(1) The Secretary of State shall allocate amounts for payments from the social fund such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act (in this section referred to as “section 138(1)(b) payments”) in a financial year.
(2) The Secretary of State may specify the amounts either as sums of money or by reference to money falling into the social fund on the repayment or partial repayment of loans, or partly in the former and partly in the latter manner.
(3) Allocations—
(a) may be for all section 138(1)(b) payments or for any description of such payments;
(b) may be of different amounts for payments of different descriptions;
(c) may be made at such time or times as the Secretary of State considers appropriate; and
(d) may be in addition to any other allocation ...
(3A) Without prejudice to the generality of subsection (3)(a), descriptions of section 138(1)(b) payments may, in particular, be framed by reference to—
(a) the purposes for which payments are made;
(b) the persons by whom payments are made (including where such persons are located);
(c) the persons to whom payments are made (including where such persons are located).
(4) The Secretary of State may at any time re-allocate amounts previously allocated, and subsections (2) and (3) above shall have effect in relation to a re-allocation as they have effect in relation to an allocation.
(5) The Secretary of State may give general directions to appropriate officers or groups of appropriate officers, or to any class of appropriate officers, with respect to the control and management by appropriate officers or groups of appropriate officers of any amounts allocated to them under this section.
(6) In this section “appropriate officer” means an officer of the Secretary of State who, acting under his authority, is exercising functions of the Secretary of State in relation to section 138(1)(b) payments.
169 Adjustments between social fund and other sources of finance
(1) There shall be made—
(a) out of the social fund into the Consolidated Fund or the National Insurance fund;
(b) into the social fund out of money provided by Parliament or the National Insurance Fund,
such payments by way of adjustments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of any enactment or regulations relating to the repayment or offsetting of a benefit or other payment under the Contributions and Benefits Act or section 20 of the State Pension Credit Act 2002.
(2) Where in any other circumstances payments fall to be made by way of adjustment—
(a) out of the social fund into the Consolidated Fund or the National Insurance Fund; or
(b) into the social fund out of money provided by Parliament or the National Insurance Fund,
then, in such cases or classes of case as may be specified by the Secretary of State by order, the amount of the payments to be made shall be taken to be such, and payments on account of it shall be made at such times and in such manner, as may be determined by the Secretary of State in accordance with any direction given by the Treasury.
(1) The Social Security Advisory Committee (in this Act referred to as “the Committee”) constituted under section 9 of the Social Security Act 1980 shall continue in being by that name—
(a) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Secretary of State in connection with the discharge of his functions under the relevant enactments;
(b) to give (whether in pursuance of a reference under this Act or otherwise) advice and assistance to the Northern Ireland Department in connection with the discharge of its functions under the relevant Northern Ireland enactments; and
(c) to perform such other duties as may be assigned to the Committee under any enactment.
(2) Schedule 5 to this Act shall have effect with respect to the constitution of the Committee and the other matters there mentioned.
(3) The Secretary of State may from time to time refer to the Committee for consideration and advice such questions relating to the operation of any of the relevant enactments as he thinks fit (including questions as to the advisability of amending any of them).
(4) The Secretary of State shall furnish the Committee with such information as the Committee may reasonably require for the proper discharge of its functions.
(5) In this Act—
“the relevant enactments” means—
the provisions of the Contributions and Benefits Act , this Act and the Social Security (Incapacity for Work) Act 1994, except as they apply to industrial injuries benefit and Old Cases payments;
the provision of the Jobseekers Act 1995;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the provisions of the Social Security (Recovery of Benefits) Act 1997; and
the provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;
sections ... , 72 and 79 of the Welfare Reform and Pensions Act 1999;
section 42 ... and sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000;
sections 6A to 11 of the Social Security Fraud Act 2001;
the provisions of the State Pension Credit Act 2002;
section 7 of the Age-Related Payments Act 2004;
the provisions of Part 1 of the Welfare Reform Act 2007;
sections 32 and 33 of the Welfare Reform Act 2007;
the provisions of Part 1 of the Welfare Reform Act 2012;
Part 4 of that Act;
sections 96 to 97 of that Act; and
the provisions of Part 1 of the Pensions Act 2014;
section 30 of the Pensions Act 2014;
sections 18, 19 and 21 of the Welfare Reform and Work Act 2016;
the provisions of Part II of Schedule 3 to the Consequential Provisions Act, except as they apply to industrial injuries benefit; and
“the relevant Northern Ireland enactments” means—
the provisions of the Northern Ireland Contributions and Benefits Act and the Northern Ireland Administration Act, except as they apply to Northern Ireland industrial injuries benefit and payments under Part I of Schedule 8 to the Northern Ireland Contributions and Benefits Act; and
any provisions in Northern Ireland which correspond to provisions of the Jobseekers Act 1995; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
any provisions in Northern Ireland which correspond to provisions of the Social Security (Recovery of Benefits) Act 1997; and
any provision in Northern Ireland which correspond to provisions of Chapter II of Part I of the Social Security Act 1998 and section 72 of that Act;
any provisions in Northern Ireland which correspond to sections ..., 72 and 79 of the Welfare reform and Pensions Act 1999;
any provisions in Northern Ireland which correspond to section 42, any of sections 69 and 70 of the Child Support, Pensions and Social Security Act 2000; and
any provisions in Northern Ireland which correspond to sections 6A to 11 of the Social Security Fraud Act 2001; and
any provisions in Northern Ireland which correspond to provisions of the State Pension Credit Act 2002; and
Article 9 of the Age-Related Payments (Northern Ireland) Order 2004;
any provisions in Northern Ireland which correspond to provisions of Part 1 of the Welfare Reform Act 2007;
any provisions in Northern Ireland which correspond to sections 32 and 33 of the Welfare Reform Act 2007;
any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Welfare Reform Act 2012;
any provisions in Northern Ireland which correspond to Part 4 of that Act;
any provisions in Northern Ireland which correspond to sections 96 to 97 of that Act;
any provisions in Northern Ireland which correspond to the provisions of Part 1 of the Pensions Act 2014;
any provisions in Northern Ireland which correspond to section 30 of the Pensions Act 2014;
any provisions in Northern Ireland which correspond to sections 18, 19 and 21 of the Welfare Reform and Work Act 2016;
the provisions of Part II of Schedule 3 to the Social Security (Consequential Provisions) (Northern Ireland) Act 1992, except as they apply to Northern Ireland industrial injuries benefit; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
and in this definition—
“Northern Ireland Contributions and Benefits Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;
“Northern Ireland industrial injuries benefit” means benefit under Part V of the Northern Ireland Contributions and Benefits Act other than under Schedule 8 to that Act.
(1) The Industrial Injuries Advisory Council (in this Act referred to as “the Council”) constituted under section 62 of the National Insurance (Industrial Injuries) Act 1965 shall continue in being by that name.
(2) Schedule 6 to this Act shall have effect with respect to the constitution of the Council and the other matters there mentioned.
(3) The Secretary of State may from time to time refer to the Council for consideration and advice such questions as he thinks fit relating to industrial injuries benefit or its administration.
(4) The Council may also give advice to the Secretary of State on any other matter relating to such benefit or its administration.
172 Functions of Committee and Council in relation to regulations
(1) Subject—
(a) to subsection (3) below; and
(b) to section 173 below,
where the Secretary of State proposes to make regulations under any of the relevant enactments he shall refer the proposals, in the form of draft regulations or otherwise to the Committee.
(2) Subject—
(a) to subsection (4) below; and
(b) to section 173 below,
where the Secretary of State proposes to make regulations relating only to industrial injuries benefit or its administration, he shall refer the proposals, in the form of draft regulations or otherwise, to the Council for consideration and advice.
(3) Subsection (1) above does not apply to the regulations specified in Part I of Schedule 7 to this Act.
(4) Subsection (2) above does not apply to the regulations specified in Part II of that Schedule.
(5) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, the reference in subsection (1) above to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
(1) Nothing in any enactment shall require any proposals in respect of regulations to be referred to the Committee or the Council if—
(a) it appears to the Secretary of State that by reason of the urgency of the matter it is inexpedient so to refer them; or
(b) the relevant advisory body have agreed that they shall not be referred.
(2) Where by virtue only of subsection (1)(a) above the Secretary of State makes regulations without proposals in respect of them having been referred, then, unless the relevant advisory body agrees that this subsection shall not apply, he shall refer the regulations to that body as soon as practicable after making them.
(3) Where the Secretary of State has referred proposals to the Committee or the Council, he may make the proposed regulations before the Committee have made their report or, as the case may be the Council have given their advice, only if after the reference it appears to him that by reason of the urgency of the matter it is expedient to do so.
(4) Where by virtue of this section regulations are made before a report of the Committee has been made, the Committee shall consider them and make a report to the Secretary of State containing such recommendations with regard to the regulations as the Committee thinks appropriate; and a copy of any report made to the Secretary of State on the regulations shall be laid by him before each House of Parliament together, if the report contains recommendations, with a statement—
(a) of the extent (if any) to which the Secretary of State proposes to give effect to the recommendations; and
(b) in so far as he does not propose to give effect to them, of his reasons why not.
(5) Except to the extent that this subsection is excluded by an enactment passed after 25th July 1986, nothing in any enactment shall require the reference to the Committee or the Council of any regulations contained in either—
(a) a statutory instrument made before the end of the period of 6 months beginning with the coming into force of the enactment under which those regulations are made; or
(b) a statutory instrument—
(i) which states that it contains only regulations made by virtue of, or consequential upon, a specified enactment; and
(ii) which is made before the end of the period of 6 months feginning with the coming into force of that specified enactment.
(6) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury, any reference made in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
(7) In this section “regulations” means regulations under any enactment, whenever passed.
174 Committee's report on regulations and Secretary of State's duties
(1) The Committee shall consider any proposals referred to it by the Secretary of State under section 172 above and shall make to the Secretary of State a report containing such recommendations with regard to the subject-matter of the proposals as the Committee thinks appropriate.
(2) If after receiving a report of the Committee the Secretary of State lays before Parliament any regulations or draft regulations which comprise the whold or any part of the subject-matter of the proposals referred to the Committee, he shall lay with the regulations or draft regulations a copy of the Committee's report and a statement showing—
(a) the extent (if any) to which he has, in framing the regulations, given effect to the Committee's recommendations; and
(b) in so far as effect has not been given to them, his reasons why not.
(3) In the case of any regulations laid before Parliament at a time when Parliament is not sitting, the requirements of subsection (2) above shall be satisfied as respects either House of Parliament if a copy of the report and statement there referred to are laid before that House not later than the second day on which the House sits after the laying of the regulations.
(4) In relation to regulations required or authorised to be made by the Secretary of State in conjunction with the Treasury any reference in this section to the Secretary of State shall be construed as a reference to the Secretary of State and the Treasury.
176 Consultation with representative organisations
(1) Subject to subsection (2) below, before making—
(a) regulations relating to housing benefit or council tax benefit (other than regulations of which the effect is to increase any amount specified in regulations previously made);
(aa) regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;
(b) an order under any provision of Part VIII above,
the Secretary of State shall consult with organisations appearing to him to be representative of the authorities concerned.
(2) Nothing in subsection (1) above shall require the Secretary of State to undertake consultations if—
(a) it appears to him that by reason of the urgency of the matter it is inexpedient to do so; or
(b) the organisations have agreed that consultations should not be undertaken.
(3) Where the Secretary of State has undertaken such consultations, he may make any regulations or order to which the consultations relate without completing the consultations if it appears to him that by reason of the urgency of the matter it is expedient to do so.
179 Reciprocal agreements with countries outside the United Kingdom
(1) For the purpose of giving effect—
(a) to any agreement with the government of a country outside the United Kingdom or an international organisation providing for reciprocity in matters relating to payments for purposes similar or comparable to the purposes of legislation to which this section applies, or
(b) to any such agreement as it would be if it were altered in accordance with proposals to alter it which, in consequence of any change in the law of Great Britain, the government of the United Kingdom has made to the other government or international organisation in question,
Her Majesty may by Order in Council make provision for modifying or adapting such legislation in its application to cases affected by the agreement or proposed alterations.
(2) An Order made by virtue of subsection (1) above may, instead of or in addition to making specific modifications or adaptations, provide generally that legislation to which this section applies shall be modified to such extent as may be required to give effect to the provisions contained in the agreement or, as the case may be, alterations in question.
(3) The modifications which may be made by virtue of subsection (1) above include provisions—
(a) for securing that acts, omissions and events having any effect for the purposes of the law in force in the country in respect of which the agreement is made or has effect have a corresponding effect for the purposes of this Act , the Jobseekers Act 1995 , Chapter II of Part I of the Social Security Act 1998 , Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 , Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 , the State Pension Credit 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 , Part 5 of that Act and the Contributions and Benefits Act (but not so as to confer a right to double benefit);
(b) for determining, in cases where rights accrue both under such legislation and under the law in force in that country, which of those rights is to be available to the person concerned;
(c) for making any necessary financial adjustments.
