Social Security Administration Act 1992

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

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

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

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

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

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

The Disability Living Allowance Advisory Board

Disability Living Allowance Advisory Board

175

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

Housing benefit and community charge benefits.

Consultation with representative organisations

176

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

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

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

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

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

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

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

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

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

Part XIV — Social Security Systems Outside Great Britain

Co-ordination

Co-ordination with Northern Ireland

177

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

Reciprocity

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

178

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

Reciprocal agreements with countries outside the United Kingdom

179

• (1) For the purpose of giving effect—

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

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

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

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

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

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

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

• (c) for making any necessary financial adjustments.

• (4) This section applies—

• (a) to the Contributions and Benefits Act;

• (aa) to the Jobseekers Act 1995; and

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

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

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

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

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

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

• (ah) to Part 4 of that Act; and

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

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

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

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

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

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

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

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

• (i) community charge benefits;

• (ii) payments out of the social fund;

• (iii) Christmas bonus;

• (iv) statutory sick pay; and

• (v) statutory maternity pay.

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

• (za) universal credit;

• (a) income support;

• (aa) jobseeker's allowance;

• (ab) state pension credit;

• (ac) employment and support allowance;

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

• (ae) bereavement support payment;

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) housing benefit; or

• (e) child benefit.

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

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

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

Part XV — Miscellaneous

Travelling expenses

Payment of travelling expenses by Secretary of State

180

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

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

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

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

• (ii) of any prescribed enactment.

Offences

Impersonation of officers

181

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

Illegal possession of documents.

182

• (1) If any person—

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

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

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

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

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

Industrial injuries and diseases

Research on industrial injuries, etc

183

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

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

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

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

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

Control of pneumoconiosis

184

As respects pneumoconiosis, regulations may provide—

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

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

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

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

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

• (d) for requiring employers—

• (i) to provide facilities for such examinations,

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

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

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

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

Workmen's compensation etc

Administration of workmen’s compensation etc

185

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

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

• (a) an unemployment supplement;

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

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

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

Supplementary benefit etc

Application of provisions of Act to supplementary benefit etc

186

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

Miscellaneous

Certain benefit to be inalienable

187

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

• (za) universal credit;

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

• (a) benefit as defined in section 122 of the Contributions and Benefits Act;

• (aa) a jobseeker's allowance;

• (ab) state pension credit;

• (ac) an employment and support allowance;

• (ad) personal independence payment;

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

• (b) any income-related benefit; or

• (c) child benefit,

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

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

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

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

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

Exemption from stamp duty

188

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

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

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

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

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

• (3) Stamp duty shall not be chargeable—

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

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

Part XVI — General

Subordinate legislation

Regulations and orders - general

189

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Parliamentary control of orders and regulations

190

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

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

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

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

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

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

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

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

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

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

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

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

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

• (3) A statutory instrument—

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

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

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

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

Supplementary

Interpretation - general

191

In this Act, unless the context otherwise requires—

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

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

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

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

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

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

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

• “Inland Revenue” means the Commissioners of Inland Revenue

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

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

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

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

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

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

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Short title, commencement and extent

192

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

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

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

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

• (5) The following provisions extend to Northern Ireland—

• ...

• ...

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

• section 170 (with Schedule 5);

• section 171 (with Schedule 6);

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

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

SCHEDULE 1

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

1

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

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

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

2

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

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

3

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

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

(1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied— (a) he makes a claim for it in the prescribed manner and within the prescribed time; or (b) by virtue of regulations made under section 51 of the 1986 Act he would have been treated as making a claim for it.”,

• (b) there were omitted—

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

• (ii) subsection (3).

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

4

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

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

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

• (c) subsection (3).

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

5

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

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

• (b) subsection (3).

