Statutory Instrument 1999 No. 3108

The Social Security (Claims and Information) Regulations 1999

Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Social Security (Claims and Information) Regulations 1999 , ISBN 0 11 085525 6. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

STATUTORY INSTRUMENTS

1999 No. 3108
SOCIAL SECURITY
The Social Security (Claims and Information) Regulations 1999

	Made	18th November 1999
	Laid before Parliament	22nd November 1999
	Coming into force	29th November 1999

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 2C, 7A, 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992[1] and sections 72 and 83(1) and (4) to (8) of the Welfare Reform and Pensions Act 1999[2] and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned[3], by this instrument, which contains only regulations made by virtue of or consequential upon sections 58, 71 and 72 of the Welfare Reform and Pensions Act 1999 and which is made before the end of a period of 6 months beginning with the coming into force of those provisions[4], hereby makes the following Regulations:

Citation and commencement
1. These Regulations may be cited as the Social Security (Claims and Information) Regulations 1999 and shall come into force on 29th November 1999.

Interpretation
2. In these Regulations, -

"the Act" means the Welfare Reform and Pensions Act 1999;

"the Child Support Acts" means the Child Support Act 1991[

"relevant authority" means a person within section 72(2) of the Act.

Work-focused interview
3. A work-focused interview is an interview conducted for any or all of the following purposes -

(a) assessing a person's prospects for existing or future employment (whether paid or voluntary);

(b) assisting or encouraging a person to enhance his prospects of such employment;

(c) identifying activities which the person may undertake to strengthen his existing or future prospects of such employment;

(d) identifying current or future employment or training opportunities suitable to the person's needs; and

(e) identifying educational opportunities connected with the existing or future employment prospects or needs of the person.

Additional functions of local authorities
     4. - (1) A local authority to whom Part I of Schedule I to these Regulations applies may conduct a work-focused interview with, or provide assistance to, a person to whom paragraphs (2) and (3) apply, where the interview or assistance is requested or consented to by that person.

    (2) This paragraph applies to a person who resides in a postcode district identified in Part I of Schedule 2 to these Regulations.

    (3) This paragraph applies to any person making a claim for, or entitled to, any benefit specified in paragraph (4) and applies whether or not a person has had an interview in accordance with regulations made under section 2A of the Administration Act[9].

    (4) The benefits specified in this paragraph are -

(5) For the purposes of paragraph (1), the request or consent may be made or given to -

(6) For the purposes of carrying out functions under paragraph (1), a local authority may in particular -

(c) forward information supplied for the purpose of a work-focused interview to any person or authority conducting that interview;

(d) take steps to identify potential employment or training opportunities for persons taking part in work-focused interviews;

(e) conduct a work-focused interview;

(f) take steps to identify -

(g) record information supplied at a work-focused interview.

Further provisions as to claims
5. The following regulations shall be inserted after regulation 4 of the Social Security (Claims and Payments) Regulations 1987[11] -

Further provisions as to claims

4A.

- (1) Where a claimant resides in both -

(a) the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999[

any claim for a benefit to which paragraph (2) applies may be made to any office displaying the One logo[13] (whether or not that office is situated within the area of the local authority in which the claimant resides).

(2) The benefits to which this paragraph applies are -

    (3) A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker's allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.

    (4) In the case of a claim for income support or a jobseeker's allowance, the provisions of regulation 4(1A) to (1C)[14] shall apply.

    (5) In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the "appropriate office" in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).

    (6) In these Regulations, a "participating authority" means any local authority or person to whom claims may be made in accordance with paragraph (1).

Forwarding claims and information
     4B. - (1) A participating authority may -

(a) record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;

(b) give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies.

(2) A participating authority shall forward to the Secretary of State -

(a) any claim for benefit, other than a claim for housing benefit or council tax benefit, together with any information or evidence supplied to the authority in connection with that claim; and

(b) any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit or council tax benefit given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.".

War Pensions and Child Support
     6. - (1) Where a person resides in the area of an authority to which Part I or II of Schedule 1 to these Regulations refers, he may make a claim for a war pension, or submit an application under the Child Support Acts to any office displaying the One logo (whether or not that office is situated within the area of the local authority in which the person resides).