(4) This section applies—
(a) to the Contributions and Benefits Act;
(aa) to the Jobseekers Act 1995; and
(ab) to Chapter II of Part I of the Social Security Act 1998;
(ac) to Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999; and
(ad) to Part III of the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999; and
(ae) to the State Pension Credit Act 2002; and
(af) to Part 1 of the Welfare Reform Act 2007;
(ag) to Part 1 of the Welfare Reform Act 2012; and
(ah) to Part 4 of that Act; and
(ai) to Part 1 of the Pensions Act 2014;
(aj) to Part 5 of the Pensions Act 2014;
(ak) to Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
(al) to Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
(am) to Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
(an) to Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018;
(ao) to Council Regulation (EC) No 859/2003 of 14 May 2003 extending the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the ground of their nationality, as it forms part of domestic law by virtue of section 3 of the European Union (Withdrawal) Act 2018.
(b) to this Act, except in relation to the following benefits—
(i) community charge benefits;
(ii) payments out of the social fund;
(iii) Christmas bonus;
(iv) statutory sick pay; and
(v) statutory maternity pay.
(5) The power conferred by subsection (1) above shall also be exercisable in relation to regulations made under the Contributions and Benefits Act, this Act or Part 1 of the Welfare Reform Act 2007 or Part 1 of the Pensions Act 2014 or section 30 of that Act and concerning—
(za) universal credit;
(a) income support;
(aa) jobseeker's allowance;
(ab) state pension credit;
(ac) employment and support allowance;
(ad) state pension under Part 1 of the Pensions Act 2014;
(ae) bereavement support payment;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) housing benefit; or
(e) child benefit.
(6) In this section, “international organisation” means an organisation of which—
(a) two or more sovereign powers are members, or
(b) the governments of two or more sovereign powers are members.
179A Exchange of information with overseas authorities
(1) This section applies where it appears to the Secretary of State-
(a) that there are arrangements in force for the exchange of relevant information between him and any authorities in a country outside the United Kingdom ('the overseas country'); and
(b) that the arrangements and the law in force fin the overseas country are such as to ensure that there are adequate safeguards in place against any improper use of information disclosed by the Secretary of State under this section
(2) For the purpose of facilitating the carrying out by authorities in the overseas country of any function relating to anything corresponding to, or in the nature of, a social security benefit, the Secretary of State may make any such disclosure of relevant information to authorities in the overseas country as he considers necessary to give effect to the arrangements.
(3) It shall be the duty of the Secretary of State to take all such steps as may be reasonable for securing that relevant information disclosed to him in accordance with the arrangements is not used for any purpose for which its use is not expressly or impliedly authorised by or under the arrangements.
(4) This section does not apply where provision is in force under section 179 above for giving effect to the arrangements in question.
(5) The purposes for which information may be required to be disclosed to the Secretary of State under section 122D above or section 116D of the Northern Ireland Administration Act (information required from authorities administering housing benefit or council tax benefit) shall be deemed to include the further disclosure of that information in accordance with this section.
(6) In this section “relevant information” means any information held by the Secretary of State or any authorities in a country outside the United Kingdom for the purposes of any functions relating to, or to anything corresponding to or in the nature of, a social security benefit.
180 Payment of travelling expenses by the Secretary of State
The Secretary of State may pay such travelling expenses as, with the consent of the Treasury, he may determine—
(a) to persons required by him to attend any interview in connection with the operation of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act;
(b) to persons attending local offices in connection with the operation—
(i) of the Contributions and Benefits Act, the Jobseekers Act 1995, the Social Security (Recovery of Benefits) Act 1997, Chapter II of Part I of the Social Security Act 1998,, the State Pension Credit Act 2002, Part 1 of the Welfare Reform Act 2007, Part 1 of the Welfare Reform Act 2012, Part 4 of that Act or this Act; or
(ii) of any prescribed enactment.
180A Payments of travelling expenses by the Commissioners of Inland Revenue
The Inland Revenue may pay such travelling expenses as they may determine—
(a) to persons required by them to attend any interview in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
(b) to persons attending local offices in connection with the operation of the Contributions and Benefits Act, this Act, or Part II of the Social Security Contributions (Transfer of Functions, etc.) Act 1999.
If any person, with intent to deceive, falsely represents himself to be a person authorised by the Secretary of State for Work and Pensions to act in any capacity (whether under this Act or otherwise) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) If any person—
(a) as a pledge or a security for a debt; or
(b) with a view to obtaining payment from the person entitled to it of a debt due either to himself or to any other person,
receives, detains or has in his possession any document issued by or on behalf of the Secretary of State for Work and Pensions in connection with any benefit, pension or allowance (whether payable under the Contributions and Benefits Act or otherwise) he shall be guilty of an offence.
(2) If any such person has such a document in his possession without lawful authority or excuse (the proof whereof shall lie on him) he shall be guilty of an offence.
(3) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding level 4 on the standard scale or to both.
(1) A social security authority may require a postal operator (within the meaning of Part 3 of the Postal Services Act 2011).
to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.
(2) A social security authority shall make payments of such amount as the Secretary of State considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.
(3) In subsections (1) and (2) above “social security authority” means—
(a) the Secretary of State;
(b) the Northern Ireland Department; or
(c) any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).
(4) In subsections (1) and (2) above “social security post” means postal packets—
(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and
(b) which are marked, in a manner approved by the postal operator concerned, with the name and address of the sender and with an indication that they are to be returned rather than redirected.
(5) In this section—
(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and
(b) “postal packet” has the same meaning as in Part 3 of the Postal Services Act 2011.
(6) Any requirement imposed under subsection (1) above has effect subject to any order under—
(a) section 371 of the Insolvency Act 1986 or Article 342 of the Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt's letters to trustee in bankruptcy);
(b) paragraph 10 of Schedule 1 of the Solicitors Act 1974 or paragraph 15 of Schedule 1 to the Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or
(c) paragraph 10 of Schedule 5 to the Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).
182B Requirement to supply information about redirection of post
(1) The Secretary of State or the Northern Ireland Department may require a postal operator to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Secretary of State or the Department—
(a) for the use in the prevention, detection, investigation or prosecution of offences relating to social security; or
(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.
(2) A local or other authority administering housing benefit or council tax benefit (including Northern Ireland Housing Executive) may require a postal operator to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—
(a) for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or
(b) for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.
(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 prescribed.
(4) Payments of such amount as the Secretary of State considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.
(5) Information supplied under subsection (1) or (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 either of those subsections; or
(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 2012, Part 4 of that Act or this Act or to any provision of Northern Ireland legislation corresponding to any of them.
(6) But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) 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.
(7) In subsections (1) or (2) above “arrangements for the redirection of postal packets” means arrangements made with the postal operator concerned for the delivery of postal packets to addresses other than those indicated by senders on the packets.
(8) In this section
“postal operator” has the same meaning as in Part 3 of the Postal Services Act 2011;
“postal packets” has the same meaning as in that Part.
182C Requirement to apply for national insurance number
(1) Regulations may make provision requiring a person to apply for a national insurance number to be allocated to him.
(1A) Regulations under subsection (1) above may require the application to be made to the Secretary of State or to the Inland Revenue.
(2) An application required by regulations under subsection (1) above shall be accompanied by information or evidence enabling such a number to be allocated.
(1) The Secretary of State may promote research into the causes and incidence of accidents arising out of and in the course of employment, or injuries and diseases which—
(a) are due to the nature of employment; or
(b) it is contemplated might be prescribed for the purposes of section 108 to 110 of the Contributions and Benefits Act,
either by himself employing persons to conduct such research or by contributing to the expenses of, or otherwise assisting, other persons engaged in such research.
(2) The Secretary of State may pay to persons so employed by him such salaries or remuneration, and such travelling and other allowances, as he may determine with the consent of the Treasury.
As respects pneumoconiosis, regulations may provide—
(a) for requiring persons to be medically examined before, or within a prescribed period after, becoming employed in any occupation in relation to which pneumoconiosis is prescribed, and to be medically examined periodically while so employed, and to furnish information required for the purposes of any such examination;
(b) for suspending from employment in any such occupation, and in such other occupations as may be prescribed, persons found on such an examination—
(i) to be suffering from pneumoconiosis or tuberculosis, or
(ii) to be unsuitable for such employment, having regard to the risk of pneumoconiosis and such other matters affecting their susceptibility to pneumoconiosis as may be prescribed;
(c) for the disqualification for the receipt of personal independence payment, or benefit as defined in section 122 of the Contributions and Benefits Act, in respect of pneumoconiosis of any person who fails without good cause to submit himself to any such examination or to furnish information required by the regulations or who engages in any employment from which he has been suspended as mentioned in paragraph (b) above;
(d) for requiring employers—
(i) to provide facilities for such examinations,
(ii) not to employ in any occupation a person who has been suspended as mentioned in paragraph (b) above from employment in that occupation or who has failed without good cause to submit himself to such an examination,
(iii) to give to such officer as may be prescribed the prescribed notice of the commencement of any prescribed industry or process;
(e) for the recovery on summary conviction of monetary penalties in respect of any contravention of or failure to comply with any such requirement as is mentioned in paragraph (d) above, so, however, that such penalties shall not exceed £5.00 for every day on which the contravention or failure occurs or continues;
(f) for such matters as appear to the Secretary of State to be incidental to or consequential on provisions included in the regulations by virtue of paragraphs (a) to (d) above or section 110(1) of the Contribution and Benefits Act.
(1) Schedule 9 to this Act shall have effect in relation to schemes under paragraphs 2 and 4 of Schedule 8 to the Contributions and Benefits Act.
(2) Regulations may provide for applying in relation to payments under Part II of that Schedule the provisions of this Act relating to the making of claims and the determination of claims and questions in so far as those provisions apply in relation to—
(a) an unemployment supplement;
(b) an increase of a disablement pension in respect of a child or adult dependant; or
(c) an increase of a disablement pension in respect of the need for constant attendance or exceptionally severe disablement,
(as the case may be) subject to any additions or modifications
(1) Subject to the provision of this Act, every assignment of or charge on—
(za) universal credit;
(zb) state pension under Part 1 of the Pensions Act 2014;
(a) benefit as defined in section 122 of the Contributions and Benefits Act;
(aa) a jobseeker's allowance;
(ab) state pension credit;
(ac) an employment and support allowance;
(ad) personal independence payment;
(ae) bereavement support payment under section 30 of the Pensions Act 2014;
(b) any income-related benefit; or
(c) child benefit,
and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.
(2) In the application of subsection (1) above to Scotland—
(a) the reference to assignment of benefit shall be read as a reference to assignation, “assign” being construed accordingly;
(b) the reference to a beneficiary's bankruptcy shall be read as a reference to the sequestration of his estate or the appointment on his estate of a judicial factor under section 41 of the Solicitors (Scotland) Act 1980.
(3) In calculating for the purposes of section 5 of the Debtors Act 1869 or section 4 of the Civil Imprisonment (Scotland) Act 1882 the means of any beneficiary, no account shall be taken of any increase of disablement benefit in respect of a child or of industrial death benefit.
(1) Stamp duty shall not be chargeable on any document to which this subsection applies.
(2) Subsection (1) above applies to any document authorised by virtue—
(a) of Parts I to VI of the Contributions and Benefits Act; or
(b) of any provision of this Act so far as it operates in relation to matters to which those Parts relate,
or otherwise required in order to give effect to those Parts or to any such provision so far as it so operates or in connection with any description of business thereunder.
(3) Stamp duty shall not be chargeable—
(a) upon such documents used in connection with business under paragraphs 2 and 3 of Schedule 8 to the Contributions and Benefits Act and paragraph 1 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 2 of Schedule 8 to the Contributions and Benefits Act; or
(b) upon such documents used in connection with business under paragraphs 4 to 6 of that Schedule and paragraph 2 of Schedule 9 to this Act as may be specified in a scheme made under paragraph 4 of Schedule 8 to the Contributions and Benefits Act.
(1) Subject to ... any provision providing for an order or regulations to be made by the Treasury or the Inland Revenue and to any ... express provision of this Act, regulations and orders under this Act shall be made by the Secretary of State.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Powers under this Act to make regulations or orders are exercisable by statutory instrument (subject to section 24(6B)).
(4) Except in the case of regulations under section ... ... above and in so far as this Act otherwise provides, any power conferred by this Act to make an Order in Council, regulations or an order may be exercised—
(a) either in relation to all cases to which the power extends, or in relation to those cases subject to specified exceptions, or in relation to any specified cases or classes of case;
(b) so as to make, as respects the cases in relation to which it is exercised—
(i) the full provision to which the power extends or any less provision (whether by way of exception or otherwise);
(ii) the same provision for all cases in relation to which the power is exercised, or different provision for different cases or different classes of case or different provision as respects the same case or class of case for different purposes of this Act;
(iii) any such provision either unconditionally or subject to any specified condition;
and where such a power is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes; and powers to make an Order in Council, regulations or an order for the purposes of any one provision of this Act are without prejudice to powers to make regulations or an order for the purposes of any other provision.
(5) Without prejudice to any specific provision in this Act, a power conferred by this Act to make an Order in Council, regulations or an order ... includes power to make thereby such incidental, supplementary, consequential or transitional provision as appears to Her Majesty, or the authority making the regulations or order, as the case may be, to be expedient for the purposes of the Order in Council, regulations or order.
