Social Security Administration - legislation

1 Social Security Administration ACT 1992 (c. 5) Social Security Administration Act 1992 CHAPTER 5 ARRANGEMENT OF SECTIONS PART 1 CLAIMS FOR AND PAYMENTS AND GENERAL Administration OF BENEFIT Section Necessity of Claim 1. Entitlement to benefit dependent on claim. 2. Retrospective effect of provisions making entitlement to benefit depen dent on claim. Work-focused interviews and work-related activity 2A. Claim or full entitlement to certain benefits conditional or work-focused interview. 2AA. Full entitlement to certain benefits conditional on work-focused interview for partner. 2B. Supplementary provisions relating to work-focused interviews. 2C. Optional work-focused interviews. 2D. Work-related activity. 2E. Action plans in connection with work-focused interviews. 2F. Directions about work-related activity. 2G. Contracting-out. 2H. Good cause for failure to comply with regulations.

2 Bereavement benefits 3. Late claims for bereavement benefit where death is difficult to establish. 4. Treatment of payments of benefit to certain widows. Claims and payments regulations 5. Regulations about claims for and payments of benefit. Community charge benefits etc. 6. Regulations about community charge benefits Administration . 7. Relationship between community charge benefits and other benefits. Unreliable heading. (Council tax benefit replaced community charge benefits ) Sharing of functions as regards certain claims and information 7A. Sharing of functions as regards certain claims and information. 7B. Use of Social Security information. Industrial injuries benefit 8. Notification of accidents, etc. 9. Medical examination and treatment of claimants. 10. Obligations of claimants. Supplement No. 91 [June 2010] The Law Relating to Social Security Social Security Administration ACT 1992 (c.)

3 5) Disabled person s tax credit 11. Initial claims and repeat claims (repealed) The Social fund 12. Necessity of application for certain payments. 12A. Necessity of application for health in pregnancy grant. Child benefit 13. Necessity of application for child benefit. Statutory sick pay 14. Duties of employees etc. in relation to statutory sick pay. Statutory maternity pay 15. Duties of women etc in relation to statutory maternity pay. Payments in respect of mortgage interest etc. 15A. Payment out of benefit of sums in respect of mortgage interest etc. Emergency payments 16. Emergency payments by local authorities and other bodies. PART II ADJUDICATION 17. - 70. (repealed) PART III OVERPAYMENTS AND ADJUSTMENTS OF BENEFIT Misrepresentation etc. 71. Overpayments - general. 71ZA. Overpayments out of Social fund. Jobseeker s allowance 71A. Recovery of jobseeker s allowance: severe hardship cases.

4 Misrepresentation etc. (continued) 72. Special provision as to recovery of income support. (revoked) Adjustments of benefits 73. Overlapping benefits - general. 74. Income support and other payments. 74A. Payment of benefit where maintenance payments collected by Secretary of State. Housing benefit 75. Overpayments of housing benefit. Community charge benefits 76. Excess benefits. 77. Shortfall in benefits. Unreliable heading. (Council tax benefit replaced community charge benefits ) Supplement No. 91 [June 2010] The Law Relating to Social Security Social Security Administration ACT 1992 (c. 5) Social fund awards 78. Recovery of Social fund awards. Northern Ireland payments 79. Recovery of Northern Ireland payments. Adjustment of child benefit 80. Child benefit - overlap with benefits under legislation of other member States.

5 PART IV RECOVERY FROM COMPENSATION PAYMENTS 81. - 104. (revoked) PART V INCOME SUPPORT AND THE DUTY TO MAINTAIN 105. Failure to maintain - general. 106. Recover of expenditure on benefit from person liable for maintenance. 107. Recovery of expenditure on income support: additional amounts and transfer of orders. 108. Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State. 109. Diversion of arrested earnings to Secretary of State - Scotland. PART VI ENFORCEMENT Inspection and offences 109A. Authorisations for investigations. 109B. Power to require information. 109BA. Power of Secretary of State to require electronic access to information. 109C. Powers of entry. 110ZA. Class 1, 1A, 1B or 2 contributions: powers to call for documents etc. 110A. Authorisations by local authorities. 110B. Power of local authority to require electronic access to information.