SCHEDULE 2

Tenure of offices

1

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

Remuneration etc. for President and Chairmen

2

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

Officers and staff

3

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

Clerks to social security appeal tribunals and disability appeal tribunals

4

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

Miscellaneous administrative duties of President

5

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

Remuneration etc

6

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

7

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

Certificates of decisions

8

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

SCHEDULE 3

Interpretation

1

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

Provision which may be made

2

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

3

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

4

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

5

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

6

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

7

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

8

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

9

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

10

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

11

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

12

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

SCHEDULE 4

Part I — The specified persons

Government departments

Other public departments and offices

Adjudication officers

Adjudicating bodies

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

The Occupational Pensions Board

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

Former officers

Part II — Construction of references to government departments etc.

1

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

2

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

3

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

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

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

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

4

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

5

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

SCHEDULE 5

1

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

2

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

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

• (3) Any member—

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

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

3

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

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

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

• (c) one after consultation with the head of the Northern Ireland Department;

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

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

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

4

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

5

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

6

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

7

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

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

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

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

8

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

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

9

The Committee may act notwithstanding any vacancy among the members.

10

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

SCHEDULE 6

1

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

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

2

• (1) The Secretary of State may pay—

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

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

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

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

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

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

SCHEDULE 7

Part I — Social Security Advisory Committee

Disability living allowance

1

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

Industrial Injuries

2

Regulations relating only to industrial injuries benefit.

Up-rating etc

3

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

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

• (b) section 150 or 150A above.

Earnings limits

4

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

Married women and widows – reduced rate contributions

5

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

Child benefit

6

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

7

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

Statutory maternity pay and statutory sick pay

8

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

Procedural rules for tribunals

9

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

Consolidation

10

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

Part II — Industrial Injuries Advisory Council

11

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

12

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

13

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

14

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

15

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

16

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

17

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

SCHEDULE 8

1

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

2

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

3

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

SCHEDULE 9

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

1

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

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

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

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

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

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

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

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

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

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

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

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

Provisions ancillary to paragraph 4 of Schedule 8

2

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

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

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

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

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

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

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

Adjustment of benefit in certain cases

3

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

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

Overpayments

4

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

SCHEDULE 10

Interpretation

1

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

Claims and payments

2

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

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

• (a) the former National Insurance Acts;

• (b) the former Industrial Injuries Acts;

• (c) the National Assistance Act 1948;

• (d) the Supplementary Benefit Act 1966;

• (e) the Supplementary Benefits Act 1976;

• (f) the Family Income Supplements Act 1970.

Adjudication

3

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

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

Overpayments etc

4

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

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

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

Inspection

5

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

• (a) the Supplementary Benefits Act 1976;

• (b) the Family Income Supplements Act 1970.

Legal proceedings

6

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

• (a) the National Assistance Act 1948;

• (b) the Supplementary Benefit Act 1966;

• (c) the Supplementary Act 1976;

• (c) the Family Income Supplements Act 1970.

TABLE OF DERIVATIONS

Note:

Retrospective effect of provisions making entitlement to benefit dependent on claim

Work-focused interviews and work-related activity

2A

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

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

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

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

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

• (b) imposing, at a time when—

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

• (ii) any prescribed circumstances exist,

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

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

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

• (a) income support;

• (b) housing benefit;

• (c) council tax benefit;

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

• (e) incapacity benefit;

• (f) severe disablement allowance; and

• (g) carer’s allowance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (f) prescribing—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (ii) would not be appropriate in the circumstances;

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

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

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

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

• (7) Where—

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

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

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

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

• (8) In this section—

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

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

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

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

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

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

2AA

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

• (a) a person (“the claimant”) who—

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

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

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

• (b) prescribed circumstances exist,

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

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

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

• (a) income support;

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

• (c) incapacity benefit;

• (d) severe disablement allowance; and

• (e) carer's allowance; and

• (f) an employment and support allowance.

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

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

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

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

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

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

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

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

• (c) for determining the persons by whom work-focused interviews are to be conducted;

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

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

• (f) for securing that if—

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

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

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

• (g) prescribing—

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