(5A) The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000.
(5B) For the purposes of subsection (5A), references in section 8(4) and (5) and 9(5) of the Electronic Communications Act 2000 to an order under section 8 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.
(6) Without prejudice to any specific provisions in this Act, a power conferred by any provision of this Act, except sections 14, 24 and 130, to make an Order in Council, regulations or an order includes power to provide for a person to exercise a discretion in dealing with any matter.
(7) Any power conferred by this Act to make orders or regulations relating to housing benefit or council tax benefit shall include power to make different provision for different areas or different authorities.
(7A) Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to 2F and 7A above may provide for all or any of the provisions of the regulations to apply in relation to any area or areas specified in the regulations.
(8) An order under section 140B, 140C 150, 150A, 152, 165(4)(a) or 169 above ... shall not be made by the Secretary of State without the consent of the Treasury.
(9) Any powers of the Secretary of State under any provision of this Act, except under sections 80 and 154, to make any regulations or order, where the power is not expressed to be exercisable with the consent of the Treasury, shall if the Treasury so direct be exercisable only in conjunction with them.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) A power under section 179 above to make provision by regulations or Order in Council for modifications or adaptations of the Contributions and Benefits Act or this Act shall be exercisable in relation to any enactment passed after this Act which is directed to be construed as one with them, except in so far as any such enactment relates to a benefit in relation to which the power is not exercisable; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and is without prejudice to the generality of any such direction.
(12) Any reference in this section or section 190 below to an Order in Council, or an order or regulations, under this Act includes a reference to an Order in Council, an order or regulations made under any provision of an enactment passed after this Act and directed to be construed as one with this Act; but this subsection applies only so far as a contrary intention is not expressed in the enactment so passed, and without prejudice to the generality of any such direction.
190 Parliamentary control of orders and regulations
(1) Subject to the provision of this section, a statutory instrument containing (whether alone or with other provisions)—
(zza) an order under section 115A(3B);
(zzb) regulations under section 115C(2) or 115D(1) or (2);
(za) regulations under section 132A(4);
(a) an order under section 141, 143 ... , 145, ... , 150, 150A, 151A, 152, or 162(7) above;
(aza) any order containing provision adding any person to the list of persons falling within section 109B(2A) above;
(aa) the first regulations to be made under section 2A;or
(ab) the first regulations to be made under section 2AA;
(ac) regulations making provision in reliance on paragraph 25(3) of Schedule 3ZA; or
(ad) regulations under paragraph 2(1)(b) or 19(2) of Schedule 3B;
(b) regulations under section ... 122B(1)(b) or 154 above,
shall not be made unless a draft of the instrument has been laid before Parliament and been approved by a resolution of each House of Parliament.
(2) Subsection (1) above does not apply to a statutory instrument by reason only that it contains regulations under section 154 above which are to be made for the purpose of consolidating regulations to be revoked in the instrument.
(3) A statutory instrument—
(a) which contains (whether alone or with other provisions) orders or regulations made under this Act by the Secretary of State , the Treasury or the Inland Revenue; and
(b) which is not subject to any requirement that a draft of the instrument be laid before and approved by a resolution of each House of Parliament,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this Act, unless the context otherwise requires—
“the 1975 Act” means the Social Security Act 1975;
“the 1986 Act” means the “ Social Security Act 1986”;
“benefit” means benefit under the Contributions and Benefits Act and includes universal credit, state pension under Part 1 of the Pensions Act 2014, a jobseeker's allowance state pension credit, an employment and support allowance , personal independence payment and bereavement support payment under section 30 of the Pensions Act 2014;
“billing authority” has the same meaning as in Part I of the Local Government Finance Act 1992;
“Christmas bonus” means a payment under Part X of the Contributions and Benefits Act;
“claim” is to be construed in accordance with “claimant”;
“claimant” (in relation to contributions under Part I and to benefit under Parts II to IV of the Contributions and Benefits Act) means—
a person whose right to be excepted from liability to pay, or to have his liability deferred for, or to be credited with, a contribution, is in question;
a person who has claimed benefit;
and includes, in relation to an award or decision a beneficiary under the award or affected by the decision;
“claimant” (in relation to industrial injuries benefit) means a person who has claimed such a benefit and includes—
an applicant for a declaration under section 29 of the Social Security Act 1998 that an accident was or was not an industrial accident; and
in relation to an award or decision, a beneficiary under the award or affected by the decision;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“the Consequential Provisions Act” means the Social Security (Consequential Provisions) Act 1992;
“contribution” means a contribution under Part I of the Contributions and Benefit Act;
“contribution-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;
“contributions card” has the meaning assigned to it by section 114(6) above;
“the Contributions and Benefits Act” means the Social Security (Contributions and Benefits) Act 1992;
“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
“council tax benefit Scheme” shall be construed in accordance with section 139(1) above;
“direct deduction order” has the meaning given by paragraph 1 of Schedule 3ZA;
“disablement benefit” is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;
“financial year” has the same meaning as in the Local Government Finance Act 1992;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“housing authority” means a local authority or a new town corporation;
“housing benefit scheme” is to be construed in accordance with section 134(1) above;
“immediate DWP disqualification order” has the meaning given by paragraph 2(2) of Schedule 3ZB;
“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;
“income-related benefit” means—
income support;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
housing benefit; and
council tax benefit;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
“industrial injuries benefit” means benefit under Part V of the Contributions and Benefits Act, other than under Schedule 8;
“Inland Revenue” means the Commissioners of Inland Revenue
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“local authority” means—
in relation to England ... , the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;
in relation to Wales, the council of a county or county borough; and
in relation to Scotland a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“lump sum direct deduction order” has the meaning given by paragraph 1(5) of Schedule 3ZA;
“medical examination” includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning; “medical practitioner” means—
a registered medical practitioner; or
a person outside the United Kingdom who is not a registered medical practitioner, but has qualifications corresponding (in the Secretary of State's opinion) to those of a registered medical practitioner;
“medical treatment” means medical, surgical or rehabilitative treatment (including any course of diet or other regimen), and references to a person receiving or submitting himself to medical treatment are to be construed accordingly;
“money purchase contracted-out scheme” is to be construed in accordance with section 7B of the Pensions Act;
“new town corporation” means—
in relation to England—
a development corporation established under the New Towns Act 1981; or
the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008;
the Greater London Authority so far as exercising its new towns and urban development functions;
in relation to Wales—
a development corporation established under the New Towns Act 1981; and
the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of that Act; and
in relation to Scotland, a development corporation established under the New Towns (Scotland) Act 1968;
“the Northern Ireland Department” means the Department for Social Development but—
in section 122 and sections 122B to 122E also includes the Department of Finance and Personnel; and
in sections 121E, 121F, 122, 122ZA, 122C and 122D also includes the Department for Employment and Learning;
“the Northern Ireland Administration Act” means the Social Security (Northern Ireland) Administration Act 1992;
“occupational pension scheme” has the same meaning as in section 1 of the Pensions Act;
“the Old Cases Act” means the Industrial Injuries and Diseases (Old Cases) Act 1975;
“Old Cases payments” means payments under Part I of Schedule 8 to the Contributions and Benefits Act;
“pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 4 to the Pensions Act 1995;
“the Pensions Act” means the Pension Schemes Act 1993;
“personal pension scheme” has the meaning assigned to it by section 1 of the Pensions Act and “appropriate”, in relation to such a scheme, shall be construed in accordance with section 7B(6) of that Act
“prescribe” means prescribe by regulations and “prescribed” must be construed accordingly;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“regular direct deduction order” has the meaning given by paragraph 1(4) of Schedule 3ZA;
... “rent rebate” and “rent allowance” shall be construed in accordance with section 134 above;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“state pension credit” means state pension credit under the State Pension Credit Act 2002;
““suspended DWP disqualification order” has the meaning given by paragraph 1(3) of Schedule 3ZB;
“tax year” means the 12 months beginning with 6th April in any year;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“universal credit assessment period” means an assessment period for the purposes of Part 1 of the Welfare Reform Act 2012;
“widow's benefit” has the meaning assigned to it by section 20(1)(e) of the Contributions and Benefits Act.
(1) This Act may be cited as the Social Security Administration Act 1992.
(2) This Act is to be read, where appropriate, with the Contributions and Benefits Act and the Consequential Provisions Act.
(3) The enactments consolidated by this Act are repealed, in consequence of the consolidation, by the Consequential Provisions Act.
(4) Except as provided in Schedule 4 to the Consequential Provisions Act, this Act shall come into force on 1st July 1992.
(5) The following provisions extend to Northern Ireland—
...
...
section 132A (and sections 189 and 190, but only for the purposes of regulations under section 132A);
section 170 (with Schedule 5);
section 171 (with Schedule 6);
section 177 (with Schedule 8); and this section.
(6) Except as provided by this section, this Act does not extend to Northern Ireland.
SCHEDULE 1 Claims for benefit made or treated as made before 1st October 1990
Section 1(6)
Claims made or treated as made on or after 2nd September 1985 and before 1st October 1986
1 Section 1 above shall have effect in relation to a claim made or treated as made on or after 2nd September 1985 and before 1st October 1986 as if the following subsections were substituted for subsections (1) to (3)—
(1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
(a) he makes a claim for it—
(i) in the prescribed manner; and
(ii) subject to subsection (2) below, within the prescribed time; or
(b) by virtue of a provision of Chapter VI of Part II of the 1975 Act or of regulations made under such a provision he would have been treated as making a claim for it.
(2) Regulations shall provide for extending, subject to any prescribed conditions, the time within which a claim may be made in cases where it is not made within the prescribed time but good cause is shown for the delay.
(3) Notwithstanding any regulations made under this section, no person shall be entitled to any benefit (except disablement benefit or industrial death benefit) in respect of any period more than 12 months before the date on which the claim is made.
Claims made or treated as made on or after 1st October 1986 and before 6th April 1987
2 Section 1 above shall have effect in relation to a claim made or treated as made on or after 1st October 1986 and before 6th April 1987 as if the subsections set out in paragraph 1 above were substituted for subsections (1) to (3) but with the insertion in subsection (3) of the words “,reduced earnings allowance” after the words “disablement benefit”.
Claims made or treated as made on or after 6th April 1987 and before 21st July 1989
3 Section 1 above shall have effect in relation to a claim made or treated as made on or after 6th April 1987 and before 21st July 1989, as if—
(a) the following subsection were substituted for subsection (1)—
(1) Except in such cases as may be prescribed, no person shall be entitled to any benefit unless, in addition to any other conditions relating to that benefit being satisfied—
(a) he makes a claim for it in the prescribed manner and within the prescribed time; or
(b) by virtue of regulations made under section 51 of the 1986 Act he would have been treated as making a claim for it.”,
(b) there were omitted—
(i) from subsection (2), the words “except as provided by section 3 below”; and
(ii) subsection (3).
Claims made or treated as made on or after 21st July 1989 and before 13th July 1990
4 Section 1 above shall have effect in relation to a claim made or treated as made on or after 21st July 1989 and before 13th July 1990 as if there were omitted—
(a) from subsection (1), the words “and subject to the following provisions of this section and to section 3 below”;
(b) from subsection (2), the words “except as provided by section 3 below”; and
(c) subsection (3).
Claims made or treated as made on or after 13th July 1990 and before 1st October 1990
5 Section 1 above shall have effect in relation to a claim made or treated as made on or after 13th July 1990 and before 1st October 1990 as if there were omitted—
(a) from subsection (1), the words “the following provisions of this section and to”; and
(b) subsection (3).
Schedule 3ZA Recovery of amounts from bank accounts etc
Section 80C
Part 1 deductions from accounts
Direct deduction orders
1 (1) Where an amount is recoverable from a liable person who holds an account with a bank, the Secretary of State may make an order (a “direct deduction order”) in respect of that account.
(2) A direct deduction order must be given to the bank with which the account is held.
(3) A direct deduction order may be—
(a) a regular direct deduction order;
(b) a lump sum direct deduction order.
(4) A regular direct deduction order is an order requiring the bank—
(a) to make regular deductions from the liable person’s account, and
(b) to pay the amounts deducted to the Secretary of State.
(5) A lump sum direct deduction order is an order requiring the bank—
(a) to deduct from the liable person’s account an amount specified in the order, and
(b) to pay that amount to the Secretary of State.
(6) The Secretary of State may give a regular direct deduction order and a lump sum direct deduction order in respect of the same account.
(7) The Secretary of State must give a copy of a direct deduction order to—
(a) the liable person, and
(b) in the case of a joint account, each of the other account holders.
(8) Paragraphs 3 to 5 set out steps that the Secretary of State must take before making a direct deduction order.
Accounts which may be subject to a direct deduction order
2 (1) The Secretary of State may make a direct deduction order in respect of any account which—
(a) is held by a liable person, and
(b) contains an amount in which the Secretary of State considers the liable person has a beneficial interest.
(2) The Secretary of State may make a direct deduction order in respect of a joint account only if the liable person does not hold a sole account in respect of which a direct deduction order may be made which would be likely to result in the recovery of the recoverable amount within a reasonable period of time.
