Social Security Administration Act 1992 (c. 5)

Part VIII U.K. X1 Arrangements for Housing Benefit and Community Charge Benefits and Related Subsidies

Editorial Information

X1 Unreliable words in heading.

[F1 [F2 Directions by Secretary of State] U.K.

Textual Amendments

F1 Ss. 138-140G repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c),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)

F2 S. 139D and cross-heading inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 8, 25(1); S.I. 1997/1577, art. 2, Sch.

[F3 139F Enforcement notices U.K.

(1) Where directions have been given to an authority under [F4 section 139D(3A) or (3B)] above and the Secretary of State—

(a) is not satisfied that the authority has attained the standards which it has been directed to attain;

[F5 (aa) is not satisfied that the authority has taken the action which it has been directed to take;] or

(b) is not satisfied that the authority is likely to attain those standards [F6 or take that action] within the time specified in the directions,

he may serve on the authority a written notice under this section.

(2) The notice shall—

(a) identify the directions and state why the Secretary of State is not satisfied as mentioned in paragraph (a)[F7 , (aa)] or (b) of subsection (1) above; and

(b) require the authority to submit a written response to the Secretary of State within a time specified in the notice.

(3) If any person (other than the authority) carrying out work relating to the administration of benefit may be affected by any determination which may be made under section 139G below, the authority shall—

(a) consult that person before submitting its response; and

(b) include in its response any relevant observations made by that person.

(4) [F8 If the notice identifies directions under section 139D(3A),] the authority’s response shall either—

(a) state that the authority has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or

(b) state that the authority has not attained the standards, or is not likely to attain them within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.

[F9 (4A) If the notice identifies directions under section 139D(3B), the authority’s response shall either—

(a) state that the authority has taken the action, or is likely to take it within the time specified in the directions, and justify that statement; or

(b) state that the authority has not taken the action, or is not likely to take it within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.]

(5) The notice may relate to any one or more matters covered by the directions.

(6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.

(7) In this section “benefit” means housing benefit or council tax benefit.]]

Textual Amendments

F3 Ss. 139E-139H inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 9, 25(1); S.I. 1997/1577, art. 2, Sch.

F4 Words in s. 139F(1) substituted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(2)(a); S.I. 2008/411, art. 2(3)(c)

F5 S. 139F(1)(aa) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(2)(b); S.I. 2008/411, art. 2(3)(c)

F6 Words in s. 139F(1)(b) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(2)(c); S.I. 2008/411, art. 2(3)(c)

F7 Word in s. 139F(2)(a) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(3); S.I. 2008/411, art. 2(3)(c)

F8 Words in s. 139F(4) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(4); S.I. 2008/411, art. 2(3)(c).

F9 S. 139F(4A) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 6(5); S.I. 2008/411, art. 2(3)(c)