Law

Social Security Administration Act 1992

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 322 provisions

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322 provisions

113C Health in pregnancy grant: civil penalty for fraud, etc.

Schedule 3A (health in pregnancy grant: civil penalty for fraud, etc.) has effect.

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114 Offences relating to contributions

(1) Any person who is knowingly concerned in the fraudulent evasion of any contributions which he or any other person is liable to pay shall be guilty of an offence. (2) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding seven years or to a fine or to both; (b) on summary conviction, to a fine not exceeding the statutory maximum.

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114A Penalties relating to contributions

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115

(1) Where an offence under this Act, or under the Jobseekers Act 1995, which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

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115A Penalty as alternative to prosecution

(1) This section applies where an overpayment is recoverable from a person by, or due from a person to, the Secretary of State or an authority under or by virtue of section 71, 71ZB 71A, 75 or 76 above and it appears to the Secretary of State or authority that— (a) the making of the overpayment was attributable to an act or omission on the part of that person; and (b) there are grounds for instituting against him proceedings for an offence (under this Act or any other enactment) relating to the overpayment. (1A) This section also applies where — (a) it appears to the Secretary of State or an authority that there are grounds for instituting proceedings against a person for an offence (under this Act or any other enactment) relating to an act or omission on the part of that person in relation to any benefit, and (b) if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable from the person by, or due from the person to, the Secretary of State or an authority under or by virtue of section 71, 71ZB, 71A, 75 or 76 above. (1B) This section also applies where— (a) an overpayment notice has been given to a person (“P”) under section 71ZJ (overpayment notice in relation to non-benefit payment), and (b) in relation to the overpayment notice, the condition in subsection (1C) is met. (1C) The condition in this subsection is met where— (a) the time for P to seek a review of the overpayment notice under section 71ZK has passed without P seeking a review, or (b) if P sought a review of the notice within the time allowed, the review has taken place, and— (i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or (ii) P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined. (2) The Secretary of State or authority may give the person a written notice— (a) stating that he may be invited to agree to pay a penalty and that, if he does so in the manner specified by the Secretary of State or authority, no proceedings referred to in subsection (1) or (1A) above , or in relation to the overpayment notice referred to in subsection (1B), will be instituted against him; and (b) containing such information relating to the operation of this section as may be prescribed. (3) The amount of the penalty in a case falling within subsection (1) or (1B) is 50% of the amount of the overpayment (rounded down to the nearest whole penny), subject to— (a) a minimum amount of £350, and (b) a maximum amount of £5000. (3A) The amount of the penalty in a case falling within subsection (1A) is £350. (3B) The Secretary of State may by order amend— (a) the percentage for the time being specified in subsection (3); (b) any figure for the time being specified in subsection (3)(a) or (b) or (3A). (4) If the person agrees in the specified manner to pay the penalty— (a) the amount of the penalty shall be recoverable by the same methods as those by which the overpayment is or would have been recoverable; and (b) no proceedings will be instituted against him for an offence (under this Act or any other enactment) relating to the overpayment or to the act or omission referred to in subsection (1A)(a). (5) The person may withdraw his agreement to pay the penalty by notifying the Secretary of State or authority in the manner specified by the Secretary of State or authority, at any time during the period of 14 days beginning with the day on which he agrees to pay it; and if he does so— (a) so much of the penalty as has already been recovered shall be repaid; and (b) subsection (4)(b) above shall not apply. (6) In a case referred to in subsection (1) where, after the person has agreed to pay the penalty, it is decided on a review or appeal or in accordance with regulations that the overpayment is not recoverable or due so much of the penalty as has already been recovered shall be repaid. (7) In a case referred to in subsection (1) where, after the person has agreed to pay the penalty, the amount of the overpayment is revised on a review or appeal or in accordance with regulations— (a) so much of the penalty as has already been recovered shall be repaid; and (b) subsection (4)(b) above shall no longer apply by reason of the agreement; but if a new agreement is made under this section in relation to the revised overpayment, the amount already recovered by way of penalty, to the extent that it does not exceed the amount of the new penalty, may be treated as recovered under the new agreement instead of being repaid. (7A) Subject to subsection (7B) below, the Secretary of State and an authority which administers housing benefit or council tax benefit may agree that, to the extent determined by the agreement, one may carry out on the other's behalf, or may join in the carrying out of, any of the other's functions under this section. (7B) Subsection (7A) above shall not authorise any delegation of— (a) the function of the person by whom any overpayment is or would have been recoverable, or to whom it is or would have been due, of determining whether or not a notice should be given under subsection (2) above in respect of that overpayment; or (b) the Secretary of State's power to make regulations for the purposes of paragraph (b) of that subsection. (8) In this section , except in relation to a case referred to in subsection (1B), “overpayment” means— (a) a payment which should not have been made; (b) a sum which the Secretary of State should have received; (c) an amount of benefit paid in excess of entitlement; or (d) an amount equal to an excess of benefit allowed; and the reference in subsection (1)(a) or (1A)(b) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit. (8A) In relation to a case referred to in subsection (1B), “overpayment” has the meaning given in section 71ZI(1).

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115B Penalty as alternative to prosecution: colluding employers etc

