Section 164 Destination of repayments etc

United Kingdom

(1)

Subject to F1section 38 of the Jobseekers Act 1995F2, section 27 of the Welfare Reform Act 2007 and to the following provisions of this section, so far as it relates to payments out of money provided by Parliament, any sum recovered by the Secretary of State under or by virtue of this Act shall be paid into the Consolidated Fund.

(2)

So far as any such sum relates to a payment out of the National Insurance Fund, it shall be paid into that Fund.

(3)

So far as any such sum relates to a payment out of the social fund, it shall be paid into that fund.

(4)

Sums repaid by virtue of paragraph 1(4)(e) of Schedule 9 to this Act as it has effect for the purposes of schemes under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act shall be paid into the Consolidated Fund.

(5)

There shall be paid into the National Insurance Fund—

F3(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

sums recovered by the Secretary of State by virtue of a scheme under paragraph 2 or 4 of Schedule 8 to the Contributions and Benefits Act making provision by virtue of paragraph 4 of Schedule 9 to this Act.

(6)

Any sums F4recovered by the Secretary of State under section 15A aboveF5... shall be paid—

(a)

into the Consolidated Fund, to the extent that the Secretary of State estimates that those sums relate to payments out of money provided by Parliament; and

(b)

into the National Insurance Fund, to the extent that he estimates that they relate to payments out of that Fund.

F6(7)

Any sums repaid to the Secretary of State in pursuance of section 119(1) of the 1975 Act (which related to the effect of adjudication and was repealed subject to a saving in relation to certain reviews and appeals) shall—

(a)

be paid by him into the Consolidated Fund in so far as they represent benefit which under section 163 above is payable out of money provided by Parliament and not out of the National Insurance Fund; and

(b)

otherwise, be paid by him into that Fund.

F7(7)

Any sums received by the Secretary of State under regulations made by virtue of section 15A(2)(b) above shall be paid into the Consolidated Fund.

F8(8)

All penalties recovered by the Secretary of State under section 115A F9or 115B above shall be paid into the Consolidated Fund.

Annotations

Textual amendments

F1: Words in s. 164(1) inserted (7.10.96) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 65; S.I. 1996/2208, art. 2(b)
F2: Words in s. 164(1) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(25); S.I. 2008/787, art. 2(4)(f)
F3: S. 164(5)(a) repealed (5.7.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 101; S.I. 1999/1958, art. 2(1)(b), Sch. 1 (with art. 3); S.I. 1999/3178, art. 2(1)(a), Sch. 1
F4: Words in s. 164(6) substituted (1.7.1992) by Social Security (Mortgage Interest Payments) Act 1992 (c. 33), Sch. para 2(1)
F5: Words in s. 164(6) omitted (6.10.1997) by virtue of Social Security (Recovery of Benefits) Act 1997 (c. 27), s. 34(2), Sch. 3 para. 7, Sch. 4; S.I. 1997/2085, art. 2(2)
F6: First s. 164(7) inserted (1.7.1992 until a day to be appointed) by Social Security (Consequential Provisions) Act 1992 (c. 6), s. 6, Sch. 4 paras. 1, 19
F7: Second s. 164(7) added (1.7.1992) by Social Security (Mortgage Interest Payments) Act 1992 (c. 33), Sch. para 2(2)
F8: S. 164(8) inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 8; S.I. 1997/1577, art. 2, Sch.
F9: Words in s. 164(8) inserted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 15(2), 20(1); S.I. 2002/1222, art. 2(f)