Social Security Administration Act 1992 (c. 5)

(The document as of February, 2008)

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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.

(2) The Secretary of State may pay to persons so employed by him such salaries or remuneration, and such travelling and other allowances, as he may determine with the consent of the Treasury.

184 Control of pneumoconiosis

As respects pneumoconiosis, regulations may provide--

(a) for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination;

(b) for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination--

(i) to be suffering from pneumoconiosis or tuberculosis, or

(ii) to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility to pneumoconiosis as may be prescribed;

(c) for the disqualification for the receipt of benefit as defined in section 122 of the Contributions and Benefits Act in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;

(d) for requiring employers--

(i) to provide facilities for such examinations,

(ii) not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,

(iii) to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;

(e) for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, so, however, that such penalties shall not exceed £5.00 for every day on which the contravention or failure occurs or continues;

(f) for such matters as appear to the Secretary of State to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contributions and Benefits Act.

Workmen's compensation etc.

185 Administration of workmen's compensation etc

(1) Schedule 9 to this Act shall have effect in relation to schemes under paragraphs 2 and 4 of Schedule 8 to the Contributions and Benefits Act.

(2) Regulations may provide for applying in relation to payments under Part II of that Schedule the provisions of this Act relating to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to--

(a) an unemployability supplement;

(b) an increase of a disablement pension in respect of a child or adult dependant; or

(c) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,

(as the case may be) subject to any additions or modifications.

Supplementary benefit etc.

186 Application of provisions of Act to supplementary benefit etc

Schedule 10 to this Act shall have effect for the purpose of making provision in relation to the benefits there mentioned.

Miscellaneous

187 Certain benefit to be inalienable

(1) Subject to the provisions of this Act, every assignment of or charge on--

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

(2) In the application of subsection (1) above to Scotland--

(a) the reference to assignment of benefit shall be read as a reference to assignation, "assign" being construed accordingly;

(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the [1980 c. 46.] Solicitors (Scotland) Act 1980.

(3) In calculating for the purposes of section 5 of the [1869 c. 62.] Debtors Act 1869 or section 4 of the [1882 c. 42.] Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.

188 Exemption from stamp duty

(1) Stamp duty shall not be chargeable on any document to which this subsection applies.

(2) Subsection (1) above applies to any document authorised by virtue--

(a) of Parts I to VI of the Contributions and Benefits Act; or

(b) of any provision of this Act so far as it operates in relation to matters to which those Parts relate,

or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.

(3) Stamp duty shall not be chargeable--

(a) upon such documents used in connection with business under paragraphs 2 and 3 of Schedule 8 to the Contributions and Benefits Act and paragraph 1 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 2 of Schedule 8 to the Contributions and Benefits Act; or

(b) upon such documents used in connection with business under paragraphs 4 to 6 of that Schedule and paragraph 2 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 4 of Schedule 8 to the Contributions and Benefits Act.

Part XVIVI General

Subordinate legislation

189 Regulations and orders - general

(1) Subject to subsection (2) below and to any other express provision of this Act, regulations and orders under this Act shall be made by the Secretary of State.

(2) Regulations with respect to proceedings before the Commissioners (whether for the determination of any matter or for leave to appeal to or from the Commissioners) shall be made by the Lord Chancellor.

(3) Powers under this Act to make regulations or orders are exercisable by statutory instrument.

(4) Except in the case of regulations under section 24 or 175 above and in so far as this Act otherwise provides, any power conferred by this Act to make an Order in Council, regulations or an order may be exercised--

(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;

(b) so as to make, as respects the cases in relation to which it is exercised--

(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);

(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;

(iii) any such provision either unconditionally or subject to any specified condition;

and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make an Order in Council, regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.

(5) Without prejudice to any specific provision in this Act, a power conferred by this Act to make an Order in Council, regulations or an order (other than the power conferred by section 24 above) includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to Her Majesty, or the authority making the regulations or order, as the case may be, to be expedient for the purposes of the Order in Council, regulations or order.

(6) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act, except sections 14, 24, 130 and 175, to make an Order in Council, regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.

(7) Any power conferred by this Act to make orders or regulations relating to housing benefit or community charge benefits shall include power to make different provision for different areas.

(8) An order under section 135, 140, 150, 152, 165(4) or 169 above and regulations prescribing relevant benefits for the purposes of Part IV of this Act or under section 85 above shall not be made without the consent of the Treasury.

(9) Any power of the Secretary of State under any provision of this Act, except under sections 80, 154, 175 and 178, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.

(10) Where the Lord Chancellor proposes to make regulations under this Act, other than under section 24 above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

(11) A power under any of sections 177 to 179 above to make provision by regulations or Order in Council for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and is without prejudice to the generality of any such direction.

