Supply and use of information

1 Information held by tax authorities

(1) For section 122 of the [1992 c. 5.] Social Security Administration Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—

“Information

Information held by tax authorities

122 Supply of information held by tax authorities for fraud prevention and verification

(1) This section applies to information which is held—

(a) by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise; or

(b) by a person providing services to the Commissioners of Inland Revenue or the Commissioners of Customs and Excise in connection with the provision of those services.

(2) Information to which this section applies may, with the authority of the Commissioners concerned, be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the [1995 c. 18.] Jobseekers Act 1995 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or

(c) it is supplied under section 122C below;

and shall not be so supplied in those circumstances without the authority of the Commissioners concerned.

(4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

122A Supply of information by Inland Revenue for purposes of contributions

(1) This section applies to information which is held—

(a) by the Commissioners of Inland Revenue; or

(b) by a person providing services to the Commissioners of Inland Revenue in connection with the provision of those services.

(2) Information to which this section applies may, with the authority of the Commissioners, be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for any purpose relating to contributions.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection; or

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995 or this Act or to any provision of Northern Ireland legislation corresponding to any of them;

and shall not be so supplied in those circumstances without the authority of the Commissioners.

(4) But where information supplied under subsection (2) above has been used in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.”

(2) For section 116 of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (disclosure of income tax information by the Inland Revenue) and the headings preceding that section substitute—

“Information

Information held by tax authorities

116 Supply of information held by tax authorities for fraud prevention and verification

(1) This section applies to information which is held—

(a) by the Commissioners of Inland Revenue or the Commissioners of Customs and Excise; or

(b) by a person providing services to the Commissioners of Inland Revenue or the Commissioners of Customs and Excise in connection with the provision of those services.

(2) Information to which this section applies may, with the authority of the Commissioners concerned, be supplied to, or to a person providing services to, the Department or the Secretary of State—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the [S.I. 1995/2705 (N.I.15).] Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them; or

(c) it is supplied to the Housing Executive;

and shall not be so supplied in those circumstances without the authority of the Commissioners concerned.

(4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.

116A Supply of information by Inland Revenue for purposes of contributions

(1) This section applies to information which is held—

(a) by the Commissioners of Inland Revenue; or

(b) by a person providing services to the Commissioners of Inland Revenue in connection with the provision of those services.

(2) Information to which this section applies may, with the authority of the Commissioners, be supplied to, or to a person providing services to, the Department or the Secretary of State for use for any purpose relating to contributions.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection; or

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them;

and shall not be so supplied in those circumstances without the authority of the Commissioners.

(4) But where information supplied under subsection (2) above has been used in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.”

2 Other government information

(1) After section 122A of the [1992 c. 5.] Social Security Administration Act 1992 (inserted by section 1(1)) insert—

“Other government information

122B Supply of other government information for fraud prevention and verification

(1) This section applies to information which is held by, or by a person providing services to, a Minister of the Crown or a government department (including a Northern Ireland department) and which relates to—

(a) passports, immigration and emigration, nationality or prisoners; or

(b) any other matter which is prescribed.

(2) Information to which this section applies may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the [1995 c. 18.] Jobseekers Act 1995 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or

(c) it is supplied under section 122C below.

(4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.”

(2) After section 116A of the [1992 c. 8.] Social Security Administration (Northern Ireland) Act 1992 (inserted by section 1(2)) insert—

“Other government information

116B Supply of other government information for fraud prevention and verification

(1) This section applies to information which is held by, or by a person providing services to, a Minister of the Crown or a Northern Ireland department or other government department and which relates to—

(a) passports, immigration and emigration, nationality or prisoners; or

(b) any other matter which is prescribed.

(2) Information to which this section applies may be supplied to, or to a person providing services to, the Department or the Secretary of State—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(3) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under that subsection;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the [S.I. 1995/2705 (N.I.15).] Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them; or

(c) it is supplied to the Housing Executive.

(4) But where information supplied under subsection (2) above has been used (in accordance with paragraph (b) of that subsection) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(5) This section does not limit the circumstances in which information may be supplied apart from this section.”