(3) But sub-paragraph (2) does not apply if all the holders of a joint account are liable persons in relation to the same recoverable amount.
Requirement for banks to provide information
3 (1) Before the Secretary of State makes a direct deduction order in respect of a liable person’s account, the Secretary of State must obtain and consider bank statements for the account covering a period of at least 3 months.
(2) To obtain the statements, the Secretary of State must give the bank with which the Secretary of State believes the liable person holds the account a notice (an “account information notice”) requiring the bank to give the Secretary of State statements for the account covering—
(a) the 3 months immediately before the notice is given, or
(b) such longer period, ending immediately before the notice is given, as may be specified in the notice.
(3) An account information notice must—
(a) contain the name of the liable person, and
(b) identify the account (for example, by number and sort code).
(4) The Secretary of State may give an account information notice relating to an account only for the purpose of determining whether to make a direct deduction order in respect of the account.
(5) At any time, for the purposes of determining whether to make a direct deduction order in relation to a liable person, the Secretary of State may give a notice (a “general information notice”) to a bank requiring the bank to—
(a) identify every account that the liable person holds with the bank,
(b) for each identified account, give the Secretary of State the following information—
(i) a description of the type of account,
(ii) identifiers for the account,
(iii) if the account is a sole account, the balance of the account at the date that it is identified, and
(iv) if the account is a joint account, the name of each other account holder, and
(c) give the Secretary of State—
(i) the correspondence address that the bank holds for the liable person, and
(ii) in the case of a joint account, the correspondence address that the bank holds for each other account holder.
(6) The Secretary of State may give—
(a) more than one account information notice, or general information notice, in relation to the same recoverable amount;
(b) more than one account information notice in respect of the same account.
(7) A notice under this paragraph must—
(a) set out how and when the bank must comply with the notice, and
(b) explain that the bank may be liable to a penalty under paragraph 20 if it fails to do so without reasonable excuse.
(8) The bank must comply with a notice given under this paragraph.
(9) Subject to sub-paragraph (10), a bank that is given an account information notice, or a general information notice, must not notify any of the following people that the notice has been given—
(a) the liable person;
(b) any other holder of the account in respect of which an account information notice is given;
(c) any other holder of an account identified in accordance with a general information notice.
(10) The prohibition in sub-paragraph (9) ceases to apply—
(a) at the end of the period of 3 months beginning with the day on which the account information notice or general information notice is given to the bank, or
(b) if earlier, when the bank is given a notice under paragraph 5(1).
(11) Information given to the Secretary of State in response to a notice under this paragraph may be used by the Secretary of State for purposes connected with the Secretary of State’s functions under this Part of this Act, but not for any other purpose.
Joint accounts
4 (1) Before making a direct deduction order in respect of a joint account, the Secretary of State must make an assessment of the liable person’s beneficial interest in the amounts which are or may be in the account from time to time.
(2) The Secretary of State must presume that the liable person’s beneficial interest entitles them to the following share in any amounts which are or may be in the account from time to time—
1N
where “N” is the number of account holders.
(3) But the presumption does not apply where the Secretary of State has reason to believe that the liable person’s beneficial interest is different from the presumed share.
(4) In making an assessment under sub-paragraph (1), the Secretary of State must have regard to—
(a) the bank statements obtained for the account under paragraph 3, and
(b) any responses to a notice under paragraph 5.
Further requirements before making a direct deduction order
5 (1) Before making a direct deduction order, the Secretary of State must give the bank where the account in question is held, the liable person, and, in the case of a joint account, each of the other account holders, a notice—
(a) identifying the account that would be subject to the proposed order,
(b) stating the amount that would be recoverable under the proposed order,
(c) setting out the terms of the proposed order,
(d) if the account is a joint account, setting out the Secretary of State’s duty to make an assessment as to the liable person’s beneficial interest and the presumption that applies (see paragraph 4), and
(e) identifying, for the benefit of the liable person, the recoverable amount to which the order relates.
(2) The notice must invite the liable person and, in the case of a joint account, each other account holder—
(a) to make representations about the terms of the proposed order, and
(b) in the case of a joint account, to make representations about the liable person’s beneficial interest in amounts in the account.
(3) The notice must set out the means by which, and the period within which, representations may be made.
(4) The period must be a period of at least 1 month beginning with the day after the day on which the notice is given.
(5) The Secretary of State must—
(a) consider representations made in accordance with the notice, and
(b) in light of any representations —
(i) in the case of a joint account, make the assessment required under paragraph 4(1), and
(ii) in any case, decide whether, and in what terms, to make a direct deduction order in respect of the account.
(6) A notice under sub-paragraph (1) may be given to the bank before it is given to the other persons to whom it is required to be given under that sub-paragraph (and for the effect of giving the notice to the bank see paragraph 11 (restrictions on accounts)).
(7) Where a notice is given to the bank in reliance on sub-paragraph (6), the notice must be given to the other persons as soon as reasonably practicable after being given to the bank.
(8) If, following the giving of a notice under this paragraph, the Secretary of State decides not to make a direct deduction order, the Secretary of State must, as soon as reasonably practicable, notify every person given a notice under sub-paragraph (1) of the decision.
Amounts of deductions
6 (1) The Secretary of State may make a direct deduction order only if satisfied on the basis of information received by virtue of paragraphs 3 and 5 that the terms of the order—
(a) will not cause the liable person, any other account holder, or any person within sub-paragraph (2) to suffer hardship in meeting essential living expenses, and
(b) are otherwise fair in all the circumstances.
(2) A person is within this sub-paragraph if—
(a) they live with the liable person, or any other account holder, for some or all of the time, or
(b) they are financially dependent on the liable person or any other account holder.
(3) The total amount of deductions to be made under a regular direct deduction order in relation to any period of 1 month must not exceed 40% of the relevant amount.
(4) For the purposes of sub-paragraph (3), the “relevant amount” is the amount that the Secretary of State reasonably expects to be credited to the account in question in (or in respect of) a typical month during the period for which the order will have effect, having regard to all statements given to the Secretary of State in relation to the account (see paragraphs 3(2) and 15(1)).
(5) The Secretary of State must ensure that the amount to be deducted and paid to the Secretary of State under a direct deduction order does not exceed the recoverable amount to which the order relates.
Content and effect of direct deduction orders
7 (1) A regular direct deduction order must specify—
(a) the amounts to be deducted (see paragraph 6),
(b) when those amounts are to be deducted and paid to the Secretary of State, and
(c) the penalties that may be imposed for a failure to comply (see paragraph 20).
(2) A regular direct deduction order may specify different amounts to be deducted at different times.
(3) A lump sum direct deduction order must specify—
(a) the amount to be deducted,
(b) when the amount is to be deducted and paid to the Secretary of State, and
(c) the penalties that may be imposed for a failure to comply (see paragraph 20).
(4) A direct deduction order may not require an amount to be deducted from a person’s account before the end of the period of 1 month beginning with the day after the day on which the Secretary of State complies with paragraph 1(7).
(5) A bank must comply with a direct deduction order.
Bank’s administrative costs
8 (1) A direct deduction order may include provision for the bank to deduct from the liable person’s account an amount specified in, or calculated in accordance with, the order, for the purposes of meeting costs reasonably incurred by the bank in complying with the order.
(2) A bank may deduct the costs to which they are entitled under a direct deduction order immediately prior to making the deduction which is to be paid to the Secretary of State under the order.
(3) In complying with paragraph 6(1) and (3) in relation to a direct deduction order the Secretary of State must take account of any deductions to be made under the order by virtue of sub-paragraph (1).
Insufficient funds
9 (1) Where the amount in an account is lower than the amount to be deducted in accordance with a lump sum direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction—
(a) no deduction is to be made, and
(b) the bank must notify the Secretary of State as soon as possible.
(2) Where the amount in an account is lower than the amount to be deducted in accordance with a regular direct deduction order at the time that the bank is (apart from this sub-paragraph) required to make the deduction—
(a) the order is to be read as requiring the deduction and payment to the Secretary of State to take place on the same day the following week, and
(b) if, on that day, the amount in the account is lower than the amount to be deducted in accordance with the order—
(i) no deduction is to be made, and
(ii) the bank must notify the Secretary of State as soon as possible.
(3) References in this paragraph to the amount to be deducted in accordance with a direct deduction order include any amounts to be deducted in respect of a bank’s costs by virtue of provision under paragraph 8(1).
Non-working days
10 (1) If (apart from this paragraph) a bank would be required to make a deduction and payment under a direct deduction order on a day that is not a working day, the obligation to make the deduction and payment applies in relation to the next working day after that day.
(2) In this paragraph, “working day” means any day other than—
(a) Saturday or Sunday, or
(b) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Restrictions on accounts
11 (1) Where a notice under paragraph 5 (a “pre-deduction notice”) relating to a proposed lump sum direct deduction order, or a lump sum direct deduction order under paragraph 1, is given to a bank in relation to a liable person’s account, the bank must—
(a) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the account falling below the specified amount, or, if the amount in the account is already below that amount, falling any further, or
(b) take the action set out in sub-paragraph (2).
(2) The action is to—
(a) transfer the specified amount, or the amount in the account if that is less than the specified amount, from the account into a different account (a “hold account”) created by the bank for the sole purpose of holding that transferred amount, and
(b) secure that no transaction takes place (except for any deduction under the order) which would result in the amount in the hold account falling below the amount transferred.
(3) Where a bank takes the action set out in sub-paragraph (2) in relation to a lump sum direct deduction order, the order is to be read as if it required the deduction to be made from the hold account.
(4) A bank must ensure that taking the action set out in sub-paragraph (2) does not cause any disadvantage to the liable person, and in the case of a joint account, any other account holder, that the liable person, and any other account holder, would not have experienced if the bank had instead acted in accordance with sub-paragraph (1)(a).
(5) The requirements in sub-paragraph (1) cease to apply when—
(a) in relation to a pre-deduction notice, a notice is given to the bank under paragraph 5(8) (notice of decision not to make a direct deduction order) or a direct deduction order is given to the bank under paragraph 1;
(b) in relation to a direct deduction order—
(i) all the deductions under the order have been made, or
(ii) the order is revoked.
(6) In this paragraph, “specified” means specified in a pre-deduction notice or direct deduction order.
Applications to vary
12 (1) Any holder of an account to which a direct deduction order applies may apply to the Secretary of State to vary the order.
(2) The Secretary of State must give any other holders of the account an opportunity to make representations in relation to the application.
(3) The Secretary of State must notify the applicant and any other account holders of the Secretary of State’s decision on the application.
Variation
13 (1) The Secretary of State may vary a direct deduction order (whether after an application by an account holder or otherwise).
(2) The provisions in this paragraph apply in relation to any variation of a direct deduction order, including one that results from a review under paragraph 18.
(3) Where the Secretary of State proposes to vary a direct deduction order other than under sub-paragraph (7), the Secretary of State must give—
(a) the liable person, and
(b) in the case of a joint account, each of the other account holders,
an opportunity to make representations about the proposed variation.
(4) The Secretary of State may comply with sub-paragraph (3) at the same time as complying with paragraph 12(2).
(5) A variation to a direct deduction order takes effect when the Secretary of State gives the varied order to the bank or, if later, in accordance with the terms of the order as varied.
(6) The Secretary of State must give a copy of the varied order to the liable person and, in the case of a joint account holder, each other account holder.
(7) The Secretary of State may vary a direct deduction order so that the order applies to another account held by the liable person (including an account administered by a different bank) only if—
(a) the variation is requested by the liable person, and
(b) if the other account is a joint account, each of the other account holders consents.
(8) Where a direct deduction order is varied under sub-paragraph (7)—
(a) if the order is varied so that it applies to an account administered by another bank—
(i) the reference in sub-paragraph (5) to “the bank” is to the bank which administers that account, and
(ii) the Secretary of State must notify the bank given the original order of the effect of the variation, and
(b) if the order is varied so that it applies to a joint account—
(i) the requirement in sub-paragraph (6) is to give a copy of the order to each other holder of that joint account, and
(ii) if the original order applied to a joint account, the Secretary of State must notify each other holder of that joint account of the effect of the variation.
(9) The steps set out in paragraphs 3 to 5 do not apply to a decision to vary a direct deduction order.
Revocation of direct deduction order
14 (1) The Secretary of State may revoke a direct deduction order.
(2) The Secretary of State must revoke a direct deduction order as soon as reasonably practicable after becoming aware that—
(a) the recoverable amount has been recovered, or
(b) the liable person to whom the order relates has died.
(3) Where the Secretary of State revokes a direct deduction order, the Secretary of State must give a notice of the revocation to—
(a) the bank to which the order was given,
(b) the liable person (apart from in a case within sub-paragraph (2)(b)), and
(c) in the case of a joint account, each of the other account holders.
Further information notices
15 (1) For the purposes of determining whether to revoke or vary a direct deduction order, the Secretary of State may give a bank a notice (a “further information notice”) requiring the bank—
(a) to give the Secretary of State statements for an account held by the liable person covering—
(i) the 3 months immediately before the notice was given, or
(ii) such longer period, ending immediately before the notice was given, as may be specified in the notice;
(b) to take the steps set out in paragraphs (a) to (c) of paragraph 3(5).
