C1C4C2C3C5C6C7C8C8C9C10C11C12Part 1Employment and support allowance

Annotations:
Modifications etc. (not altering text)
C1

Pt. 1 modified by 1995 c. 18, Sch. 1 para. 2(2) (as inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 12(6); S.I. 2008/787, art. 2(4)(f))

C2

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 6, Sch. 1 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C3

Pt. 1 applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by SI 2010/1906, reg. 2)

C8

Pt. 1 applied (with modifications) (27.11.2016 for specified purposes, 6.4.2017 in so far as not already in force) by The Social Security (Northern Ireland Reciprocal Arrangements) (Amendment) Regulations 2016 (S.I. 2016/1050), reg. 2(2)

C9

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Ireland) Order 2019 (S.I. 2019/622), art. 2; 2020 c. 1, Sch. 5 para. 1(1)

C11

Pt. 1 modified (coming into force in accordance with art. 1 of the amending S.I.) by The Social Security (Switzerland) Order 2021 (S.I. 2021/1088), art. 2(1)-(3), Sch.

C12

Pt. 1 modified (coming into force in accordance with art. 1(3) of the amending S.I.) by The Social Security (Iceland) (Liechtenstein) (Norway) Order 2023 (S.I. 2023/1060), art. 2, Sch.

F4Conditionality

F4Work-related requirements

Annotations:
Amendments (Textual)
F4

Ss. 11-11K substituted for ss. 11-16 (25.2.2013 for specified purposes, 29.4.2013 for specified purposes and subsequently on the days on which and for the purposes for which "the amending provisions" are brought into force by secondary legislation) by Welfare Reform Act 2012 (c. 5), ss. 57(2), 150(3); S.I. 2013/358, art. 2(1), Sch. 1 para. 12; S.I. 2013/983, art. 7(1)(d) (with art. 7(3)) (as amended: (1.7.2013) by S.I. 2013/1511, art. 6)

F416C1Contracting out

I21

The following functions of the Secretary of State may be exercised by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose, namely—

a

conducting interviews under section 12;

b

providing documents under section 14;

c

giving, varying or revoking directions under section 15.

F1d

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

F1e

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

F1f

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

2

Regulations may provide for any of the following functions of the Secretary of State to be exercisable by, or by employees of, such person (if any) as the Secretary of State may authorise for the purpose—

I1I3a

any function under regulations under any of sections 11 to 15 F2..., except the making of a decision to which subsection (3) applies (an “excluded decision”);

I2b

the function under section 9(1) of the Social Security Act 1998 (c. 14) (revision of decisions), so far as relating to decisions, except excluded decisions, that relate to any matter arising under such regulations;

I2c

the function under section 10(1) of that Act (superseding of decisions), so far as relating to decisions, except excluded decisions, of the Secretary of State that relate to any matter arising under such regulations;

I2d

any function under Chapter 2 of Part 1 of that Act (social security decisions), except section 25(2) and (3) (decisions involving issues that arise on appeal in other cases), which relates to the exercise of any of the functions falling within paragraphs (a) to (c).

I23

This subsection applies to the following decisions—

a

a decision about whether a person has failed to comply with a requirement imposed by regulations under section 11, 12 or 13 F3...;

b

a decision about whether a person had good cause for failure to comply with such a requirement;

c

a decision about reduction of an employment and support allowance in consequence of failure to comply with such a requirement.

I1I34

Regulations under subsection (2) may provide that a function to which that subsection applies may be exercised—

a

either wholly or to such extent as the regulations may provide,

b

either generally or in such cases or areas as the regulations may provide, and

c

either unconditionally or subject to the fulfilment of such conditions as the regulations may provide.

I25

An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2), may authorise the exercise of the function concerned—

a

either wholly or to such extent as may be specified in the authorisation,

b

either generally or in such cases or areas as may be so specified, and

c

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

I26

In the case of an authorisation given by virtue of regulations under subsection (2), subsection (5) is subject to the provisions of the regulations.

I27

An authorisation given by virtue of subsection (1), or by virtue of regulations under subsection (2)—

a

may specify its duration,

b

may be revoked at any time by the Secretary of State, and

c

shall not prevent the Secretary of State or any other person from exercising the function to which the authorisation relates.

I28

Where a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), anything done or omitted to be done by or in relation to him (or an employee of his) in, or in connection with, the exercise or purported exercise of the function shall be treated for all purposes as done or omitted to be done by or in relation to the Secretary of State.

I29

Subsection (8) shall not apply—

a

for the purposes of so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function, or

b

for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done by the authorised person (or an employee of his).

I210

Any decision which a person authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), makes in exercise of the function shall have effect as a decision of the Secretary of State under section 8 of the Social Security Act 1998 (c. 14).

I211

Where—

a

a person is authorised to exercise any function by virtue of subsection (1), or by virtue of regulations under subsection (2), and

b

the authorisation is revoked at a time when a relevant contract is subsisting,

the authorised person shall be entitled to treat the relevant contract as repudiated by the Secretary of State (and not as frustrated by reason of the revocation).

I212

In subsection (11), the reference to a relevant contract is to so much of any contract made between the authorised person and the Secretary of State as relates to the exercise of the function.

I213

In this section, references to functions of the Secretary of State under—

a

an enactment contained in, or in regulations under, this Part, or

b

an enactment contained in Chapter 2 of Part 1 of the Social Security Act 1998,

include a reference to any function which the Secretary of State has by virtue of the application in relation to that enactment of section 8(1)(c) of that Act (decisions under certain enactments to be made by the Secretary of State).