    (2) Any change of circumstances arising since a claim or application was made in accordance with paragraph (1) may be reported to the office to which that claim or application was made.

    (3) The areas to which this paragraph refers are those areas which are within both -

(a) the area of a local authority identified in Part I or II of Schedule 1 to these Regulations, and

(b) a postcode area identified in Part I or II of Schedule 2 to these Regulations.

(4) A person making a claim or application to a participating authority in accordance with paragraph (1) shall comply with any requirements for the time being in force in relation to -

(a) claims for war pensions or applications under the Child Support Acts;

(b) the provision of information and evidence in support of such claims or applications,

as if those requirements also applied to the participating authority.

(5) A participating authority shall forward to the Secretary of State -

(a) any claim for a war pension or application under the Child Support Acts made in accordance with this regulation;

(b) details of changes of circumstances reported to the authority in accordance with this regulation; and

(c) any information or evidence -

(6) For the purpose of this regulation, a "participating authority" means any authority or person to whom a claim or application may be made or change of circumstances reported in accordance with paragraphs (1) and (2).

Holding information
7. A relevant authority to whom information or evidence relating to social security matters is supplied or by whom such information or evidence is obtained, including information obtained under regulation 8(2), may -

(a) make a record of that information or evidence; and

(b) hold the information or evidence, whether as supplied or as recorded.

Provision of information
8. - (1) A relevant authority may give information or advice to any person, or to a person acting on his behalf, concerning -

(a) a claim he made, or a decision given on a claim he made, for a social security benefit or a war pension;

(b) an application he made, or a decision given on an application he made, under the Child Support Acts.

(2) For the purpose of giving information or advice in accordance with paragraph (1), a relevant authority may obtain information held by any other relevant authority.

Claims for Housing Benefit
9. There shall be inserted after regulation 72A of the Housing Benefit Regulations[15] the following regulations -

Claims for housing benefit made to a relevant authority

72B.

- (1) Without prejudice to a person's right to make a claim for housing benefit in accordance with regulation 72(4) but subject to regulation 72C claims for housing benefit may also be made at the offices of a relevant authority displaying the One logo where the claimant resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 (a "relevant office").

(2) For the purposes of this regulation, a "relevant authority" means -

    (3) A claim made in accordance with paragraph (1) shall be -

    (a) in writing on a form approved for the purpose by the relevant authority, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case; and

    (b) accompanied by or supplemented by such certificates, information or evidence as are required in accordance with regulation 73(1).

    (4) A claim may be sent or delivered to a relevant authority.

    (5) Where a claim is received at -

the claim, together with any information or evidence held at that office which is relevant to that claim, shall be forwarded to the designated office.

(6) Where the benefit claimed in accordance with paragraph (1) is housing benefit, the date on which the claim is made shall be -

    (7) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim housing benefit is received, in whatever form, from the claimant, or the person acting on his behalf, at a relevant office.

    (8) Paragraph (7) applies where neither income support nor a jobseeker's allowance is claimed in conjunction with housing benefit.

    (9) Where the person claiming housing benefit in accordance with paragraph (1), or the partner of that person, -

the date on which the claim for housing benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 72A applied to that claim as they apply to claims under regulation 72(4)(d).

(10) Paragraphs (6) to (17) of regulation 72 shall apply to a claim made to a relevant authority, but as if for references to -

Claims made to an office which is both a gateway office and a relevant office
72C. Where a claim for housing benefit is sent or delivered to an office which is both a gateway office and a relevant office for the purposes of regulation 72B, the claim shall be treated as if it had been sent or delivered to a relevant office only.".

Consequential Amendments to the Housing Benefit Regulations
10. - (1) The Housing Benefit Regulations shall be amended in accordance with the following provisions of this regulation (which are all consequential upon regulation 9 above).

(2) In regulation 2 (interpretation), in paragraph (1) after the entry relating to "relative" there shall be inserted the following entry -

" "relevant authority" has the meaning given to it in regulation 72B(2);".

(3) In regulation 71(who may claim), the following paragraph shall be added at the end -

" (7) Where the dwelling in respect of which a claim is made is situated in a postcode area to which Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 refers, references in this regulation to an "appropriate authority" shall be read as including a reference to the "relevant authority".".

