Section 109A — Social Security Administration Act 1992: Authorisations for investigators

Authorisations for investigators 109A 1 An individual who for the time being has the Secretary of State's authorisation for the purposes of this Part shall be entitled, for any one or more of the purposes mentioned in subsection (2) below, to exercise any of the powers which are conferred on an authorised officer by sections 109B and 109C below.

2 Those purposes are—

a ascertaining in relation to any case whether a benefit is or was payable in that case in accordance with any provision of the relevant social security legislation;

b investigating the circumstances in which any accident, injury or disease which has given rise, or may give rise, to a claim for—

i industrial injuries benefit, or ii any benefit under any provision of the relevant social security legislation, occurred or may have occurred, or was or may have been received or contracted;

c ascertaining whether provisions of the relevant social security legislation are being, have been or are likely to be contravened (whether by particular persons or more generally);

d preventing, detecting and securing evidence of the commission (whether by particular persons or more generally) of benefit offences.

3 An individual has the Secretary of State's authorisation for the purposes of this Part if, and only if, the Secretary of State has granted him an authorisation for those purposes and he is—

a an official of a Government department;

b an individual employed by an authority administering housing benefit or council tax benefit;

c an individual employed by an authority or joint committee that carries out functions relating to housing benefit or council tax benefit on behalf of the authority administering that benefit; or d an individual employed by a person authorised by or on behalf of any such authority or joint committee as is mentioned in paragraph (b) or (c) above to carry out functions relating to housing benefit or council tax benefit for that authority or committee.

4 An authorisation granted for the purposes of this Part to an individual of any of the descriptions mentioned in subsection (3) above—

a must be contained in a certificate provided to that individual as evidence of his entitlement to exercise powers conferred by this Part;

b may contain provision as to the period for which the authorisation is to have effect;

and c may restrict the powers exercisable by virtue of the authorisation so as to prohibit their exercise except for particular purposes, in particular circumstances or in relation to particular benefits or particular provisions of the relevant social security legislation.

5 An authorisation granted under this section may be withdrawn at any time by the Secretary of State.

6 Where the Secretary of State grants an authorisation for the purposes of this Part to an individual employed by a local authority, or to an individual employed by a person who carries out functions relating to housing benefit or council tax benefit on behalf of a local authority—

a the Secretary of State and the local authority shall enter into such arrangements (if any) as they consider appropriate with respect to the carrying out of functions conferred on that individual by or in connection with the authorisation granted to him;

and b the Secretary of State may make to the local authority such payments (if any) as he thinks fit in respect of the carrying out by that individual of any such functions.

7 The matters on which a person may be authorised to consider and report to the Secretary of State under section 139A below shall be taken to include the carrying out by any such individual as is mentioned in subsection (3)(b) to (d) above of any functions conferred on that individual by virtue of any grant by the Secretary of State of an authorisation for the purposes of this Part.

8 The powers conferred by sections 109B and 109C below shall be exercisable in relation to persons holding office under the Crown and persons in the service of the Crown, and in relation to premises owned or occupied by the Crown, as they are exercisable in relation to other persons and premises.

9 This section and sections 109B to 109C below apply as if—

a the Tax Credits Act 2002 were relevant social security legislation, and b accordingly, child tax credit and working tax credit were relevant social security benefits for the purposes of the definition of “benefit offence“.