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The Social Security (Electronic Communications) (Child Benefit) Order 2002

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Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Social Security (Electronic Communications) (Child Benefit) Order 2002 No. 1789

Explanatory Note

(This note is not part of the Order)

This Order amends the Social Security (Claims and Payments) Regulations 1987 (“the Claims and Payments Regulations”), the Child Benefit (General) Regulations 1976, the Social Security (Guardian’s Allowances) Regulations 1975 and the Social Security (Notification of Change of Circumstances) Regulations 2001 so as to make provision for claims for child benefit to be made electronically.

Article 1 provides for citation, commencement and interpretation of the Order.

Articles 2, 3, 4 and 5 amend the Claims and Payments Regulations. Article 2 amends regulation 2 of those regulations inserting new definitions into that regulation. Article 3 inserts a new regulation 4C, which authorises the use of electronic communication to make a claim for, and to provide any certificate, notice, information or evidence connected with a claim for child benefit subject to the provisions set out in Schedule 9C. Article 4 inserts a new regulation 32A, which provides for the giving of information in relation to child benefit to be given by means of an electronic communication subject to the provisions set out in Schedule 9C. Article 5 inserts a new Schedule; this Schedule sets out the conditions to be satisfied where a claim for child benefit is made by means of an electronic communication and makes other provisions which apply to any electronic communication made in connection with child benefit.

Article 6 adds a new regulation 2A to the Child Benefit (General) Regulations 1976 to provide that any nomination, election or notice given under regulations 2, 13 or 14 of those Regulations may be made by way of an electronic communication in accordance with the provisions set out in Schedule 9C to the Claims and Payments Regulations.

Article 7 adds a new regulation 6B to the Social Security (Guardian’s Allowances) Regulations 1975 to provide that any election given under regulation 6A of those Regulations may be made by way of an electronic communication in accordance with the provisions set out in Schedule 9C to the Claims and Payments Regulations.

Article 8 adds a new paragraph (1A) to regulation 5 of the Social Security (Notification of Change of Circumstances) Regulations 2001 to provide that where a change of circumstances is notified in respect of child benefit for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Social Security Administration Act 1992, by an electronic communication, the provisions set out in Schedule 9C to the Claims and Payments Regulations apply to that notification.

This Order does not impose a charge on business.

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