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Social Security Administration Act 1992

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
  • Act modified by S.I. 2019/1302 art. 2 (This amendment not applied to legislation.gov.uk S.I. 2019/1302 revoked (17.12.2020) by The Social Security (Iceland, Liechtenstein and Norway) (Citizens’ Rights Agreement) (Revocation) Order 2020 (S.I. 2020/1569), arts. 1(2), 2)
  • Act modified by S.I. 2019/1303 art. 2 (This amendment not applied to legislation.gov.uk. S.I. 2019/1303 revoked (17.12.2020) by The Social Security (Switzerland) (Citizens’ Rights Agreement) (Revocation) Order 2020 (S.I. 2020/1570), arts. 1(2), 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Part XVU.K.Miscellaneous

Travelling expensesU.K.

180Payment of travelling expenses by the Secretary of StateU.K.

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[F1, the Jobseekers Act 1995][F2, the Social Security (Recovery of Benefits) Act 1997][F3, Chapter II of Part I of the Social Security Act 1998][F4, the State Pension Credit Act 2002][F5, Part 1 of the Welfare Reform Act 2007][F6, Part 1 of the Welfare Reform Act 2012][F7, 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[F1, the Jobseekers Act 1995][F2, the Social Security (Recovery of Benefits) Act 1997][F3, Chapter II of Part I of the Social Security Act 1998,][F8, the State Pension Credit Act 2002][F5, Part 1 of the Welfare Reform Act 2007][F9, Part 1 of the Welfare Reform Act 2012][F10, Part 4 of that Act] or this Act; or

(ii)of any prescribed enactment.

Textual Amendments

F3Words in s. 180(a)(b) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 108; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F4Words in s. 180(a) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 22(a); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F7Words in s. 180(a) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 28; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F8Words in s. 180(b)(i) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 22(b); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F10Words in s. 180(b)(i) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 28; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

Modifications etc. (not altering text)

[F11180APayments of travelling expenses by the Commissioners of Inland RevenueU.K.

The Inland Revenue may pay such travelling expenses as they may determine—

(a)to persons required by them to attend any interview in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999;

(b)to persons attending local offices in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.]

OffencesU.K.

181Impersonation of officersU.K.

If any person, with intent to deceive, falsely represents himself to be a person authorised by [F12the 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.

182Illegal possession of documentsU.K.

(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 [F13the 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.

[F14Redirection of postU.K.

Textual Amendments

F14S. 182A and cross-heading inserted (25.8.1997 for specified purposes, 16.11.1998 in so far as not already in force) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 20(1), 25(1); S.I. 1997/2056, art. 2; S.I. 1998/2779, art. 2

182AReturn of social security postU.K.

(1)A social security authority may require [F15a postal operator (within the meaning of [F16Part 3 of the Postal Services Act 2011])].

to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2)A social security authority shall make payments of such amount as the Secretary of State considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3)In subsections (1) and (2) above “social security authority” means—

(a)the Secretary of State;

(b)the Northern Ireland Department; or

(c)[F17any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).]

(4)In subsections (1) and (2) above “social security post” means postal packets—

(a)the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b)which are marked, in a manner approved by the [F18postal operator concerned], with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5)In this section—

(a)redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b)postal packet” has the same meaning as in [F19Part 3 of the Postal Services Act 2011].

(6)Any requirement imposed under subsection (1) above has effect subject to any order under—

(a)section 371 of the Insolvency Act 1986 or Article 342 of the Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt's letters to trustee in bankruptcy);

(b)paragraph 10 of Schedule 1 of the Solicitors Act 1974 or paragraph 15 of Schedule 1 to the Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or

(c)paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).]

[F20182BRequirement to supply information about redirection of postU.K.

(1)The Secretary of State or the Northern Ireland Department may require [F21a postal operator] to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Secretary of State or the Department—

(a)for the use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b)for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

[F22(2)A local or other authority administering housing benefit or council tax benefit (including Northern Ireland Housing Executive) may require [F23a postal operator] to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—

(a)for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or

(b)for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.]

(3)Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.

(4)Payments of such amount as the Secretary of State considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.

(5)Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—

(a)it could be supplied to that person or body under either of those subsections; or

(b)it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995[F24, Part 1 of the Welfare Reform Act 2012][F25, Part 4 of that Act] or this Act or to any provision of Northern Ireland legislation corresponding to any of them.

(6)But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—

(a)supplied to any person or body to whom that other information could be supplied; or

(b)used for any purpose for which that other information could be used.

(7)In subsections (1) or (2) above “arrangements for the redirection of postal packets” means arrangements made with the [F26postal operator concerned] for the delivery of postal packets to addresses other than those indicated by senders on the packets.

(8)In this section

  • [F27“postal operator” has the same meaning as in [F28Part 3 of the Postal Services Act 2011];]

  • postal packets” has the same [F29meaning as in that Part].]

Textual Amendments

F22S. 182B(2) repealed (1.4.2013 in so far as relates to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F25Words in s. 182B(5)(b) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 29; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

Modifications etc. (not altering text)

[F30National insurance numbersU.K.

Textual Amendments

182CRequirement to apply for national insurance numberU.K.

(1)Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.

[F31(1A)Regulations under subsection (1) above may require the application to be made to the Secretary of State or to the Inland Revenue.]

(2)An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.]

Textual Amendments

F31S. 182C(1A) inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 31; S.I. 1999/527, art. 2(b), Sch. 2

Industrial injuries and diseasesU.K.

183Research on industrial injuries, etcU.K.

(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.

184Control of pneumoconiosisU.K.

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 [F32personal 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.

Textual Amendments

F32Words in s. 184(c) substituted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 30; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

Workmen's compensation etcU.K.

185Administration of workmen's compensation etcU.K.

(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 etcU.K.

186Application of provisions of Act to supplementary benefit etcU.K.

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

MiscellaneousU.K.

187Certain benefit to be inalienableU.K.

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

[F33(za)universal credit;]

[F34(zb)state pension under Part 1 of the Pensions Act 2014;]

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

[F35(aa)a jobseeker's allowance;]

[F36(ab)state pension credit;]

[F37(ac)an employment and support allowance;]

[F38(ad)personal independence payment;]

[F39(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 M1Solicitors (Scotland) Act 1980.

(3)In calculating for the purposes of section 5 of the M2Debtors Act 1869 or section 4 of the M3Civil 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.

188Exemption from stamp dutyU.K.

(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.

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