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Social Security Administration Act 1992

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187Certain benefit to be inalienable

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

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

(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 [1980 c. 46.] Solicitors (Scotland) Act 1980.

(3)In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] 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.

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