(2) Sub-paragraphs (6) to (8) and (11) of paragraph 3 apply in relation to a further information notice as they apply in relation to a notice under that paragraph.
(3) Before giving a further information notice to a bank requiring statements to be given in respect of a joint account, the Secretary of State must notify each account holder other than the liable person—
(a) that the notice will be given, and
(b) of the effect of the notice.
(4) A further information notice may be given to the bank before, at the same time as or after the Secretary of State complies with paragraph 13(3).
Suspension of direct deduction orders
16 (1) The Secretary of State may suspend and re-start the requirement to make deductions and payments under a regular direct deduction order at any time by notifying the bank to which the order was given.
(2) The Secretary of State must notify the liable person and, in the case of a joint account, each other account holder, if the requirement is suspended or re-started under this paragraph.
(3) Where the requirement is suspended for a continuous period of 2 years the regular direct deduction order in question is to be treated as having been revoked at the end of that period.
(4) Where a regular direct deduction order is treated as having been revoked by virtue of sub-paragraph (3), the Secretary of State must give notice to that effect to—
(a) the bank to which the order was given,
(b) the liable person, and
(c) in the case of a joint account, each of the other account holders.
(5) Sub-paragraph (3) does not prevent the Secretary of State making a further regular direct deduction order in respect of the same liable person and account.
Cessation on death of liable person
17 A bank ceases to be subject to a direct deduction order on becoming aware of the liable person’s death.
Reviews
18 (1) This paragraph applies where the Secretary of State—
(a) makes a direct deduction order,
(b) varies a direct deduction order, or
(c) decides not to vary a direct deduction order in response to an application under paragraph 12.
(2) Any of the following persons (“relevant persons”) may apply to the Secretary of State for a review of the decision to make, to vary or not to vary the order—
(a) the liable person to whom the order relates, and
(b) in the case of a joint account, any other account holder.
(3) An application under sub-paragraph (2) must be made before the end of the period of 1 month beginning with the day after the day on which the applicant was—
(a) given a copy of the order or the order as varied, or
(b) notified of the decision not to vary the order.
(4) An application for a review under this paragraph may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order).
(5) On a review, the Secretary of State may—
(a) uphold the decision,
(b) vary the order, or
(c) revoke the order.
(6) After a review has been carried out, the Secretary of State must notify the applicant and other relevant persons of the outcome of the review.
(7) See paragraph 13 for provisions about varying a direct deduction order.
Appeals
19 (1) A relevant person may appeal to the First-tier Tribunal against—
(a) the making of a direct deduction order,
(b) the variation of a direct deduction order, or
(c) a refusal to vary a direct deduction order after a request by a relevant person.
(2) A relevant person may not appeal under sub-paragraph (1) in relation to a matter within paragraph (a), (b) or (c) of that sub-paragraph unless they—
(a) made representations in accordance with paragraph 5, 12 or 13 (or, in relation to a variation of a direct deduction order, requested the variation), or
(b) sought a review under paragraph 18,
in relation to the matter.
(3) Sub-paragraph (2) does not apply where a direct deduction order is varied on a review under paragraph 18.
(4) An appeal under sub-paragraph (1) may not be brought after the end of—
(a) the period of 1 month beginning with the day after the day on which the appellant was—
(i) given a copy of the direct deduction order, or the varied direct deduction order, in a case within sub-paragraph (1)(a) or (b), or
(ii) notified under paragraph 12(3) or, where a review was sought, paragraph 18(6), in a case within sub-paragraph (1)(c), or
(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(5) An appeal under sub-paragraph (1) may not be made on, or include, any ground relating to the existence or amount of a recoverable amount (unless the amount is said to be incorrectly stated in the order).
(6) Where a relevant person appeals under this paragraph in relation to a direct deduction order, the First-tier Tribunal may suspend the requirement on the bank to which the order has been given to give effect to the order for some or all of the time until the appeal (including any onward appeal) is withdrawn, abandoned or finally determined.
(7) On an appeal under sub-paragraph (1), the First-tier Tribunal may—
(a) amend the direct deduction order;
(b) revoke the direct deduction order;
(c) dismiss the appeal.
(8) In this paragraph, “relevant person” has the meaning that it has in paragraph 18.
Part 2 Penalties
Penalties for failure to comply
20 (1) If the Secretary of State has reasonable grounds to believe that a bank—
(a) has failed to comply with a requirement imposed by or under this Schedule, and
(b) has no reasonable excuse for the failure,
the Secretary of State may impose on the bank a penalty of £500.
(2) The Secretary of State may not impose a penalty before giving the bank an opportunity to make representations about their compliance.
(3) The Secretary of State imposes a penalty by giving the bank a notice of the penalty (a “penalty notice”).
(4) A penalty notice must state—
(a) the amount of the penalty,
(b) the period within which it must be paid, and
(c) the bank’s right to appeal against the penalty.
(5) The Secretary of State may vary or revoke a penalty notice by giving a notice to that effect to the bank.
Recovery of penalties
21 (1) In England and Wales, a penalty imposed under this Part of this Schedule is recoverable—
(a) if the county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
(2) In Scotland, a penalty imposed under this Part of this Schedule may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Appeal against a penalty notice
22 (1) A bank on which a penalty is imposed under paragraph 20 may appeal to the First-tier Tribunal against the imposition of the penalty.
(2) An appeal under sub-paragraph (1) may not be brought after the end of—
(a) the period of 1 month beginning with the date on which the penalty notice in relation to the penalty being appealed was given, or
(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(3) On an appeal under sub-paragraph (1) the Tribunal may confirm or quash the decision to impose the penalty.
(4) If an appeal is brought under sub-paragraph (1), the penalty which is the subject of the appeal is not payable until the appeal (including any onward appeal) is determined or withdrawn.
Part 3 General
Deputies
23 (1) This paragraph applies where a person (a “deputy”) acts on behalf of an account holder (including a liable person) in relation to their account by virtue of—
(a) a power of attorney, or
(b) an appointment by, or an order of, a court.
(2) The following provisions apply in relation to the deputy of the account holder as they apply in relation to the account holder—
(a) paragraph 1(7);
(b) paragraph 3(9);
(c) paragraph 5;
(d) paragraph 11(1);
(e) paragraph 12;
(f) paragraph 13(3), (6) and (8)(b);
(g) paragraph 14(3);
(h) paragraph 15(3);
(i) paragraph 16(2) or (4);
(j) paragraph 18;
(k) paragraph 19.
(3) Paragraph 13(7)(a) and (b) applies in relation to the deputy of the account holder instead of the account holder.
(4) Sub-paragraph (5) applies where—
(a) a bank is given—
(i) an account information notice or a general information notice under paragraph 3,
(ii) a notice under paragraph 5,
(iii) a further information notice under paragraph 15, or
(iv) a direct deduction order, and
(b) a deputy acts on behalf of an account holder of an account to which the notice or order relates.
(5) The bank must give the Secretary of State the name and correspondence address that it holds for that deputy (unless the bank has already provided that information).
Interpretation
24 (1) In this Schedule—
“bank” means a person who is authorised—
to accept deposits, or
to issue electronic money;
“direct deduction order” means a regular direct deduction order or a lump sum direct deduction order;
“joint account” means an account held by more than one person;
“lump sum direct deduction order” has the meaning given by paragraph 1(5);
“regular direct deduction order” has the meaning given by paragraph 1(4);
“sole account” means an account held by one person.
(2) For the purposes of paragraph (a) in the definition of “bank” in sub-paragraph (1)—
(a) the reference to accepting deposits is to carrying on the regulated activity of accepting deposits for the purposes of the Financial Services and Markets Act 2000 (see section 22 of that Act and article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)), and
(b) a person is authorised to accept deposits if they are an authorised person or an exempt person in relation to the carrying on of that activity for the purposes of the Financial Services and Markets Act 2000.
(3) For the purposes of paragraph (b) in the definition of “bank” in sub-paragraph (1), a person is authorised to issue electronic money if—
(a) the person is an electronic money institution, and
(b) the person is authorised or registered under Part 2 of the Electronic Money Regulations 2011 (S.I. 2011/99) in relation to carrying on the activity of issuing electronic money.
(4) In sub-paragraph (3), “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations).
(5) In this Schedule, references to an amount in an account are to an amount standing to the credit of the account.
(6) In this Schedule, references to a person holding an account include references to—
(a) a person holding an account jointly with one or more other persons,
(b) a person being a signatory, or one of the signatories, to an account, and
(c) an account being, in any other way, in the person’s name,
and “holder” is to be read accordingly.
Regulations
25 (1) Regulations may make further provision about direct deduction orders.
(2) Regulations under this paragraph may, among other things, make provision—
(a) about how notices and orders are to be given by the Secretary of State under this Schedule;
(b) about how notices and information are to be given to the Secretary of State under this Schedule;
(c) about the calculation of amounts to be deducted, including—
(i) about establishing whether deductions would cause a person to suffer hardship in meeting essential living expenses, and
(ii) about amounts which are, or are not, to be taken into account in calculating the amounts credited to an account for the purposes of paragraph 6(3);
(d) setting a maximum percentage that is less than 40% for the purposes of paragraph 6(3) in some or all cases;
(e) amending the amount for the time being specified in paragraph 20(1) to reflect a change in the value of money;
(f) about the duties of banks in relation to direct deduction orders, including before a direct deduction order is made;
(g) about costs which a bank may recover by virtue of paragraph 8 or from the Secretary of State;
(h) about the interaction between direct deduction orders under this Schedule and similar orders under any other enactment.
(3) Regulations under this paragraph may, among other things, apply this Schedule, as it applies to banks, to other types of person who provide financial products or services (including products or services that operate by reference to cryptoassets or any similar product or service).
(4) In sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.
(5) Before making relevant regulations in reliance on sub-paragraph (2)(a), (b), (f) or (g), the Secretary of State must consult—
(a) persons who appear to the Secretary of State to represent the interests of banks, and
(b) such other persons (if any) as the Secretary of State considers appropriate.
(6) Before making relevant regulations in reliance on sub-paragraph (3), the Secretary of State must consult—
(a) persons who appear to the Secretary of State to represent the interests of persons to whom provisions about direct deduction orders would be applied by the regulations, and
(b) such other persons (if any) as the Secretary of State considers appropriate.
(7) In this paragraph, “relevant regulations” means—
(a) the first regulations made in reliance on the provisions in question, and
(b) any subsequent regulations made in reliance on those provisions which—
(i) impose new duties on banks, or
(ii) make changes to existing duties or provisions which, in the opinion of the Secretary of State, are more than minor.
Section 80D
Suspended DWP disqualification orders
1 (1) This Schedule applies where—
(a) the Secretary of State has sought to recover a recoverable amount from a liable person, and
(b) some or all of the amount has not been recovered.
(2) Where the amount still to be recovered is at least £1,000, the Secretary of State may apply to the court for a suspended DWP disqualification order (but see sub-paragraph (7)).
(3) A suspended DWP disqualification order is an order—
(a) setting out terms of repayment with which the liable person must comply, and
(b) stating that the liable person may be subject to an immediate DWP disqualification order if the person fails to comply with the terms of repayment.
(4) Subject to sub-paragraph (6), the court must make a suspended DWP disqualification order if the court is satisfied, on the balance of probabilities, that the liable person has, without reasonable excuse, not paid the recoverable amount.
(5) The terms of repayment must include terms for the payment of any costs awarded by the court to the Secretary of State relating to the order.
(6) The court may not make a suspended DWP disqualification order if the court considers that the liable person—
(a) needs a driving licence to earn a living, or
(b) has another essential need for a driving licence.
(7) The Secretary of State may apply for a second or subsequent suspended DWP disqualification order in relation to a recoverable amount even if the amount still to be recovered has fallen to less than £1,000.
(8) A suspended DWP disqualification order ceases to have effect when—
(a) revoked under paragraph 4, or
(b) the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in sub-paragraph (5) from the liable person.
(9) Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.
(10) In this Schedule—
“the court” means—
in England and Wales, a magistrates’ court, and
in Scotland, a sheriff or a summary sheriff;
“driving licence” means a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988.
Immediate DWP disqualification orders
2 (1) Subject to sub-paragraph (6), if a liable person fails to comply with terms of repayment in a suspended DWP disqualification order, the Secretary of State may apply to the court for an immediate DWP disqualification order.
(2) An immediate DWP disqualification order is an order—
(a) setting out terms of repayment with which the liable person must comply, and
(b) disqualifying the liable person from holding or obtaining a driving licence for such period as the court considers likely to result in the person paying the recoverable amount to the Secretary of State.
(3) Subject to sub-paragraph (5), if the court is satisfied on the balance of probabilities that the liable person has failed, without reasonable excuse, to comply with terms of repayment in a suspended DWP disqualification order, the court must make an immediate DWP disqualification order on an application under sub-paragraph (1).
(4) The period mentioned in sub-paragraph (2)(b) may not be longer than 2 years beginning with the day on which the order is made.