(4) In regulation 72 (time and manner in which claims are to be made) in paragraph (1), at the beginning, there shall be inserted the words "Subject to regulation 72B".

(5) In regulation 73 (evidence and information) the following paragraph shall be added at the end -

" (7) In its application to regulation 72B, references in this regulation to "appropriate authority" shall be read as including references to the "relevant authority"."

(6) In regulation 75 (duty to notify change of circumstances) -

(a) in paragraph (1) for the words "paragraph (2)", there shall substituted the words "paragraphs (2) and (4)"; and

(b) after paragraph (3), there shall be added the following paragraph -

" (4) Where a person resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999, he may notify the change of circumstances by giving notice in writing to any office of a relevant authority displaying the One logo.".

(7) In regulation 99(3) (recoverable overpayments) after the words "as such", there shall be inserted the words ", or a person providing services to either Department".

Claims for Council Tax Benefit
11. There shall be inserted after regulation 62A of the Council Tax Benefit Regulations[16] the following regulation -

Claims for council tax benefit to a relevant authority

62B.

- (1) Without prejudice to a person's right to make a claim for council tax benefit in accordance with regulation 62(4), claims for council tax benefit may also be made at the office of a relevant authority displaying the One logo where the claimant resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999 (a "relevant office").

(2) For the purposes of this regulation, a "relevant authority" means -

(3) A claim made in accordance with paragraph (1) shall be -

(4) A claim may be sent or delivered to a relevant authority.

(5) Where a claim is received at -

the claim, together with any information or evidence held at that office which is relevant to that claim, shall be forwarded to the designated office.

(6) Where the benefit claimed in accordance with paragraph (1) is the council tax benefit, the date on which the claim is made shall be -

    (7) A notification of intention to make a claim is deemed to be given on the date on which notification of the intention to claim council tax benefit is received, in whatever form, from the claimant or a person acting on his behalf at a relevant office.

    (8) Paragraph (7) applies where neither income support nor a jobseeker's allowance is claimed in conjunction with council tax benefit.

    (9) Where the person claiming council tax benefit in accordance with paragraph (1), or the partner of that person -

the date on which the claim for council tax benefit is made shall be determined as if sub-paragraphs (a), (b), (c) and (e) of paragraph (1) of regulation 62A applied to that claim as they apply to claims under regulation 62(4)(d).

(10) Paragraphs (6) to (16) of regulation 62 shall apply to a claim made to a relevant authority, but as if for references to -

Claims made to an office which is both a gateway office and a relevant office
62C. Where a claim for council tax benefit is sent or delivered to an office which is both a gateway office and a relevant office for the purposes of regulation 62B, the claim shall be treated as if it had been sent or delivered to a relevant office only.".

Consequential Amendments to the Council Tax Benefit Regulations
12. - (1) The Council Tax Benefit Regulations shall be amended in accordance with the following provisions of this regulation (which are all consequential upon regulation 11 above).

(2) In regulation 2 (interpretation), in paragraph (1) after the entry relating to "qualifying person" there shall be inserted the following entry -

" "relevant authority" has the meaning given to it in regulation 62B(2)".

(3) In regulation 61 (who may claim), the following paragraph shall be added at the end -

" (7) In its application to regulation 62B, references in this regulation to "appropriate authority" shall be read as including references to the "relevant authority".".

(4) In regulation 62 (time and manner in which claims are to be made) in paragraph (1), at the beginning, there shall be inserted the words "Subject to regulation 62B".

(5) In regulation 62 (evidence and information) the following paragraph shall be added at the end -

" (7) In its application to regulation 62B, references in this regulation to "appropriate authority" shall be read as including references to the "relevant authority".".

(6) In regulation 65 (duty to notify changes of circumstances) -

(a) in paragraph (1) for the words "paragraphs (2) and (4)", there shall be substituted the words "paragraphs (2), (4) and (5)"; and

(b) after paragraph (4), there shall be added the following paragraph -

" (5) Where a person resides in a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999, he may notify the change of circumstances to any office of a relevant authority displaying the One logo.".

