Social Security Administration Act 1992

Part XVIU.K.General

Subordinate legislationU.K.

189Regulations and orders—generalU.K.

(1)Subject to F1... [F2any provision providing for an order or regulations to be made by the Treasury or the Inland Revenue and to] any F3... express provision of this Act, regulations and orders under this Act shall be made by the Secretary of State.

F4(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Powers under this Act to make regulations or orders are exercisable by statutory instrument [F5(subject to section 24(6B))].

(4)Except in the case of regulations under section F6... F7... 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 F8... 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.

[F9(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 [F10sections 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.

[F11(7)Any power conferred by this Act to make orders or regulations relating to housing benefit or [F12council tax benefit] shall include power to make different provision for different areas [F13or different authorities].]

[F14[F11(7A)Without prejudice to the generality of any of the preceding provisions of this section, regulations under any of sections 2A to [F152F] 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 [F16[F17140B, 140C]] 150, [F18150A,] 152, [F19165(4)(a)] or 169 above F20... shall not be made [F21by 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 [F22sections 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.

F23(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)A power under [F24section 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.

190Parliamentary control of orders and regulationsU.K.

(1)Subject to the provision of this section, a statutory instrument containing (whether alone or with other provisions)—

[F25(zza)an order under section 115A(3B);]

[F26(zzb)regulations under section 115C(2) or 115D(1) or (2);]

[F27(za)regulations under section 132A(4);]

(a)an order under section 141, 143 F28... , 145, F29... , 150, [F30150A,] [F31151A,] 152, or 162(7) above;

[F32(aza)any order containing provision adding any person to the list of persons falling within section 109B(2A) above;]

[F33(aa)the first regulations to be made under section 2A;]or

[F34(ab)the first regulations to be made under section 2AA;]

(b)regulations under section F35... [F36122B(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 [F37, 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.

F38(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SupplementaryU.K.

191Interpretation—generalU.K.

In this Act, unless the context otherwise requires—

• “the 1975 Act” means the M1Social Security Act 1975;

• “the 1986 Act” means the “ M2Social Security Act 1986”;

• “benefit” means benefit under the Contributions and Benefits Act [F39and includes [F40universal credit,] [F41state pension under Part 1 of the Pensions Act 2014,] a jobseeker's allowance] [F42state pension credit, an employment and support allowance [F43, personal independence payment and bereavement support payment under section 30 of the Pensions Act 2014]];

• [F44[F45 “billing authority” has the same meaning as in Part I of the M3Local 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)

  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;

  (b)

  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—

  (a)

  an applicant for a declaration under [F46section 29 of the Social Security Act 1998] that an accident was or was not an industrial accident; and

  (b)

  in relation to an award or decision, a beneficiary under the award or affected by the decision;

• F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F48. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Consequential Provisions Act” means the M4Social Security (Consequential Provisions) Act 1992;

• [F49“contribution” means a contribution under Part I of the Contributions and Benefit Act;]

• [F50“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 M5Social Security (Contributions and Benefits) Act 1992;

• [F51“contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

• [F44[F52“council tax benefit Scheme” shall be construed in accordance with section 139(1) above;]]

• “disablement benefit” is to be construed in accordance with section 94(2)(a) of the Contributions and Benefits Act;

• F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “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;

• [F54“financial year” has the same meaning as in the Local Government Finance Act 1992;]

• F53. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “housing authority” means a local authority [F55or a new town corporation];

• “housing benefit scheme” is to be construed in accordance with section 134(1) above;

• [F56“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Act 1995;]

• “income-related benefit” means—

  (a)

  income support;

  (b)

  F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (c)

  F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (d)

  housing benefit; and

  (e)

  [F58council tax benefit];

• [F59“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;

• [F60“Inland Revenue” means the Commissioners of Inland Revenue]

• F61. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F62. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “local authority” means—

  (a)

  in relation to England F63... , the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;

  (aa)

  [F64in relation to Wales, the council of a county or county borough;] and

  (b)

  in relation to Scotland [F65a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994];

  “medical examination” includes bacteriological and radiographical tests and similar investigations, and “medically examined” has a corresponding meaning; “medical practitioner” means—

  (a)

  a registered medical practitioner; or

  (b)

  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;

• [F66“money purchase contracted-out scheme” is to be construed in accordance with [F67section 7B] of the Pensions Act;]

• “new town corporation” means—

  (a)

  [F68in relation to England—

  (i)

  a development corporation established under the New Towns Act 1981; or

  (ii)

  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;

  (iii)

  [F69the Greater London Authority so far as exercising its new towns and urban development functions;]

  (ab)

  in relation to Wales—

  (i)

  a development corporation established under the New Towns Act 1981; and

  (ii)

  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

  (b)

  in relation to Scotland, a development corporation established under the M6New Towns (Scotland) Act 1968;

• [F70“the Northern Ireland Department” means the Department for Social Development but—

  (a)

  in section 122 and sections 122B to 122E also includes the Department of Finance and Personnel; and

  (b)

  in sections 121E, 121F, 122, 122ZA, 122C and 122D also includes the Department for Employment and Learning;]

• “the Northern Ireland Administration Act” means the M7Social Security (Northern Ireland) Administration Act 1992;

• “occupational pension scheme” has the same meaning as in [F71section 1] of the Pensions Act;

• “the Old Cases Act” means the M8Industrial Injuries and Diseases (Old Cases) Act 1975;

• “Old Cases payments” means payments under Part I of Schedule 8 to the Contributions and Benefits Act;

• [F72“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 [F73Pension Schemes Act 1993];

• “personal pension scheme” has the meaning assigned to it by [F74section 1 of the Pensions Act and “appropriate”, in relation to such a scheme, shall be construed in accordance with [F75section 7B(6)] of that Act]

• “prescribe” means prescribe by regulations [F76and “prescribed” must be construed accordingly];

• F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F78... “rent rebate” and “rent allowance” shall be construed in accordance with section 134 above;

• F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F80“state pension credit” means state pension credit under the State Pension Credit Act 2002;]

• “tax year” means the 12 months beginning with 6th April in any year;

• F81. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• [F82“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.

192Short title, commencement and extentU.K.

(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—

• F83...

• F84...

• [F85section 132A (and sections 189 and 190, but only for the purposes of regulations under section 132A);]

• section 170 (with Schedule 5);

• [F86section 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.