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Social Security Administration Act 1992, Section 121DA is up to date with all changes known to be in force on or before 23 September 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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(1) In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, F2... statutory sick pay or statutory maternity pay, that is to say—
(a)the Contributions and Benefits Act;
(b)this Act;
(c)the Pensions Act, except Part III;
(d)section 4 of the Social Security (Incapacity for Work) Act 1994;
(e)the Jobseekers Act 1995;
(f)the Social Security (Recovery of Benefits) Act 1997;
(g)Parts I and IV of the Social Security Act 1998;
(h)Part V of the Welfare Reform and Pensions Act 1999;
[F3(hh)the State Pension Credit Act 2002;]
[F4(hi)Part 1 of the Welfare Reform Act 2007;]
[F5(hj)Part 1 of the Welfare Reform Act 2012;]
[F6(hk)Part 4 of that Act;]
[F7(hl)Part 1 of the Pensions Act 2014;]
[F8(hm)Part 5 of the Pensions Act 2014;]
(i)the Social Security Pensions Act 1975;
(j)the Social Security Act 1973;
(k)any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above.
(2)In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him.
(3)For the purposes of this Part—
(a)references to a document include references to anything in which information is recorded in electronic or any other form;
(b)the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice—
(i)are transmitted to the recipient of the notice by electronic means; and
(ii)are received by him in a form that is legible and capable of being recorded for future reference.
(4)In this Part “premises” includes—
(a)moveable structures and vehicles, vessels, aircraft and hovercraft;
(b)installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and
(c)places of all other descriptions whether or not occupied as land or otherwise;
and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question.
(5)In this Part—
“benefit” includes any allowance, payment, credit or loan;
[F9 “benefit offence” means—
any criminal offence in connection with a claim for a relevant social security benefit;
any criminal offence in connection with the receipt or payment of any amount by way of such a benefit;
any criminal offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence;
any attempt or conspiracy to commit a benefit offence;] and
“compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) Act 1997.
(6)[F10In this Part—
(a)any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and
(b)any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it.]
(7)In this section
[F11“relevant social security benefit” means a benefit under any provision of the relevant social security legislation; and]
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.]
Textual Amendments
F1S. 121DA inserted (1.11.1000 for specified purposes, 2.4.2001 in so far as not already in force) by the Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86, Sch. 6 para. 8; S.I. 2000/2950, art. 2(d)(ii); S.I. 2001/1252, art. 2(1)(a)
F2Words in s. 121DA(1) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)
F3S. 121DA(1)(hh) 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. 12; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)
F4S. 121DA(1)(hi) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(12); S.I. 2008/787, art. 2(1)(4)(f), Sch.
F5S. 121DA(1)(hj) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 14; S.I. 2013/983, art. 3(1)(b)(ii)
F6S. 121DA(1)(hk) 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. 12; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2
F7S. 121DA(1)(hl) inserted (6.4.2016) by Pensions Act 2014 (c. 19), s. 56(4), Sch. 12 para. 13
F8S. 121DA(1)(hm) inserted (6.4.2017) by Pensions Act 2014 (c. 19), s. 56(1), Sch. 16 para. 26; S.I. 2017/297, art. 3(2) (with arts. 4, 5)
F9Words in s. 121DA(5) substituted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 1(7), 20(1); S.I. 2002/1222, art. 2(a)
F10S. 121DA(6) 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)
F11Words in s. 121DA(7) inserted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 1(8), 20(1); S.I. 2002/1222, art. 2(a)
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