(7) In regulation 84(3) (recoverable excess benefit) after the words "acting as such" there shall be inserted the words "or a person providing services to either Department".

Information
13. - (1) A relevant authority which holds social security information may -

(a) use that information -

(i) in connection with arrangements known as the New Deal and made under section 2 of the Employment and Training Act 1973[

(b) supply the information -

    (2) An employment zone provider may supply to any other relevant authority information relating to any person participating in a scheme for which he receives a payment under section 60(5)(c)(i) of the Act where the information may be relevant to the person's benefit entitlement.

    (3) Where the work-focused interview is undertaken by a relevant authority other than the authority which obtained the information, then the authority supplying the information shall, for the purposes of that interview, supply any other social security information held by them.

    (4) A relevant authority which holds social security information may supply that information to any other relevant authority for the purposes of research, monitoring or evaluation in so far as it relates to any purpose specified in paragraph (5).

    (5) The purposes specified in this paragraph are -

Purposes for which information may be used
14. - (1) The purposes for which information supplied in connection with matters referred to in paragraph (2) may be used are for -

(a) the processing of any claim for a social security benefit or a war pension or for an application for a maintenance assessment under the Child Support Act 1991;

(b) the consideration of any application for employment by a person to whom information is supplied in connection with any employment opportunity;

(c) the consideration of the training needs of the person who supplied the information;

(d) any purpose for which a work-focused interview may be conducted[

(2) The matters referred to in this paragraph are -

Information supplied
15. Information supplied to a person or authority under these Regulations -

(a) may be used for the purposes of amending or supplementing information held by the person or authority to whom it is supplied; and

(b) if it is so used, may be supplied to another person or authority, and used by him or it for any purpose, to whom or for which that other information could be supplied or used.

Partners of claimants on jobseeker's allowance
16. - (1) The social security information specified in paragraph (2) may be supplied by a relevant authority to the partner of a claimant for a jobseeker's allowance where -

(a) the allowance has been in payment to the claimant, or would have been in payment to him but for section 19 of the Jobseekers Act 1995 (circumstances in which jobseeker's allowance is not payable) for a period of 6 months or more;

(b) the allowance remains in payment or would be in payment but for that section; and

(c) the partner is being invited to attend the office of the relevant authority for purposes connected with employment or training.

(2) The information which may be supplied is -

(a) that jobseeker's allowance is in payment to the claimant or would be in payment to him but for section 19 of the Jobseekers Act; and

(b) that payment has been made to the claimant or would have been so made but for section 19, for a period of at least 6 months.

    (3) In this regulation, "partner" has the same meaning as in the Jobseeker's Allowance Regulations 1996[19] by virtue of section 1(3) of those Regulations.

Partners of claimants
     17. - (1) The social security information specified in paragraph (4) may be supplied by a relevant authority to the partner of a claimant for a qualifying benefit where paragraph (3) is satisfied.

    (2) The qualifying benefits are -

(a) a jobseeker's allowance;

(b) income support;

(c) incapacity benefit;

(d) severe disablement allowance.

(3) This paragraph is satisfied where -

(a) one or more of the qualifying benefits is or has been payable to the claimant;

(b) the benefit which is or has been payable includes an increase in respect of a partner; and

(c) the partner of the person entitled to the benefit payable is aged 50 or over.

(4) The information which may be supplied is -

(a) that a qualifying benefit is or has been payable to the claimant;

(b) the period for which the qualifying benefit has been payable.

(5) In this regulation, partner means one member of a married or unmarried couple of which the claimant is also a member.

Consequentials
18. Schedule 3 to these Regulations, which contains a number of consequential changes shall have effect.

Signed by authority of the Secretary of State for Social Security.

