Social Security Administration Act 1992

[F1 [F2 139D Directions U.K.

(1) This section applies where—

(a) a copy of a report has been sent to an authority under section 139C(2) above;

(b) a copy of a report has been sent [F3 to the Secretary of State under section 37(1) of or paragraph 3 of Schedule 7 to the Local Audit and Accountability Act 2014];

[F4 (ba) a copy of a report has been sent to an authority under section 22(5) or (6) of the Public Audit (Wales) Act 2004 and to the Secretary of State under section 51(3) of that Act;]

[F5 (bb) a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;]

[F6 (c) a copy of a report under section 102(1)(b) or (c) of the Local Government (Scotland) Act 1973 which to any extent relates to the administration of benefit has been sent to a local authority and the Secretary of State under section 102(2) of that Act;]

[F7 (ca) a copy of a report has been sent to a local authority under section 95(7)(b)(i) of the Local Government and Elections (Wales) Act 2021 and to the Secretary of State under subsection (9) of that section];

(d) a copy of a report has been sent to an authority under F8 ... [F9 section 45(5) of the Public Audit (Wales) Act 2004] or section 105A(7) of the Local Government (Scotland) Act 1973.

(2) The Secretary of State may [F10 require] the authority to consider the report and to submit proposals for—

(a) improving its performance in relation to the prevention and detection of fraud relating to benefit or otherwise in relation to the administration of benefit; and

(b) remedying any failings identified by the report.

[F11 (2A) A requirement under subsection (2) above may specify—

(a) any information or description of information to be provided;

(b) the form and manner in which the information is to be provided.

(2B) The authority must respond to a requirement under subsection (2) above before the end of such period (not less than one month after the day on which the requirement is made) as the Secretary of State specifies in the requirement.

(2C) The Secretary of State may extend the period specified under subsection (2B) above.]

[F12 (3) After considering—

(a) the report,

(b) any proposals made by the authority in response to it, and

(c) any other information he thinks is relevant,

the Secretary of State may give directions to the authority under subsection (3A) or (3B) or both.

(3A) Directions under this subsection are directions as to—

(a) standards which the authority is to attain in the prevention and detection of fraud relating to benefit or otherwise in the administration of benefit;

(b) the time within which the standards are to be attained.

(3B) Directions under this subsection are directions to take such action as the Secretary of State thinks necessary or expedient for the purpose of improving the authority’s exercise of its functions—

(a) in relation to the prevention and detection of fraud relating to benefit;

(b) otherwise in relation to the administration of benefit.

(3C) A direction under subsection (3B) may specify the time within which anything is to be done.]

(4) When giving directions to an authority under [F13 subsection (3A)] above, the Secretary of State may make recommendations to the authority setting out any course of action which he thinks it might take to attain the standards which it is directed to attain.

[F14 (4A) If the Secretary of State proposes to give a direction under this section he must give the authority to which the direction is to be addressed an opportunity to make representations about the proposed direction.

(4B) The Secretary of State may specify a period within which representations mentioned in subsection (4A) above must be made.

(4C) The Secretary of State may extend a period specified under subsection (4B) above.

(4D) Subsections (4A) to (4C) do not apply if the Secretary of State thinks that it is necessary for a direction to be given as a matter of urgency.

(4E) If the Secretary of State acts under subsection (4D) he must give in writing to the authority to which the direction is addressed his reasons for doing so.]

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

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 Words in s. 139D(1)(b) substituted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), ss. 37(2)(a), 49(1) (with s. 37(3)); S.I. 2015/841, art. 3(w)

F4 S. 139D(1)(ba) inserted (1.4.2005) by the Public Audit (Wales) Act 2004 (c. 23), Sch. 2 para. 15(2); S.I. 2005/558, art. 2, Sch. 1

F5 S. 139D(1)(bb) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 147(2); S.I. 2008/172, art. 4(b)

F6 S. 139D(1)(c) substituted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(2), 70(2); S.I. 2008/411, art. 2(3)(b)

F7 S. 139D(1)(ca) substituted (1.4.2021) by virtue of The Local Government and Elections (Wales) Act 2021 (Consequential Amendments) Regulations 2021 (S.I. 2021/296), regs. 1(2), 3(4) (with reg. 3(5))

F8 Words in s. 139D(1)(d) omitted (1.4.2015) by virtue of Local Audit and Accountability Act 2014 (c. 2), ss. 37(2)(b), 49(1) (with s. 37(3)); S.I. 2015/841, art. 3(w)

F9 Words in s. 139D(1)(d) inserted (1.4.2005) by the Public Audit (Wales) Act 2004 (c. 23), Sch. 2 para. 15(3); S.I. 2005/558, art. 2, Sch. 1

F10 Word in s. 139D(2) substituted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(4), 70(2); S.I. 2008/411, art. 2(3)(b)

F11 S. 139D(2A)-(2C) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(5), 70(2); S.I. 2008/411, art. 2(3)(b)

F12 S. 139D(3)-(3C) substituted for s. 139D(3) (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(6), 70(2); S.I. 2008/411, art. 2(3)(b)

F13 Words in s. 139D(4) substituted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(7), 70(2); S.I. 2008/411, art. 2(3)(b)

F14 S. 139D(4A)-(4E) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), ss. 39(8), 70(2); S.I. 2008/411, art. 2(3)(b)