Social Security Administration Act 1992

1. Introductory Text

2. Part I Claims for and Payments and General Administration of Benefit

   1. Necessity of Claim

      1. 1. Entitlement to benefit dependent on claim

      2. 2. Retrospective effect of provisions making entitlement to benefit dependent on claim

   2. Widowhood benefits

      1. 3. Late claims for widowhood benefit where death is difficult to establish

      2. 4. Treatment of payments of benefit to certain widows

   3. Claims and payments regulations

      1. 5. Regulations about claims for and payments of benefit

   4. Community charge benefits etc.

      1. 6. Regulations about community charge benefits administration

      2. 7. Relationship between community charge benefits and other benefits

   5. Industrial injuries benefit

      1. 8. Notification of accidents, etc

      2. 9. Medical examination and treatment of claimants

      3. 10. Obligations of claimants

   6. Disability working allowance

      1. 11. Initial claims and repeat claims

   7. The social fund

      1. 12. Necessity of application for certain payments

   8. Child benefit

      1. 13. Necessity of application for child benefit

   9. Statutory sick pay

      1. 14. Duties of employees etc. in relation to statutory sick pay

   10. Statutory maternity pay

       1. 15. Duties of women etc. in relation to statutory maternity pay

   11. Emergency payments

       1. 16. Emergency payments by local authorities and other bodies

3. Part II Adjudication

   1. Adjudication by the Secretary of State

      1. 17. Questions for the Secretary of State

      2. 18. Appeal on question of law

      3. 19. Review of decisions

   2. Adjudication by adjudication officers

      1. 20. Claims and questions to be submitted to adjudication officer

      2. 21. Decision of adjudication officer

   3. Appeals from adjudication officers - general

      1. 22. Appeal to social security appeal tribunal

      2. 23. Appeal from social security appeal tribunal to Commissioner

      3. 24. Appeal from Commissioners on point of law

   4. Reviews - general

      1. 25. Review of decisions

      2. 26. Procedure for reviews

      3. 27. Reviews under s. 25 - supplementary

      4. 28. Appeals following reviews or refusals to review

      5. 29. Review after claimant appeals

   5. Attendance allowance, disability living allowance and disability working allowance

      1. 30. Reviews of decisions of adjudication officers

      2. 31. Further reviews

      3. 32. Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance - supplementary

      4. 33. Appeals following reviews

      5. 34. Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners

      6. 35. Reviews of decisions on appeal

   6. Questions first arising on appeal

      1. 36. Questions first arising on appeal

   7. Reference of special questions

      1. 37. Reference of special questions

   8. Adjudication officers and the Chief Adjudication Officer

      1. 38. Adjudication officers

      2. 39. The Chief Adjudication Officer

   9. Social security appeal tribunals

      1. 40. Panels for appointment to social security appeal tribunals

      2. 41. Constitution of social security appeal tribunals

   10. Disability appeal tribunals

       1. 42. Panels for appointment to disability appeal tribunals

       2. 43. Constitution of disability appeal tribunals

   11. Adjudication in relation to industrial injuries and disablement benefit

       1. 44. Declaration that accident is an industrial accident

       2. 45. Disablement questions

       3. 46. Medical appeals and references

       4. 47. Review of medical decisions

       5. 48. Appeal etc. on question of law to Commissioner

   12. Adjudicating medical practitioners and medical appeal tribunals

       1. 49. Adjudicating medical practitioners

       2. 50. Constitution of medical appeal tribunals

   13. The President and full-time chairmen of tribunals

       1. 51. The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and regional chairmen and other full-time chairmen

   14. Social Security Commissioners

       1. 52. Appointment of Commissioners

   15. References by authorities

       1. 53. Power of adjudicating authorities to refer matters to experts

       2. 54. Claims relating to attendance allowance, disability living allowance and disability working allowance

       3. 55. Medical examination etc. in relation to appeals to disability appeal tribunals

