Office of Public Sector Information
In section 112 of the [1992 c. 5.] Social Security Administration Act 1992 (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation), after subsection (1) insert—
“(1A) If a person without reasonable excuse—
(a) fails to notify a change of circumstances which regulations under this Act require him to notify; or
(b) knowingly causes or knowingly allows another person to fail to notify a change of circumstances which such regulations require the other person to notify,
and he knows that he, or the other person, is required to notify the change of circumstances, he shall be guilty of an offence.”
After section 115 of the Social Security Administration Act 1992 insert—
(1) This section applies where an overpayment is recoverable from a person by, or due from a person to, the Secretary of State or an authority under or by virtue of section 71, 71A, 75 or 76 above and it appears to the Secretary of State or authority that—
(a) the making of the overpayment was attributable to an act or omission on the part of that person; and
(b) there are grounds for instituting against him proceedings for an offence (under this Act or any other enactment) relating to the overpayment.
(2) The Secretary of State or authority may give to the person a written notice—
(a) stating that he may be invited to agree to pay a penalty and that, if he does so in the manner specified by the Secretary of State or authority, no such proceedings will be instituted against him; and
(b) containing such information relating to the operation of this section as may be prescribed.
(3) The amount of the penalty shall be 30 per cent. of the amount of the overpayment (rounded down to the nearest whole penny).
(4) If the person agrees in the specified manner to pay the penalty—
(a) the amount of the penalty shall be recoverable by the same methods as those by which the overpayment is recoverable; and
(b) no proceedings will be instituted against him for an offence (under this Act or any other enactment) relating to the overpayment.
(5) The person may withdraw his agreement to pay the penalty by notifying the Secretary of State or authority, in the manner specified by the Secretary of State or authority, at any time during the period of 28 days beginning with the day on which he agrees to pay it; and if he does so—
(a) so much of the penalty as has already been recovered shall be repaid; and
(b) subsection (4)(b) above shall not apply.
(6) Where, after the person has agreed to pay the penalty, it is decided on a review or appeal or in accordance with regulations that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid.
(7) Where, after the person has agreed to pay the penalty, the amount of the overpayment is revised on a review or appeal or in accordance with regulations—
(a) so much of the penalty as has already been recovered shall be repaid; and
(b) subsection (4)(b) above shall no longer apply by reason of the agreement;
but if a new agreement is made under this section in relation to the revised overpayment, the amount already recovered by way of penalty, to the extent that it does not exceed the amount of the new penalty, may be treated as recovered under the new agreement instead of being repaid.
(8) In this section “overpayment” means—
(a) a payment which should not have been made;
(b) a sum which the Secretary of State should have received;
(c) an amount of benefit paid in excess of entitlement; or
(d) an amount equal to an excess of benefit allowed;
and the reference in subsection (1)(a) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit.”
In section 75 of the [1992 c. 5.] Social Security Administration Act 1992 (recovery of overpayments of housing benefit), after subsection (4) insert—
“(5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—
(a) from prescribed benefits to which he is entitled;
(b) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or
(c) from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.
(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.
(7) Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits—
(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court; and
(b) if he resides in Scotland, it 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.”
(1) In section 30 of the Social Security Administration Act 1992 (reviews of decisions about attendance allowance, disability living allowance or disability working allowance), after subsection (7) insert—
“(7A) The Secretary of State may undertake investigations to obtain information and evidence for the purposes of making applications under subsection (7) above.”
(2) In section 32(4)(b) of that Act (consideration on review of questions about component for life where information is available to give grounds for believing it ought not to continue), for “information is available to the adjudication officer” substitute “there has been supplied to the adjudication officer by the Secretary of State, or is otherwise available to him, information”.
After section 57 of the [1992 c. 5.] Social Security Administration Act 1992 insert—
Regulations may make provision—
(a) enabling the Secretary of State to require a person to whom attendance allowance or disability living allowance has been awarded to submit to medical examination in prescribed circumstances;
(b) for withholding payments of benefit in prescribed circumstances where a person has failed to submit himself to a medical examination to which he has been required to submit in accordance with regulations under paragraph (a) above; and
(c) for the subsequent making in prescribed circumstances of payments withheld in accordance with regulations under paragraph (b) above.”
In section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim), after subsection (1) insert—
“(1A) No person whose entitlement to any benefit depends on his making a claim shall be entitled to the benefit unless subsection (1B) below is satisfied in relation both to the person making the claim and to any other person in respect of whom he is claiming benefit.
(1B) This subsection is satisfied in relation to a person if—
(a) the claim is accompanied by—
(i) a statement of the person’s national insurance number and information or evidence establishing that that number has been allocated to the person; or
(ii) information or evidence enabling the national insurance number that has been allocated to the person to be ascertained; or
(b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
(1C) Regulations may make provision disapplying subsection (1A) above in the case of—
(a) prescribed benefits;
(b) prescribed descriptions of persons making claims; or
(c) prescribed descriptions of persons in respect of whom benefit is claimed,
or in other prescribed circumstances.”
