Social Security Administration Act 1992

Legal proceedings U.K.

116 Legal proceedings U.K.

(1) Any person authorised by the Secretary of State in that behalf may conduct any proceedings [F1 under any provision of this Act other than section 114 or under any provision of] [F2 the Jobseekers Act 1995] before a magistrates' court although not a barrister or solicitor.

(2) Notwithstanding anything in any Act—

(a) proceedings for an offence under this Act [F3 [F4 (other than proceedings to which paragraph (b) applies)]][F5 , or for an offence under the Jobseekers Act 1995,] may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the Secretary of State to justify a prosecution for the offence, comes to his knowledge or within a period of 12 months from the commission of the offence, whichever period last expires; [F6 and]

(b) [F6 proceedings [F7 brought by the appropriate authority] for an offence under this Act relating to housing benefit or [F8 council tax benefit] may be begun at any time within the period of 3 months from the date on which evidence, sufficient in the opinion of the appropriate authority to justify a prosecution for the offence, comes to the authority's knowledge or within a period of 12 months from the commission of the offence, whichever period last expires.]

[F9 (2A) Subsection (2) above shall not be taken to impose any restriction on the time when proceedings may be begun for an offence under section 111A above.]

(3) For the purposes of subsection (2) above—

(a) a certificate purporting to be signed by or on behalf of the Secretary of State as to the date on which such evidence as is mentioned in paragraph (a) of that subsection came to his knowledge shall be conclusive evidence of that date; [F10 and]

(b) [F10 a certificate of the appropriate authority as to the date on which such evidence as is mentioned in paragraph (b) of that subsection came to the authority's knowledge shall be conclusive evidence of that date.]

(4) [F11 In subsections (2) and (3) above “the appropriate authority” means, in relation to an offence which relates to housing benefit and concerns any dwelling

F12 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) if it relates to a rent rebate, the authority who are the appropriate housing authority by virtue of [F13 section 134 below]; and

(c) if it relates to rent allowance, the authority who are the appropriate local authority by virtue of [F14 that section].]

(5) [F11 In subsection (2) and (3) above “the appropriate authority” means, in relation to an offence relating to [F15 council tax benefit], such authority as is prescribed in relation to the offence.]

[F16 (5A) [F17 In relation to proceedings for an offence under section 114 above], the references in subsections (2)(a) and (3)(a) to the Secretary of State shall have effect as references to the Inland Revenue.]

F18 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) [F19 to (5A)] above—

(a) proceedings for an offence under this Act [F20 or the Jobseekers Act 1995] may, notwithstanding anything in [F21 section 136 of the Criminal Procedure (Scotland) Act 1995], be commenced at any time within the period of 3 months from the date of which evidence, sufficient in the opinion of the Lord Advocate to justify proceedings, comes to his knowledge, or within the period of 12 months from the commission of the offence, whichever period last expires;

[F22 (aa) this subsection shall not be taken to impose any restriction on the time when proceedings may be commenced for an offence under section 111A above;]

(b) for the purposes of this subsection—

(i) a certificate purporting to be signed by or on behalf of the Lord Advocate as to the date on which such evidence as is mentioned above came to his knowledge shall be conclusive evidence of that date; and

(ii) subsection (3) of [F23 section 136 of the said Act of 1995] (date of commencement of proceedings) shall have effect as it has effect for the purposes of that section.

Textual Amendments

F1 Words in s. 116(1) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(2); S.I. 1999/527, art. 2(b), Sch. 2

F2 Words in s. 116(1) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(2); S.I. 1996/1509, art. 2, Sch.

F3 Words in s. 116(2)(a) substituted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 111(a), 150(2)(e)

F4 Words in s. 116(2)(a) 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)

F5 Words in s. 116(2)(a) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(3); S.I. 1996/1509, art. 2, Sch.

F6 S. 116(2)(b) and preceding word 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)

F7 Words in s. 116(2)(b) inserted (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 111(b), 150(2)(e)

F8 Words in s. 116(2) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 17(1)

F9 S. 116(2A) inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 5; S.I. 1997/1577, art. 2, Sch.

F10 S. 116(3)(b) and preceding word 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)

F11 S. 116(4)(5) 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)

F12 S. 116(4)(a) omitted (1.4.1997) by virtue of Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(a); S.I. 1997/618, art. 2(1) (with Sch.)

F13 Words in s. 116(4)(b) substituted (1.4.1997) by Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(b); S.I. 1997/618, art. 2(1) (with Sch.)

F14 Words in s. 116(4)(c) substituted (1.4.1997) by Housing Act 1996 (c. 52), s. 232(3), Sch. 13 para. 3(3)(c); S.I. 1997/618, art. 2(1) (with Sch.)

F15 Words in s. 116(5) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 17(2)

F16 S. 116(5A) inserted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(3); S.I. 1999/527, art. 2(b), Sch. 2

F17 Words in s. 116(5A) substituted (11.11.99) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(4)(d), Sch. 11 para. 5.