   16. Determination of questions of special difficulty

       1. 56. Assessors

       2. 57. Tribunal of three Commissioners

   17. Regulations

       1. 58. Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals

       2. 59. Procedure

       3. 60. Finality of decisions

       4. 61. Regulations about supplementary matters relating to determinations

   18. Industrial diseases

       1. 62. Adjudication as to industrial diseases

   19. Housing benefit and community charge benefits

       1. 63. Adjudication

   20. Social fund officers and inspectors and the social fund Commissioner

       1. 64. Social fund officers

       2. 65. The social fund Commissioner and inspectors

       3. 66. Reviews

   21. Christmas bonus

       1. 67. Determination of questions

   22. Restrictions on entitlement to benefit following erroneous decision

       1. 68. Restrictions on entitlement to benefit in certain cases of error

       2. 69. Determination of questions on review following erroneous decisions

   23. Correction of errors

       1. 70. Regulations as to correction of errors and setting aside of decisions

4. Part III Overpayments and adjustments of Benefit

   1. Misrepresentation etc.

      1. 71. Overpayments - general

      2. 72. Special provision as to recovery of income support

   2. Adjustments of benefits

      1. 73. Overlapping benefits - general

      2. 74. Income support and other payments

   3. Housing benefit

      1. 75. Overpayments of housing benefit

   4. Community charge benefits

      1. 76. Excess benefits

      2. 77. Shortfall in benefits

   5. Social fund awards

      1. 78. Recovery of social fund awards

   6. Northern Ireland payments

      1. 79. Recovery of Northern Ireland payments

   7. Adjustment of child benefit

      1. 80. Child benefit - overlap with benefits under legislation of other member States

5. Part IV Recovery from compensation payments

   1. 81. Interpretation of Part IV

   2. Recovery from damages etc. of sums equivalent to benefit

      1. 82. Recovery of sums equivalent to benefit from compensation payments in respect of accidents, injuries and diseases

   3. Payments, deductions and certificates

      1. 83. Time for making payment to Secretary of State

      2. 84. The certificate of total benefit

      3. 85. Exemption from deduction in cases involving small payments

      4. 86. Multiple compensation payments

      5. 87. Collaboration between compensators

      6. 88. Structured settlements

      7. 89. Insolvency

      8. 90. Protection of legal aid charges

      9. 91. Overpaid benefits

      10. 92. Death

      11. 93. Payments into court

   4. Administration and adjudication

      1. 94. Provision of information

      2. 95. Applications for certificates of total benefit

      3. 96. Liability of compensator unenforceable if certificate not issued within time limit

      4. 97. Review of certificates of total benefit

      5. 98. Appeals

      6. 99. Recovery in consequence of an appeal

      7. 100. Recovery of relevant payment in cases of default

   5. Miscellaneous

      1. 101. Persons in Northern Ireland

      2. 102. Foreign compensators: duties of intended recipient

      3. 103. Interest on damages: reductions in respect of relevant payments

      4. 104. The Crown

6. Part V Income Support and the Duty to Maintain

   1. 105. Failure to maintain - general

   2. 106. Recovery of expenditure on benefit from person liable for maintenance

   3. 107. Recovery of expenditure on income support: additional amounts and transfer of orders