(1) After section 182 of the [1992 c. 5.] Social Security Administration Act 1992 insert—
(1) A social security authority may require—
(a) the Post Office; or
(b) any other person who conveys postal packets,
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 Post Office or other person conveying them, 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 the [1953 c. 36.] Post Office Act 1953.
(6) Any requirement imposed under subsection (1) above has effect subject to any order under—
(a) section 371 of the [1986 c. 45.] Insolvency Act 1986 or Article 342 of the [S.I. 1989/2405 (N.I.19).] Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt’s letters to trustee in bankruptcy);
(b) paragraph 10 of Schedule 1 to the [1974 c. 47.] Solicitors Act 1974 or paragraph 15 of Schedule 1 to the [S.I. 1976/582 (N.I.12).] Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or
(c) paragraph 10 of Schedule 5 to the [1985 c. 61.] Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”
(2) After section 158 of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 insert—
(1) A social security authority may require—
(a) the Post Office; or
(b) any other person who conveys postal packets,
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 Department 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 Department;
(b) the Housing Executive;
(c) the Secretary of State; or
(d) any local or other authority administering housing benefit or council tax benefit (other than the 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 Post Office or other person conveying them, 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 the [1953 c. 36.] Post Office Act 1953.
(6) Any requirement imposed under subsection (1) above has effect subject to any order under—
(a) Article 342 of the [S.I. 1989/2405 (N.I.19).] Insolvency (Northern Ireland) Order 1989 or section 371 of the [1986 c. 45.] Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);
(b) paragraph 15 of Schedule 1 to the [S.I. 1976/582 (N.I.12).] Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the [1974 c. 47.] Solicitors Act 1974 (redirection of letters following intervention by Law Society); or
(c) paragraph 10 of Schedule 5 to the [1985 c. 61.] Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”
(1) After section 182A of the [1992 c. 5.] Social Security Administration Act 1992 (inserted by section 20(1)) insert—
(1) The Secretary of State or the Northern Ireland Department may require the Post Office or any other person who conveys postal packets 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 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 the Northern Ireland Housing Executive) may require the Post Office or any other person who conveys postal packets 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 [1995 c. 18.] Jobseekers Act 1995 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) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the Post Office or other person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
(8) In this section “postal packet” has the same meaning as in the [1953 c. 36.] Post Office Act 1953.”
(2) After section 158A of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (inserted by section 20(2)) insert—
(1) The Department or the Secretary of State may require the Post Office or any other person who conveys postal packets to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Department or the Secretary of State—
(a) for 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) The Housing Executive or any other local or other authority administering housing benefit or council tax benefit may require the Post Office or any other person who conveys postal packets 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 Department 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 [S.I. 1995/2705 (N.I.15).] Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain 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) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the Post Office or other person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
(8) In this section “postal packet” has the same meaning as in the [1953 c. 36.] Post Office Act 1953.”
Schedule 1 (minor and consequential amendments) and Schedule 2 (repeals) have effect.
(1) Sections 1(1), 2(1), 3 to 19, 20(1) and 21(1) do not extend to Northern Ireland.
(2) Sections 1(2), 2(2), 20(2) and 21(2) and subsections (4) and (5) of this section extend only to Northern Ireland.
(3) Section 22 and the Schedules have the same extent as the enactments which they amend or repeal.
(4) An Order in Council under paragraph 1(1)(b) of Schedule 1 to the [1974 c. 28.] Northern Ireland Act 1974 (legislation for Northern Ireland in the interim period) which contains a statement that it is made only for relevant purposes—
(a) shall not be subject to paragraph 1(4) and (5) of that Schedule (affirmative resolution of both Houses of Parliament), but
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In subsection (4) “relevant purposes” means purposes corresponding to those of any of sections 3 to 9 and 11 to 19 or of so much of section 22 and the Schedules as does not extend to Northern Ireland.
(1) There shall be paid out of money provided by Parliament—
(a) any expenditure of a Minister of the Crown or government department incurred in consequence of this Act, and
(b) any increase attributable to this Act in the sums payable out of money provided by Parliament under any other Act.
(2) Any sum received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.
(1) Sections 1 to 22 and the Schedules shall not come into force until such day as the Secretary of State may by order made by statutory instrument appoint.
(2) Different days may be appointed for different purposes.
(3) An order under this section may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate for the purposes of, or in connection with, the provisions to which it applies.
(4) An order under this section may provide that a provision of this Act is to come into force only in relation to an area specified in the order.
(5) Nothing in section 13 or 14 applies in relation to any act or omission occurring before the section comes into force.
(6) An order which provides that section 15 is to come into force only in relation to a specified area may also provide that (unless continued in force by a subsequent order) that section is to remain in force there only for a period specified in the order; and an order which so provides may include such transitional provisions, consequential provisions or savings as the Secretary of State considers appropriate in relation to that section’s ceasing to be in force in relation to that area at the end of that period.
(7) Section 15 does not apply in relation to an act or omission occurring in an area at a time when that section is not in force in relation to that area.
This Act may be cited as the Social Security Administration (Fraud) Act 1997.
Social Security Administration (Fraud) Act 1997