of sub-paragraph (3), the “relevant amount” is the amount that the Secretary of State reasonably expects to be credited to the account in question in (or in respect of) a typical month during the period for which the order will have effect, having regard to all statements given to the Secretary of State in relation to the account (see paragraphs 3(2) and 15(1)). The Secretary of State must ensure that the amount to be deducted and paid to the Secretary of State under a direct deduction order does not exceed the recoverable amount to which the order relates.
A regular direct deduction order must specify— A regular direct deduction order may specify different amounts to be deducted at different times. A lump sum direct deduction order must specify— A direct deduction order may not require an amount to be deducted from a person’s account before the end of the period of 1 month beginning with the day after the day on which the Secretary of State complies with paragraph 1(7). A bank must comply with a direct deduction order.
A direct deduction order may include provision for the bank to deduct from the liable person’s account an amount specified in, or calculated in accordance with, the order, for the purposes of meeting costs reasonably incurred by the bank in complying with the order. A bank may deduct the costs to which they are entitled under a direct deduction order immediately prior to making the deduction which is to be paid to the Secretary of State under the order. In complying with paragraph 6(1) and (3) in relation to a direct deduction order the Secretary of State must take account of any deductions to be made under the order by virtue of sub-paragraph (1).
Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction— Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction— References in this paragraph to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under paragraph 8(1).
If (apart from this paragraph) a bank would be required to make a deduction and payment under a direct deduction order on a day that is not a working day, the obligation to make the deduction and payment applies in relation to the next working day after that day. In this paragraph, “working day” means any day other than—
Where a notice under paragraph 5 (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under paragraph 1, is given to a bank in relation to a liable person’s account, the bank must— The action is to— Where a bank takes the action set out in sub-paragraph (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account. A bank must ensure that taking the action set out in sub-paragraph (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with sub-paragraph (1)(a). The requirements in sub-paragraph (1) cease to apply when— In this paragraph, “specified” means specified in a pre-deduction notice or direct deduction order.
Any holder of an account to which a direct deduction order applies may apply to the Secretary of State to vary the order. The Secretary of State must give any other holders of the account an opportunity to make representations in relation to the application. The Secretary of State must notify the applicant and any other account holders of the Secretary of State’s decision on the application.
The Secretary of State may vary a direct deduction order (whether after an application by an account holder or otherwise). The provisions in this paragraph apply in relation to any variation of a direct deduction order, including one that results from a review under paragraph 18. Where the Secretary of State proposes to vary a direct deduction order other than under sub-paragraph (7), the Secretary of State must give— an opportunity to make representations about the proposed variation. The Secretary of State may comply with sub-paragraph (3) at the same time as complying with paragraph 12(2). A variation to a direct deduction order takes effect when the Secretary of State gives the varied order to the bank or, if later, in accordance with the terms of the order as varied. The Secretary of State must give a copy of the varied order to the liable person and, in the case of a joint account holder, each other account holder. The Secretary of State may vary a direct deduction order so that the order applies to another account held by the liable person (including an account administered by a different bank) only if— Where a direct deduction order is varied under sub-paragraph (7)— The steps set out in paragraphs 3 to 5 do not apply to a decision to vary a direct deduction order.
The Secretary of State may revoke a direct deduction order. The Secretary of State must revoke a direct deduction order as soon as reasonably practicable after becoming aware that— Where the Secretary of State revokes a direct deduction order, the Secretary of State must give a notice of the revocation to—
For the purposes of determining whether to revoke or vary a direct deduction order, the Secretary of State may give a bank a notice (a “further information notice”) requiring the bank— Sub-paragraphs (6) to (8) and (11) of paragraph 3 apply in relation to a further information notice as they apply in relation to a notice under that paragraph. Before giving a further information notice to a bank requiring statements to be given in respect of a joint account, the Secretary of State must notify each account holder other than the liable person— A further information notice may be given to the bank before, at the same time as or after the Secretary of State complies with paragraph 13(3).
The Secretary of State may suspend and re-start the requirement to make deductions and payments under a regular direct deduction order at any time by notifying the bank to which the order was given. The Secretary of State must notify the liable person and, in the case of a joint account, each other account holder, if the requirement is suspended or re-started under this paragraph. Where the requirement is suspended for a continuous period of 2 years the regular direct deduction order in question is to be treated as having been revoked at the end of that period. Where a regular direct deduction order is treated as having been revoked by virtue of sub-paragraph (3), the Secretary of State must give notice to that effect to— Sub-paragraph (3) does not prevent the Secretary of State making a further regular direct deduction order in respect of the same liable person and account.