Angela Eagle
Parliamentary Under-Secretary of State, Department of Social Security

18th November 1999

SCHEDULE 1Regulation 4(1)

Local Authorities on which functions are conferred

PART I
Local Authority

ENGLAND:
Aylesbury Vale

Barking and Dagenham

Calderdale

Castle Point

Chelmsford

Chiltern

Epping Forest

Kirklees

Maldon

Mendip

Milton Keynes

North Warwickshire

Nuneaton and Bedworth

Redbridge

Rochford

Rugby

Sedgemoor

South Bucks

Southend-on-Sea

South Somerset

Stratford-on-Avon

Taunton Deane

Waltham Forest

Warwick

West Somerset

Wycombe

WALES:
Monmouthshire

Newport

Torfean

SCOTLAND:
Argyll and Bute

East Renfrewshire

Inverclyde

North Ayreshire

Renfrewshire

PART II
Amber Valley

Ashfield

Babergh

Bassetlaw

Bolsover

East Cambridgeshire

Forest Heath

Halton

Ipswich

Leeds

Mansfield

Mid-Suffolk

North East Derbyshire

Newark and Sherwood

St. Edmunsbury

St. Helens

South Cambridgeshire

Suffolk Coastal

Vale Royal

Warrington

Waveney

Wigan

SCHEDULE 2Regulation 4(2)

Postcode Areas

PART I
B37, B39, B46, B47, B49, B50, B76 to B79 and B93 to B95

BA3 to BA11, BA16, BA20 to BA22, BA24 and BA26 to BA28

CM0 to CM9

CV3, CV4, CV7 to CV12, CV21 to CV23, CV31 to CV35 and CV36 to CV39DT9

E4, E10, E11, E17 and E18

EX15 and EX16

G78

GL50 and GL55

GL56

HD1 and HD5 to HD8

HP1, HP4 to HP23 and HP27

HX1 and HX7

IG1 to IG11

KA28 to KA30

LE10

LE17

LU6 and LU7

MK1 to MK19, MK43 and MK46

NN6, NN11 and NN13

NP1

NP4

NP5

NP6

NP7

NP9, NP16, NP20, NP25, NP26 and NP44

OL14

OX5 to OX7, OX9 and OX15

OX17

PA1 to PA17 and PA20 to PA27

RM6

RM8

RG9

SL0 to SL4 and SL6 to SL9

SS0 to SS7, SS9, SS11 and SS12

SS17

TA1 to TA24

UB9

WD3

WF12 to WF17

WO11

PART II
BD2 to BD4, BD10, BD11, BD16, BD17 and BD20

CB1 and CB5 to CB10

CM11

CO1, CO6 and CO8 to CO11

DE5, DE55 and DE56

DN22

HG3 and HG5

IP2 to IP20, IP22 to IP24 and IP27 to IP33

LS1 to LS15 (except Bramhope), LS16, LS17, LS19, LS21, LS22, LS27 and LS28

NG14 to NG23 and NG25

NR10, NR14, NR15 and NR31 to NR35

S44, S45 and S80

WA1 to WA8 and WA11 to WA13

WF3, WF6, WF10 and WF11

YO8, YO23 and YO26

SCHEDULE 3Regulation 18

Consequential Amendments

     1. - (1) The Jobseeker's Allowance Regulations 1996[20] shall be amended in accordance with the following provisions of this paragraph.

    (2) In regulation 23 (attendance) for the words "Secretary of State" there shall be substituted the words "employment officer".

    (3) In regulation 24 (provision of information and evidence), at the end there shall be added the following paragraph -

2. - (1) The Social Security (Claims and Payments) Regulations 1987[22] shall be amended in accordance with the following provisions of this paragraph.

(2) In regulation 2(1) (interpretation) after the entry relating to "refugee" there shall be inserted the following entry -

(3) In each of the provisions specified in sub-paragraph (4) below, for the words "Secretary of State" there shall be substituted the words "employment officer".

(4) Those provisions are -

    (5) In regulation 7(1), after the words "Secretary of State" in the first place where they occur, there shall be inserted the words "or, in a case where regulation 4A applies, the relevant authority".

    (6) In regulation 19(5)(d) (time for claiming benefit)[26], after the word "Employment" there shall be inserted the words "or in a case to which regulation 4A applies, a representative of a relevant authority".

    (7) In paragraph 2A(2)(b) of Schedule 7[27] after the words "associated office" there shall be inserted the words "or any office to which a claim may be made in accordance with regulation 4A(1)".

    (8) In regulation 32 (information to be given when obtaining benefit), after paragraph (1), there shall be inserted the following paragraph -