Social Security Administration Act 1992

Inspection and offences

110Appointment and powers of inspectors

(1)For the purposes of the Acts to which this section applies the Secretary of State may appoint such inspectors, and pay to them such salaries or remuneration, as he may determine with the consent of the Treasury.

(2)An inspector appointed under this section shall, for the purposes of the execution of those Acts have the following powers—

(a)to enter at all reasonable times any premises liable to inspection under this section;

(b)to make such examination and inquiry as may be necessary—

(i)for ascertaining whether the provisions of the Acts are being, or have been, complied with in any such premises; or

(ii)for investigating the circumstances in which any accident, injury or disease which has given or may give rise to a claim for industrial injuries benefit, or for any benefit which is a relevant benefit, occurred or may have occurred, or was or may have been received or contracted;

(c)to examine, either alone or in the presence of any other person, as he thinks fit, in relation to any matters under the Acts on which he may reasonably require information, every person whom he finds in any such premises or whom he has reasonable cause to believe to be or to have been a person liable to pay—

(i)contributions under Part I of the Contributions and Benefits Act; or

(ii)a state scheme premium; or

(iii)a compensation payment or a relevant payment,

and to require every such person to be so examined;

(d)to exercise such other powers as may be necessary for carrying the Acts into effect.

(3)The premises liable to inspection under this section are any where an inspector has reasonable grounds for supposing that—

(a)any persons are employed; or

(b)there is being carried on any agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; or

(c)a personal or occupational pension scheme is being administered; or

(d)any person—

(i)who is the compensator in relation to any such accident, injury or disease as is referred to in subsection (2)(b)(ii) above; or

(ii)on whose behalf any such compensator has or may have made, or may make, a compensation payment,

carries on business or is to be found,

but do not include any private dwelling-house not used by, or by permission of, the occupier for the purposes of a trade or business.

(4)Every inspector shall be furnished with a certificate of his appointment, and on applying for admission to any premises for the purpose of the Acts shall, if so required, produce the certificate.

(5)Where any premises are liable to be inspected by an inspector or officer appointed or employed by, or are under the control of, some other government department, the Secretary of State may make arrangements with that department for any of the powers or duties of inspectors under this section to be carried out by an inspector or officer employed by that department.

(6)In accordance with this section, persons shall furnish to an inspector all such information, and produce for his inspection all such documents, as he may reasonably require for the purpose of ascertaining—

(a)whether—

(i)any contribution under Part I of the Contributions and Benefits Act; or

(ii)any state scheme premium; or

(iii)any compensation payment or relevant payment,

is or has been payable, or has been duly paid, by or in respect of any person; or

(b)whether benefit is or was payable to or in respect of any person.

(7)The following persons are under the duty imposed by subsection (6) above—

(a)the occupier of any premises liable to inspection under this section;

(b)any person who is or has been an employer or an employee within the meaning of any provision of the Contributions and Benefits Act;

(c)any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services;

(d)any person who is or has at any time been a trustee or manager of a personal or occupational pension scheme;

(e)any person who is or has been liable—

(i)to pay contributions or state scheme premiums; or

(ii)to make any compensation payment or relevant payment;

(f)the servants or agents of any such person as is specified in any of the preceding paragraphs,

but no one shall be required under this section to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

(8)This section applies to the following Acts—

(a)the [1973 c. 38.] Social Security Act 1973;

(b)the Contributions and Benefits Act;

(c)this Act;

(d)the Pensions Act; and

(e)Part I of the 1986 Act.

(9)In this section “relevant benefit” and “relevant payment” mean a relevant benefit and relevant payment within the meaning of Part IV of this Act.

111Delay, obstruction etc. of inspector

(1)If a person—

(a)intentionally delays or obstructs an inspector in the exercise of any power under this Act; or

(b)refuses or neglects to answer any question or to furnish any information or to produce any document when required to do so under this Act,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)Where a person is convicted of an offence under subsection (1)(b) above and the refusal or neglect is continued by him after his conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £40 for each day on which it is continued.

112False representations for obtaining benefit etc

(1)If a person for the purpose of obtaining any benefit or other payment under the legislation to which section 110 above applies whether for himself or some other person, or for any other purpose connected with that legislation—

(a)makes a statement or representation which he knows to be false; or

(b)produces or furnishes, or knowingly causes or knowingly allows to be produced or furnished, any document or information which he knows to be false in a material particular,

he shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) above shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 3 months, or to both.

113Breach of regulations

Regulations and schemes under any of the Acts to which section 110 above applies may provide for contravention of, or failure to comply with, any provision contained in regulations made under that Act to be an offence under that Act and for the recovery, on summary conviction of any such offence, of penalties not exceeding—

(a)for any one offence, level 3 on the standard scale; or

(b)for an offence of continuing any such contravention or failure after conviction, £40 for each day on which it is so continued.

114Offences relating to contributions

(1)If a person fails to pay, at or within the time prescribed for the purpose, any contribution which he is liable under Part I of the Contributions and Benefits Act to pay, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)If a person fails to pay at or within the time prescribed for the purpose any sums which he is required by regulations made by virtue of paragraph 6 of Schedule 1 to the Contributions and Benefits Act to pay, he shall be liable to be proceeded against and punished under subsection (1) above without proof of his failure so to pay any particular contribution.

(3)Subsection (1) above does not apply to Class 4 contributions recoverable by the Inland Revenue.

(4)If a person—

(a)buys, sells or offers for sale, takes or gives in exchange, or pawns or takes in pawn a contribution card or a used contribution stamp; or

(b)affixes a used contribution stamp to a contribution card,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months, or to both.

(5)In any proceedings under subsection (4) above with respect to used stamps a stamp shall be deemed to have been used if it has been affixed to a contribution card or cancelled or defaced in any way whatsoever and whether or not it has actually been used for the payment of a contribution.

(6)In this Act “contribution card” means any card issued under regulations for the purpose of payment of contributions by affixing stamps to it.

115Offences by bodies corporate

(1)Where an offence under this Act which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against accordingly.

(2)Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.