A bank ceases to be subject to a direct deduction order on becoming aware of the liable person’s death.
This paragraph applies where the Secretary of State— Any of the following persons (“relevant persons”) may apply to the Secretary of State for a review of the decision to make, to vary or not to vary the order— An application under sub-paragraph (2) must be made before the end of the period of 1 month beginning with the day after the day on which the applicant was— An application for a review under this paragraph may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order). On a review, the Secretary of State may— After a review has been carried out, the Secretary of State must notify the applicant and other relevant persons of the outcome of the review. See paragraph 13 for provisions about varying a direct deduction order.
A relevant person may appeal to the First-tier Tribunal against— A relevant person may not appeal under sub-paragraph (1) in relation to a matter within paragraph (a), (b) or (c) of that sub-paragraph unless they— in relation to the matter. Sub-paragraph (2) does not apply where a direct deduction order is varied on a review under paragraph 18. An appeal under sub-paragraph (1) may not be brought after the end of— An appeal under sub-paragraph (1) may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order). Where a relevant person appeals under this paragraph in relation to a direct deduction order, the First-tier Tribunal may suspend the requirement on the bank to which the order has been given to give effect to the order for some or all of the time until the appeal (including any onward appeal) is withdrawn, abandoned or finally determined. On an appeal under sub-paragraph (1), the First-tier Tribunal may— In this paragraph, “relevant person” has the meaning that it has in paragraph 18.
If the Secretary of State has reasonable grounds to believe that a bank— the Secretary of State may impose on the bank a penalty of £500. The Secretary of State may not impose a penalty before giving the bank an opportunity to make representations about their compliance. The Secretary of State imposes a penalty by giving the bank a notice of the penalty (a “penalty notice”). A penalty notice must state— The Secretary of State may vary or revoke a penalty notice by giving a notice to that effect to the bank.
In England and Wales, a penalty imposed under this Part of this Schedule is recoverable— In Scotland, a penalty imposed under this Part of this Schedule may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
A bank on which a penalty is imposed under paragraph 20 may appeal to the First-tier Tribunal against the imposition of the penalty. An appeal under sub-paragraph (1) may not be brought after the end of— On an appeal under sub-paragraph (1) the Tribunal may confirm or quash the decision to impose the penalty. If an appeal is brought under sub-paragraph (1), the penalty which is the subject of the appeal is not payable until the appeal (including any onward appeal) is determined or withdrawn.
This paragraph applies where a person (a “deputy”) acts on behalf of an account holder (including a liable person) in relation to their account by virtue of— The following provisions apply in relation to the deputy of the account holder as they apply in relation to the account holder— Paragraph 13(7)(a) and (b) applies in relation to the deputy of the account holder instead of the account holder. Sub-paragraph (5) applies where— The bank must give the Secretary of State the name and correspondence address that it holds for that deputy (unless the bank has already provided that information).
In this Schedule— For the purposes of paragraph (a) in the definition of “bank” in sub-paragraph (1)— For the purposes of paragraph (b) in the definition of “bank” in sub-paragraph (1), a person is authorised to issue electronic money if— In sub-paragraph (3), “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations). In this Schedule, references to an amount in an account are to an amount standing to the credit of the account. In this Schedule, references to a person holding an account include references to— and “holder” is to be read accordingly.
Regulations may make further provision about direct deduction orders. Regulations under this paragraph may, among other things, make provision— Regulations under this paragraph may, among other things, apply this Schedule, as it applies to banks, to other types of person who provide financial products or services (including products or services that operate by reference to cryptoassets or any similar product or service). In sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002. Before making relevant regulations in reliance on sub-paragraph (2)(a), (b), (f) or (g), the Secretary of State must consult— Before making relevant regulations in reliance on sub-paragraph (3), the Secretary of State must consult— In this paragraph, “relevant regulations” means—
Section 80D
This Schedule applies where— Where the amount still to be recovered is at least £1,000, the Secretary of State may apply to the court for a suspended DWP disqualification order (but see sub-paragraph (7)). A suspended DWP disqualification order is an order— Subject to sub-paragraph (6), the court must make a suspended DWP disqualification order if the court is satisfied, on the balance of probabilities, that the liable person has, without reasonable excuse, not paid the recoverable amount. The terms of repayment must include terms for the payment of any costs awarded by the court to the Secretary of State relating to the order. The court may not make a suspended DWP disqualification order if the court considers that the liable person— The Secretary of State may apply for a second or subsequent suspended DWP disqualification order in relation to a recoverable amount even if the amount still to be recovered has fallen to less than £1,000. A suspended DWP disqualification order ceases to have effect when— Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard. In this Schedule—
Subject to sub-paragraph (6), if a liable person fails to comply with terms of repayment in a suspended DWP disqualification order, the Secretary of State may apply to the court for an immediate DWP disqualification order. An immediate DWP disqualification order is an order— Subject to sub-paragraph (5), if the court is satisfied on the balance of probabilities that the liable person has failed, without reasonable excuse, to comply with terms of repayment in a suspended DWP disqualification order, the court must make an immediate DWP disqualification order on an application under sub-paragraph (1). The period mentioned in sub-paragraph (2)(b) may not be longer than 2 years beginning with the day on which the order is made. The court may not make an immediate DWP disqualification order if the court is of the opinion that the liable person— Where the terms of repayment provide for repayment in instalments, the failure to pay a single instalment is not to be regarded as a failure to comply with the terms unless the liable person fails to repay the entire recoverable amount by the time the final instalment is due. The Secretary of State may apply for more than one immediate DWP disqualification order in relation to the same suspended DWP disqualification order. Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.