(12) Any reference in this section or section 190 below to an Order in Council, or an order or regulations, under this Act includes a reference to an Order in Council, an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and without prejudice to the generality of any such direction.

190 Parliamentary control of orders and regulations

(1) Subject to the provisions of this section, a statutory instrument containing (whether alone or with other provisions)--

(a) an order under section 141, 143, 145, 146, 150, 152 or 162(7) above; or

(b) regulations under section 102(2) or 154 above,

shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.

(2) Subsection (1) above does not apply to a statutory instrument by reason only that it contains regulations under section 154 above which are to be made for the purpose of consolidating regulations to be revoked in the instrument.

(3) A statutory instrument--

(a) which contains (whether alone or with other provisions) orders or regulations made under this Act by the Secretary of State; and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument--

(a) which contains (whether alone or with other provisions) regulations made under this Act by the Lord Chancellor; and

(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Supplementary

191 Interpretation - general

In this Act, unless the context otherwise requires--

"the 1975 Act" means the [1975 c. 14.] Social Security Act 1975;
"the 1986 Act" means the [1986 c. 50.] Social Security Act 1986;
"benefit" means benefit under the Contributions and Benefits Act;
"chargeable financial year" and "charging authority" have the same meanings as in the [1988 c. 41.] Local Government Finance Act 1988;
"Christmas bonus" means a payment under Part X of the Contributions and Benefits Act;
"claim" is to be construed in accordance with "claimant";
"claimant" (in relation to contributions under Part I and to benefit under Parts II to IV of the Contributions and Benefits Act) means--

(a) a person whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution, is in question;

(b) a person who has claimed benefit;

and includes, in relation to an award or decision a beneficiary under the award or affected by the decision;

"claimant" (in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes--

(a) an applicant for a declaration under section 44 above that an accident was or was not an industrial accident; and

(b) in relation to an award or decision, a beneficiary under the award or affected by the decision;

"Commissioner" means the Chief Social Security Commissioner or any other Social Security Commissioner and includes a tribunal of 3 Commissioners constituted under section 57 above;
"compensation payment" and "compensator" have the meanings assigned to them respectively by sections 81 and 82 above;
"the Consequential Provisions Act" means the [1992 c. 6.] Social Security (Consequential Provisions) Act 1992;
"contribution card" has the meaning assigned to it by section 114(6) above;
"the Contributions and Benefits Act" means the [1992 c. 4.] Social Security Contributions and Benefits Act 1992;
"disablement benefit" is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;
"the disablement questions" is to be construed in accordance with section 45 above;
"dwelling" means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
"5 year general qualification" is to be construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;
"housing authority" means a local authority, a new town corporation, Scottish Homes or the Development Board for Rural Wales;
"housing benefit scheme" is to be construed in accordance with section 134(1) above;
"income-related benefit" means--

(a) income support;

(b) family credit;

(d) housing benefit; and

(e) community charge benefits;

"industrial injuries benefit" means benefit under Part V of the Contributions and Benefits Act, other than under Schedule 8;
"invalidity benefit" has the meaning assigned to it by section 20(1)(c) of that Act;
"levying authority" has the same meaning as in the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987;
"local authority" means--

(a) in relation to England and Wales, the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly; and

(b) in relation to Scotland, an islands or district council;

"medical examination" includes bacteriological and radiographical tests and similar investigations, and "medically examined" has a corresponding meaning;
"medical practitioner" means--

(a) a registered medical practitioner; or

(b) a person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Secretary of State's opinion) to those of a registered medical practitioner;

"medical treatment" means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
"new town corporation" means--

(a) in relation to England and Wales, a development corporation established under the [1981 c. 64.] New Towns Act 1981 or the Commission for the New Towns; and

(b) in relation to Scotland, a development corporation established under the [1968 c. 16.] New Towns (Scotland) Act 1968;

"the Northern Ireland Department" means the Department of Health and Social Services for Northern Ireland;
"the Northern Ireland Administration Act" means the [1992 c. 8.] Social Security (Northern Ireland) Administration Act 1992;
"occupational pension scheme" has the same meaning as in section 66(1) of the Pensions Act;
"the Old Cases Act" means the [1975 c. 16.] Industrial Injuries and Diseases (Old Cases) Act 1975;
"Old Cases payments" means payments under Part I of Schedule 8 to the Contributions and Benefits Act;
"the Pensions Act" means the [1975 c. 60.] Social Security Pensions Act 1975;
"personal pension scheme" has the meaning assigned to it by section 84(1) of the 1986 Act;
"prescribe" means prescribe by regulations;
"President" means the President of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals;
"rate rebate", "rent rebate" and "rent allowance" shall be construed in accordance with section 134 above;
"rates", in relation to England and Wales, has the same meaning as in the [1967 c. 9.] General Rate Act 1967 and, in relation to Scotland, the meaning given to "rate" by section 26(2)(a) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987;
"rating authority", in relation to England and Wales, has the same meaning as in the the General Rate Act 1967 and, in relation to Scotland, the meaning given by section 109 of the [1973 c. 65.] Local Government (Scotland) Act 1973;
"tax year" means the 12 months beginning with 6th April in any year;
"10 year general qualification" is to be construed in accordance with section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990; and
"widow's benefit" has the meaning assigned to it by section 20(1)(e) of the Contributions and Benefits Act.