(1) This section applies where it appears to the Secretary of State or an authority that administers housing benefit or council tax benefit— (a) that there are grounds for instituting proceedings against any person ('the responsible person') for an offence (whether or not under this Act) in respect of any conduct; and (b) that the conduct in respect of which there are grounds for instituting the proceedings is conduct falling within subsection (2) below. (2) Conduct in respect of which there appear to be grounds for instituting proceedings falls within this subsection if— (a) those proceedings would be for an offence under this Act in connection with an inquiry relating to the employment of relevant employees or of any one or more particular relevant employees; or (b) it is conduct which was such as to facilitate the commission of a benefit offence or an offence in relation to an overpayment of a non-benefit payment by a relevant employee (whether or not such an offence was in fact committed). (3) The Secretary of State or authority may give to the responsible person a written notice— (a) specifying or describing the conduct in question; (b) stating that he may be invited to agree to pay a penalty in respect of that conduct; (c) stating that, if he does so in the manner specified by the Secretary of State or authority, no criminal proceedings will be instituted against him in respect of that conduct; and (d) containing such information relating to the operation of this section as may be prescribed. (4) If the recipient of a notice under subsection (3) above agrees, in the specified manner, to pay the penalty— (a) the amount of the penalty shall be recoverable from the recipient by the Secretary of State or authority; and (b) no criminal proceedings shall be instituted against the recipient in respect of the conduct to which the notice relates. (4A) Sections 71ZC, 71ZD and 71ZE above apply in relation to amounts recoverable under subsection (4)(a) above as to amounts recoverable by the Secretary of State under section 71ZB above (and, where the notice is given by an authority administering housing benefit or council tax benefit, those sections so apply as if references to the Secretary of State were to that authority). (5) The amount of the penalty shall be— (a) in a case in which the conduct in question falls within paragraph (a) of subsection (2) above but not within paragraph (b) of that subsection, £1,000; (b) in a case in which that conduct falls within paragraph (b) of that subsection and the number of relevant employees by reference to whom it falls within that subsection is five or more, £5,000; and (c) in any other case, the amount obtained by multiplying £1,000 by the number of relevant employees by reference to whom that conduct falls within that subsection. (6) The responsible person may withdraw his agreement to pay a penalty under this section by notifying the Secretary of State or authority, in the manner specified by the Secretary of State or authority, at any time during the period of 14 days beginning with the day on which he agrees to pay it. (7) Where the responsible person withdraws his agreement in accordance with subsection (6) above— (a) so much of the penalty as has already been recovered shall be repaid; and (b) subsection (4)(b) above shall not apply. (8) For the purposes of this section an individual is a relevant employee in relation to any conduct of the responsible person if— (a) that conduct was at or in relation to a time when that individual was an employee of the responsible person; (b) that conduct was at or in relation to a time when that individual was an employee of a body corporate of which the responsible person is or has been a director; or (c) the responsible person, in engaging in that conduct, was acting or purporting to act on behalf of, in the interests of or otherwise by reason of his connection with, any person by whom that individual is or has been employed. (9) In this section— “conduct” includes acts, omissions and statements; “director”— in relation to a company (as defined in section 1(1) of the Companies Act 2006), includes a shadow director; in relation to any such company that is a subsidiary of another, includes any director orshadow director of the other company; and in relation to a body corporate whose affairs are managed by its members, means a member of that body corporate; “employee” means any person who— is employed under a contract of service or apprenticeship, or in an office (including an elective office), or carries out any work under any contract under which he has undertaken to provide his work, and “employment” shall be construed accordingly; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “shadow director” means a shadow director as defined in section 251 of the Companies Act 2006; “subsidiary” means a subsidiary as defined in section 1159 of the Companies Act 2006.

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115C Incorrect statements etc

(1) This section applies where— (a) a person negligently makes an incorrect statement or representation, or negligently gives incorrect information or evidence— (i) in or in connection with a claim for a relevant social security benefit, or (ii) in connection with an award of a relevant social security benefit, (b) the person fails to take reasonable steps to correct the error, (c) the error results in the making of an overpayment, and (d) the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment. (2) A penalty of a prescribed amount may be imposed by the appropriate authority— (a) in any case, on the person; (b) in a case where the person (“A”) is making, or has made, a claim for the benefit for a period jointly with another (“B”), on B instead of A. (3) Subsection (2)(b) does not apply if B was not, and could not reasonably be expected to have been, aware that A had negligently made the incorrect statement or representation or given the incorrect information or evidence. (4) A penalty imposed under subsection (2) is recoverable by the appropriate authority from the person on whom it is imposed. (5) Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Secretary of State under section 71ZB (and, where the appropriate authority is not the Secretary of State, those sections so apply as if references to the Secretary of State were to that authority). (6) In this section and section 115D— “appropriate authority” means— the Secretary of State, or an authority which administers housing benefit or council tax benefit; “overpayment” has the meaning given in section 115A(8), and the reference to the making of an overpayment is to be construed in accordance with that provision; “relevant social security benefit” has the meaning given in section 121DA(7).

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115D Failure to disclose information

(1) A penalty of a prescribed amount may be imposed on a person by the appropriate authority where— (a) the person, without reasonable excuse, fails to provide information or evidence in accordance with requirements imposed on the person by the appropriate authority in connection with a claim for, or an award of, a relevant social security benefit, (b) the failure results in the making of an overpayment, and (c) the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment. (2) A penalty of a prescribed amount may be imposed on a person by the appropriate authority where— (a) the person, without reasonable excuse, fails to notify the appropriate authority of a relevant change of circumstances in accordance with requirements imposed on the person under relevant social security legislation, (b) the failure results in the making of an overpayment, and (c) the person has not been charged with an offence or cautioned, or been given a notice under section 115A, in respect of the overpayment. (3) Where a person is making, or has made, a claim for a benefit for a period jointly with another, and both of them fail as mentioned in subsection (1) or (2), only one penalty may be imposed in respect of the same overpayment. (4) A penalty imposed under subsection (1) or (2) is recoverable by the appropriate authority from the person on whom it is imposed. (5) Sections 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable by the appropriate authority under subsection (4) as to amounts recoverable by the Secretary of State under section 71ZB (and, where the appropriate authority is not the Secretary of State, those sections so apply as if references to the Secretary of State were to that authority). (6) In this section “relevant change of circumstances”, in relation to a person, means a change of circumstances which affects any entitlement of the person to any benefit or other payment or advantage under any provision of the relevant social security legislation.