3 Authorities administering housing benefit or council tax benefit

After section 122B of the [1992 c. 5.] Social Security Administration Act 1992 (inserted by section 2(1)) insert—

“Authorities administering housing benefit or council tax benefit

122C Supply of information to authorities administering benefit

(1) This section applies to information relating to social security which is held—

(a) by the Secretary of State or the Northern Ireland Department; or

(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

(2) Information to which this section applies may be supplied to—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

for use in the administration of such a benefit.

(3) But where information to which this section applies has been supplied to the Secretary of State, the Northern Ireland Department or the person providing services under section 122 or 122B above, it may only be supplied under subsection (2) above—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to housing benefit or council tax benefit; or

(b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.

(4) The Secretary of State or the Northern Ireland Department—

(a) may impose conditions on the use of information supplied under subsection (2) above; and

(b) may charge a reasonable fee in respect of the cost of supplying information under that subsection.

(5) Where information is supplied to an authority or other person under subsection (2) above, the authority or other person shall have regard to it in the exercise of any function relating to housing benefit or council tax benefit.

(6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it is supplied—

(i) by an authority to a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit; or

(ii) by a person authorised to exercise any function of an authority relating to such a benefit to the authority;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the [1995 c. 18.] Jobseekers Act 1995 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or

(c) it is supplied under section 122D or 122E below.

(7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 122(4) or 122B(4) above).

122D Supply of information by authorities administering benefit

(1) The Secretary of State or the Northern Ireland Department may require—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

to supply benefit administration information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for any purpose relating to social security.

(2) The Secretary of State or the Northern Ireland Department may require—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

to supply benefit policy information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department.

(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.

(4) In subsection (1) above “benefit administration information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to housing benefit or council tax benefit by the authority or other person.

(5) In subsection (2) above “benefit policy information” means any information which may be relevant to the Secretary of State or the Northern Ireland Department—

(a) in preparing estimates of likely future expenditure on housing benefit or council tax benefit; or

(b) in developing policy relating to housing benefit or council tax benefit.

122E Supply of information between authorities administering benefit

(1) This section applies to benefit administration information which is held by—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit.

(2) Information to which this section applies may be supplied to another such authority or person—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to housing benefit or council tax benefit; or

(b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.

(3) The Secretary of State or the Northern Ireland Department may require information to which this section applies and which is of a prescribed description to be supplied in prescribed circumstances to another such authority or person for use in the administration of housing benefit or council tax benefit.

(4) Information shall be supplied under subsection (3) above in such manner and form, and in accordance with such requirements, as may be prescribed.

(5) Where information supplied under subsection (2) or (3) above has been used in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(6) In this section “benefit administration information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to housing benefit or council tax benefit by the authority or other person.

(7) This section does not limit the circumstances in which information may be supplied apart from this section.”

4 Unauthorised disclosure by officials

(1) In Schedule 4 to the [1992 c. 5.] Social Security Administration Act 1992 (persons who may commit an offence under section 123 of that Act), after the entries headed “Other public departments and offices” insert—

“Local authorities etc.

• A member, officer or employee of an authority administering housing benefit or council tax benefit.

• A person authorised to exercise any function of such an authority relating to such a benefit or any employee of such a person.

• A person authorised under section 139A(1) of this Act to consider and report to the Secretary of State on the administration of housing benefit or council tax benefit.”

(2) In section 123 of that Act (offence of unauthorised disclosure by certain persons of information relating to particular persons), in subsection (8) (persons employed in audit of expenditure)—

(a) after paragraph (h) insert—

“(ha) a member of the Local Commission for England;

(hb) a member of the Local Commission for Wales;

(hc) the Commissioner for Local Administration in Scotland;”,

(b) after paragraph (j) insert—

“(ja) a member of the Audit Commission for Local Authorities and the National Health Service in England and Wales and any auditor appointed by that Commission;

(jb) a member of the Accounts Commission for Scotland and any auditor within the meaning of Part VII of the [1973 c. 65.] Local Government (Scotland) Act 1973;

(jc) a Northern Ireland local government auditor; and”, and

(c) in paragraph (k), for “referred to in paragraphs (c) to (h) above” substitute “or Commissions referred to in paragraphs (c) to (hc), (ja) and (jb) above and any person assisting an auditor referred to in paragraph (ja), (jb) or (jc) above”.