   4. 108. Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State

   5. 109. Diversion of arrested earnings to Secretary of State - Scotland

7. Part VI Enforcement

   1. Inspection and offences

      1. 110. Appointment and powers of inspectors

      2. 111. Delay, obstruction etc. of inspector

      3. 112. False representations for obtaining benefit etc

      4. 113. Breach of regulations

      5. 114. Offences relating to contributions

      6. 115. Offences by bodies corporate

   2. Legal proceedings

      1. 116. Legal proceedings

      2. 117. Questions arising in proceedings

   3. Unpaid contributions etc.

      1. 118. Evidence of non-payment

      2. 119. Recovery of unpaid contributions on prosecution

      3. 120. Proof of previous offences

      4. 121. Unpaid contributions - supplementary

8. Part VII Provision of Information

   1. Inland Revenue

      1. 122. Disclosure of information by Inland Revenue

   2. Persons employed or formerly employed in social security administration or adjudication

      1. 123. Unauthorised disclosure of information relating to particular persons

   3. The Registration Service

      1. 124. Provisions relating to age, death and marriage

      2. 125. Regulations as to notification of deaths

   4. Personal representatives - income support and supplementary benefit

      1. 126. Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit

   5. Housing benefit

      1. 127. Information for purposes of housing benefit

   6. Community charge benefits

      1. 128. Information for purposes of community charge benefits

   7. Statutory sick pay and other benefits

      1. 129. Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory sick pay

      2. 130. Duties of employers - statutory sick pay and claims for other benefits

   8. Statutory maternity pay and other benefits

      1. 131. Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory maternity pay

      2. 132. Duties of employers - statutory maternity pay and claims for other benefits

   9. Maintenance proceedings

      1. 133. Furnishing of addresses for maintenance proceedings, etc

9. Part VIII Arrangements for Housing Benefit and Community Charge Benefits and Related Subsidies

   1. Housing benefit

      1. 134. Arrangements for housing benefit

      2. 135. Housing benefit finance

      3. 136. Rent allowance subsidy and determinations of rent officers

      4. 137. Claims etc

   2. Community charge benefits

      1. 138. Nature of benefits

      2. 139. Arrangements for community charge benefits

      3. 140. Community charge benefit finance

10. Part IX Alteration of Contributions Etc.

    1. 141. Annual review of contributions

    2. 142. Orders under s. 141 - supplementary

    3. 143. Power to alter contributions with a view to adjusting level of National Insurance Fund

    4. 144. Orders under s. 143 - supplementary

    5. 145. Power to alter primary and secondary contributions

    6. 146. Power to alter number of secondary earnings brackets

    7. 147. Orders under ss. 145 and 146 - supplementary

    8. 148. Revaluation of earnings factors

    9. 149. Statutory sick pay - power to alter limit for small employers' relief

11. Part X Review and Alteration of Benefits

    1. 150. Annual up-rating of benefits

    2. 151. Up-rating - supplementary

    3. 152. Rectification of mistakes in orders under section 150

    4. 153. Annual review of child benefit

    5. 154. Social security benefits in respect of children

12. Part XI Computation Of Benefits

    1. 155. Effect of alteration of rates of benefit under Parts II to V of Contributions and Benefits Act

    2. 156. Computation of Category A retirement pension with increase under s.52(3) of Contributions and Benefits Act

    3. 157. Effect of alteration of rates of child benefit

    4. 158. Treatment of excess benefit as paid on account of child benefit

    5. 159. Effect of alteration in the component rates of income support

    6. 160. Implementation of increases in income support due to attainment of particular ages

13. Part XII Finance

    1. 161. National Insurance Fund

    2. 162. Destination of contributions

    3. 163. General financial arrangements

    4. 164. Destination of repayments etc

    5. 165. Adjustments between National Insurance Fund and Consolidated Fund

    6. 166. Financial review and report

    7. 167. The social fund

    8. 168. Allocations from social fund

    9. 169. Adjustments between social fund and other sources of finance

14. Part XIII Advisory Bodies And Consultation

    1. The Social Security Advisory Committee and the Industrial Injuries Advisory Council

       1. 170. The Social Security Advisory Committee

       2. 171. The Industrial Injuries Advisory Council

       3. 172. Functions of Committee and Council in relation to regulations

       4. 173. Cases in which consultation is not required

       5. 174. Committee’s report on regulations and Secretary of State’s duties

    2. The Disability Living Allowance Advisory Board

       1. 175. Disability Living Allowance Advisory Board

    3. Housing benefit and community charge benefits.

       1. 176. Consultation with representative organisations

15. Part XIV Social Security Systems Outside Great Britain

    1. Co-ordination

       1. 177. Co-ordination with Northern Ireland

    2. Reciprocity

       1. 178. Reciprocal arrangements with Northern Ireland - income-related benefits and child benefit

       2. 179. Reciprocal agreements with countries outside the United Kingdom

16. Part XV Miscellaneous

    1. Travelling expenses

       1. 180. Payment of travelling expenses by Secretary of State

    2. Offences

       1. 181. Impersonation of officers

       2. 182. Illegal possession of documents.

