Social Security Administration Act 1992 (c. 5)

(The document as of February, 2008)

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(6) Any sums paid to the Secretary of State in pursuance of section 82 above shall be paid--

(a) into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and

(b) into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.

165 Adjustments between National Insurance Fund and Consolidated Fund

(1) There shall be made out of the National Insurance Fund into the Consolidated Fund, or out of money provided by Parliament into the National Insurance Fund, such payments by way of adjustment as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of any enactment or regulations relating to--

(a) family credit;

(b) disability working allowance;

(d) statutory maternity pay; or

(e) the repayment or offsetting of benefit as defined in section 122 of the Contributions and Benefits Act or other payments.

(2) Where any such payments as are specified in subsection (3) below fall to be made by way of adjustment, then, subject to subsection (4) below,--

(a) the amount of the payments to be made shall be taken to be such, and

(b) payments on account of them shall be made at such times and in such manner,

as may be determined by the Secretary of State in accordance with any directions given by the Treasury.

(3) The payments mentioned in subsection (2) above are the following, that is to say--

(a) any payments falling to be made by way of adjustment by virtue of subsection (1)(a) to (d) above;

(b) any payments falling to be made by way of adjustment in consequence of the operation of any enactment or regulations relating to child benefit--

(i) out of the National Insurance Fund into the Consolidated Fund, or

(ii) into the National Insurance Fund out of money provided by Parliament; and

(c) any payments falling to be made by way of adjustment in circumstances other than those mentioned in subsection (1) or paragraph (b) above--

(i) out of the National Insurance Fund either to the Secretary of State or another government department or into the Consolidated Fund; or

(ii) into the National Insurance Fund out of money provided by Parliament.

(4) In relation to payments falling within paragraph (a) or (c) of subsection (3) above, subsection (2) above only applies in such cases or classes of case as may be specified by the Secretary of State by order.

(5) There shall be paid out of the National Insurance Fund into the Consolidated Fund, at such times and in such manner as the Treasury may direct, such sums as the Secretary of State may estimate (in accordance with any directions given by the Treasury) to be the amount of the administrative expenses incurred as mentioned in section 163(2)(a) above, excluding--

(a) expenses attributable to the carrying into effect of provisions of the Contributions and Benefits Act or this Act relating to the benefits which by virtue of section 163(2) above are payable out of money provided by Parliament; and

(b) any other category of expenses which the Treasury may direct, or any enactment may require, to be excluded from the Secretary of State's estimate under this subsection;

but none of the administrative expenses of the Christmas bonus shall be excluded from that estimate by virtue of paragraph (a) or (b) above.

166 Financial review and report

(1) As from the end of the period of 5 years beginning with 6th April 1990, or such shorter period as the Secretary of State may direct, the Government Actuary or the Deputy Government Actuary shall review the operation during that period of the 1975 Act and of Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8) and this Act so far as it relates to those Parts.

(2) As from the end of each review period, the Government Actuary or Deputy Government Actuary shall review the operation during that period of Parts I to VI of the Contributions and Benefits Act (except Part I of Schedule 8) and this Act, so far as it relates to those Parts.

(3) For the purposes of subsection (2) above, a review period is--

(a) the period of five tax years, or

(b) such shorter period as the Secretary of State may direct in respect of any review,

from the end of the last period to be subject to a review under this section.

(4) It shall be the object of a review under this section to determine the extent to which the level at which the National Insurance Fund stands from year to year may be expected in the longer term to bear a proper relation to demands in respect of payments of benefit; and for this purpose the Actuary shall take into account--

(a) current rates of contributions;

(b) the yield to be expected from contributions in the longer term; and

(5) After completing his review, the Government Actuary or Deputy Government Actuary shall report to the Secretary of State his opinion on the question referred to in subsection (4) above; and the Secretary of State shall lay a copy of the report before Parliament.

167 The social fund

(1) The fund known as the social fund shall continue in being by that name.

(2) The social fund shall continue to be maintained under the control and management of the Secretary of State and payments out of it shall be made by him.