Administration of housing benefit and council tax benefit

5 Overseeing of administration by Secretary of State

After section 139 of the [1992 c. 5.] Social Security Administration Act 1992 insert—

“Reports

139A Persons to report on administration

(1) The Secretary of State may authorise persons to consider and report to him on the administration by authorities of housing benefit and council tax benefit and, in particular, their performance in the prevention and detection of fraud relating to those benefits.

(2) A person may be authorised under subsection (1) above on such terms and for such period as the Secretary of State thinks fit and may be authorised to act generally or in relation to a specified authority or authorities.

(3) In sections 139B and 139C below—

• “benefit” means housing benefit or council tax benefit; and

• “authority” means an authority which is administering either of those benefits.

139B Powers of investigation

(1) A person authorised under section 139A(1) above—

(a) has a right of access at all reasonable times to any document relating to the administration of benefit;

(b) is entitled to require from any person holding or accountable for any such document such information and explanation as he thinks necessary; and

(c) is entitled, if he thinks it necessary, to require any such person to produce any such document or to attend before him in person to give such information or explanation.

(2) A person authorised under section 139A(1) above is entitled to require any officer or member of an authority or any person involved in the administration of benefit for an authority—

(a) to give him such information and explanation relating to the administration of benefit as he thinks necessary; and

(b) if he thinks it necessary, to require any such person to attend before him in person to give the information or explanation.

(3) A person who without reasonable excuse fails to comply with a requirement under subsection (1) or (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) A person authorised under section 139A(1) above may—

(a) require any document or information which is to be given to him under subsection (1) or (2) above to be given in any form reasonably specified by him; and

(b) take copies of any document produced to him.

(5) In this section “document” means anything in which information of any description is recorded.

139C Reports

(1) A report about an authority by a person authorised under section 139A(1) above may include recommendations about improvements which could be made by that authority in its administration of benefit and, in particular, in the prevention and detection of fraud relating to benefit.

(2) When the Secretary of State receives a report about an authority from a person authorised under section 139A(1) above, he shall send a copy to the authority.”

6 Role of Audit Commission

(1) The [1982 c. 32.] Local Government Finance Act 1982 is amended as follows.

(2) After section 28AA insert—

“28AB Studies of benefit administration at request of Secretary of State

(1) The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2) In the following provisions of this section “study” means a study which the Commission is requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3) If the Commission requires—

(a) any local authority included in a study; or

(b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4) If the Commission requires any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5) Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6) In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7) The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8) Any report of a study may be published by the Secretary of State in conjunction with the Commission.

(9) The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before it does so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.”

(3) After that section insert—

“28AC References and reports to Secretary of State

(1) The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.

(2) The Commission may send to the Secretary of State a copy of any report of which a copy is sent to the Commission under section 18(4) above and which contains observations on the administration by a local authority of housing benefit or council tax benefit.”

(4) In subsection (1) of section 30 (restriction on disclosure of information by Audit Commission), after paragraph (b) insert—

“(ba) for the purposes of the functions of the Secretary of State relating to social security; or”.

(5) After that section insert—

“30A Supply of benefit information to Commission

The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any function of the Commission.”

7 Role of Accounts Commission for Scotland

(1) Part VII (Finance) of the [1973 c. 65.] Local Government (Scotland) Act 1973 is amended as follows.

(2) In section 97 (Accounts Commission for Scotland), after subsection (4D) insert—

“(4E) The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.”

(3) After section 101 (right to inspect and object to accounts) insert—

“101A Reference of social security matters to Secretary of State

The Commission or an auditor may refer to the Secretary of State any matter arising from an audit or study under this Part of this Act if it appears that it may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.”

(4) After section 105 (regulations as to accounts) insert—

“105A Studies of benefit administration at request of Secretary of State

(1) The Secretary of State may request the Commission to conduct or assist the Secretary of State in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by local authorities of functions relating to the administration of housing benefit and council tax benefit.