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116 Legal proceedings

(1) Any person authorised by the Secretary of State in that behalf may conduct any proceedings under any provision of this Act other than section 114 or under any provision of 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 (other than proceedings to which paragraph (b) applies), 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; and (b) proceedings brought by the appropriate authority for an offence under this Act relating to housing benefit or 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. (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; and (b) 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) In subsections (2) and (3) above “the appropriate authority” means, in relation to an offence which relates to housing benefit and concerns any dwelling (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) if it relates to a rent rebate, the authority who are the appropriate housing authority by virtue of section 134 below; and (c) if it relates to rent allowance, the authority who are the appropriate local authority by virtue of that section. (5) In subsection (2) and (3) above “the appropriate authority” means, in relation to an offence relating to council tax benefit, such authority as is prescribed in relation to the offence. (5A) 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. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) In the application of this section to Scotland, the following provisions shall have effect in substitution for subsections (1) to (5A) above— (a) proceedings for an offence under this Act or the Jobseekers Act 1995 may, notwithstanding anything in 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; (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 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.

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116ZA Local authority powers to prosecute housing benefit and council tax benefit fraud

(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.

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116A Local authority powers to prosecute other benefit fraud

(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 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 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 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.

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117 Issues arising in proceedings

(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, 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.

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117A Issues arising in proceedings: contributions, etc

(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.

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118 Evidence of non-payment

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) A statutory declaration by an officer of the Inland Revenue that the searches specified in the declaration ... for a record of the payment of a particular contribution have been made, and that ... a record of the payment of the contribution in question has not been found, is admissible in any proceedings for an offence as evidence of the facts stated in the declaration. (5) Nothing in subsection (4) above makes a statutory declaration admissible as evidence in proceedings for an offence except in a case where, and to the extent to which, oral evidence to the like effect would have been admissible in those proceedings. (6) Nothing in subsections (4) and (5) above makes a statutory declaration admissible as evidence in proceedings for an offence— (a) unless a copy of it has, not less than 7 days before the hearing or trial, been served on the person charged with the offence in any manner in which a summons or, in Scotland, a citation in a summary prosecution may be served; or (b) if that person, not later than 3 days before the hearing or trial or within such further time as the court may in special circumstances allow, gives notice to the prosecutor requiring the attendance at the trial of the person by whom the declaration was made. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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119 Recovery of unpaid contributions on prosecution

(1) Where— (a) a person has been convicted of any offence under section 114(1) above of failing to pay a contribution at or within the time prescribed for the purpose; and (b) the contribution remains unpaid at the date of the conviction, he shall be liable to pay to the Inland Revenue a sum equal to the amount which he failed to pay. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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120 Proof of previous offences

(1) Subject to and in accordance with subsections (2) to (5) below, where a person is convicted of an offence mentioned in section 119(1) ... above, evidence may be given of any previous failure by him to pay contributions within the time prescribed for the purpose; and in those subsections “the conviction” and “the offence” mean respectively the conviction referred to in this subsection and the offence of which the person is convicted. (2) Such evidence may be given only if notice of intention to give it is served with the summons or warrant or, in Scotland, the complaint on which the person appeared before the court which convicted him. (3) If the offence is one of failure to pay a Class 1 contribution, evidence may be given of failure on his part to pay (whether or not in respect of the same person) such contributions or any Class 1A or Class 1B contributions or contributions equivalent premiums on the date of the offence, or during the 6 years preceding that date. (4) If the offence is one of failure to pay Class 1A contribution, evidence may be given of failure on his part to pay (whether or not in respect of the same person or the same amount) such contributions, or any Class 1 or Class 1B contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date. (4A) If the offence is one of failure to pay a Class 1B contribution, evidence may be given of failure on his part to pay such contributions, or any Class 1 or Class 1A contributions or contributions equivalent premiums, on the date of the offence, or during the 6 years preceding that date. (5) If the offence— (a) is one of failure to pay Class 2 contributions; ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . evidence may be given of his failure to pay such contributions during those 6 years. (6) On proof of any matter of which evidence may be given under subsection (3), (4), (4A) or (5) above, the person convicted shall be liable to pay to the Inland Revenue a sum equal to the total of all amounts which he is so proved to have failed to pay and which remain unpaid at the date of the conviction.

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121 Unpaid contributions—supplementary

(1) Where in England and Wales a person charged with an offence mentioned in section 119(1) ... above is convicted of that offence in his absence under section 12(5) of the Magistrates' Courts Act 1980, then if— (a) it is proved to the satisfaction of the court, on oath or in the manner prescribed by Criminal Procedure Rules, that notice under section 120(2) above has been duly served specifying the other contributions in respect of which the prosecutor intends to give evidence; and (b) the designated officer for the court has received a statement in writing purporting to be made by the accused or by a solicitor acting on his behalf to the effect that if the accused is convicted in his absence of the offence charged he desires to admit failing to pay the other contributions so specified or any of them, section 120 above shall have effect as if the evidence had been given and the failure so admitted had been proved, and the court shall proceed accordingly. (2) In England and Wales, where a person is convicted of an offence mentioned in section 119(1) ... above and an order is made under section 79 or 80 of the Sentencing Code discharging him absolutely or conditionally, sections 119 and 120 above, and subsection (1) above, shall apply as if it were a conviction for all purposes. (3) In Scotland, where a person is convicted on indictment of, or is charged before a court of summary jurisdiction with, any such offence, and an order is made under Part I of the Criminal Procedure (Scotland) Act 1975 discharging him absolutely or placing him on probation, sections 119 and 120 above shall apply as if— (a) the conviction on indictment were a conviction for all purposes; or (b) (as the case may be) the making of the order by the court of summary jurisdiction were a conviction. (4) In England and Wales, any sum which a person is liable to pay under section 119 or 120 above or under subsection (1) above shall be recoverable from him as a penalty. (5) Sums recovered by the Inland Revenue under the provisions mentioned in subsection (4) above, so far as representing contributions of any class, are to be treated for all purposes of the Contributions and Benefits Act and this Act (including in particular the application of section 162 below) as contributions of that class received by the Inland Revenue. (6) Without prejudice to subsection (5) above, in so far as such sums represent primary Class 1 or Class 2 contributions, they are to be treated as contributions paid in respect of the person in respect of whom they were originally payable; and enactments relating to earnings factors shall apply accordingly.