The court must be satisfied that the terms of repayment set out in a suspended or immediate DWP disqualification order are ones with which the liable person has the means to comply.
On an application by the liable person or the Secretary of State, the court may, where some of the recoverable amount to which a suspended or immediate DWP disqualification order relates has been recovered, make an order varying, or revoking, a suspended or immediate DWP disqualification order. But the court may revoke a suspended or immediate DWP disqualification order in reliance on sub-paragraph (1) only where the court considers that revoking the order will increase the likelihood of the remainder of the recoverable amount being recovered. When considering an application under sub-paragraph (1), the court must invite representations from— or give both the Secretary of State and the liable person an opportunity to be heard. The court may vary or revoke a suspended or immediate DWP disqualification order on an application from the liable person where— An application under sub-paragraph (4) must be made within the period of 21 days beginning with the day after the day on which the liable person is given notice that the order has been made. Before determining an application under this paragraph, the court must give the Secretary of State and the liable person an opportunity to be heard. Where the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in paragraph 1(5) from a liable person subject to an immediate DWP disqualification order— In this paragraph, references to varying a suspended or immediate DWP disqualification order include varying the terms of repayment set out in the order. In sub-paragraph (7)(b), “court officer” means a member of the staff of the court authorised by the court for the purposes of that sub-paragraph.
Where the court makes an immediate DWP disqualification order, the court— For the purposes of this paragraph, “driving licence” includes any document by virtue of which a person is authorised under Part 3 of the Road Traffic Act 1988 to drive a motor vehicle in Great Britain.
The liable person or the Secretary of State may appeal to the appropriate appellate court on a point of law against— An appeal under this paragraph must be made within the period of 21 days beginning with the day after the day on which notice of the decision to which it relates is given. On an appeal under this paragraph, the appropriate appellate court may— In this Schedule, the “appropriate appellate court” means—
A court must give the Secretary of State and the liable person notice if— Notice under this paragraph is to be given to the Secretary of State in such manner and to such addresses, and to contain such particulars, as the Secretary of State may require. The court may grant permission for an application or an appeal after the periods mentioned in paragraphs 4(5) and 6(2) (as the case may be) where satisfied that there is a compelling reason to do so. Regulations may make provision— In this paragraph, the reference to “a court” is to “the court” and “the appropriate appellate court”.
A public authority that holds information about a liable person’s driving licence may, on a request by the Secretary of State, disclose that information to the Secretary of State for the purpose of facilitating the exercise of the Secretary of State’s functions under this Schedule.
Section 109(1) of the Road Traffic Act 1988 (Northern Ireland licences) has effect subject to any provision made by or under this Schedule. For the purposes of that section, the reference in paragraph 2(2)(b) to disqualifying a person from holding or obtaining a driving licence is to be read as a reference to disqualifying a person from driving any vehicle under Part 3 of the 1988 Act.
This paragraph applies where a person fraudulently or negligently— The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person. The amount of a penalty imposed under this paragraph— 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. The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed. The notice must—
A person on whom a penalty is imposed under paragraph 1 may appeal to the First-tier Tribunal against the determination imposing it. On an appeal under sub-paragraph (1), the First-tier Tribunal may— 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). For an appeal on a point of law, see section 11 of that Act. 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. 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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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).
The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule.
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. 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.
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.