(2) In the following provisions of this section “study” means a study which the Commission are requested to conduct, or assist the Secretary of State in conducting, under subsection (1) above.

(3) If the Commission require—

(a) any local authority included in a study; or

(b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(4) If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(5) Any information obtained under a requirement under subsection (3) or (4) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with housing benefit or council tax benefit.

(6) In subsections (3) and (4) above “authorised person” means a person authorised by the Commission for the purposes of this section.

(7) The Commission shall send to the Secretary of State a copy of any report of a study; and the Secretary of State or the Commission may send a copy of a report of a study to any local authority to which the study relates.

(8) Any report of a study may be published by the Secretary of State in conjunction with the Commission.

(9) The Commission shall not conduct, or assist the Secretary of State in conducting, a study unless, before they do so, the Secretary of State has made arrangements for the payment of such reasonable amount as may be agreed between him and the Commission in respect of the study.”

8 Directions by Secretary of State

After section 139C of the [1992 c. 5.] Social Security Administration Act 1992 (inserted by section 5) insert—

“Directions by Secretary of State

139D Directions

(1) This section applies where—

(a) a copy of a report has been sent to an authority under section 139C(2) above;

(b) a copy of a report has been sent to an authority under section 18(3) of the [1982 c. 32.] Local Government Finance Act 1982 and to the Secretary of State under section 28AC(2) of that Act;

(c) a copy of a report relating to the administration of benefit has been sent to a local authority under section 102(2) of the [1973 c. 65.] Local Government (Scotland) Act 1973 and to the Secretary of State and section 103(1) of that Act has been complied with; or

(d) a copy of a report has been sent to an authority under section 28AB(7) of the [1982 c. 32.] Local Government Finance Act 1982 or section 105A(7) of the [1973 c. 65.] Local Government (Scotland) Act 1973.

(2) The Secretary of State may invite the authority to consider the report and to submit proposals for—

(a) improving its performance in relation to the prevention and detection of fraud relating to benefit or otherwise in relation to the administration of benefit; and

(b) remedying any failings identified by the report.

(3) After considering the report and any proposals made by the authority in response to it, the Secretary of State may give directions to the authority as to—

(a) standards which the authority is to attain in the prevention and detection of fraud relating to benefit or otherwise in the administration of benefit; and

(b) the time within which the standards are to be attained.

(4) When giving directions to an authority under subsection (3) above, the Secretary of State may make recommendations to the authority setting out any course of action which he thinks it might take to attain the standards which it is directed to attain.

(5) In this section “benefit” means housing benefit or council tax benefit.”

9 Enforcement of directions

After section 139D of the [1992 c. 5.] Social Security Administration Act 1992 (inserted by section 8) insert—

“139E Information about attainment of standards

(1) Where directions have been given to an authority under section 139D(3) above, the Secretary of State may require the authority to supply to him any information which he considers may assist him in deciding—

(a) whether the authority has attained the standards which it has been directed to attain; or

(b) whether the authority is likely to attain those standards within the time specified in the directions.

(2) Information shall be supplied under subsection (1) above in such manner and form as the Secretary of State may require.

139F Enforcement notices

(1) Where directions have been given to an authority under section 139D(3) above and the Secretary of State—

(a) is not satisfied that the authority has attained the standards which it has been directed to attain; or

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

he may serve on the authority a written notice under this section.

(2) The notice shall—

(a) identify the directions and state why the Secretary of State is not satisfied as mentioned in paragraph (a) or (b) of subsection (1) above; and

(b) require the authority to submit a written response to the Secretary of State within a time specified in the notice.

(3) If any person (other than the authority) carrying out work relating to the administration of benefit may be affected by any determination which may be made under section 139G below, the authority shall—

(a) consult that person before submitting its response; and

(b) include in its response any relevant observations made by that person.

(4) The authority’s response shall either—

(a) state that the authority has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or

(b) state that the authority has not attained the standards, or is not likely to attain them within that time, and (if the authority wishes) give reasons why a determination under section 139G below should not be made or should not include any particular provision.

