Article 2(4)
SCHEDULE
Regulation 4ZC
“SCHEDULE 8DELECTRONIC COMMUNICATION
Interpretation
1. In this Schedule “official computer system” means a computer system maintained by or on behalf of the Department for the sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.
Conditions for the use of electronic communication
2.—(1) The Department may use an electronic communication in connection with claims for attendance allowance, disability living allowance, graduated retirement benefit, retirement pension and shared additional pension.
(2) A person other than the Department may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraph (3) are satisfied.
(3) The conditions referred to in sub-paragraph (2) are that—
(a)the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Department;
(b)the person uses an approved method of—
(i)authenticating the identity of the sender of the communication;
(ii)electronic communication,
(iii)authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication, and
(iv)subject to sub-paragraph (4), submitting to the Department any claim, certificate, notice, information or evidence;
(c)any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule; and
(d)the person maintains such records in written or electronic form as may be specified in a direction given by the Department.
(4) Where the person uses any method other than the method approved by the Department, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.
(5) In this paragraph “approved” means approved by means of a direction given by the Department for the purposes of this Schedule.
Use of intermediaries
3. The Department may use intermediaries in connection with—
(a)the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and
(b)the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
Effect of delivering information by means of electronic communication
4.—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—
(a)by this Schedule; and
(b)by or under an applicable statutory provision,
are satisfied.
(2) The Department may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identify of sender or recipient of information
5. If it is necessary to prove, for the purpose of any legal proceedings, the identify of—
(a)the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or
(b)the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,
the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.
Proof of delivery of information
6.—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—
(a)any such claim, certificate, notice, information or evidence has been delivered to the Department, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or
(b)any such certificate, notice, information or evidence has been delivered by the Department, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.
(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Department has not been recorded on an official computer system.
(3) If it is necessary to provide, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.
Proof of content of information
7. If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.”