Section 121DB
The Secretary of State may, for the purposes of assisting in identifying incorrect payments of a relevant benefit, give a person of a type mentioned in paragraph 2 a notice (an “eligibility verification notice”) requiring the person to take the steps mentioned in sub-paragraphs (3) and (4). The Secretary of State may give an eligibility verification notice only where the Secretary of State considers that it is necessary and proportionate to do so. The first step is to identify relevant accounts (see paragraph 20(1)) which— The second step is to give to the Secretary of State the following information for each identified account— Information that amounts to transaction information or special category data— But the prohibition against the requiring and giving of special category data does not prohibit the requiring and giving of data to establish that an individual is in receipt of the specified relevant benefit. A person given an eligibility verification notice is not required to carry out the steps set out in sub-paragraphs (3) and (4) in relation to any account that is held outside the United Kingdom. In this paragraph the reference to an account which is linked to an account into which a specified relevant benefit is paid is to an account held by the same person who holds the account into which that benefit is paid. In this Schedule, references to an incorrect payment of a benefit—
The types of persons referred to in paragraph 1(1) are persons— This sub-paragraph applies to persons who— Regulations under sub-paragraph (1)(b) may describe only types of person who provide accounts which are, or correspond to, relevant accounts (including accounts that operate by reference to cryptoassets or any similar asset). In sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002. For the purposes of sub-paragraph (2)(a)(i) — For the purposes of sub-paragraph (2)(a)(ii), a person is authorised to issue electronic money if the person— In this paragraph, “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations).
The eligibility indicators in an eligibility verification notice must be criteria which indicate that the specified relevant benefit may have been, or may be, incorrectly paid. The eligibility indicators may be criteria to be met by a single account or by two or more accounts combined. The eligibility indicators must not include personal data.
An eligibility verification notice must specify a period within which the person given the notice must comply with the notice to avoid liability to a penalty under Part 2 of this Schedule. The period specified— An eligibility verification notice must give details about— An eligibility verification notice (a “periodic eligibility verification notice”) may require a person to take the steps set out in paragraph 1(3) and (4) at specified intervals within a period not exceeding 1 year from the date of the notice. If it does so, the eligibility verification notice must set out the periods within which the person must comply with the eligibility verification notice for each specified interval. Each such period must not be less than 14 days. An eligibility verification notice may not require a person to examine historic data, except for the purpose set out in sub-paragraph (9). Data is historic, in relation to an eligibility verification notice, if it relates to a time before the beginning of the period of 1 year ending with the day on which the notice is given. An eligibility verification notice may require a person to provide the date that an account which meets an eligibility indicator first began to meet that indicator. An eligibility verification notice may require information— The Secretary of State may vary or revoke an eligibility verification notice by giving notice to the person to whom it was given.
Information given to the Secretary of State in response to an eligibility verification notice (“EVM information”) may be used— but not for any other purpose. Sub-paragraph (3) applies where— The authorised officer must have regard to all information that the Secretary of State has that is relevant to the question whether to give the information notice, including information that is not EVM information. Sub-paragraph (5) applies where— The Secretary of State must have regard to all information that the Secretary of State has that is relevant to the question whether to suspend the payments, including information that is not EVM information. Sub-paragraph (7) applies where— The Secretary of State must have regard to all information that the Secretary of State has that is relevant to the question whether the earlier decision should be revised or superseded, including information that is not EVM information.
This Schedule does not require or authorise any disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. Any disclosure of information carried out in accordance with this Schedule (as read subject to sub-paragraph (1)) does not breach—
If the Secretary of State considers that a person given an eligibility verification notice— the Secretary of State may impose a penalty (a “fixed penalty”) on the person. But the Secretary of State may not impose a fixed penalty before— The Secretary of State imposes a fixed penalty by giving the person a notice of the penalty (a “fixed penalty notice”). A fixed penalty notice must state— A fixed penalty may not exceed £1,000. The Secretary of State may vary or revoke a fixed penalty notice by giving notice to the person to whom it was given. The Secretary of State may not impose more than one fixed penalty in respect of an eligibility verification notice except a periodic eligibility verification notice. In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one fixed penalty in respect of each specified interval.
The Secretary of State may impose a penalty (a “daily rate penalty”) on a person if— The Secretary of State imposes a daily rate penalty by giving the person a notice of the penalty (a “daily rate penalty notice”). A daily rate penalty notice must state— The daily rate of a daily rate penalty may not exceed £40. The Secretary of State may vary or revoke a daily rate penalty notice by giving notice to the person to whom it was given. The Secretary of State may not impose more than one daily rate penalty in respect of an eligibility verification notice except a periodic eligibility verification notice. In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one daily rate penalty in respect of each specified interval.
This paragraph applies if— The Secretary of State may make an application to the Tribunal for an increased daily rate penalty to be payable by the person. If the Tribunal determines that an increased daily rate penalty must be paid, it must determine— In deciding the increased daily rate, the Tribunal, must, in particular, have regard to— The Tribunal may not determine a daily rate that exceeds £1,000. The Secretary of State must notify the person of the Tribunal’s determination.