192 Short title, commencement and extent

(1) This Act may be cited as the Social Security Administration Act 1992.

(2) This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.

(3) The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.

(4) Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.

(5) The following provisions extend to Northern Ireland--

section 24;
section 101;
section 170 (with Schedule 5);
section 177 (with Schedule 8); and
this section.

(6) Except as provided by this section, this Act does not extend to Northern Ireland.

SCHEDULES

Section 1(6).

SCHEDULE 1 Claims for benefit made or treated as made before 1st October 1990

Claims made or treated as made on or after 2nd September 1985 and before 1st October 1986

1 Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 1st October 1986 as if the following subsections were substituted for subsections (1) to (3)--

" (1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied--

(a) he makes a claim for it--

(i) in the prescribed manner; and

(ii) subject to subsection (2) below, within the prescribed time; or

(b) by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision he would have been treated as making a claim for it.

(2) Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay.

(3) Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made. " .

Claims made or treated as made on or after 1st October 1986 and before 6th April 1987

2 Section 1 above shall have effect in relation to a claim made or treated as made on or after 1st October 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words ", reduced earnings allowance" after the words "disablement benefit".

Claims made or treated as made on or after 6th April 1987 and before 21st July 1989

3 Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 21st July 1989, as if--

(a) the following subsection were substituted for subsection (1)--

" (1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied--

(a) he makes a claim for it in the prescribed manner and within the prescribed time; or

(b) by virtue of regulations made under section 51 of the 1986 Act he would have been treated as making a claim for it. " ; and

(b) there were omitted--

(i) from subsection (2), the words "except as provided by section 3 below"; and

(ii) subsection (3).

Claims made or treated as made on or after 21st July 1989 and before 13th July 1990

4 Section 1 above shall have effect in relation to a claim made or treated as made on or after 21st July 1989 and before 13th July 1990 as if there were omitted--

(a) from subsection (1), the words "and subject to the following provisions of this section and to section 3 below";

(b) from subsection (2), the words "except as provided by section 3 below"; and

Claims made or treated as made on or after 13th July 1990 and before 1st October 1990

5 Section 1 above shall have effect in relation to a claim made or treated as made on or after 13th July 1990 and before 1st October 1990 as if there were omitted--

(a) from subsection (1), the words "the following provisions of this section and to"; and

(b) subsection (3).

Sections 41, 43 and 50 to 52.

SCHEDULE 2 Commissioners, tribunals etc - supplementary provisions

Tenure of offices

1 (1) Subject to the following provisions of this paragraph, the President and the regional and other full-time chairmen of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals shall hold and vacate office in accordance with the terms of their appointment.

(2) Commissioners, the President and the full-time chairmen shall vacate their offices at the end of the completed year of service in which they attain the age of 72.

(3) Where the Lord Chancellor considers it desirable in the public interest to retain a Commissioner, the President or a full-time chairman in office after the time at which he would be required by sub-paragraph (2) above to vacate it, the Lord Chancellor may from time to time authorise his continuance in office until any date not later than that on which he attains the age of 75.

(4) A Commissioner, the President and a full-time chairman may be removed from office by the Lord Chancellor on the ground of incapacity or misbehaviour.

(5) Where the Lord Chancellor proposes to exercise a power conferred on him by sub-paragraph (3) or (4) above, it shall be his duty to consult the Lord Advocate with respect to the proposal.

(6) Nothing in sub-paragraph (2) or (3) above or in section 13 or 32 of the [1981 c. 20.] Judicial Pensions Act 1981 (which relate to pensions for Commissioners) shall apply to a person by virtue of his appointment in pursuance of section 52(2) above.

(7) Nothing in sub-paragraph (2) or (4) above applies to a Commissioner appointed before 23rd May 1980.

Remuneration etc. for President and Chairmen

2 The Secretary of State may pay, or make such payments towards the provision of, such remuneration, pensions, allowances or gratuities to or in respect of the President and full-time chairmen as, with the consent of the Treasury, he may determine.

