Social Security Administration Act 1992

Changes over time for: Cross Heading: Social fund awards

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Social Security Administration Act 1992, Cross Heading: Social fund awards is up to date with all changes known to be in force on or before 18 June 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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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):

s. 2G(1)(d) inserted by 2012 c. 5 s. 59(5)
s. 5(1A)-(1C) inserted by 2009 c. 24 s. 22(2)(b) (This amendment not applied to legislation.gov.uk. S. 22 repealed (1.4.2013) by 2012 c. 5, s. 101(2); S.I. 2013/358, art. 4(2))
s. 78A inserted by 2009 c. 24 s. 16(2) (This amendment not applied to legislation.gov.uk. Ss. 16-21 repealed (1.4.2013) by 2012 c. 5, s. 73; S.I. 2012/3090, art. 2(1)(b))
s. 121B(1)(aa) inserted by 2007 asp 3 Sch. 5 para. 19(a) (S. 121B repealed by Finance Act 2008 (c. 9), Sch. 43 para. 14)
s. 121B(4) words inserted by 2007 asp 3 Sch. 5 para. 19(b) (S. 121B repealed by Finance Act 2008 (c. 9), Sch. 43 para. 14)
s. 122F(5) inserted by 2012 c. 5 Sch. 4 para. 12(4)
s. 122G inserted by 2009 c. 24 s. 18 (This amendment not applied to legislation.gov.uk. Ss. 16-21 repealed (1.4.2013) by 2012 c. 5, s. 73; S.I. 2012/3090, art. 2(1)(b))
s. 122H inserted by 2009 c. 24 s. 20(3) (This amendment not applied to legislation.gov.uk. Ss. 16-21 repealed (1.4.2013) by 2012 c. 5, s. 73; S.I. 2012/3090, art. 2(1)(b))
s. 134(2)-(2B) substituted for s. 134(2) by 2007 c. 5 s. 37
s. 148AB inserted by 2008 c. 30 Sch. 4 para. 14 (This amendment not applied to legislation.gov.uk. Sch. 4 paras. 13-22 repealed (1.10.2014) without ever being in force by 2014 c. 19, Sch. 12 para. 96(c); S.I. 2014/2377, art. 2(1)(a)(ii)(3)(c))
s. 148AB(1) (2) words substituted by 2011 c. 19 Sch. 3 para. 8(2)
s. 148AB(9) inserted by 2011 c. 19 Sch. 3 para. 8(3)
s. 151(10)(b)(i) (ii) repealed by 2012 c. 5 Sch. 14 Pt. 1
s. 160C inserted by 2012 c. 5 Sch. 2 para. 24
s. 165(1)(b)(viii) and word inserted by 2023 c. 20 Sch. para. 19(2)(b)
s. 190(1)(ac) inserted by 2009 c. 24 s. 21 (This amendment not applied to legislation.gov.uk. Ss. 16-21 repealed (1.4.2013) by 2012 c. 5, s. 73; S.I. 2012/3090, art. 2(1)(b))
Sch. 4 Pt. 3 para. 5 word substituted by S.I. 2010/978 art. 2

Social fund awardsU.K.

78Recovery of social fund awardsU.K.

(1)A social fund award which is repayable shall be recoverable by the Secretary of State.

(2)Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(3)The Secretary of State may recover an award—

(a)from the person to or for the benefit of whom it was made;

(b)where that person is a member of a [F1couple], from the other member of the couple;

(c)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.

[F2(3A)Where—

(a)a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b)that person is subject to a bankruptcy order,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the M1Insolvency Act 1986.

(3B)Where—

(a)a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b)the estate of that person is sequestrated,

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 [F32016].]

[F4(3C)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.

(3D)In subsection (3C) above “earnings” has such meaning as may be prescribed.

(3E)Regulations under subsection (3C) above may include provision referred to in section 71(9C) above.]

(4)Payments [F5out 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.

[F6(5)In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.]

(6)For the purposes of this section—

(a)a man shall be liable to maintain his wife [F7or civil partner] and any children of whom he is the father;

(b)a woman shall be liable to maintain her husband [F8or civil partner] and any children of whom she is the mother;

(c)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 M2Social 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 M3Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and

(d)“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 [F9universal credit,] income support [F10or an income-based jobseeker's allowance].

(7)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 M4Family Law Reform Act 1987.

(8)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.

(9)A document bearing a certificate which—

(a)is signed by a person authorised in that behalf by the Secretary of State; and

(b)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.

Textual Amendments

F1Words in s. 78(3)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(2); S.I. 2005/3175, art. 2(1), Sch. 1

F2S. 78(3A)(3B) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), ss. 32(2), 41(2); S.I. 1996/2208, art. 2(b)

F3Word in s. 78(3B) substituted (30.11.2016) by The Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 (S.I. 2016/1034), art. 1, Sch. 1 para. 9

F4S. 78(3C)-(3E) inserted (1.7.2012) by Welfare Reform Act 2012 (c. 5), ss. 106(4), 150(3); S.I. 2012/1246, art. 2(4)(c)

F5Words in s. 78(4) inserted (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 8 para. 2; S.I. 2012/3090, art. 2(1)(c)

F6S. 78(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(3); S.I. 2005/3175, art. 2(1), Sch. 1

F7Words in s. 78(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(4)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F8Words in s. 78(6)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(4)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F9Words in s. 78(6)(d) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 9; S.I. 2013/358, art. 5(2)(5)

F10Words in s. 78(6)(d) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 51; S.I. 1996/1509, art. 2, Sch.

Marginal Citations