Social Security Act 1998

Decisions

1 Transfer of functions to Secretary of State

The following functions are hereby transferred to the Secretary of State, namely—

(a) the functions of adjudication officers appointed under section 38 of the [1992 c. 5.] Social Security Administration Act 1992 (“the Administration Act”);

(b) the functions of social fund officers appointed under section 64 of that Act; and

(c) the functions of child support officers appointed under section 13 of the [1991 c. 48.] Child Support Act 1991 (“the Child Support Act”).

2 Use of computers

(1) Any decision, determination or assessment falling to be made or certificate falling to be issued by the Secretary of State under or by virtue of a relevant enactment, or in relation to a war pension, may be made or issued not only by an officer of his acting under his authority but also—

(a) by a computer for whose operation such an officer is responsible; and

(b) in the case of a decision, determination or assessment that may be made or a certificate that may be issued by a person providing services to the Secretary of State, by a computer for whose operation such a person is responsible.

(2) In this section “relevant enactment” means any enactment contained in—

(a) Chapter II of this Part;

(b) the [1992 c. 4.] Social Security Contributions and Benefits Act 1992 (“the Contributions and Benefits Act”);

(c) the Administration Act;

(d) the Child Support Act;

(e) the [1994 c. 18.] Social Security (Incapacity for Work) Act 1994;

(f) the [1995 c. 18.] Jobseekers Act 1995 (“the Jobseekers Act”);

(g) the [1995 c. 34.] Child Support Act 1995; or

(h) the [1997 c. 27.] Social Security (Recovery of Benefits) Act 1997.

(3) In this section and section 3 below “war pension” has the same meaning as in section 25 of the [1989 c. 24.] Social Security Act 1989 (establishment and functions of war pensions committees).

3 Use of information

(1) Subsection (2) below applies to information relating to social security, child support or war pensions 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 subsection applies—

(a) may be used for the purposes of, or for any purposes connected with, the exercise of functions in relation to social security, child support or war pensions; and

(b) may be supplied to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for those purposes.

(3) The following sections, namely—

(a) section 122C of the Administration Act (supply of information to authorities administering benefit); and

(b) section 122D of that Act (supply of information by authorities administering benefit),

shall each have effect as if the reference in subsection (1) to social security included references to child support and war pensions.

(4) In this section “the Northern Ireland Department” means the Department of Health and Social Services for Northern Ireland.