Part I U.K. Claims for and Payments and General Administration of Benefit

[F1 Sharing of functions as regards certain claims and information U.K.

Textual Amendments

F1 S. 7A and cross-heading inserted (11.11.1999) by the Welfare Reform and Pensions Act 1999 (c. 30), ss. 71, 89(4)(a)

7A Sharing of functions as regards certain claims and information U.K.

(1) Regulations may, for the purpose of supplementing the persons or bodies to whom claims for relevant benefits may be made, make provision—

(a) as regards housing benefit or council tax benefit, for claims for that benefit to be made to—

(i) a Minister of the Crown, or

(ii) a person providing services to a Minister of the Crown;

(b) as regards any other relevant benefit, for claims for that benefit to be made to—

(i) a local authority,

(ii) a person providing services to a local authority, or

(iii) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

[F2 (c) as regards any relevant benefit, for claims for that benefit to be made to—

(i) a county council in England,

(ii) a person providing services to a county council in England, or

(iii) a person authorised to exercise any function a county council in England has under this section.]

(2) Regulations may make provision for or in connection with—

(a) the forwarding by a relevant authority of—

(i) claims received by virtue of any provision authorised by subsection (1) above, and

(ii) information or evidence supplied in connection with making such claims (whether supplied by persons making the claims or by other persons);

(b) the receiving and forwarding by a relevant authority of information or evidence relating to social security [F3 or work] matters supplied by, or the obtaining by a relevant authority of such information or evidence from—

(i) persons making, or who have made, claims for a relevant benefit, or

(ii) other persons in connection with such claims

including information or evidence not relating to the claims or benefit in question;

(c) the recording by a relevant authority of information or evidence relating to social security [F3 or work] matters supplied to, or obtained by, the authority and the holding by the authority of such information or evidence (whether as supplied or obtained or as recorded);

(d) the giving of information or advice with respect to social security [F3 or work] matters by a relevant authority to persons making, or who have made, claims for a relevant benefit;

[F4 (e) the verification by a relevant authority of information or evidence supplied to or obtained by the authority in connection with a claim for or an award of a relevant benefit.]

(3) In paragraphs (b)[F5 , (d) and (e)] of subsection (2) above—

(a) references to claims for a relevant benefit are to such claims whether made as mentioned in subsection [F6 (1)(a), (b) or (c)] above or not; and

(b) references to persons who have made such claims include persons to whom awards of benefit have been made on the claims.

(4) Regulations under this section may make different provision for different areas.

(5) Regulations under any other enactment may make such different provision for different areas as appears to the Secretary of State expedient in connection with any exercise by regulations under this section of the power conferred by subsection (4) above.

(6) In this section—

(a) “benefit” includes child support or a war pension (any reference to a claim being read, in relation to child support, as a reference to an application [F7 (or an application treated as having been made)] under the Child Support Act 1991 for a [F8 maintenance calculation]);

(b) “local authority” means an authority administering housing benefit or council tax benefit;

[F9 (c) “relevant authority” means—

(i) a Minister of the Crown;

(ii) a local authority;

(iii) a county council in England;

(iv) a person providing services to a person mentioned in sub-paragraphs (i) to (iii);

(v) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(vi) a person authorised to exercise any function a county council in England has under this section;]

(d) “relevant benefit” means housing benefit, council tax benefit or any other benefit prescribed for the purposes of this section;

[F10 (e) “social security or work matters” means matters relating to—

(i) social security, child support or war pensions, or

(ii) employment or training;]

and in this subsection “war pension” means a war pension within the meaning of section 25 of the Social Security Act 1989 (establishment and functions of war pensions committees).]

Textual Amendments

F2 S. 7A(1)(c) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(2)(a), 70(1)

F3 Words in s. 7A(2) inserted (24.11.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 12(a); S.I. 2002/2866, art. 2(1), Sch. 1 Pt. 1

F4 S. 7A(2)(e) inserted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(2)(b), 70(1)

F5 Words in s. 7A(3) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(2)(c), 70(1)

F6 Words in s. 7A(3)(a) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(2)(d), 70(1)

F7 Words in s. 7A(6)(a) inserted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 12(a) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F8 Words in s. 7A(6)(a) substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(a)(2), Sch. 3 para. 12(b) (with s. 83(6)); S.I. 2003/192, art. 3, Sch.

F9 S. 7A(6)(c) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(2)(e), 70(1)

F10 S. 7A(6)(e) substituted (24.11.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 7 para. 12(b); S.I. 2002/2866, art. 2(1), Sch. 1 Pt. 1

[F11 7B Use of social security information U.K.

(1) A relevant authority may use for a relevant purpose any social security information which it holds.

(2) Regulations may make provision as to the procedure to be followed by a relevant authority for the purposes of any function it has relating to the administration of a specified benefit if the authority holds social security information which—

(a) is relevant for the purposes of anything which may or must be done by the authority in connection with a claim for or an award of the benefit, and

(b) was used by another relevant authority in connection with a claim for or an award of a different specified benefit or was verified by that other authority in accordance with regulations under section 7A(2)(e) above.

(3) A relevant purpose is anything which is done in relation to a claim which is made or which could be made for a specified benefit if it is done for the purpose of—

(a) identifying persons who may be entitled to such a benefit;

(b) encouraging or assisting a person to make such a claim;

(c) advising a person in relation to such a claim.

(4) Social security information means—

(a) information relating to social security, child support or war pensions;

(b) evidence obtained in connection with a claim for or an award of a specified benefit.

(5) A specified benefit is a benefit which is specified in regulations for the purposes of this section.

(6) Expressions used in this section and in section 7A have the same meaning in this section as in that section.

(7) This section does not affect any power which exists apart from this section to use for one purpose social security information obtained in connection with another purpose.]

Textual Amendments

F11 S. 7B inserted (1.10.2007) by Welfare Reform Act 2007 (c. 5), ss. 41(1), 70(2); S.I. 2007/2819, art. 2(1)(a)