    3. Industrial injuries and diseases

       1. 183. Research on industrial injuries, etc

       2. 184. Control of pneumoconiosis

    4. Workmen’s compensation etc.

       1. 185. Administration of workmen’s compensation etc

    5. Supplementary benefit etc.

       1. 186. Application of provisions of Act to supplementary benefit etc

    6. Miscellaneous

       1. 187. Certain benefit to be inalienable

       2. 188. Exemption from stamp duty

17. Part XVI General

    1. Subordinate legislation

       1. 189. Regulations and orders - general

       2. 190. Parliamentary control of orders and regulations

    2. Supplementary

       1. 191. Interpretation - general

       2. 192. Short title, commencement and extent

18. SCHEDULES

    1. SCHEDULE 1

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

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

          1. 1. Section 1 above shall have effect in relation to a...

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

          1. 2. Section 1 above shall have effect in relation to a...

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

          1. 3. Section 1 above shall have effect in relation to a...

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

          1. 4. Section 1 above shall have effect in relation to a...

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

          1. 5. Section 1 above shall have effect in relation to a...

    2. SCHEDULE 2

       Commissioners, tribunals etc - supplementary provisions

       1. Tenure of offices

          1. 1. (1) Subject to the following provisions of this paragraph, the...

       2. Remuneration etc. for President and Chairmen

          1. 2. The Secretary of State may pay, or make such payments...

       3. Officers and staff

          1. 3. The President may appoint such officers and staff as he...

       4. Clerks to social security appeal tribunals and disability appeal tribunals

          1. 4. (1) The President shall assign clerks to service the social...

       5. Miscellaneous administrative duties of President

          1. 5. It shall be the duty of the President—

       6. Remuneration etc.

          1. 6. The Lord Chancellor shall pay to a Commissioner such salary...

          2. 7. (1) The Secretary of State may pay—

       7. Certificates of decisions

          1. 8. A document bearing a certificate which— (a) is signed by...

    3. SCHEDULE 3

       Regulations as to procedure

       1. Interpretation

          1. 1. In this Schedule “competent tribunal” means— (a) a Commissioner;

       2. Provision which may be made

          1. 2. Provision prescribing the procedure to be followed in connection with...

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

          3. 4. Provision as to the form which is to be used...

          4. 5. Provision as to the time to be allowed—

          5. 6. Provision as to the manner in which, and the time...

          6. 7. Provision for summoning persons to attend and give evidence or...

          7. 8. Provision for authorising a competent tribunal consisting of two or...

          8. 9. Provision for giving the chairman or acting chairman of a...

          9. 10. Provision for empowering the chairman of a social security appeal...

          10. 11. Provision for the non-disclosure to a person of the particulars...

          11. 12. Provision for requiring or authorising the Secretary of State to...

    4. SCHEDULE 4

       Persons employed in social security administration or adjudication

       1. Part I The specified persons

          1. Government departments

          2. Other public departments and offices

          3. Adjudication officers

          4. Adjudicating bodies

          5. The Disability Living Allowance Advisory Board

          6. The Occupational Pensions Board

          7. The Social Fund

          8. Former officers

       2. Part II Construction of references to government departments etc.

          1. 1. The reference in Part I of this Schedule to the...

          2. 2. The reference in Part I of this Schedule to the...

          3. 3. Any reference in Part I of this Schedule to the...

          4. 4. The reference in Part I of this Schedule to the...

          5. 5. In this Part of this Schedule “war pension” has the...

    5. SCHEDULE 5

       Social Security Advisory Committee

       1. 1. The Committee shall consist of a chairman appointed by the...

       2. 2. (1) Each member of the Committee shall be appointed to...