(5) The court may not make an immediate DWP disqualification order if the court is of the opinion that the liable person—
(a) needs a driving licence to earn a living, or
(b) has another essential need for a driving licence.
(6) Where the terms of repayment provide for repayment in instalments, the failure to pay a single instalment is not to be regarded as a failure to comply with the terms unless the liable person fails to repay the entire recoverable amount by the time the final instalment is due.
(7) The Secretary of State may apply for more than one immediate DWP disqualification order in relation to the same suspended DWP disqualification order.
(8) Before determining an application under this paragraph the court must give the Secretary of State and the liable person an opportunity to be heard.
Terms of repayment
3 The court must be satisfied that the terms of repayment set out in a suspended or immediate DWP disqualification order are ones with which the liable person has the means to comply.
Variation and revocation of orders
4 (1) On an application by the liable person or the Secretary of State, the court may, where some of the recoverable amount to which a suspended or immediate DWP disqualification order relates has been recovered, make an order varying, or revoking, a suspended or immediate DWP disqualification order.
(2) But the court may revoke a suspended or immediate DWP disqualification order in reliance on sub-paragraph (1) only where the court considers that revoking the order will increase the likelihood of the remainder of the recoverable amount being recovered.
(3) When considering an application under sub-paragraph (1), the court must invite representations from—
(a) the Secretary of State, where the application was made by the liable person, and
(b) the liable person, where the application was made by the Secretary of State,
or give both the Secretary of State and the liable person an opportunity to be heard.
(4) The court may vary or revoke a suspended or immediate DWP disqualification order on an application from the liable person where—
(a) the order was made without the liable person being heard despite being given an opportunity to be heard under paragraph 1(9), and
(b) the court considers that the liable person had a good reason for not taking advantage of the opportunity to be heard.
(5) An application under sub-paragraph (4) must be made within the period of 21 days beginning with the day after the day on which the liable person is given notice that the order has been made.
(6) Before determining an application under this paragraph, the court must give the Secretary of State and the liable person an opportunity to be heard.
(7) Where the Secretary of State has recovered the whole of the recoverable amount and the costs mentioned in paragraph 1(5) from a liable person subject to an immediate DWP disqualification order—
(a) the Secretary of State must notify the court, and
(b) a court officer must make an order (without a hearing) revoking the immediate DWP disqualification order.
(8) In this paragraph, references to varying a suspended or immediate DWP disqualification order include varying the terms of repayment set out in the order.
(9) In sub-paragraph (7)(b), “court officer” means a member of the staff of the court authorised by the court for the purposes of that sub-paragraph.
Holding of driving licence for period of disqualification
5 (1) Where the court makes an immediate DWP disqualification order, the court—
(a) may require the liable person to whom the order relates to give to the court by, or on, a specified date any driving licence which the liable person holds, and
(b) must transfer each driving licence received in accordance with paragraph (a) to the Secretary of State.
(2) For the purposes of this paragraph, “driving licence” includes any document by virtue of which a person is authorised under Part 3 of the Road Traffic Act 1988 to drive a motor vehicle in Great Britain.
Appeals
6 (1) The liable person or the Secretary of State may appeal to the appropriate appellate court on a point of law against—
(a) a decision to, or not to, make, vary or revoke a DWP disqualification order;
(b) the terms of a DWP disqualification order.
(2) An appeal under this paragraph must be made within the period of 21 days beginning with the day after the day on which notice of the decision to which it relates is given.
(3) On an appeal under this paragraph, the appropriate appellate court may—
(a) where the appeal relates to a DWP disqualification order that has been made—
(i) dismiss the appeal,
(ii) vary the order in any way that would have been available to the court that made it, or
(iii) revoke the order, or
(b) where the appeal is against a decision not to make a DWP disqualification order—
(i) dismiss the appeal, or
(ii) make a DWP disqualification order that the court could have made.
(4) In this Schedule, the “appropriate appellate court” means—
(a) in England and Wales, the Crown Court, and
(b) in Scotland, the Sheriff Appeal Court.
DWP disqualification orders: further provision
7 (1) A court must give the Secretary of State and the liable person notice if—
(a) it makes or refuses to make a suspended or immediate DWP disqualification order,
(b) it makes or refuses to make an order under paragraph 4, or
(c) it allows an appeal against a suspended or immediate DWP disqualification order.
(2) Notice under this paragraph is to be given to the Secretary of State in such manner and to such addresses, and to contain such particulars, as the Secretary of State may require.
(3) The court may grant permission for an application or an appeal after the periods mentioned in paragraphs 4(5) and 6(2) (as the case may be) where satisfied that there is a compelling reason to do so.
(4) Regulations may make provision—
(a) for the purposes of enabling the court to assess the matters mentioned in paragraphs 1(6), 2(5) and 3, or
(b) about procedure relating to applications to, or appeals from, a magistrates’ court in England and Wales under this Schedule.
(5) In this paragraph, the reference to “a court” is to “the court” and “the appropriate appellate court”.
Information sharing
8 A public authority that holds information about a liable person’s driving licence may, on a request by the Secretary of State, disclose that information to the Secretary of State for the purpose of facilitating the exercise of the Secretary of State’s functions under this Schedule.
Northern Ireland licences
9 (1) Section 109(1) of the Road Traffic Act 1988 (Northern Ireland licences) has effect subject to any provision made by or under this Schedule.
(2) For the purposes of that section, the reference in paragraph 2(2)(b) to disqualifying a person from holding or obtaining a driving licence is to be read as a reference to disqualifying a person from driving any vehicle under Part 3 of the 1988 Act.
SCHEDULE 3A Health in pregnancy grant: Civil penalty for fraud, etc.
Penalty
1 (1) This paragraph applies where a person fraudulently or negligently—
(a) makes an incorrect statement or declaration in or in connection with a claim for health in pregnancy grant, or
(b) gives incorrect information or evidence in response to a requirement imposed on the person by virtue of section 5.
(2) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty on the person.
(3) The amount of a penalty imposed under this paragraph—
(a) is to be determined by the Commissioners, but
(b) may not exceed the amount of the grant.
(4) A penalty imposed under this paragraph becomes payable at the end of the period of 30 days beginning with the date on which the notice is given.
(5) The Commissioners must give notice of a determination imposing a penalty under this paragraph to the person on whom it is imposed.
(6) The notice must—
(a) state the date on which the notice is given,
(b) state the date on or before which payment is due in accordance with sub-paragraph (4), and
(c) give details of the right to appeal under paragraph 2.
Appeal
2 (1) A person on whom a penalty is imposed under paragraph 1 may appeal to the First-tier Tribunal against the determination imposing it.
(2) On an appeal under sub-paragraph (1), the First-tier Tribunal may—
(a) set the determination aside,
(b) confirm the determination,
(c) reduce the amount of the penalty, or
(d) increase the amount of it (but not so as to exceed the amount of the grant).
(3) An appeal lies to the Upper Tribunal otherwise than on a point of law from a decision of the First-tier Tribunal under sub-paragraph (2) (unless the decision is set aside under section 9 of the Tribunals, Courts and Enforcement Act 2007).
(3A) For an appeal on a point of law, see section 11 of that Act.
(3B) An appeal may be brought under sub-paragraph (3) only if, on an application made by the person concerned, the First-tier Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.
(4) On an appeal under sub-paragraph (3), the Upper Tribunal has a similar jurisdiction to that conferred on the First-tier Tribunal by sub-paragraph (2).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Commissioners for Her Majesty's Revenue and Customs may by regulations apply provision contained in the Social Security Act 1998 in relation to an appeal under this paragraph (with such modifications as are prescribed).
Mitigation
3 The Commissioners for Her Majesty's Revenue and Customs may mitigate or entirely remit a penalty under this Schedule.
Time limit
4 (1) The Commissioners for Her Majesty's Revenue and Customs may make a determination imposing a penalty under paragraph 1 at any time before the end of the period of two years beginning with the relevant day.
(2) In sub-paragraph (1), the “relevant day” is the day on which the statement or declaration, or information or evidence, referred to in paragraph 1(1) is made or given.
Recovery
5 A penalty payable under this Schedule is to be treated for the purposes of Part 6 of the Taxes Management Act 1970 (collection and recovery) as if it were tax charged in an assessment and due and payable.
Section 121DB
Part 1 Power to require information
Power to require information by way of an eligibility verification notice
1 (1) The Secretary of State may, for the purposes of assisting in identifying incorrect payments of a relevant benefit, give a person of a type mentioned in paragraph 2 a notice (an “eligibility verification notice”) requiring the person to take the steps mentioned in sub-paragraphs (3) and (4).
(2) The Secretary of State may give an eligibility verification notice only where the Secretary of State considers that it is necessary and proportionate to do so.
(3) The first step is to identify relevant accounts (see paragraph 20(1)) which—
(a) the person provides, and
(b) are accounts—
(i) into which a specified relevant benefit has been paid, or are accounts linked to such accounts, and
(ii) which meet specified criteria (“eligibility indicators”) whether alone or with other accounts within paragraph (a) and sub-paragraph (i) of this paragraph.
(4) The second step is to give to the Secretary of State the following information for each identified account—
(a) specified details about the account (for example, sort code and account number),
(b) specified details about the account holders (for example, their names and dates of birth), and
(c) specified details about how the account meets the eligibility indicators.
(5) Information that amounts to transaction information or special category data—
(a) may not be required by the Secretary of State by way of an eligibility verification notice, and
(b) must not be given to the Secretary of State in response to such a notice.
(6) But the prohibition against the requiring and giving of special category data does not prohibit the requiring and giving of data to establish that an individual is in receipt of the specified relevant benefit.
(7) A person given an eligibility verification notice is not required to carry out the steps set out in sub-paragraphs (3) and (4) in relation to any account that is held outside the United Kingdom.
(8) In this paragraph the reference to an account which is linked to an account into which a specified relevant benefit is paid is to an account held by the same person who holds the account into which that benefit is paid.
(9) In this Schedule, references to an incorrect payment of a benefit—
(a) are references to a payment of an amount in respect of that benefit which is not equal to the amount for which the benefit recipient is eligible, and
(b) include references to payments that have been made or that may be made.
Types of person to whom an eligibility verification notice can be given
2 (1) The types of persons referred to in paragraph 1(1) are persons—
(a) to whom sub-paragraph (2) applies, or
(b) who are described in regulations.
(2) This sub-paragraph applies to persons who—
(a) are authorised—
(i) to accept deposits, or
(ii) to issue electronic money, and
(b) in the course of that activity, provide relevant accounts into which a relevant benefit may be paid.
(3) Regulations under sub-paragraph (1)(b) may describe only types of person who provide accounts which are, or correspond to, relevant accounts (including accounts that operate by reference to cryptoassets or any similar asset).
(4) In sub-paragraph (3), “cryptoasset” has the meaning given in section 84A of the Proceeds of Crime Act 2002.
(5) For the purposes of sub-paragraph (2)(a)(i) —
(a) the reference to accepting deposits is to carrying on the regulated activity of accepting deposits for the purposes of the Financial Services and Markets Act 2000 (see section 22 of that Act and article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (S.I. 2001/544)), and
(b) a person is authorised to accept deposits if they are an authorised person or an exempt person in relation to the carrying on of that activity for the purposes of the Financial Services and Markets Act 2000.
(6) For the purposes of sub-paragraph (2)(a)(ii), a person is authorised to issue electronic money if the person—
(a) is an electronic money institution, and
(b) the person is authorised or registered under Part 2 of the Electronic Money Regulations 2011 (S.I. 2011/99) in relation to carrying on the activity of issuing electronic money.
(7) In this paragraph, “electronic money” and “electronic money institution” have the meanings given by regulation 2(1) of those Regulations (and references to the issue of electronic money are to be construed in accordance with those Regulations).
Eligibility indicators
3 (1) The eligibility indicators in an eligibility verification notice must be criteria which indicate that the specified relevant benefit may have been, or may be, incorrectly paid.
(2) The eligibility indicators may be criteria to be met by a single account or by two or more accounts combined.
(3) The eligibility indicators must not include personal data.
Further provision about eligibility verification notices
4 (1) An eligibility verification notice must specify a period within which the person given the notice must comply with the notice to avoid liability to a penalty under Part 2 of this Schedule.
(2) The period specified—
(a) must begin with the day on which the notice is given, and
(b) must not be less than 14 days.
(3) An eligibility verification notice must give details about—
(a) the right to seek a review of the notice under paragraph 13,
(b) the right to appeal against the notice under paragraph 14, and
(c) the penalties that may be imposed under Part 2 of this Schedule.
(4) An eligibility verification notice (a “periodic eligibility verification notice”) may require a person to take the steps set out in paragraph 1(3) and (4) at specified intervals within a period not exceeding 1 year from the date of the notice.
(5) If it does so, the eligibility verification notice must set out the periods within which the person must comply with the eligibility verification notice for each specified interval.
(6) Each such period must not be less than 14 days.
(7) An eligibility verification notice may not require a person to examine historic data, except for the purpose set out in sub-paragraph (9).