(3) The Secretary of State shall make payments into the social fund of such amounts, at such times and in such manner as he may with the approval of the Treasury determine.

(4) Accounts of the social fund shall be prepared in such form, and in such manner and at such times, as the Treasury may direct, and the Comptroller and Auditor General shall examine and certify every such account and shall lay copies of it, together with his report, before Parliament.

(5) The Secretary of State shall prepare an annual report on the social fund.

(6) A copy of every such report shall be laid before each House of Parliament.

168 Allocations from social fund

(1) The Secretary of State shall allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act in a financial year.

(2) The Secretary of State may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.

(3) Allocations--

(a) may be for payments by a particular social fund officer or group of social fund officers;

(b) may be of different amounts for different purposes;

(d) may be in addition to any other allocation to the same officer or group of officers or for the same purpose.

(4) The Secretary of State may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.

(5) The Secretary of State may give general directions to social fund officers or groups of social fund officers, or to any class of social fund officers, with respect to the control and management by social fund officers or groups of social fund officers of the amounts allocated to them under this section.

169 Adjustments between social fund and other sources of finance

(1) There shall be made--

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund;

(b) into the social fund out of money provided by Parliament or the National Insurance Fund,

such payments by way of adjustment as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of any enactment or regulations relating to the repayment or offsetting of a benefit or other payment under the Contributions and Benefits Act.

(2) Where in any other circumstances payments fall to be made by way of adjustment--

(a) out of the social fund into the Consolidated Fund or the National Insurance Fund; or

(b) into the social fund out of money provided by Parliament or the National Insurance Fund,

then, in such cases or classes of case as may be specified by the Secretary of State by order, the amount of the payments to be made shall be taken to be such, and payments on account of it shall be made at such times and in such manner, as may be determined by the Secretary of State in accordance with any direction given by the Treasury.

Part XIIIIII Advisory Bodies And Consultation

The Social Security Advisory Committee and the Industrial Injuries Advisory Council

170 The Social Security Advisory Committee

(1) The Social Security Advisory Committee (in this Act referred to as "the Committee") constituted under section 9 of the [1980 c. 30.] Social Security Act 1980 shall continue in being by that name--

(a) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;

(b) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and

(2) Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.

(3) The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).

(4) The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.

(5) In this Act--

"the relevant enactments" means--

(a) the provisions of the Contributions and Benefits Act and this Act, except as they apply to industrial injuries benefit and Old Cases payments; and

(b) the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and

"the relevant Northern Ireland enactments" means--

(a) the provisions of the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act, except as they apply to Northern Ireland industrial injuries benefit and payments under Part I of Schedule 8 to the Northern Ireland Contributions and Benefits Act; and

(b) the provisions of Part II of Schedule 3 to the [1992 c. 9.] Social Security (Consequential Provisions) (Northern Ireland) Act 1992, except as they apply to Northern Ireland industrial injuries benefit; and

(c) Article 52A(10), Part VA, Articles 69J and 70ZA of the [SI 1975/1503 (N.I. 15).] Social Security Pensions (Northern Ireland) Order 1975;

and in this definition--

(i) "Northern Ireland Contributions and Benefits Act" means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

(ii) "Northern Ireland industrial injuries benefit" means benefit under Part V of the Northern Ireland Contributions and Benefits Act other than under Schedule 8 to that Act.

171 The Industrial Injuries Advisory Council

(1) The Industrial Injuries Advisory Council (in this Act referred to as "the Council") constituted under section 62 of the [1965 c. 52.] National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.

(2) Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.

(3) The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.

(4) The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.

172 Functions of Committee and Council in relation to regulations

(1) Subject--

(a) to subsection (3) below; and

(b) to section 173 below,

where the Secretary of State proposes to make regulations under any of the relevant enactments, he shall refer the proposals, in the form of draft regulations or otherwise, to the Committee.

(2) Subject--

(a) to subsection (4) below; and

(b) to section 173 below,

where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.

(3) Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.

(4) Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.