(5) The notice may relate to any one or more matters covered by the directions.

(6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.

(7) In this section “benefit” means housing benefit or council tax benefit.

139G Enforcement determinations

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

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

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

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.

(3) The determination shall be designed to secure the attainment of the standards in question and—

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

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

(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—

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

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

(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—

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

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

(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 in question.

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

139H Enforcement determinations: supplementary

(1) The provisions included in a determination under section 139G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.

(2) The making of a determination under section 139G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.

(3) The provision included in a determination by virtue of section 139G(3) above may include—

(a) requirements that the Secretary of State be satisfied as to any specified matter; and

(b) requirements that the Secretary of State authorise or consent to any specified matter.

(4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.

(5) A determination under section 139G above shall have effect in spite of any enactment under or by virtue of which an authority is required or authorised to carry out any work to which the determination relates.

(6) A determination under section 139G above may make provision having effect, in relation to the work to which it relates, instead of any requirement which (apart from the determination) would have effect in relation to that work under or by virtue of the [1988 c. 9.] Local Government Act 1988.”

10 Adjustment of subsidy

In section 140B of the [1992 c. 5.] Social Security Administration Act 1992 (calculation of amount of subsidy in respect of housing benefit and council tax benefit), for subsections (4) and (5) substitute—

“(4) The Secretary of State may—

(a) pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or

(b) deduct from the amount which would otherwise be payable by way of subsidy an amount specified by, or calculated in a manner specified by, the order.

(4A) The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of—

(a) the costs of administering the relevant benefit; or

(b) success in preventing or detecting fraud relating to the relevant benefit or action to be taken with a view to preventing or detecting such fraud.

(5) The Secretary of State may—

(a) where an application is made by an authority on his invitation, pay to the authority as part of the subsidy such additional amount as he considers appropriate in respect of—

(i) success in preventing or detecting fraud relating to the relevant benefit; or

(ii) action to be taken with a view to preventing or detecting such fraud; or

(b) deduct from the subsidy which would otherwise be payable to an authority such amount as he considers it unreasonable to pay by way of subsidy.

(5A) The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of—

(a) a failure to comply with directions under section 139D(3) above; and

(b) other failures in preventing or detecting fraud relating to the relevant benefit.”

Investigations relating to housing benefit and council tax benefit

11 Information from landlords and agents

After section 126 of the [1992 c. 5.] Social Security Administration Act 1992 insert—

“Landlords and agents

126A Power to require information from landlords and agents

(1) Regulations shall provide that where a claim for housing benefit in respect of a dwelling is made to an authority and the circumstances are such as are prescribed—

(a) the authority; or

(b) a person authorised to exercise any function of the authority relating to housing benefit,

may require any appropriate person to supply information of a prescribed description to the authority or other person.

(2) Subject to subsection (4) below, for the purposes of subsection (1) above a person is an appropriate person in relation to a dwelling if he is—

(a) a person to whom anyone is, or claims to be, liable to make relevant payments;

(b) a person to whom, or at whose direction, a person within paragraph (a) above has agreed to make payments in consequence of being entitled to receive relevant payments; or

(c) a person acting on behalf of a person within paragraph (a) or (b) above in connection with any aspect of the management of the dwelling.

(3) In subsection (2) above “relevant payments”, in relation to a dwelling, means payments in respect of the dwelling which are of a description in relation to which housing benefit may be paid.

(4) Regulations may provide that any prescribed person, or any person of a prescribed description, is not an appropriate person for the purposes of subsection (1) above.

(5) The descriptions of information which may be prescribed for the purposes of subsection (1) above include, in particular, any description of information relating to, or to any interest in or other connection with, dwellings and other property situated anywhere in the United Kingdom.

(6) Information shall be supplied under subsection (1) above in such manner and form, and at such time and in accordance with such other requirements, as may be prescribed.

(7) Information supplied to an authority or other person under subsection (1) above may be used by the authority or other person only in the exercise of any function relating to housing benefit or council tax benefit.