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121A Recovery of contributions etc. in England and Wales

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121B Recovery of contributions etc. in Scotland

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121C Liability of directors etc. for company's contributions

(1) This section applies to contributions which a body corporate is liable to pay, where- (a) the body corporate has failed to pay the contributions at or within the time prescribed for the purpose; and (b) the failure appears to the Inland Revenue to be attributable to fraud or neglect on the part of one or more individuals who, at the time of the fraud or neglect, were officers of the body corporate (“culpable officers”). (2) The Inland Revenue may issue and serve on any culpable officer a notice (a “personal liability notice”)- (a) specifying the amount of the contributions to which this section applies (“the specified amount”); (b) requiring the officer to pay to the Inland Revenue— (i) a specified sum in respect of that amount; and (ii) specified interest on that sum; and (c) where that sum is given by paragraph (b) of subsection (3) below, specifying the proportion applied by the Inland Revenue for the purposes of that paragraph. (3) The sum specified in the personal liability notice under subsection (2)(b)(i) above shall be— (a) in a case where there is, in the opinion of the Inland Revenue, no other culpable officer, the whole of the specified amount; and (b) in any other case, such proportion of the specified amount as, in the opinion of the Inland Revenue, the officer's culpability for the failure to pay that amount bears to that of all the culpable officers taken together. (4) In assessing an officer's culpability for the purposes of subsection (3)(b) above, the Inland Revenue may have regard both to the gravity of the officer's fraud or neglect and to the consequences of it. (5) The interest specified in the personal liability notice under subsection (2)(b)(ii) above shall be at the Class 1 rate on the Class 1 element of the specified sum, and otherwise at the prescribed rate, and shall run from the date on which the notice is issued. (6) An officer who is served with a personal liability notice shall be liable to pay to the Inland Revenue the sum and the interest specified in the notice under subsection (2)(b) above. (7) Where, after the issue of one or more personal liability notices, the amount of contributions to which this section applies is reduced by a payment made by the body corporate- (a) the amount that each officer who has been served with such a notice is liable to pay under this section shall be reduced accordingly; (b) the Inland Revenue shall serve on each such officer a notice to that effect; and (c) where the reduced liability of any such officer is less than the amount that he has already paid under this section, the difference shall be repaid to him together with interest on it at the Class 1 rate on the Class 1 element of it and otherwise at the prescribed rate. (8) Any amount paid under a personal liability notice shall be deducted from the liability of the body corporate in respect of the specified amount. (8A) The amount which an officer is liable to pay under this section is to be recovered in the same manner as a Class 1 contribution to which regulations under paragraph 6 of Schedule 1 to the Contributions and Benefits Act apply and for this purpose references in those regulations to Class 1 contributions are to be construed accordingly. (9) In this section— “the Class 1 rate”— in subsection (5) means the rate from time to time applicable under section 103(1) of the Finance Act 2009; and in subsection (7)(c) means the rate from time to time applicable under section 103(2) of that Act; “the Class 1 element”, in relation to any amount, means so much of that amount as is calculated by— multiplying that amount by so much of the specified amount as consists of Class 1 contributions; and dividing the product of that multiplication by the specified amount; “contributions” includes any interest or penalty in respect of contributions (and accordingly, in the definition of “the Class 1 element” given by this subsection, “Class 1 contributions” includes any interest or penalty in respect of Class 1 contributions); “officer”, in relation to a body corporate, means- any director, manager, secretary or other similar officer of the body corporate, or any person purporting to act as such; and in a case where the affairs of the body corporate are managed by its members, any member of the body corporate exercising functions of management with respect to it or purporting to do so; “the prescribed rate” means the rate from time to time prescribed by regulations under section 178 of the Finance Act 1989 for the purposes of the corresponding provision of Schedule 1 to the Contributions and Benefits Act, that is to say- in relation to subsection (5) above, paragraph 6(2)(a); in relation to subsection (7) above, paragraph 6(2)(b).

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121D Appeals in relation to personal liability notices

(1) No appeal shall lie in relation to a personal liability notice except as provided by this section. (2) An individual who is served with a personal liability notice may appeal ... against the Inland Revenue's decision as to the issue and content of the notice on the ground that— (a) the whole or part of the amount specified under subsection (2)(a) of section 121C above (or the amount so specified as reduced under subsection (7) of that section) does not represent contributions to which that section applies; (b) the failure to pay that amount was not attributable to any fraud or neglect on the part of the individual in question; (c) the individual was not an officer of the body corporate at the time of the alleged fraud or neglect; or (d) the opinion formed by the Inland Revenue under subsection (3)(a) or (b) of that section was unreasonable. (3) The Inland Revenue shall give a copy of any notice of an appeal under this section, within 28 days of the giving of the notice, to each other individual who has been served with a personal liability notice. (4) On an appeal under this section, the burden of proof as to any matter raised by a ground of appeal shall be on the Inland Revenue. (5) Where an appeal under this section— (a) is brought on the basis of evidence not considered by the Inland Revenue, or on the ground mentioned in subsection (2)(d) above; and (b) is not allowed on some other basis or ground, and is notified to the tribunal, the tribunal shall either dismiss the appeal or remit the case to the Inland Revenue, with any recommendations the tribunal sees fit to make, for the Inland Revenue to consider whether to vary their decision as to the issue and content of the personal liability notice. (6) In this section— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “officer”, in relation to a body corporate, has the same meaning as in section 121C above; “personal liability notice” has the meaning given by subsection (2) of that section; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “tribunal” means the First-tier Tribunal or, where determined under Tribunal Procedure Rules, the Upper Tribunal; “vary” means vary under regulations made under section 10 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.