6 111. Delay, obstruction etc. of inspector. 111A. Dishonest representation for obtaining benefit etc. 112. False representations for obtaining benefit etc. 113. Breach of regulations. 113A. Statutory sick pay and statutory maternity pay: breach of regulations. 113B. Statutory sick pay and statutory maternity pay: fraud and negligence. 113C. Health in pregnancy grant: civil penalty for fraud etc. 114. Offences relating to contributions. 115. Offences by bodies corporate. 115A. Penalty as alternative to prosecution: colluding employers etc. 115B. Penalty as alternative to prosecution: colluding employers etc. Legal proceedings 116. Legal proceedings. 116A. Local Authority powers to prosecute benefit fraud. 117. Questions arising in proceedings. 117A. Issue arising in proceedings: contributions etc. Supplement No 88 [Sept 2009] The Law Relating to Social Security Social Security Administration ACT 1992 (c.)

7 5) Unpaid contributions etc. 118. Evidence of non-payment. 119. Recovery of unpaid contributions on prosecution. 120. Proof of previous offences. 121. Unpaid contributions - supplementary. 121A. Recovery of contributions etc. in England and Wales. 121B. Recovery of contributions etc. in Scotland. 121C. Liability of directors etc. for company s contributions. 121D. Appeals in relation to personal liability notices. 121DA. Interpretation of Part VI. PART VII INFORMATION Information relating to, or required for purposes of, contributions, statutory sick pay or statutory maternity pay 121E. Supply of contributions etc. information held by Inland Revenue. 121F. Supply to Inland Revenue for purpose of contributions etc. of information held by Secretary of State. Information held by tax authorities 122. Supply of information held by tax authorities for fraud prevention and verification.

8 122ZA. Supply of tax information to assess certain employment or training schemes. 122A. Supply of information by Inland Revenue for purposes of contributions (repealed) 122AA. Disclosure of contributions etc. information by Her Majesty s Revenue and Customs. 122B. Supply of other government information for fraud prevention and verification. Authorities administering housing benefit or council tax benefit 122C. Supply of information to authorities administering benefit. 122D. Supply of information to authorities administering benefit. 122E. Supply of information between authorities administering benefit. 122F. Supply by rent officers of information relating to housing benefit. Persons employed or formerly employed in Social Security Administration of adjudication 123. Unauthorised disclosure of information relating to particular persons. The Registration Service 124.

9 Provisions relating to age, death and marriage. 124A. Provisions relating to civil partnership: England and Wales. 124B. Provisions relating to civil partnership: Scotland. 125. Regulations as to notification of deaths. Personal representatives - income support and supplementary benefit 126. Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit. Landlords and agents 126A. Power to require information from landlords and agents. Supplement No 88 [Sept 2009] The Law Relating to Social Security Social Security Administration ACT 1992 (c. 5) 127. Housing benefit Information for purposes of housing benefit. (repealed) 128. Community charge benefits Information for purposes of community charge benefits . (repealed) Unreliable heading. (Council tax benefit replaced community charge benefits ) Expedited claims for housing and council tax benefits 128A.

10 Disclosure of information by authorities. (repealed) Statutory sick pay and other benefits 129. Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory sick pay. 130. Duties of employers - statutory sick pay and claims for other benefits. Statutory maternity pay and other benefits 131. Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory maternity pay. 132. Duties of employers - statutory maternity pay and claims for other benefits. Contributions avoidance arrangements 132A. Disclosure of contributions avoidance arrangements. Maintenance proceedings 133. Furnishing of addresses for maintenance proceedings etc. PART VIII ARRANGEMENTS FOR HOUSING BENEFIT AND COMMUNITY CHARGE BENEFITS AND RELATED SUBSIDIES Housing benefit 134. Arrangements for housing benefit.