(8) Data is historic, in relation to an eligibility verification notice, if it relates to a time before the beginning of the period of 1 year ending with the day on which the notice is given.
(9) An eligibility verification notice may require a person to provide the date that an account which meets an eligibility indicator first began to meet that indicator.
(10) An eligibility verification notice may require information—
(a) to be compiled or collated in a specified manner;
(b) to be provided in a specified way (including by electronic transmission to a specified address or portal).
(11) The Secretary of State may vary or revoke an eligibility verification notice by giving notice to the person to whom it was given.
Use of information obtained
5 (1) Information given to the Secretary of State in response to an eligibility verification notice (“EVM information”) may be used—
(a) to assist in identifying incorrect payments of any benefit, or
(b) in criminal or civil proceedings relating to such payments,
but not for any other purpose.
(2) Sub-paragraph (3) applies where—
(a) an authorised officer is considering whether to give an information notice under section 109BZA in relation to a person, and
(b) the Secretary of State has been given EVM information that is relevant to the question whether to give the information notice.
(3) The authorised officer must have regard to all information that the Secretary of State has that is relevant to the question whether to give the information notice, including information that is not EVM information.
(4) Sub-paragraph (5) applies where—
(a) the Secretary of State is considering whether to suspend payments of a benefit to a person in accordance with regulations under section 21 or 22 of the Social Security Act 1998, and
(b) the Secretary of State has been given EVM information that is relevant to the question whether to suspend the payments.
(5) The Secretary of State must have regard to all information that the Secretary of State has that is relevant to the question whether to suspend the payments, including information that is not EVM information.
(6) Sub-paragraph (7) applies where—
(a) the Secretary of State is considering whether a decision taken under section 8, 9 or 10 of the Social Security Act 1998 in relation to a person (“the earlier decision”) should be revised or superseded, and
(b) the Secretary of State has been given EVM information that is relevant to the question whether the earlier decision should be revised or superseded.
(7) The Secretary of State must have regard to all information that the Secretary of State has that is relevant to the question whether the earlier decision should be revised or superseded, including information that is not EVM information.
Restrictions on disclosure
6 (1) This Schedule does not require or authorise any 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.
(2) Any disclosure of information carried out in accordance with this Schedule (as read subject to sub-paragraph (1)) does not breach—
(a) any obligation of confidence owed by the person disclosing the information, or
(b) any other restriction on the disclosure of information (however imposed).
Part 2 Penalties
Fixed penalty for failure to comply with an eligibility verification notice
7 (1) If the Secretary of State considers that a person given an eligibility verification notice—
(a) has failed to comply with the notice within the period specified, and
(b) has no reasonable excuse for the failure,
the Secretary of State may impose a penalty (a “fixed penalty”) on the person.
(2) But the Secretary of State may not impose a fixed penalty before—
(a) giving the person an opportunity to make representations about their compliance, and
(b) if the person has sought a review of the notice under paragraph 13, the conclusion of that review.
(3) The Secretary of State imposes a fixed penalty by giving the person a notice of the penalty (a “fixed penalty notice”).
(4) A fixed penalty notice must state—
(a) the reason for the penalty,
(b) the amount of the penalty, and
(c) the period within which it must be paid.
(5) A fixed penalty may not exceed £1,000.
(6) The Secretary of State may vary or revoke a fixed penalty notice by giving notice to the person to whom it was given.
(7) The Secretary of State may not impose more than one fixed penalty in respect of an eligibility verification notice except a periodic eligibility verification notice.
(8) In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one fixed penalty in respect of each specified interval.
Daily rate penalty for continuing failure to comply
8 (1) The Secretary of State may impose a penalty (a “daily rate penalty”) on a person if—
(a) a fixed penalty has been imposed on the person in relation to a failure to comply with an eligibility verification notice, and
(b) the Secretary of State considers that the person’s failure to comply without reasonable excuse is continuing.
(2) The Secretary of State imposes a daily rate penalty by giving the person a notice of the penalty (a “daily rate penalty notice”).
(3) A daily rate penalty notice must state—
(a) the reason for the penalty,
(b) the daily rate of the penalty, and
(c) that the penalty will be payable in relation to each day by the end of which the person has failed to comply with the eligibility verification notice or such earlier date as may be specified or described in the notice.
(4) The daily rate of a daily rate penalty may not exceed £40.
(5) The Secretary of State may vary or revoke a daily rate penalty notice by giving notice to the person to whom it was given.
(6) The Secretary of State may not impose more than one daily rate penalty in respect of an eligibility verification notice except a periodic eligibility verification notice.
(7) In the case of a periodic eligibility verification notice, the Secretary of State may not impose more than one daily rate penalty in respect of each specified interval.
Increased daily rate penalties
9 (1) This paragraph applies if—
(a) a daily rate penalty is imposed on a person,
(b) the failure to which the penalty relates continues for more than 30 days beginning with the first day on which the daily rate penalty is payable, and
(c) the person has been notified that the Secretary of State may apply for an increased daily rate penalty to be payable.
(2) The Secretary of State may make an application to the Tribunal for an increased daily rate penalty to be payable by the person.
(3) If the Tribunal determines that an increased daily rate penalty must be paid, it must determine—
(a) the increased daily rate, and
(b) the date from which the increased rate begins to be payable.
(4) In deciding the increased daily rate, the Tribunal, must, in particular, have regard to—
(a) the likely cost to the person of complying with the eligibility verification notice,
(b) any benefits to the person in not complying with it, and
(c) any benefits to anyone else resulting from the person’s non-compliance.
(5) The Tribunal may not determine a daily rate that exceeds £1,000.
(6) The Secretary of State must notify the person of the Tribunal’s determination.
Penalties for inaccurate or prohibited information
10 (1) The Secretary of State may impose a penalty (an “inaccurate information penalty”) on a person under this paragraph if the Secretary of State considers that—
(a) in complying with an eligibility verification notice, the person has given the Secretary of State inaccurate information, and
(b) condition A, B or C is met.
(2) Condition A is that the inaccuracy was—
(a) deliberate, or
(b) due to a failure, without reasonable excuse, by the person to take reasonable care.
(3) Condition B is that the person—
(a) knew of the inaccuracy at the time of giving the information,
(b) failed to inform the Secretary of State at that time, and
(c) has no reasonable excuse for the failure.
(4) Condition C is that the person—
(a) discovered the inaccuracy some time later,
(b) failed to take reasonable steps to inform the Secretary of State, and
(c) has no reasonable excuse for the failure.
(5) The Secretary of State may impose a penalty (a “prohibited information penalty”) under this paragraph if the person, without reasonable excuse, gives the Secretary of State information in contravention of paragraph 1(5) (transaction information or special category data).
(6) But the Secretary of State may not impose a penalty under this paragraph before giving the person an opportunity to make representations about—
(a) in the case of an inaccurate information penalty, whether or not—
(i) the information is inaccurate;
(ii) condition A, B or C is met;
(b) in the case of a prohibited information penalty, whether or not the person has given information in contravention of paragraph 1(5) without any reasonable excuse.
(7) The Secretary of State imposes a penalty under this paragraph by giving a notice (an “information penalty notice”).
(8) An information penalty notice must state—
(a) the reason for the penalty,
(b) the amount of the penalty, and
(c) the period within which it must be paid.
(9) A penalty under this paragraph may not exceed £3,000.
(10) The Secretary of State may vary or revoke an information penalty notice by giving notice to the person to whom it was given.
Recovery of penalties
11 (1) In England and Wales, a penalty imposed under this Part of this Schedule is recoverable—
(a) if the county court so orders, as if it were payable under an order of that court;
(b) if the High Court so orders, as if it were payable under an order of that court.
(2) In Scotland, a penalty imposed under this Part of this Schedule may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
Power to change maximum amount of penalties
12 Regulations may amend the amount for the time being specified in paragraph 7(5), 8(4), 9(5) or 10(9) to reflect a change in the value of money.
Part 3 Reviews
13 (1) A person to whom an eligibility verification notice is given may apply to the Secretary of State for a review of the decision to give the notice.
(2) An application under sub-paragraph (1) must be made within the period of 14 days beginning with the day on which the notice is given.
(3) On a review, the Secretary of State may—
(a) revoke the notice,
(b) uphold the notice, or
(c) vary the notice.
(4) After a review has been carried out, the Secretary of State must—
(a) notify the person who applied for the review of the outcome of the review, and
(b) if the outcome was to vary the notice, give the person the varied notice.
(5) Where an application for a review of an eligibility verification notice is made under sub-paragraph (1) —
(a) the notice is of no effect until the application is determined or withdrawn, and
(b) if the notice is upheld or varied, the period for compliance (or the first period for compliance in the case of a periodic eligibility verification notice) begins with the day on which the outcome of the review is notified to the person to whom the eligibility verification notice was given.
Part 4 Appeals
Appeals against eligibility verification notices
14 (1) A person who is given an eligibility verification notice may appeal to the Tribunal against the notice on any of the following grounds—
(a) the person is not a person to whom an eligibility verification notice may be given;
(b) the notice is not in accordance with this Schedule;
(c) it is unduly onerous to comply with the notice.
(2) An appeal under sub-paragraph (1) may not be brought after the end of—
(a) the period of 14 days beginning with—
(i) the day on which the eligibility verification notice was given, or
(ii) if the person seeks a review of the notice under paragraph 13, the day on which the person is notified of the outcome of the review, or
(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(3) On an appeal under sub-paragraph (1), the Tribunal may—
(a) amend the eligibility verification notice,
(b) revoke the eligibility verification notice, or
(c) dismiss the appeal.
(4) Where an appeal under sub-paragraph (1) is brought against an eligibility verification notice the notice is of no effect until the appeal is determined or withdrawn, unless the Tribunal orders otherwise.
Appeals against penalty notices
15 (1) A person on whom a penalty is imposed under Part 2 of this Schedule may appeal to the Tribunal against—
(a) the penalty;
(b) the amount of the penalty;
(c) in the case of a daily rate penalty, the period during which the daily amounts are payable.
(2) But a person may not appeal against a decision of the Tribunal to increase a daily rate penalty under paragraph 9.
(3) An appeal under sub-paragraph (1) may not be brought after the end of—
(a) the period of 30 days beginning with the date on which the penalty notice in relation to the penalty being appealed was given, or
(b) such longer period (if any) as the Tribunal considers reasonable in all the circumstances.
(4) On an appeal under sub-paragraph (1), the Tribunal may—
(a) revoke the decision to impose the penalty;
(b) amend the amount of the penalty;
(c) amend the period within which all or part of the penalty is to be paid;
(d) dismiss the appeal.
(5) If an appeal is brought under sub-paragraph (1), the penalty which is the subject of the appeal is not payable until the appeal is determined or withdrawn.
Appeals: further provision
16 (1) If the Tribunal confirms or varies an eligibility verification notice or the imposition of a penalty on an appeal under this Part of this Schedule, the person to whom the notice was given, or on whom the penalty was imposed, must comply with the notice or pay the penalty—
(a) within such period as may be specified by the Tribunal, or
(b) if the Tribunal does not specify a period, within such period as may be specified by the Secretary of State and notified to the person.
(2) A decision by the Tribunal on an appeal under this Part of this Schedule is final (despite the provisions of sections 11 and 13 of the Tribunals, Courts and Enforcement Act 2007).
Part 5 Code of practice
Requirement to issue a code of practice
17 (1) The Secretary of State must issue a code of practice about eligibility verification notices before giving the first such notice under this Schedule.
(2) The code of practice must include provision about—
(a) the exercise of the power to issue an eligibility verification notice;
(b) the processing, use and retention of information given in response to an eligibility verification notice;
(c) the circumstances in which the Secretary of State will regard a person as having complied with an eligibility verification notice;
(d) the imposition of penalties in relation to an eligibility verification notice;
(e) reviews under paragraph 13.
(3) Before issuing the code of practice, the Secretary of State must carry out a public consultation on a draft of the code.
(4) The Secretary of State must lay the code of practice before Parliament.
(5) The requirement in sub-paragraph (3) may be satisfied by public consultation carried out before this paragraph comes into force.
Code of practice: revisions
18 (1) The Secretary of State may from time to time revise and re-issue the code of practice issued under paragraph 17.
(2) Paragraph 17(3)and (4) apply in relation to a re-issue of a code of practice as they apply in relation to the issue of the first code of practice.
(3) But paragraph 17(3) does not apply if the only changes to be made to the code of practice are—
(a) updates to references to legislation or documents which have become out of date, or
(b) in the opinion of the Secretary of State, other minor corrections.
Part 6 General provision and interpretation
Relevant benefits
19 (1) In this Schedule “relevant benefit” means any of the following benefits—
(a) universal credit;
(b) employment and support allowance;
(c) state pension credit.
(2) Regulations may amend this paragraph so as to add, or remove, types of benefit to, or from, the definition of “relevant benefit”.
(3) Regulations under sub-paragraph (2) may add a type of benefit only to the extent that the benefit is administered by, or on behalf of, the Secretary of State.
Accounts
20 (1) In this Schedule “relevant account” means a personal account which operates as—
(a) a current account,
(b) a savings account, or
(c) an investment account,
including such an account which operates by reference to electronic money.