Officers and staff

3 The President may appoint such officers and staff as he thinks fit--

(a) for himself;

(b) for the regional and other full-time chairmen;

(d) for disability appeal tribunals; and

(e) for medical appeal tribunals,

with the consent of the Secretary of State and the Treasury as to numbers and as to remuneration and other terms and conditions of service.

Clerks to social security appeal tribunals and disability appeal tribunals

4 (1) The President shall assign clerks to service the social security appeal tribunal for each area and the disability appeal tribunal for each area.

(2) The duty of summoning members of a panel to serve on such a tribunal shall be performed by the clerk to the tribunal.

Miscellaneous administrative duties of President

5 It shall be the duty of the President--

(a) to arrange--

(i) such meetings of chairmen and members of social security appeal tribunals, chairmen and members of disability appeal tribunals and chairmen and members of medical appeal tribunals;

(ii) such training for such chairmen and members,

as he considers appropriate; and

(b) to secure that such works of reference relating to social security law as he considers appropriate are available for the use of chairmen and members of social security appeal tribunals, disability appeal tribunals and medical appeal tribunals.

Remuneration etc.

6 The Lord Chancellor shall pay to a Commissioner such salary or other remuneration, and such expenses incurred in connection with the work of a Commissioner or any tribunal presided over by a Commissioner, as may be determined by the Treasury.

7 (1) The Secretary of State may pay--

(a) to any person specified in sub-paragraph (2) below, such remuneration and such travelling and other allowances;

(b) to any person specified in sub-paragraph (3) below, such travelling and other allowances; and

(c) subject to sub-paragraph (4) below, such other expenses in connection with the work of any person, tribunal or inquiry appointed or constituted under any provision of this Act,

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

(2) The persons mentioned in sub-paragraph (1)(a) above are--

(a) any person (other than a Commissioner) appointed under this Act to determine questions or as a member of, or assessor to, a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal; and

(b) a medical officer appointed under regulations under section 62 above.

(3) The persons mentioned in sub-paragraph (1)(b) above are--

(a) any person required to attend at any proceedings or inquiry under this Act; and

(b) any person required under this Act (whether for the purposes of this Act or otherwise) to attend for or to submit themselves to medical or other examination or treatment.

(4) Expenses are not payable under sub-paragraph (1)(c) above in connection with the work--

(a) of a tribunal presided over by a Commissioner; or

(b) of a social fund officer, a social fund inspector or the social fund Commissioner.

(5) In this paragraph references to travelling and other allowances include references to compensation for loss of remunerative time but such compensation shall not be paid to any person in respect of any time during which he is in receipt of remuneration under this paragraph.

Certificates of decisions

8 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 a record of a decision--

(i) of a Commissioner;

(ii) of a social security appeal tribunal;

(iii) of a disability appeal tribunal; or

(iv) of an adjudication officer,

shall be conclusive evidence of the decision; and a certificate purporting to be so signed shall be deemed to be so signed unless the contrary is proved.

Section 59.

SCHEDULE 3 Regulations as to procedure

Interpretation

1 In this Schedule "competent tribunal" means--

(a) a Commissioner;

(b) a social security appeal tribunal;

(d) a medical appeal tribunal;

(e) an adjudicating medical practitioner.

Provision which may be made

2 Provision prescribing the procedure to be followed in connection with the consideration and determination of claims and questions by the Secretary of State, an adjudication officer and a competent tribunal, or in connection with the withdrawal of a claim.

3 Provision as to the striking out of proceedings for want of prosecution.

4 Provision as to the form which is to be used for any document, the evidence which is to be required and the circumstances in which any official record or certificate is to be sufficient or conclusive evidence.

5 Provision as to the time to be allowed--

(a) for producing any evidence; or

(b) for making an appeal.

6 Provision as to the manner in which, and the time within which, a question may be raised with a view to its decision by the Secretary of State under Part II of this Act or with a view to the review of a decision under that Part.

7 Provision for summoning persons to attend and give evidence or produce documents and for authorising the administration of oaths to witnesses.

8 Provision for authorising a competent tribunal consisting of two or more members to proceed with any case, with the consent of the claimant, in the absence of any member.

9 Provision for giving the chairman or acting chairman of a competent tribunal consisting of two or more members a second or casting vote where the number of members present is an even number.

10 Provision for empowering the chairman of a social security appeal tribunal, a disability appeal tribunal or a medical appeal tribunal to give directions for the disposal of any purported appeal which he is satisfied that the tribunal does not have jurisdiction to entertain.

11 Provision for the non-disclosure to a person of the particulars of any medical advice or medical evidence given or submitted for the purposes of a determination.

12 Provision for requiring or authorising the Secretary of State to hold, or to appoint a person to hold, an inquiry in connection with the consideration of any question by the Secretary of State.

Section 123.

SCHEDULE 4 Persons employed in social security administration or adjudication

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