The Secretary of State may impose a penalty (an “inaccurate information penalty”) on a person under this paragraph if the Secretary of State considers that— Condition A is that the inaccuracy was— Condition B is that the person— Condition C is that the person— The Secretary of State may impose a penalty (a “prohibited information penalty”) under this paragraph if the person, without reasonable excuse, gives the Secretary of State information in contravention of paragraph 1(5) (transaction information or special category data). But the Secretary of State may not impose a penalty under this paragraph before giving the person an opportunity to make representations about— The Secretary of State imposes a penalty under this paragraph by giving a notice (an “information penalty notice”). An information penalty notice must state— A penalty under this paragraph may not exceed £3,000. The Secretary of State may vary or revoke an information penalty notice by giving notice to the person to whom it was given.
In England and Wales, a penalty imposed under this Part of this Schedule is recoverable— In Scotland, a penalty imposed under this Part of this Schedule may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Regulations may amend the amount for the time being specified in paragraph 7(5), 8(4), 9(5) or 10(9) to reflect a change in the value of money.
A person to whom an eligibility verification notice is given may apply to the Secretary of State for a review of the decision to give the notice. An application under sub-paragraph (1) must be made within the period of 14 days beginning with the day on which the notice is given. On a review, the Secretary of State may— After a review has been carried out, the Secretary of State must— Where an application for a review of an eligibility verification notice is made under sub-paragraph (1) —
A person who is given an eligibility verification notice may appeal to the Tribunal against the notice on any of the following grounds— An appeal under sub-paragraph (1) may not be brought after the end of— On an appeal under sub-paragraph (1), the Tribunal may— Where an appeal under sub-paragraph (1) is brought against an eligibility verification notice the notice is of no effect until the appeal is determined or withdrawn, unless the Tribunal orders otherwise.
A person on whom a penalty is imposed under Part 2 of this Schedule may appeal to the Tribunal against— But a person may not appeal against a decision of the Tribunal to increase a daily rate penalty under paragraph 9. An appeal under sub-paragraph (1) may not be brought after the end of— On an appeal under sub-paragraph (1), the Tribunal may— If an appeal is brought under sub-paragraph (1), the penalty which is the subject of the appeal is not payable until the appeal is determined or withdrawn.
If the Tribunal confirms or varies an eligibility verification notice or the imposition of a penalty on an appeal under this Part of this Schedule, the person to whom the notice was given, or on whom the penalty was imposed, must comply with the notice or pay the penalty— A decision by the Tribunal on an appeal under this Part of this Schedule is final (despite the provisions of sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007).
The Secretary of State must issue a code of practice about eligibility verification notices before giving the first such notice under this Schedule. The code of practice must include provision about— Before issuing the code of practice, the Secretary of State must carry out a public consultation on a draft of the code. The Secretary of State must lay the code of practice before Parliament. The requirement in sub-paragraph (3) may be satisfied by public consultation carried out before this paragraph comes into force.
The Secretary of State may from time to time revise and re-issue the code of practice issued under paragraph 17. Paragraph 17(3)and (4) apply in relation to a re-issue of a code of practice as they apply in relation to the issue of the first code of practice. But paragraph 17(3) does not apply if the only changes to be made to the code of practice are—
In this Schedule “relevant benefit” means any of the following benefits— Regulations may amend this paragraph so as to add, or remove, types of benefit to, or from, the definition of “relevant benefit”. Regulations under sub-paragraph (2) may add a type of benefit only to the extent that the benefit is administered by, or on behalf of, the Secretary of State.
In this Schedule “relevant account” means a personal account which operates as— including such an account which operates by reference to electronic money. For the purposes of sub-paragraph (1)— In this Schedule a reference to a person holding an account includes a reference to— and “holder” is to be read accordingly. Sub-paragraphs (5) to (8) apply for the purposes of this Schedule where an eligibility verification notice is given to a body corporate (“P”). The reference in paragraph 1(3)(a) to P providing an account includes a reference to another person in the same group as P providing an account if the condition in sub-paragraph (6) is met. The condition is that P— For the purposes of sub-paragraph (5), two persons are in the same group if both are bodies corporate and— In sub-paragraph (7), “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
In this Schedule, references to giving a notice or other document (however expressed) include sending the notice or document by post.
In this Schedule—
Nothing in this Schedule limits the powers conferred on the Secretary of State by sections 109B and 109BZA (powers to require information) (but this is subject to paragraph 5).