(5) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

173 Cases in which consultation is not required

(1) Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council if--

(a) it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or

(b) the relevant advisory body have agreed that they shall not be referred.

(2) Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.

(3) Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.

(4) Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement--

(a) of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and

(b) in so far as he does not propose to give effect to them, of his reasons why not.

(5) Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council of any regulations contained in either--

(a) a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or

(b) a statutory instrument--

(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment; and

(ii) which is made before the end of the period of 6 months beginning with the coming into force of that specified enactment.

(6) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

(7) In this section "regulations" means regulations under any enactment, whenever passed.

174 Committee's report on regulations and Secretary of State's duties

(1) The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.

(2) If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whole or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing--

(a) the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and

(b) in so far as effect has not been given to them, his reasons why not.

(3) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.

(4) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.

The Disability Living Allowance Advisory Board

175 Disability Living Allowance Advisory Board

(1) The Disability Living Allowance Advisory Board (in this section referred to as "the Board") constituted under section 3(1) of the [1991 c. 21.] Disability Living Allowance and Disability Working Allowance Act 1991 shall continue in being by that name.

(2) Regulations shall confer on the Board such functions relating to disability living allowance or attendance allowance as the Secretary of State thinks fit and shall make provision for--

(a) the Board's constitution;

(b) the qualifications of its members;

(d) the term of office and other terms of appointment of its members;

(e) their removal.

(3) Regulations may also make provision--

(a) enabling the Board to appoint persons as advisers to it on matters on which in its opinion they are specially qualified;

(b) for the appointment of officers and servants of the Board;

(d) enabling the Board to make rules for regulating its procedure (including its quorum).

(4) The expenses of the Board to such an amount as may be approved by the Treasury shall be paid by the Secretary of State out of money provided by Parliament.

(5) There may be paid as part of the expenses of the Board--

(a) to all or any of the members of the Board, such salaries or other remuneration and travelling and other allowances;

(b) to advisers to the Board, such fees; and

(c) to such other persons as may be specified in regulations such travelling and other allowances (including compensation for loss of remunerative time),

as the Secretary of State may with the consent of the Treasury determine.

(6) The Secretary of State may furnish the Board with such information as he considers that it may need to enable it to discharge its functions.

Housing benefit and community charge benefits.

176 Consultation with representative organisations

(1) Subject to subsection (2) below, before making--

(a) regulations relating to housing benefit or community charge benefits (other than regulations of which the effect is to increase any amount specified in regulations previously made);

(b) an order under section 134(12), 135, 139 or 140 above,

the Secretary of State shall consult with organisations appearing to him to be representative of the authorities concerned.

(2) Nothing in subsection (1) above shall require the Secretary of State to undertake consultations if--

(a) it appears to him that by reason of the urgency of the matter it is inexpedient to do so; or

(b) the organisations have agreed that consultations should not be undertaken.

(3) Where the Secretary of State has undertaken such consultations, he may make any regulations or order to which the consultations relate without completing the consultations if it appears to him that by reason of the urgency of the matter it is expedient to do so.

Part XIVIV Social Security Systems Outside Great Britain

Co-ordination

177 Co-ordination with Northern Ireland

(1) The Secretary of State may with the consent of the Treasury make arrangements with the Northern Ireland Department ("the joint arrangements") for co-ordinating the operation of the legislation to which this section applies with a view to securing that, to the extent allowed for in the arrangements, it provides a single system of social security for the United Kingdom.

(2) The Joint Authority consisting of the Secretary of State and the Head of the Northern Ireland Department shall continue in being by that name for the purposes of the enactments mentioned in subsection (5) below; and Schedule 8 to this Act has effect with respect to the Joint Authority.

(3) The responsibility of the Joint Authority shall include that of giving effect to the joint arrangements, with power--

(a) to make any necessary financial adjustments between the National Insurance Fund and the Northern Ireland National Insurance Fund; and

(b) to discharge such other functions as may be provided under the joint arrangements.