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121DA Interpretation of Part VI

(1) In this Part “the relevant social security legislation” means the provisions of any of the following, except so far as relating to contributions, ... statutory sick pay or statutory maternity pay, that is to say— (a) the Contributions and Benefits Act; (b) this Act; (c) the Pensions Act, except Part III; (d) section 4 of the Social Security (Incapacity for Work) Act 1994; (e) the Jobseekers Act 1995; (f) the Social Security (Recovery of Benefits) Act 1997; (g) Parts I and IV of the Social Security Act 1998; (h) Part V of the Welfare Reform and Pensions Act 1999; (hh) the State Pension Credit Act 2002; (hi) Part 1 of the Welfare Reform Act 2007; (hj) Part 1 of the Welfare Reform Act 2012; (hk) Part 4 of that Act; (hl) Part 1 of the Pensions Act 2014; (hm) Part 5 of the Pensions Act 2014; (i) the Social Security Pensions Act 1975; (j) the Social Security Act 1973; (k) any subordinate legislation made, or having effect as if made, under any enactment specified in paragraphs (a) to (j) above. (2) In this Part “authorised officer” means a person acting in accordance with any authorisation for the purposes of this Part which is for the time being in force in relation to him. (3) For the purposes of this Part— (a) references to a document include references to anything in which information is recorded in electronic or any other form; (b) the requirement that a notice given by an authorised officer be in writing shall be taken to be satisfied in any case where the contents of the notice— (i) are transmitted to the recipient of the notice by electronic means; and (ii) are received by him in a form that is legible and capable of being recorded for future reference. (4) In this Part “premises” includes— (a) moveable structures and vehicles, vessels, aircraft and hovercraft; (b) installations that are offshore installations for the purposes of the Mineral Workings (Offshore Installations) Act 1971; and (c) places of all other descriptions whether or not occupied as land or otherwise; and references in this Part to the occupier of any premises shall be construed, in relation to premises that are not occupied as land, as references to any person for the time being present at the place in question. (5) In this Part— “benefit” includes any allowance, payment, credit or loan; “benefit offence” means— any criminal offence in connection with a claim for a relevant social security benefit; any criminal offence in connection with the receipt or payment of any amount by way of such a benefit; any criminal offence committed for the purpose of facilitating the commission (whether or not by the same person) of a benefit offence; any attempt or conspiracy to commit a benefit offence; and “compensation payment” has the same meaning as in the Social Security (Recovery of Benefits) Act 1997. “non-benefit payment” means a prescribed payment which— is not a payment of a relevant social security benefit, and is made by the Secretary of State with responsibility for social security for the purposes of providing financial assistance to a person, whether directly or indirectly. (6) In this Part— (a) any reference to a person authorised to carry out any function relating to housing benefit or council tax benefit shall include a reference to a person providing services relating to the benefit directly or indirectly to an authority administering it; and (b) any reference to the carrying out of a function relating to such a benefit shall include a reference to the provision of any services relating to it. (7) In this section “relevant social security benefit” means a benefit under any provision of the relevant social security legislation; and “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

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121DB Eligibility verification

Schedule 3B makes provision about a power for the Secretary of State to obtain information for the purposes of assisting in identifying incorrect payments of certain benefits.

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121DC Independent review

(1) The Secretary of State must appoint an independent person to carry out reviews of the exercise of the Secretary of State’s functions under Schedule 3B (eligibility verification). (2) After each review, the independent person must as soon as practicable— (a) prepare a report, and (b) submit the report to the Secretary of State. (3) On receiving a report, the Secretary of State must— (a) publish it, and (b) lay a copy before Parliament. (4) The first review must relate to the period of 12 months beginning with the day on which section 78 of the Public Authorities (Fraud, Error and Recovery) Act 2025 comes fully into force. (5) Subsequent reviews must relate to subsequent periods of 12 months. (6) Each review must consider the extent to which— (a) the Secretary of State’s exercise of powers under Schedule 3B has complied with the requirements of the Schedule and any code of practice in force under Part 5 of the Schedule during the period, (b) the actions taken by persons given an eligibility verification notice have complied with the requirements of Schedule 3B, and (c) the exercise of the Secretary of State’s powers under Schedule 3B has been effective in assisting in identifying incorrect payments of relevant benefits during the period covered by the review. (7) Regulations may confer functions on a person for the purposes of securing compliance with subsections (1) to (6).

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121DD Independent review: further provision

(1) The Secretary of State must disclose information to the independent person appointed under section 121DC(1), or to a person acting on behalf of the independent person, where the information is reasonably required for the purposes of reviews being carried out under section 121DC. (2) Subsection (1) does not authorise the disclosure of information that is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (3) A disclosure of information under subsection (1) (as read subject to subsection (2)) does not breach— (a) any obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed).

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121E Supply of contributions etc. information held by Inland Revenue

(1) This section applies to information which is held for the purposes of functions relating to contributions, health in pregnancy grant, statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act— (a) by the Inland Revenue, or (b) by a person providing services to them, in connection with the provision of those services. (2) Information to which this section applies may, and ... must if an authorised officer so requires, be supplied— (a) to the Secretary of State, or (b) to a person providing services to the Secretary of State, for use for the purposes of functions relating to ... war pensions ... (2ZA) Information to which this section applies may, and ... must if an authorised officer so requires, be supplied— (a) to the Northern Ireland Department, or (b) to a person providing services to that Department, for use for the purposes of functions relating to ... child support ... (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section “authorised officer” means an officer of the Secretary of State or the Northern Ireland Department authorised for the purposes of this section by the Secretary of State or the Northern Ireland Department.

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121F Supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State

(1) This section applies to information which is held for the purposes of functions relating to ... war pensions ...— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (1A) This section also applies to information which is held for the purposes of functions relating to ... child support, war pensions ...— (a) by the Northern Ireland Department, or (b) by a person providing services to that Department, in connection with the provision of those services. (2) Information to which this section applies may, and ... must if an officer of the Inland Revenue authorised by the Inland Revenue for the purposes of this section so requires, be supplied— (a) to the Inland Revenue, or (b) to a person providing services to the Inland Revenue, for use for the purposes of functions relating to contributions, health in pregnancy grant, ... statutory sick pay or statutory maternity pay or functions under Part III of the Pensions Act. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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122 Supply of information held by tax authorities for fraud prevention and verification

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122ZA Supply of tax information to assess certain employment or training schemes

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122AA Disclosure of contributions etc. information by Her Majesty’s Revenue and Customs

(1) No obligation as to secrecy imposed by statue or otherwise on Revenue and Customs officials (within the meaning of section 18 of the Commissioners for Revenue and Customs Act 2005 (confidentiality) shall prevent information held for the purposes of the functions of Her Majesty’s Revenue and Customs in relation to contributions, statutory sick pay , statutory maternity pay, statutory paternity pay, statutory adoption pay, statutory shared parental pay , statutory parental bereavement pay or statutory neonatal care pay from being disclosed— (a) to any of the authorities to which this paragraph applies, or any person authorised to exercise any function of that authority, for the purposes of the functions of that authority, or (b) in a case where the disclosure is necessary for the purpose of giving effect to any agreement to which an order under section 179(1) below relates. (2) The authorities to which subsection (1)(a) above applies are— (a) the Health and Safety Executive, (b) the Government Actuary's Department, (c) the Statistics Board and (d) the Pensions Regulator.