(2) For the purposes of sub-paragraph (1)—
(a) “personal account” means an account held by one or more individuals other than an account that is provided for purposes relating to a trade, business or profession;
(b) a current account includes any account—
(i) in which individuals can hold, and from which individuals can withdraw, money, and
(ii) which is designed to allow the holder’s money to be used for executing transactions with third parties,
but does not include credit card accounts or current account mortgages;
(c) “electronic money” has the meaning it has in the Electronic Money Regulations 2011 (S.I. 2011/99) (see regulation 2(1)).
(3) In this Schedule a reference to a person holding an account includes a reference to—
(a) a person holding an account jointly with one or more other persons, and
(b) an account being, in any way, in the person’s name,
and “holder” is to be read accordingly.
(4) Sub-paragraphs (5) to (8) apply for the purposes of this Schedule where an eligibility verification notice is given to a body corporate (“P”).
(5) The reference in paragraph 1(3)(a) to P providing an account includes a reference to another person in the same group as P providing an account if the condition in sub-paragraph (6) is met.
(6) The condition is that P—
(a) is able to identify accounts provided by the other person that are within paragraph 1(3)(b), and
(b) is able to obtain the information about those accounts mentioned in paragraph 1(4).
(7) For the purposes of sub-paragraph (5), two persons are in the same group if both are bodies corporate and—
(a) one of them is a subsidiary of the other, or
(b) both of them are subsidiaries of the same body corporate.
(8) In sub-paragraph (7), “subsidiary” has the meaning given by section 1159 of the Companies Act 2006.
Service
21 In this Schedule, references to giving a notice or other document (however expressed) include sending the notice or document by post.
General interpretation
22 In this Schedule—
“benefit” means—
any relevant social security benefit as defined in section 121DA(7), other than a state pension, and
any payment mentioned in subsection (2)(d) of section 2 of the Employment and Training Act 1973, under arrangements made under that section;
“daily rate penalty” means a penalty imposed under paragraph 8(1);
“eligibility indicators” has the meaning given in paragraph 1(3)(b)(ii) (and see paragraph 3 for conditions that eligibility indicators must meet);
“eligibility verification notice” has the meaning given in paragraph 1(1);
“fixed penalty” means a penalty imposed under paragraph 7(1);
“incorrect payment” , in relation to a benefit, has the meaning given in paragraph 1(9);
“notice” means notice in writing (and “notify” is to be read accordingly);
“periodic eligibility verification notice” has the meaning given in paragraph 4(4);
“personal data” has the same meaning as in the Data Protection Act 2018 (see section 3(2) of that Act);
“processing”, in relation to information, has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act);
“special category data” means the types of personal data the processing of which is prohibited (to any extent) from time to time under Article 9 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
“specified” means specified or described in an eligibility verification notice, unless the context requires otherwise;
“state pension” means—
a state pension under Part 1 of the Pensions Act 2014;
a retirement pension, including a Graduated Retirement Benefit, under Part 2 or 3 of the Social Security Contributions and Benefits Act 1992;
a shared additional pension under Part 2 of that Act;
“transaction information”, in relation to an account, means information which—
may enable the identification of the subject matter or the amount of a transaction completed through the account, or
may enable the identification of a party to such a transaction who is not a holder of the account,
but does not include information which relates to the payment of a relevant benefit into the account;
“the Tribunal” means the First-tier Tribunal.
Relationship with other powers
23 Nothing in this Schedule limits the powers conferred on the Secretary of State by sections 109B and 109BZA (powers to require information) (but this is subject to paragraph 5).
SCHEDULE 4 Persons employed in social security administration or adjudication
Section 123
Part I The specified persons
Government departments
A civil servant in—
the Department for Work and Pensions;
the Ministry of Justice.
The Ministry of Defence
Other public departments and offices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A civil servant in the Scottish Administration or the Scottish Courts Administration.
Local authorities etc
A member, officer or employee of an authority administering housing benefit or council tax benefit.
A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person.
A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit.
A member, officer or employee of a county council in England who exercises—
any function conferred on the county council by regulations made under section 7A of this Act;
any function in connection with a relevant purpose within the meaning of section 7B(3) of this Act.
A person authorised to exercise any such function of such a county council or an employee of such a person.
Adjudication officers
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjudicating bodies
The clerk to, or other officer or member of the staff of, any of the following bodies—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a Pensions Appeal Tribunal constituted under the Pensions Appeal Tribunals Act 1943.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Occupational Pensions Board
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Former officers
An officer or other member of the staff of—
the former Supplementary Benefits Commission;
the former National Assistance board;
the former Attendance Allowance Board.
A benefit officer.
An insurance officer.
A supplement officer.
A Chief Adjudication Officer.
An adjudication officer.
A social fund officer.
The social fund Commissioner.
A social fund inspector.
A member of any staff employed in connection with the social fund.
A clerk to, or other officer or member of the staff of, the former social security appeal tribunal, the former disability appeal tribunal or the former medical appeal tribunal.
The clerk to, or other officer or member of the staff of, an appeal tribunal.
The clerk to, or other officer or member of the staff of, a Pensions Appeal Tribunal for England and Wales.
Part II Construction of references to government departments etc.
1 The reference in Part 1 of this Schedule to the Department for Work and Pensions is a reference to that Department only to the extent that the functions carried out in it relate to social security, to the investigation or prosecution of offences relating to tax credits, to child support or to occupational or personal pension schemes.
1A The reference in Part 1 of this Schedule to the Department for Work and Pensions includes a reference to—
(a) the former Department of Social Security,
(b) the former Department for Education and Employment, to the extent that the functions carried out in it related to a jobseeker's allowance or to unemployment benefit or income support or to the former supplementary benefit,
(c) the former Department of Health and Social Security, to the extent that the functions carried out in it related to social security or to occupational or personal pension schemes or to war pensions,
(d) the former Ministry of Pensions and National Insurance,
(e) the former Ministry of Social Security and
(f) any other former government department, to the extent that the functions carried out in related to social security or to occupational or personal pensions or to war pensions,
and paragraph 1 above does not apply for the purposes of this paragraph.
1B The reference in Part 1 of this Schedule to the Scottish Administration is a reference to that Administration only to the extent that the functions carried out by persons in its employ—
(a) relate to social security, or
(b) are, or are connected with, functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 Any reference in Part I of this Schedule to the Ministry of Justice ... or or the Scottish Courts Administration is a reference to that Ministry or Administration only to the extent that the functions carried out by persons in its employ are, or are connected with—
(a) functions of the First-tier Tribunal or Upper Tribunal which relate to social security or to occupational or personal pension schemes or to war pensions or functions of the Chief, or any other, Social Security Commissioner; ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3ZA. Any reference in Part 1 of this Schedule to the Ministry of Justice includes a reference to—
(a) the former Lord Chancellor’s Department, and
(b) the former Department of Constitutional Affairs,
to the extent that the functions carried out by persons in its employ were, or were connected with, functions of the Chief, or any other, Social Security Commissioner (and paragraph 3 above does not apply for the purposes of this paragraph).
3A The reference in Part 1 of this Schedule to the Ministry of Defence is a reference to it only to the extent that the functions carried out in it relate to war pensions.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this Part of this Schedule “war pension” has the meaning given by section 25(4) of the Social Security Act 1989.
Section 170
1 The Committee shall consist of a chairman appointed by the Secretary of State and not less than 10 nor more than 13 other members so appointed.
2 (1) Each member of the Committee shall be appointed to hold office for such a period of not more than 5 years, nor less than 3 years, as the Secretary of State shall determine.
(2) The Secretary of State may, at any time before the expiration of the term of office of any member, extend or further extend that member's term of office; but no one extension shall be for a period of more than 5 years from the date when the term of office would otherwise expire.
(3) Any member—
(a) shall be eligible for reappointment from time to time on or after the expiration of his term of office;
(b) may by notice in writing to the Secretary of State resign office at any time, while remaining eligible for reappointment.
3 (1) Of the members of the Committee (other than the chairman) there shall be appointed—
(a) one after consultation with organisations representative of employers;
(b) one after consultation with organisations representative of workers; and
(c) one after consultation with the head of the Northern Ireland Department;
and the Committee shall include at least one person with experience of work among, and of the needs of, the chronically sick and disabled.
(2) In selecting a person with such experience regard shall be had to the desirability of having a chronically sick or disabled person.
(4) The Secretary of State may remove a member of the Committee on the ground of incapacity or misbehaviour.
5 The Secretary of State shall appoint a secretary to the Committee and may appoint such other officers and such servants to the Committee, and there shall be paid to them by the Secretary of State such salaries and allowances, as the Secretary of State may with the consent of the Treasury determine.
6 The expenses of the Committee to such an amount as may be approved by the Treasury shall be paid by the Secretary of State.
7 There may be paid as part of the expenses of the Committee—
(a) to all or any of the mdmbers of the Committee, such salaries or other remuneration and travelling and other allowances; and
(b) to persons attending its meetings at the request of the Committee, such travelling and other allowances (including compensation for loss of remunerative time),
as the Secretary of State may with the consent of the Treasury determine.
8 (1) The Secretary of State may pay or make provision for paying, to or in respect of any member of the Committee, such sums by way of pensions, superannuation allowances and gratuities as the Secretary of State may determine with the consent of the Treasury.
(2) Where a person ceases to be a member of the Committee otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for the person to receive compensation the Secretary of State may make to him a payment of such amount as the Secretary of State may determine with the consent of the Treasury.
9 The Committee may act notwithstanding any vacancy among the members.
10 The Committee may make rules for regulating its procedure (including the quorum of the Committee).
Section 171
1 (1) The Council shall consist of a chairman appointed by the Secretary of State and such number of other members so appointed as the Secretary of State may determine.
(2) The members other than the chairman shall include an equal number of persons appointed by the Secretary of State, after consultation with such organisations as he thinks fit, to represent employers and employed earners respectively.
2 (1) The Secretary of State may pay—
(a) to the chairman and other members of the Council, such salaries or other remuneration;
(b) to persons who are not members of the Council but who at the Council's invitation are joined with its members as advisers at a Council meeting or a meeting of any committee of the Council held to consider questions on which they are specially qualified, such fees; and
(c) to the chairman and other members of the Council and to persons attending meetings at the Council's request or attending meetings of any committee of the Council at the Council's or committee's request, such expenses and travelling and other allowances,
as the Secretary of State may with the consent of the Treasury determine.
(2) Any payment under paragraph (a) of sub-paragraph (1) above may be made either in lieu of or in addition to any payment to the recipient under paragraph (c) of that sub-paragraph.
(3) Any payment under sub-paragraph (1)(b) above may be made either in lieu of or in addition to any expenses or travelling or other allowances payable to the recipient apart from that sub-paragraph.
SCHEDULE 7 Regulations not requiring prior submission
Section 172
Part I Social Security Advisory Committee
Personal independence payment
A1 Regulations under section 78(3) or 79(3) of the Welfare Reform Act 2012.
Disability living allowance
1 Regulations under section 72(3) or 73(10) of the Contributions and Benefits Act.
Industrial Injuries
2 Regulations relating only to industrial injuries benefit.
Up-rating etc
3 Regulations contained in a statutory instrument which states that it contains only provisions in consequence of an order under one or more of the following provisions—
(a) section 141, 143, ... or 145 above;
(b) section 150 or 150A above.
Benefit cap
3A Regulations under section 96A of the Welfare Reform Act 2012.
Earnings limits
4 Regulations contained in a statutory instrument which states that it contains only regulations to make provision consequential on regulations under section 5 of the Contributions and Benefits Act.
Married women and widows – reduced rate contributions
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Child benefit
6 Regulations prescribing the rate or any of the rates of child benefit in Great Britain.
7 Regulations varying social security benefits following an increase of the rate or any of the rates of child benefit in Great Britain.
Statutory maternity pay and statutory sick pay
8 Regulations under section ... 167 of the Contributions and Benefits Act.
Procedural rules for tribunals
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Consolidation
10 Regulations made for the purpose only of consolidating other regulations revoked by them.
Part II Industrial Injuries Advisory Council
11 Regulations under section 121(1)(b) of the Contributions and Benefits Act.
12 Regulations contained in a statutory instrument which states that it contains only provision in consequence of an order under section 141, 143, ... , 150 or 150A above.
13 Regulations contained in a statutory instrument made within a period of 6 months from the date of any Act passed after this Act and directed to be construed as one with this Act, where the statutory instrument states that it contains only regulations to make provision consequential on the passing of the Act, and the Act does not exclude this paragraph in respect of the regulations.
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15 Regulations contained in a statutory instrument which states that it contains only regulations making with respect to industrial injuries or its administration the same or substantially the same provision as has been, or is to be, made with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.
16 Regulations contained in a statutory instrument which states that the only provision with respect to industrial injuries benefit or its administration that is made by the regulations is the same or substantially the same as provision made by the instrument with respect to other benefit as defined in section 122(1) of the Contributions and Benefits Act or its administration.
17 Regulations made for the purpose only of consolidating other regulations revoked by them.