(4) The Secretary of State may make regulations for giving effect to the joint arrangements; and any such regulations may for the purposes of the arrangements provide--

(a) for adapting legislation (including subordinate legislation) for the time being in force in Great Britain so as to secure its reciprocal operation with Northern Ireland;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the enactments in force in Northern Ireland have a corresponding effect in relation to Great Britain (but not so as to confer any double benefit); and

(c) for determining, in cases where rights accrue both in relation to Great Britain and in relation to Northern Ireland, which of those rights shall be available to the person concerned.

(5) This section applies--

(a) to the Contributions and Benefits Act and this Act; and

(b) to the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act,

except in relation to the following benefits--

(i) income support;

(ii) family credit;

(iii) disability working allowance;

(iv) housing benefit;

(v) child benefit;

(vi) Christmas bonus;

(vii) statutory sick pay; and

(viii) statutory maternity pay.

Reciprocity

178 Reciprocal arrangements with Northern Ireland - income-related benefits and child benefit

(1) The Secretary of State may with the consent of the Treasury make reciprocal arrangements with the authority administering any scheme in force in Northern Ireland and appearing to him to correspond substantially with a scheme contained in the Contributions and Benefits Act and this Act concerning any of the benefits to which this section applies for co-ordinating the operation of those schemes, and such arrangements may include provision for making any necessary financial adjustments.

(2) This section applies to the following benefits--

(a) income support;

(b) family credit;

(d) housing benefit; or

(e) child benefit.

(3) Regulations may make provision for giving effect to any such arrangements; and such regulations may in particular provide--

(a) for modifying any provision of this Act or the Contributions and Benefits Act concerning any of the benefits to which this section applies or any regulations made under such a provision;

(b) without prejudice to paragraph (a) above, for securing that acts, omissions and events having any effect for the purposes of the scheme in force in Northern Ireland shall have a corresponding effect for the purposes of this Act and the Contributions and Benefits Act (but not so as to confer any double benefit);

(c) for determining, in cases where rights accrue both under that scheme and under this Act and the Contributions and Benefits Act, which of those rights shall be available to the person concerned.

179 Reciprocal agreements with countries outside the United Kingdom

(1) For the purpose of giving effect--

(a) to any agreement with the government of a country outside the United Kingdom providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or

(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government in question,

Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.

(2) An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.

(3) The modifications which may be made by virtue of subsection (1) above include provisions--

(a) for securing that acts, omissions and events having any effect for the purposes of the law of the country in respect of which the agreement is made have a corresponding effect for the purposes of this Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);

(b) for determining, in cases where rights accrue both under such legislation and under the law of that country, which of those rights is to be available to the person concerned;

(4) This section applies--

(a) to the Contributions and Benefits Act; and

(b) to this Act,

except in relation to the following benefits--

(i) community charge benefits;

(ii) payments out of the social fund;

(iii) Christmas bonus;

(iv) statutory sick pay; and

(v) statutory maternity pay.

(5) The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act or this Act and concerning--

(a) income support;

(b) family credit;

(d) housing benefit; or

(e) child benefit.

Part XVV Miscellaneous

Travelling expenses

180 Payment of travelling expenses by Secretary of State

The Secretary of State may pay such travelling expenses as, with the consent of the Treasury, he may determine--

(a) to persons required by him to attend any interview in connection with the operation of the Contributions and Benefits Act or this Act;

(b) to persons attending local offices in connection with the operation--

(i) of the Contributions and Benefits Act or this Act; or

(ii) of any prescribed enactment.

Offences

181 Impersonation of officers

If any person, with intent to deceive, falsely represents himself to be a person authorised by the Secretary of State for Social Security to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.

182 Illegal possession of documents.

(1) If any person--

(a) as a pledge or a security for a debt; or

(b) with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,

receives, detains or has in his possession any document issued by or on behalf of the Secretary of State for Social Security in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.

(2) If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.

(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.

Industrial injuries and diseases

183 Research on industrial injuries, etc

(1) The Secretary of State may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which--

(a) are due to the nature of employment; or

(b) it is contemplated might be prescribed for the purposes of sections 108 to 110 of the Contributions and Benefits Act,

either by himself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.

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