The Social Security (Claims and Information) (Amendment) Regulations 2010

Statutory Instruments

2010 No. 508

Social Security

The Social Security (Claims and Information) (Amendment) Regulations 2010

Made

1st March 2010

Laid before Parliament

5th March 2010

Coming into force

6th April 2010

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 72 and 83(4) and (6) of the Welfare Reform and Pensions Act 1999(1).

The Social Security Advisory Committee has agreed that the proposals in respect of these Regulations should not be referred to it(2).

Citation and commencement

1.  These Regulations may be cited as the Social Security (Claims and Information) (Amendment) Regulations 2010 and shall come into force on 6th April 2010.

Amendment of the Social Security (Claims and Information) Regulations 1999

2.—(1) The Social Security (Claims and Information) Regulations 1999(3) are amended as follows.

(2) In regulation 7 (holding information), after “social security matters” insert “, or information relating to employment or training,”.

(3) In regulation 13 (information)—

(a) in paragraph (1)(a)(i) omit “known as the New Deal and”;

(b) for paragraph (1)(b)(v) substitute—

“(v) to any other relevant authority in connection with arrangements made under section 2 of the Employment and Training Act 1973(4), in particular for use by that authority in connection with the provision of advice, support and assistance which persons may need in order to acquire or enhance their skills and qualifications with a view to improving their prospects of finding and retaining employment.”;

(c) after paragraph (1) insert—

“(1A) A relevant authority which holds employment or training information about a person (“P”) may supply that information to another relevant authority for use by that second authority in connection with the provision to P (pursuant to arrangements made by the Secretary of State) of advice, support and assistance which P may need in order to acquire or enhance P’s skills and qualifications with a view to improving P’s prospects of finding and retaining employment.”;

(d) in paragraph (4)—

(i) after “social security information” insert “, or information relating to employment or training,”;

(ii) for “any purpose” substitute “any of the purposes”;

(e) in paragraph (5) omit “specified in this paragraph”;

(f) at the end of paragraph (5)(c) omit “and”;

(g) after paragraph (5)(d) add—

“(e) any arrangements made by the Secretary of State of the nature referred to in paragraph (1)(b)(v) or (1A); and

(f) monitoring the retention of employment.”.

(4) In regulation 14(1) (purposes for which information may be used) after sub-paragraph (e) add—

“(f) assessing the employment or training needs of the person to whom the information relates;

(g) evaluating the effectiveness of training, advice, support and assistance provided;

(h) monitoring the retention of employment.”.

Signed by authority of the Secretary of State for Work and Pensions

Jim Knight

Minister of State

Department for Work and Pensions

1st March 2010

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend provisions in the Social Security (Claims and Information) Regulations 1999 (“the 1999 Regulations”) relating to the holding, use and supply of information in connection with arrangements made by the Secretary of State, in particular those made under section 2 of the Employment and Training Act 1973.

These Regulations, along with designation orders made under section 72(2)(b) of the Welfare Reform and Pensions Act 1999 (“the 1999 Act”), will allow the Secretary of State, persons providing services to the Secretary of State, training providers, careers advisory services and employers to share social security or employment or training information with each other in connection with arrangements made by the Secretary of State to secure the provision of advice, support and assistance to persons claiming benefit to help them acquire or enhance their skills and qualifications with a view to improving current and future prospects of finding and retaining employment.

The Regulations will also allow the Secretary of State, her service providers and these other persons designated under section 72(2)(b) of the 1999 Act to supply to each other and use information relating to social security or employment or training for the purposes of research, monitoring and evaluation of arrangements made in connection with improving individuals’ current and future prospects of finding and retaining employment. The Regulations also remove references in the 1999 Regulations to the New Deal.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

(1)

1999 c.30. Section 72 was amended by: paragraph 18 of Schedule 3 and Schedule 8 to the Welfare Reform Act 2007 (c.5); paragraph 74 of Schedule 1 to the Education and Skills Act 2008 (c.25); and sections 2(5) and 34(4) of the Welfare Reform Act 2009 (c.24).

(2)

See sections 172(1) and 173(1)(b) of the Social Security Administration Act 1992 (c.5).

(3)

S.I. 1999/3108.

(4)

1973 c.50. Section 2 was substituted by section 25(1) of the Employment Act 1988 (c.19) and amended by section 29(4) of, and Schedule 7 to, the Employment Act 1989 (c.38).