Social Security Administration (Fraud) Act 1997

20 Return of social security post. U.K.

(1) After section 182 of the M1 Social Security Administration Act 1992 insert—

“ Redirection of post U.K.

182A Return of social security post.

(1) A social security authority may require—

(a) the Post Office; or

(b) any other person who conveys postal packets,

to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2) A social security authority shall make payments of such amount as the Secretary of State considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3) In subsections (1) and (2) above “social security authority” means—

(a) the Secretary of State;

(b) the Northern Ireland Department; or

(c) any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).

(4) In subsections (1) and (2) above “social security post” means postal packets—

(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b) which are marked, in a manner approved by the Post Office or other person conveying them, with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5) In this section—

(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b) “postal packet” has the same meaning as in the M2 Post Office Act 1953.

(6) Any requirement imposed under subsection (1) above has effect subject to any order under—

(a) section 371 of the M3 Insolvency Act 1986 or Article 342 of the M4 Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b) paragraph 10 of Schedule 1 to the M5 Solicitors Act 1974 or paragraph 15 of Schedule 1 to the M6 Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or

(c) paragraph 10 of Schedule 5 to the M7 Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”

(2) After section 158 of the M8 Social Security Administration (Northern Ireland) Act 1992 insert—

“ Redirection of post U.K.

158A Return of social security post.

(1) A social security authority may require—

(a) the Post Office; or

(b) any other person who conveys postal packets,

to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2) A social security authority shall make payments of such amount as the Department considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3) In subsections (1) and (2) above “social security authority” means—

(a) the Department;

(b) the Housing Executive;

(c) the Secretary of State; or

(d) any local or other authority administering housing benefit or council tax benefit (other than the Housing Executive).

(4) In subsections (1) and (2) above “social security post” means postal packets—

(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b) which are marked, in a manner approved by the Post Office or other person conveying them, with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5) In this section—

(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b) “postal packet” has the same meaning as in the M9 Post Office Act 1953.

(6) Any requirement imposed under subsection (1) above has effect subject to any order under—

(a) Article 342 of the M10 Insolvency (Northern Ireland) Order 1989 or section 371 of the M11 Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b) paragraph 15 of Schedule 1 to the M12 Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the M13 Solicitors Act 1974 (redirection of letters following intervention by Law Society); or

(c) paragraph 10 of Schedule 5 to the M14 Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”

Extent Information

E1 S. 20(1) does not extend to Northern Ireland; s. 20(2) extends only to Northern Ireland see s. 23(1)(2).

Commencement Information

I1 S. 20 partly in force; s. 20 not in force at Royal Assent, see s. 25; s. 20(1) in force for certain purposes at 25.8.1997 by S.I. 1997/2056, art. 2; s. 20(1) in force at 16.11.1998 for all other purposes by S.I. 1998/2779, art. 2; s. 20(2) in force at 5.4.1999 by S.I. 1999/1046, art. 2

Marginal Citations

M1 1992 c. 5.

M2 1953 c. 36.

M3 1986 c. 45.

M4 S.I. 1989/2405 (N.I.19).

M5 1974 c. 47.

M6 S.I. 1976/582 (N.I.12).

M7 1985 c. 61.

M8 1992 c. 8.

M9 1953 c. 36.

M10 S.I. 1989/2405 (N.I.19).

M11 1986 c. 45.

M12 S.I. 1976/582 (N.I.12).

M13 1974 c. 47.

M14 1985 c. 61.