Social Security Administration Act 1992

[F1 2B Supplementary provisions relating to work-focused interviews U.K.

(1) Chapter II of Part I of the Social Security Act 1998 (social security decisions and appeals) shall have effect in relation to relevant decisions [F2 made under regulations under section 2A or 2AA] subject to and in accordance with subsections (3) to (8) below (and in those subsections “the 1998 Act” means that Act).

(2) For the purposes of this section a “relevant decision” [F3 , in relation to regulations under section 2A above, is a decision] that a person—

(a) has failed to comply with a requirement to take part in an interview which applied to him by virtue of the regulations, or

(b) has not shown, within the prescribed period mentioned in section 2A(3)(e)(ii) above, that he had good cause for such a failure.

[F4 (2A) For the purposes of this section a “relevant decision”, in relation to regulations under section 2AA above, is a decision that—

(a) the partner of a person entitled to a benefit has failed to comply with a requirement to take part in an interview which applied to the partner by virtue of the regulations, or

(b) it has not been shown, within the prescribed period mentioned in section 2AA(4)(f)(ii) above, that the partner had good cause for such a failure.]

(3) Section 8(1)(c) of the 1998 Act (decisions falling to be made under or by virtue of certain enactments are to be made by the Secretary of State) shall have effect subject to any provisions of regulations under section 2A [F5 or 2AA] above by virtue of which relevant decisions fall to be made otherwise than by the Secretary of State.

(4) For the purposes of each of sections 9 and 10 of the 1998 Act (revision and supersession of decisions of Secretary of State) any relevant decision made otherwise than by the Secretary of State shall be treated as if it were such a decision made by the Secretary of State (and accordingly may be revised by him under section 9 or superseded by a decision made by him under section 10).

(5) Subject to any provisions of regulations under either section 9 or 10 of the 1998 Act, any relevant decision made, or (by virtue of subsection (4) above) treated as made, by the Secretary of State may be—

(a) revised under section 9 by a person or authority exercising functions under regulations under section 2A [F6 or 2AA] above other than the Secretary of State, or

(b) superseded under section 10 by a decision made by such a person or authority,

as if that person or authority were the Secretary of State.

(6) Regulations shall make provision for conferring (except in any prescribed circumstances) a right of appeal under section 12 of the 1998 Act (appeal to [F7 First-tier Tribunal]) against—

(a) any relevant decision, and

(b) any decision under section 10 of that Act superseding any such decision, whether made by the Secretary of State or otherwise.

(7) Subsections (4) to (6) above apply whether—

(a) the relevant decision, or

(b) (in the case of subsection (6)(b)) the decision under section 10 of the 1998 Act,

is as originally made or has been revised (by the Secretary of State or otherwise) under section 9 of that Act; and regulations under subsection (6) above may make provision for treating, for the purposes of section 12 of that Act, any decision made or revised otherwise than by the Secretary of State as if it were a decision made or revised by him.

(8) Section 12 of the 1998 Act shall not apply to any decision falling within subsection (6) above except in accordance with regulations under that subsection.

(9) In F8 ...

(a) F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) section 72(6) of the Welfare Reform and Pensions Act 1999 (supply of information),

any reference to information relating to social security includes any information supplied by a person for the purposes of an interview which he is required to take part in by virtue of section 2A [F9 or 2AA] above.

(10) In this section “interview” means a work-focused interview within the meaning of section 2A above.]

Textual Amendments

F1 Ss. 2A, 2B and cross-heading inserted (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 57, 89(4)(a)

F2 Words in s. 2B(1) inserted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(2); S.I. 2003/1666, art. 2(b)

F3 Words in s. 2B(2) substituted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(3); S.I. 2003/1666, art. 2(b)

F4 S. 2B(2A) inserted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(4); S.I. 2003/1666, art. 2(b)

F5 Words in s. 2B(3) inserted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(5); S.I. 2003/1666, art. 2(b)

F6 Words in s. 2B(5)(a) inserted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(5); S.I. 2003/1666, art. 2(b)

F7 Words in s. 2B(6) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 102

F8 Words in s. 2B(9) repealed (24.11.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 8(1); S.I. 2002/2866, art. 2(4), Sch. 2 Pt. 1

F9 Words in s. 2B(9) inserted (5.7.2003) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 9(5); S.I. 2003/1666, art. 2(b)