       3. 3. (1) Of the members of the Committee (other than the...

       4. 4. The Secretary of State may remove a member of the...

       5. 5. The Secretary of State shall appoint a secretary to the...

       6. 6. The expenses of the Committee to such an amount as...

       7. 7. There may be paid as part of the expenses of...

       8. 8. (1) The Secretary of State may pay or make provision...

       9. 9. The Committee may act notwithstanding any vacancy among the members....

       10. 10. The Committee may make rules for regulating its procedure (including...

    6. SCHEDULE 6

       Industrial Injuries Advisory Council

       1. 1. (1) The Council shall consist of a chairman appointed by...

       2. 2. (1) The Secretary of State may pay—

    7. SCHEDULE 7

       Regulations not requiring prior submission

       1. Part I Social Security Advisory Committee

          1. Disability living allowance

             1. 1. Regulations under section 72(3) or 73(10) of the Contributions and...

          2. Industrial injuries

             1. 2. Regulations relating only to industrial injuries benefit.

          3. Up-rating etc.

             1. 3. Regulations contained in a statutory instrument which states that it...

          4. Earnings limits

             1. 4. Regulations under section 5 of the Contributions and Benefits Act...

          5. Married women and widows - reduced rate contributions

             1. 5. Regulations under section 19(4)(a) of the Contributions and Benefits Act....

          6. Child benefit

             1. 6. Regulations prescribing the rate or any of the rates of...

             2. 7. Regulations varying social security benefits following an increase of the...

          7. Statutory maternity pay and statutory sick pay

             1. 8. Regulations under section 158 or 167 of the Contributions and...

          8. Procedural rules for tribunals

             1. 9. Regulations in so far as they consist only of procedural...

          9. Consolidation

             1. 10. Regulations made for the purpose only of consolidating other regulations...

       2. Part II Industrial Injuries Advisory Council

          1. 11. Regulations under section 121(1)(b) of the Contributions and Benefits Act....

          2. 12. Regulations contained in a statutory instrument which states that it...

          3. 13. Regulations contained in a statutory instrument made within a period...

          4. 14. Regulations in so far as they consist only of procedural...

          5. 15. Regulations contained in a statutory instrument which states that it...

          6. 16. Regulations contained in a statutory instrument which states that the...

          7. 17. Regulations made for the purpose only of consolidating other regulations...

    8. SCHEDULE 8

       Constitution etc. of Joint Authority for Great Britain and Northern Ireland

       1. 1. The Joint Authority shall be a body corporate by the...

       2. 2. Either member of the Joint Authority shall be entitled, subject...

       3. 3. The Documentary Evidence Act 1868 shall apply to the Joint...

    9. SCHEDULE 9

       Old Cases payments administration

       1. Provisions ancillary to paragraph 2 of Schedule 8 to the Contributions and Benefits Act

          1. 1. (1) The provisions of this paragraph shall have effect with...

       2. Provisions ancillary to paragraph 4 of Schedule 8

          1. 2. (1) Subject to sub-paragraph (2) below, sub-paragraphs (2) to (6)...

       3. Adjustment of benefit in certain cases

          1. 3. (1) A scheme under paragraph 2 or 4 of Schedule...

       4. Overpayments

          1. 4. A scheme under paragraph 2 or 4 of Schedule 8...

    10. SCHEDULE 10

        Supplementary benefit etc.

        1. Interpretation

           1. 1. In this Schedule— “the former National Insurance Acts” means the...

        2. Claims and payments

           1. 2. (1) Section 5 above shall have effect in relation to...

        3. Adjudication

           1. 3. (1) Sections 20 to 29, 36 to 43, 51 to...

        4. Overpayments etc.

           1. 4. (1) Section 71 above shall have effect in relation to...

        5. Inspection

           1. 5. Section 110 above shall have effect as if it also...

        6. Legal proceedings

           1. 6. Section 116 above shall have effect as if any reference...

        7. TABLE OF DERIVATIONS