F18 S. 116(6) repealed (29.11.99) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 83, Sch. 8; S.I. 1999/3178, art. 2(1), Sch. 1

F19 Words in s. 116(7) substituted (25.2.1999 for specified purposes, 1.4.1999 in so far as not already in force) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(2)(a), Sch. 1 para. 21(4); S.I. 1999/527, art. 2(b), Sch. 2

F20 Words in s. 116(7)(a) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 56(4); S.I. 1996/1509, art. 2, Sch.

F21 Words in s. 116(7)(a) substituted (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 7(2), Sch. 4 para. 82(a)

F22 S. 116(7)(aa) inserted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 17, 20(1); S.I. 2002/1222, art. 2(g)

F23 Words in s. 116(7)(b) substituted (1.4.1996) by Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), s. 7(2), Sch. 4 para. 82(b)

Modifications etc. (not altering text)

C1 S. 116 applied (7.2.1994) by Pension Schemes Act 1993 (c. 48), s. 167(1)(2), 193(2); S.I. 1994/86, art. 2

C2 S. 116 applied in part (with modifications) by The Welfare Food Regulations 1996 (S.I. 1996/1434), regs. 1, 22(1), Sch. 6

[F24 116ZA Local authority powers to prosecute housing benefit and council tax benefit fraud E+W

(1) This section applies to an authority administering housing benefit or council tax benefit.

(2) The authority may not bring proceedings against a person for a benefit offence relating to either of those benefits unless—

(a) the authority has already started an investigation in relation to that person in respect of the offence,

(b) in a case where the proceedings relate to housing benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to council tax benefit, or has already brought proceedings against the person in respect of such an offence,

(c) in a case where the proceedings relate to council tax benefit, the authority has already started an investigation in relation to the person in respect of a benefit offence relating to housing benefit, or has already brought proceedings against the person in respect of such an offence,

(d) the proceedings arise in prescribed circumstances or are of a prescribed description, or

(e) the Secretary of State has directed that the authority may bring the proceedings.

(3) The Secretary of State may direct that in prescribed circumstances, an authority may not bring proceedings by virtue of subsection (2)(a), (b) or (c) despite the requirements in those provisions being met.

(4) A direction under subsection (2)(e) or (3) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.

(5) If the Secretary of State prescribes conditions for the purposes of this section, an authority may bring proceedings in accordance with this section only if any such condition is satisfied.

(6) The Secretary of State may continue proceedings which have been brought by an authority in accordance with this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—

(a) the proceedings were brought by virtue of subsection (2)(a), (b) or (c),

(b) he makes provision under subsection (2)(d) which has the effect that the authority would no longer be entitled to bring the proceedings in accordance with this section,

(c) he withdraws a direction under subsection (2)(e) in relation to the proceedings, or

(d) a condition prescribed under subsection (5) ceases to be satisfied in relation to the proceedings.

(7) In exercising a power to bring proceedings in accordance with this section, a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—

(a) in determining whether the proceedings should be instituted;

(b) in determining what charges should be preferred;

(c) in considering what representations to make to a magistrates'court about mode of trial;

(d) in determining whether to discontinue proceedings.

(8) Regulations shall define “an investigation in respect of a benefit offence” for the purposes of this section.

(9) This section does not apply to Scotland.]

Textual Amendments

F24 S. 116ZA inserted (20.4.2016 for specified purposes, 24.5.2016 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), ss. 112(2), 150(3); S.I. 2016/511, arts. 3, 4(a)

[F25 116A Local authority powers to prosecute [F26 other] benefit fraud E+W

[F27 (1) This section applies if an authority administering housing benefit or council tax benefit has power to bring proceedings for a benefit offence relating to that benefit.

(2) The authority may bring proceedings for a benefit offence relating to any other relevant social security benefit [F28 only if]—

(a) the proceedings relate to any benefit or circumstances or any description of benefit or circumstances which the Secretary of State prescribes for the purposes of this paragraph, or

(b) the Secretary of State has directed that the authority [F29 may] bring the proceedings,

and a direction under paragraph (b) may relate to a particular authority or description of authority or to particular proceedings or any description of proceedings.

(3) If the Secretary of State prescribes conditions for the purposes of this section, an authority must not bring proceedings under this section unless any such condition is satisfied.

(4) The Secretary of State may continue proceedings which have been brought by an authority under this section as if the proceedings had been brought in his name or he may discontinue the proceedings if—

(a) he makes provision under subsection (2)(a), such that the authority would no longer be entitled to bring the proceedings under this section,

(b) he [F30 withdraws] a direction under subsection (2)(b) in relation to the proceedings, or

(c) a condition prescribed under subsection (3) ceases to be satisfied in relation to the proceedings.

(5) In the exercise of its power under subsection (2), a local authority must have regard to the Code for Crown Prosecutors issued by the Director of Public Prosecutions under section 10 of the Prosecution of Offences Act 1985—

(a) in determining whether the proceedings should be instituted;

(b) in determining what charges should be preferred;

(c) in considering what representations to make to a magistrates' court about mode of trial;

(d) in determining whether to discontinue proceedings.