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122A Supply of information by Inland Revenue for purposes of contributions

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122B Supply of other government information for fraud prevention and verification

(1) This section applies to information which is held by, or by a person providing services to, a Minister of the Crown or a government department (including a Northern Ireland Department) and which relates to— (a) passports, immigration and emigration, nationality or prisoners; or (b) any other matter which is prescribed. (2) Information to which this section applies may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department— (a) for use in the prevention, detection, investigation or prosecution of offences relating to social security or tax credits; or (b) for use in checking the accuracy of information relating to benefits, ... or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information. (3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless— (a) it could be supplied to that person or body under that subsection (b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act 1995, the Jobseekers Act 1995 , the Tax Credits Act 2002 , Part 1 of the Welfare Reform Act 2007 , Part 1 of the Welfare Reform Act 2012 , Part 4 of that Act , Part 1 of the Pensions Act 2014 , section 30 of that Act or this Act or to any provision of Northern Ireland legislation corresponding to any of them; ... (c) it is supplied under section 122C below or (d) it is supplied under section 127 of the Welfare Reform Act 2012. (4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be— (a) supplied to any person or body to whom that other information could be supplied; or (b) used for any purpose for which that other information could be used. (5) This section does not limit the circumstances in which information may be supplied apart from this section.

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122C Supply of information to authorities administering benefit

(1) This section applies to information relating to social security, child support or war pensions, or employment or training, which is held— (a) by the Secretary of State or the Northern Ireland Department; or (b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services. (2) Information to which this section applies may be supplied to— (a) an authority administering housing benefit or council tax benefit; or (b) a person authorised to exercise any function of such an authority relating to such a benefit, for use in the administration of such a benefit or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above. (3) But where information to which this section applies has been supplied to the Secretary of State, the Northern Ireland Department or the person providing services under section 122 or 122B above, it may only be supplied under subsection (2) above— (a) for use in the prevention, detection, investigation or prosecution of benefit offences (within the meaning of Part 6 above); or (b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information. (4) The Secretary of State or the Northern Ireland Department— (a) may impose conditions on the use of information supplied under subsection (2) above; and (b) may charge a reasonable fee in respect of the cost of supplying information under that subsection. (5) Where information is supplied to an authority or other person under subsection (2) above, the authority or other person shall have regard to it in the exercise of any function relating to housing benefit or council tax benefit. (6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless— (a) it is supplied— (i) by an authority to a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit; or (ii) by a person authorised to exercise any function of an authority relating to such a benefit to the authority; (b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995, Part 1 of the Welfare Reform Act 2007, Part 4 of the Welfare Reform Act 2012 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or (c) it is supplied under section 122D or 122E below. (7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 122(4) or 122B(4) above). (8) In this section and section 122D below “war pension” has the same meaning as in section 25 of the Social Security Act 1989.

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122D Supply of information by authorities administering benefit

(1) The Secretary of State or the Northern Ireland Department may require— (a) an authority administering housing benefit or council tax benefit; or (b) a person authorised to exercise any function of such an authority relating to such a benefit, to supply relevant benefit information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for any purpose relating to social security, child support or war pensions, employment or training, private pensions policy or retirement planning. (2) The Secretary of State or the Northern Ireland Department may require— (a) an authority administering housing benefit or council tax benefit; or (b) a person authorised to exercise any function of such an authority relating to such a benefit, to supply benefit policy information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department. (2A) Information supplied under subsection (2), in addition to any other purpose for which the information may be used, may be used for any purpose relating to private pensions policy or retirement planning. (3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department. (4) In subsection (1) “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the authority or other person. (5) In subsection (2) above “benefit policy information” means any information which may be relevant to the Secretary of State or the Northern Ireland Department— (a) in preparing estimates of likely future expenditure on any relevant social security benefit; or (b) in developing policy relating to any relevant social security benefit. (6) In this section— “private pensions policy” means policy relating to occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993); “relevant social security benefit” has the same meaning as in section 121DA above; “retirement planning” means promoting financial planning for retirement.

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122E Supply of information between authorities administering benefit

(1) This section applies to relevant benefit information which is held by— (a) an authority administering housing benefit or council tax benefit; or (b) a person authorised to exercise any function of such an authority relating to such a benefit. (2) Information to which this section applies may be supplied to another such authority or person— (a) for use in the prevention, detection, investigation or prosecution of benefit offences (within the meaning of Part 6 above); or (b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information. (3) The Secretary of State or the Northern Ireland Department may require information to which this section applies and which is of a prescribed description to be supplied in prescribed circumstances to another such authority or person for use in the administration of housing benefit or council tax benefit. (4) Information shall be supplied under subsection (3) above in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department. (5) Where information supplied under subsection (2) or (3) above has been used in amending or supplementing other information, it is lawful for it to be— (a) supplied to any person or body to whom that other information could be supplied; or (b) used for any purpose for which that other information could be used. (6) In this section “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit (within the meaning of section 121DA above) by the authority or other person. (7) This section does not limit the circumstances in which information may be supplied apart from this section.