(8) The provisions of sections 122D and 122E above apply in relation to any information supplied under subsection (1) above which is not benefit administration information (within the meaning of those provisions) as if it were.”

12 Inspectors appointed by authorities

After section 110 of the [1992 c. 5.] Social Security Administration Act 1992 insert—

“110A Appointment of inspectors by authorities

(1) An authority administering housing benefit or council tax benefit may appoint persons to be inspectors.

(2) The Secretary of State may notify an authority as to—

(a) the number of persons who may be appointed as inspectors by the authority; and

(b) the manner in which appointments shall be made.

(3) The authority may only appoint as inspectors persons employed by—

(a) the authority;

(b) another authority, or a joint committee, exercising any function relating to housing benefit or council tax benefit on behalf of the authority; or

(c) a person authorised to exercise any function of the authority, or that other authority, relating to housing benefit or council tax benefit.

(4) A person within subsection (3)(c) above may only be appointed as an inspector with the consent of the Secretary of State.

(5) Appointment as an inspector shall be for a period not exceeding one year; but such an appointment—

(a) may be renewed any number of times; and

(b) may be terminated at any time by the appointing authority or, in the case of a person within subsection (3)(c) above, by either that authority or the Secretary of State.

(6) Every person appointed as an inspector shall be given a certificate of his appointment.

110B Powers of inspectors appointed under section 110A

(1) An inspector may—

(a) on showing his certificate of appointment as an inspector (if required to do so), enter any premises liable to inspection under this section at any reasonable time together with such other persons as he considers it necessary to take with him;

(b) make inquiries about, and examine documents relating to, any person believed by him to be a benefit claimant or a benefit recipient; and

(c) interview any person found by him in any premises liable to inspection under this section or believed by him to hold or have access to information or documents relating to any person believed by him to be a benefit claimant or a benefit recipient.

(2) Any person liable to supply information or produce documents under this section shall—

(a) supply to an inspector all such information; and

(b) produce for his inspection, or supply him with a copy of, all such documents,

as he may reasonably require for the purpose of ascertaining whether housing benefit or council tax benefit is or was payable to or in respect of any person.

(3) Information, documents and copies supplied or produced under subsection (2) above shall be in such form as the inspector may reasonably require.

(4) No one shall be required under subsection (2) above 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.

(5) Premises are liable to inspection under this section if an inspector has reasonable grounds for believing that—

(a) any persons are employed there;

(b) a trade or business is being carried on from there; or

(c) any records relating to a trade or business are kept there;

but a private dwelling-house is not liable to inspection under this section unless an inspector has reasonable grounds for believing that a trade or business is being carried on from the dwelling-house and that the trade or business is not also being carried on from premises other than a dwelling-house.

(6) For the purposes of this section—

(a) a benefit claimant is a person who has claimed housing benefit or council tax benefit; and

(b) a benefit recipient is a person to whom housing benefit or council tax benefit has been paid.

(7) Persons are liable to supply information or produce documents under this section if they—

(a) occupy any premises liable to inspection under this section or are found by an inspector in any such premises;

(b) are believed by an inspector to be benefit claimants or benefit recipients;

(c) are believed by an inspector to hold or have access to information or documents relating to a person within paragraph (b) above; or

(d) are employees or agents of a person within any of paragraphs (a) to (c) above.

(8) An authority administering housing benefit or council tax benefit may make arrangements for any power under this section which may be exercised in relation to any premises to be exercised—

(a) by any inspector appointed by, or an officer of, the authority if the premises are liable to be inspected by that inspector or officer or are under the control of the authority; or

(b) by any inspector appointed by, or an officer of, a government department or another local or other authority if the premises are liable to be inspected by that inspector or officer or are under the control of that department or authority.

(9) In this section—

• “inspector” means (except in subsection (8) above) an inspector appointed under section 110A above; and

• “document” means anything in which information of any description is recorded.”

Offences, penalties and overpayments

13 Offence of dishonest representation for obtaining benefit

After section 111 of the [1992 c. 5.] Social Security Administration Act 1992 insert—

“111A Dishonest representations for obtaining benefit etc