Section 139G | Enforcement determinations ^F1F2

From legislation.gov.uk

26 October 2026

(1)Where, after the time specified in the notice under section 139F above has expired, the Secretary of State—^F1F2

(a)is not satisfied that the authority has attained the standards or taken the action in question; or^F1F2F3

(b)is not satisfied that the authority is likely to attain those standards or take that action within the time specified in the directions,^F1F2F4

he may make a determination under this section.

(2)The determination may be made whether or not the authority has responded to the notice under section 139F above.^F1F2

(3)The determination shall be designed to secure the attainment of the standards or the taking of the action in question and—^F1F2F5

(a)shall include provision such as is specified in subsection (4) below; and^F1F2

(b)may also include provision such as is specified in subsection (5) below.^F1F2

(4)The provision referred to in paragraph (a) of subsection (3) above is provision that the authority must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which—^F1F2

(a)falls to be carried out in pursuance of the authority’s functions relating to the administration of benefit; and^F1F2

(b)is of a description specified in the determination.^F1F2

(5)The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates—^F1F2

(a)provision that it may not be carried out by the authority;^F1F2

(b)provision that it may not be carried out by any person (other than the authority) who has been carrying it out; and^F1F2

(c)provision that any contract made by the authority with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards or the taking of the action in question.^F1F2F6

(6)In this section “benefit” means housing benefit or council tax benefit.^F1F2

Notes

F1
Ss. 138-140G repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
F2
Ss. 139E-139H inserted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 9, 25(1); S.I. 1997/1577, art. 2, Sch.
F3
Words in s. 139G(1) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 7(2)(a); S.I. 2008/411, art. 2(3)(c)
F4
Words in s. 139G(1) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 7(2)(b); S.I. 2008/411, art. 2(3)(c)
F5
Words in s. 139G(3) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 7(3); S.I. 2008/411, art. 2(3)(c)
F6
Words in s. 139G(5)(c) inserted (1.4.2008) by the Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 7(3); S.I. 2008/411, art. 2(3)(c)