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122F Supply by rent officers of benefit information

(1) The Secretary of State may require a rent officer to supply benefit information held by the rent officer to, or to a person providing services to, the Secretary of State for use for purposes relating to any of the following— (a) social security; (b) child support; (c) war pensions; (d) employment or training; (e) private pensions policy or retirement planning. (2) Information must be supplied under subsection (1) in such manner and form, and in accordance with such requirements, as may be specified in directions given by the Secretary of State. (3) A person who receives information by virtue of subsection (1) must not disclose the information to any person unless the disclosure is made— (a) for a purpose mentioned in that subsection (including disclosure to another rent officer in connection with any function he has under section 122 of the Housing Act 1996 relating to universal credit housing benefit), (b) in accordance with any other enactment, or (c) in accordance with the order of a court. (4) Benefit information is any information which relates to the exercise by the rent officer of any function he has under section 122 of the Housing Act 1996 relating to universal credit housing benefit.

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123 Unauthorised disclosure of information relating to particular persons

(1) A person who is or has been employed in social security administration or adjudication is guilty of an offence if he discloses without lawful authority any information which he acquired in the course of his employment and which relates to a particular person. (2) A person who is or has been employed in the audit of expenditure or the investigation of complaints is guilty of an offence if he discloses without lawful authority any information— (a) which he acquired in the course of his employment; (b) which is, or is derived from, information acquired or held by or for the purposes of any of the government departments or other bodies or persons referred to in Part I of Schedule 4 to this Act or Part I of Schedule 4 to the Northern Ireland Administration Act; and (c) which relates to a particular person. (3) It is not an offence under this section— (a) to disclose information in the form of a summary or collection of information so framed as not to enable information relating to any particular person to be ascertained from it; or (b) to disclose information which has previously been disclosed to the public with lawful authority. (4) It is a defence for a person charged with an offence under this section to prove that at the time of the alleged offence— (a) he believed that he was making the disclosure in question with lawful authority and had no reasonable cause to believe otherwise; or (b) he believed that the information in question had previously been disclosed to the public with lawful authority and had no reasonable cause to believe otherwise. (5) A person guilty of an offence under this section shall be liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine or both; or (b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum or both. (6) For the purposes of this section the persons who are “employed in social security administration or adjudication” are— (a) any person specified in Part I of Schedule 4 to this Act or in any corresponding enactment having effect in Northern Ireland; (b) any other person who carries out the administrative work of any of the government departments or other bodies or persons referred to in that Part of that Schedule or that corresponding enactment; and (c) any person who provides, or is employed in the provision of, services to any of those departments, persons or bodies; and “employment”, in relation to any such person, shall be construed accordingly. (6A) Subsection (6) above shall have effect as if any health care professional who, for the purposes of section 19 of the Social Security Act 1998, is provided by any person in pursuance of a contract entered into with the Secretary of State were specified in Part I of Schedule 4 to this Act. (7) For the purposes of subsections (2) and (6) above, any reference in Part I of Schedule 4 to this Act or any corresponding enactment having effect in Northern Ireland to a government department shall be construed in accordance with Part II of that Schedule or any corresponding enactment having effect in Northern Ireland, and for this purpose “government department” shall be taken to include— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (aa) the Scottish Administration; (b) the Scottish Courts Administration. (8) For the purposes of this section, the persons who are “employed in the audit of expenditure or the investigation of complaints” are— (a) the Comptroller and Auditor General; (aa) any member or employee of the National Audit Office; (ab) any other person who carries out the administrative work of the National Audit Office, or who provides, or is employed in the provision of, services to that Office; (b) the Comptroller and Auditor General for Northern Ireland; (ba) the Auditor General for Wales and any member of his staff; (bb) any member of the staff of the Wales Audit Office, and any person providing services to that Office; (c) the Parliamentary Commissioner for Administration; (d) the Northern Ireland Parliamentary Commissioner for Administration; (e) the Health Service Commissioner for England; (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) the Scottish Public Services Ombudsman; (h) the Northern Ireland Commissioner for Complaints; (ha) a member of the Local Commission for England; (hb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (hc) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (hd) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (he) the Public Services Ombudsman for Wales and any member of his staff; (i) any member of the staff of ... the Northern Ireland Audit Office; (j) any other person who carries out the administrative work of the Northern Ireland Audit Office, or who provides, or is employed in the provision of, services to that Office; ... (jza) the following persons— (i) any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983, or (ii) any other person who carried out the administrative work of that Office, or who provided, or who was employed in the provision of, services to that Office; (jzb) a local auditor within the meaning of the Local Audit and Accountability Act 2014; (ja) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (jb) a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the Local Government (Scotland) Act 1973; (jc) a Northern Ireland local government auditor; and (k) any officer of any of the Commissioners, Ombudsman or Commissions referred to in paragraphs (c) to (ha), (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above; and “employment”, in relation to any such person, shall be construed accordingly. (9) For the purposes of this section a disclosure is to be regarded as made with lawful authority, if, and only if, it is made— (a) in accordance with his official duty— (i) by a civil servant; or (ii) by a person employed in the audit of expenditure or the investing-action of complaints, who does not fall within subsection (8)(j) above; (b) by any other person either— (i) for the purposes of the function in the exercise of which he holds the information and without contravening any restriction duly imposed by the person responsible; or (ii) to, or in accordance with an authorisation duly given by, the person responsible; (c) in accordance with any enactment or order or a court; (d) for the purpose of instituting, or otherwise for the purposes of, any proceedings before a court or before any tribunal or other body or person referred to in Part I of Schedule 4 to this Act or Part I of Schedule 4 to the Northern Ireland Administration Act; or (e) with the consent of the appropriate person; and in this subsection “the person responsible” means the Secretary of State, the Lord Chancellor or any person authorised by the Secretary of State or the Lord Chancellor for the purposes of this subsection and includes a reference to “the person responsible” within the meaning of any corresponding enactment having effect in Northern Ireland. (10) For the purposes of subsection (9)(e) above, “the appropriate person” means the person to whom the information in question relates, except that if the affairs of that person are being dealt with— (a) under a power of attorney; (b) by ... a controller appointed under Article 101 of the Mental Health (Northern Ireland) Order 1986; (c) by a Scottish mental health custodian, that is to say a guardian or other person entitled to act on behalf of the person under the Adults with Incapacity (Scotland) Act 2000 (asp 4); (d) by a mental health appointee, that is to say— (i) a person directed or authorised as mentioned in ... sub-paragraph (a) of rule 38(1) of Order 109 of the Rules of the Supreme Court (Northern Ireland) 1980; or (ii) ... a controller ad interim appointed under sub-paragraph (b) of the said rule 38(1), the appropriate person is the attorney, ... controller, custodian or appointee, as the case may be, or, in a case falling within paragraph (a) above, the person to whom the information relates. (11) Where the person to whom the information relates lacks capacity (within the meaning of the Mental Capacity Act 2005) to consent to its disclosure, the appropriate person is— (a) a donee of an enduring power of attorney or lasting power of attorney (within the meaning of that Act), or (b) a deputy appointed for him, or any other person authorised, by the Court of Protection, with power in that respect.