(6) An authority must not bring proceedings for a benefit offence which does not relate to housing benefit or council tax benefit otherwise than in accordance with this section.

(7) In subsection (2), “relevant social security benefit” has the same meaning as in section 121DA below.

(8) This section does not apply to Scotland.]]

Textual Amendments

F25 S. 116A inserted (19.2.2008 for specified purposes, 7.4.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), ss. 47, 70(2); S.I. 2008/411, art. 2(4)(b)(5)

F26 Word in s. 116A heading inserted (24.5.2016) by Welfare Reform Act 2012 (c. 5), ss. 112(4), 150(3); S.I. 2016/511, art. 4(b)

F27 S. 116A repealed (1.4.2013 in so far as relates 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)

F28 Words in s. 116A(2) substituted (24.5.2016) by Welfare Reform Act 2012 (c. 5), ss. 112(5)(a), 150(3); S.I. 2016/511, art. 4(b)

F29 Word in s. 116A(2)(b) substituted (24.5.2016) by Welfare Reform Act 2012 (c. 5), ss. 112(5)(b), 150(3); S.I. 2016/511, art. 4(b)

F30 Word in s. 116A(4)(b) substituted (24.5.2016) by Welfare Reform Act 2012 (c. 5), ss. 112(6), 150(3); S.I. 2016/511, art. 4(b)

[F31 117 Issues arising in proceedings U.K.

(1) This section applies to proceedings before a court—

(a) for an offence under this Act or the Jobseekers Act 1995; or

(b) involving any question as to the payment of contributions (other than a Class 4 contribution recoverable by the Inland Revenue); or

(c) for the recovery of any sums due to the Secretary of State[F32 , the Inland Revenue] or the National Insurance Fund,

(2) A decision of the Secretary of State which—

(a) falls within Part II of Schedule 3 to the Social Security Act 1998 (“the 1998 Act”; and

(b) relates to or affects an issue arising in the proceedings,

shall be conclusive for the purposes of the proceedings.

(3) If—

(a) any such decision is necessary for the determination of the proceedings; and

(b) the decision of the Secretary of State has not been obtained or an application with respect to the decision has been made under section 9 or 10 of the 1998 Act,

the decision shall be referred to the Secretary of State to be made in accordance (subject to any necessary modifications) with Chapter II of Part I of that Act.

(4) Subsection (2) above does not apply where, in relation to the decision—

(a) an appeal has been brought but not determined;

(b) an application for leave to appeal has been made but not determined;

(c) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or

(d) an application has been made under section 9 or 10 of the 1998 Act.

(5) In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.]

Textual Amendments

F31 S. 117 substituted (5.7.1999) by Social Security Act 1998 (c. 14), Sch. 7 para. 84

F32 Words in s. 117(1)(c) inserted (5.7.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 12; S.I. 1999/1662, art. 2(b), Sch. Pt. II

Modifications etc. (not altering text)

C3 S. 117 modified (temp.) (1.4.1999) by The Social Security Contributions, etc. (Decisions and Appeals—Transitional Modifications) Regulations 1999 (S.I. 1999/978), regs. 1, 2, Sch.

[F33 117A Issues arising in proceedings: contributions, etc E+W+S

(1) This section applies to proceedings before a court—

(a) for an offence under this Act or the Jobseekers Act 1995; or

(b) involving any question as to the payment of contributions (other than a Class 4 contribution recoverable in accordance with section 15 of the Contributions and Benefits Act); or

(c) for the recovery of any sums due to the Inland Revenue or the National Insurance Fund.

(2) A decision of an officer of the Inland Revenue which—

(a) falls within section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and

(b) relates to or affects an issue arising in the proceedings, shall be conclusive for the purposes of the proceedings.

(3) If—

(a) any such decision is necessary for the determination of the proceedings, and

(b) the decision of an officer of the Inland Revenue has not been obtained under section 8 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999,

the decision shall be referred to such an officer to be made in accordance (subject to any necessary modifications) with Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.

(4) Subsection (2) above does not apply where, in relation to the decision—

(a) an appeal has been brought but not determined;

(b) an appeal has not been brought (or, as the case may be, an application for leave to appeal has not been made) but the time for doing so has not yet expired; or

(c) an application for variation of the decision has been made under regulations made under section 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.

(5) In a case falling within subsection (4) above the court shall adjourn the proceedings until such time as the final decision is known; and that decision shall be conclusive for the purposes of the proceedings.]

Textual Amendments

F33 S. 117A inserted (1.4.1999) by Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2), s. 28(3), Sch. 7 para. 13; S.I. 1999/527, art. 2(b), Sch. 2

Modifications etc. (not altering text)

C4 S. 117A modified by National Insurance Contributions Act 2014 (c. 7), s. 10A(3) (as inserted (with effect in relation to tax arrangements entered into at any time) by Finance Act 2016 (c. 24), s. 157(17) (with s. 157(30)))