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124 Provisions relating to age, death and marriage

(1) Regulations made by the Registrar General under section 20 of the Registration Service Act 1953 or section 54 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965 may provide for the furnishing by superintendent registrars and registrars, subject to the payment of such fee as may be prescribed by the regulations, of such information for the purposes— (a) of the provisions of the Contributions and Benefits Act to which this section applies; (aa) of the provisions of Parts I and II of the Jobseekers Act 1995; (ab) of the provisions of the State Pension Credit Act 2002; (ac) of the provisions of Part 1 of the Welfare Reform Act 2007; ... (ad) of the provisions of Part 1 of the Welfare Reform Act 2012; (ae) of the provisions of Part 4 of that Act; (af) of the provisions of Part 1 of the Pensions Act 2014; and (ag) of section 30 of the Pensions Act 2014; and (b) of the provisions of this Act so far as they have effect in relation to matters arising under those provisions, including copies of extracts from the registers in their custody (or in the case of marriages converted from civil partnerships, copies or extracts from the register of conversions), as may be so prescribed. (2) This section applies to the following provisions of the Contributions and Benefits Act— (a) Parts I to VI except section 108; (b) Part VII, so far as it relates to income support ... ; (c) Part VIII, so far as it relates to any social fund payment such as is mentioned in section 138(1)(a) or (2); (d) Part IX; (e) Part XI; and (f) Part XII. (3) Where the age, marriage or death of a person is required to be ascertained or proved for the purposes mentioned in subsection (1) above, any person— (a) on presenting to the custodian of the register under the enactments relating to the registration of births, marriages and deaths in which particulars of the birth, marriage or death (as the case may be) of the first-mentioned person are entered, a duly completed requisition in writing in that behalf; and (b) on payment of the appropriate fee in England and Wales and a fee of £10.00 in Scotland, shall be entitled to obtain a copy, certified under the hand of the custodian, of the entry of those particulars. (3A) Where it is required to be ascertained or proved for the purposes mentioned in subsection (1) above, that a civil partnership has been converted into a marriage, any person— (a) on presenting to the superintendent registrar in whose district the conversion took place, a duly completed requisition in writing in that behalf; and (b) on payment of the appropriate fee; is entitled to obtain a copy, certified under the hand of the superintendent registrar, of the entry relating to that marriage in the register of conversions. (4) Requisitions for the purposes of subsections (3) and (3A) above shall be in such form and contain such particulars as may from time to time be specified by the Registrar General, and suitable forms of requisition shall, on request, be supplied without charge by superintendent registrars and registrars. (5) In the section— (a) as it applies to England and Wales— “the appropriate fee” means the fee payable to the registrar or superintendent registrar for a certified copy of an entry in the register concerned by virtue of section 38A of the Births and Deaths Registration Act 1953, section 71A of the Marriage Act 1949 or section 9 of the Marriage (Same Sex Couples) Act 2013. “register of conversions” means the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section; “Registrar General” means the Registrar General for England and Wales; and “superintendent registrar” and “registrar” mean a superintendent registrar or, as the case may be, registrar for the purposes of the enactments relating to the registration of births, deaths and marriages; and (b) as it applies to Scotland— “Registrar General” means the Registrar General of Births, Deaths and Marriages for Scotland; “registrar” means a district registrar, senior registrar or assistant registrar for the purposes of the enactments relating to the registration of births, deaths and marriages.

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124A Provisions relating to civil partnership: England and Wales

(1) Regulations made by the Registrar General under section 36 of the Civil Partnership Act 2004 may provide for the furnishing by registration authorities, subject to the payment of the prescribed fee, of such information for the purposes mentioned in section 124(1) above as may be so prescribed. (2) Where the civil partnership of a person is required to be ascertained or proved for those purposes, any person— (a) on presenting to the registration authority for the area in which the civil partnership was formed a request in the prescribed manner in that behalf, and (b) on payment of the prescribed fee, shall be entitled to obtain a certified copy of such entries in the register as are prescribed by regulations made under section 36 of the 2004 Act. (3) “The prescribed fee” means any fee prescribed under section 34(1) of the 2004 Act. (4) “The prescribed manner” means— (a) in accordance with any regulations made under section 36 of the 2004 Act, and (b) in such form as is approved by the Registrar General for England and Wales, and forms for making a request under subsection (2) shall, on request, be supplied without charge by registration authorities.

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124B Provisions relating to civil partnership: Scotland

(1) Where the civil partnership of a person is required to be ascertained or proved for the purposes mentioned in section 124(1) above, any person, on presenting to a district registrar a request in the approved manner in that behalf, and on payment of the sum of £10.00, shall be entitled to obtain a copy, certified by the registrar, of the entry in the civil partnership register of the particulars of the civil partnership. (2) “The approved manner” means in such form and containing such particulars as may be approved by the Registrar General for Scotland. (3) Forms for making a request under subsection (1) shall, on request, be supplied without charge by district registrars. (4) “Civil partnership register” has the same meaning as in Part 3 of the Civil Partnership Act 2004.

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