Social Security Administration Act 1992 (c. 5)

Part VII U.K. Information

[F1 Authorities administering housing benefit or council tax benefit U.K.

Textual Amendments

F1 Ss. 122C-122E and cross-heading inserted (1.7.1997 for specified purposes, 2.3.2004 in so far as not already in force) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 3, 25(1); S.I. 1997/1577, art. 2, Sch.; S.I. 2004/564, art. 2

122C Supply of information to authorities administering benefit U.K.

[F2 (1) This section applies to information relating to social security[F3 , child support or war pensions, or employment or training,] which is held—

(a) by the Secretary of State or the Northern Ireland Department; or

(b) by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.

(2) Information to which this section applies may be supplied to—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

for use in the administration of such a benefit [F4 or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above].

(3) But where information to which this section applies has been supplied to the Secretary of State, the Northern Ireland Department or the person providing services under section 122 or 122B above, it may only be supplied under subsection (2) above—

(a) for use in the prevention, detection, investigation or prosecution of [F5 benefit offences (within the meaning of Part 6 above)]; or

(b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.

(4) The Secretary of State or the Northern Ireland Department—

(a) may impose conditions on the use of information supplied under subsection (2) above; and

(b) may charge a reasonable fee in respect of the cost of supplying information under that subsection.

(5) Where information is supplied to an authority or other person under subsection (2) above, the authority or other person shall have regard to it in the exercise of any function relating to housing benefit or council tax benefit.

(6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it is supplied—

(i) by an authority to a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit; or

(ii) by a person authorised to exercise any function of an authority relating to such a benefit to the authority;

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995[F6 , Part 1 of the Welfare Reform Act 2007][F7 , Part 4 of the Welfare Reform Act 2012] or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or

(c) it is supplied under section 122D or 122E below.

(7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 122(4) or 122B(4) above).

[F8 (8) In this section and section 122D below “war pension” has the same meaning as in section 25 of the Social Security Act 1989.]

Textual Amendments

F2 Ss. 122C-122E repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F3 Words in s. 122C(1) inserted (9.9.2020) by Employment Act 2002 (c. 22), s. 55(2), Sch 6 para 2(a); S.I. 2002/2256, art. 2(a)

F4 Words in s. 122C(2) inserted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(1)(a); S.I. 2009/1608, art. 2

F5 Words in s. 122C(3)(a) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(1)(b); S.I. 2009/1608, art. 2

F6 Words in s. 122C(6)(b) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(15); S.I. 2008/787, art. 2(4)(b)(f)

F7 Words in s. 122C(6)(b) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 14; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F8 S. 122C(8) inserted (9.9.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 6 para. 2(b); S.I. 2002/2256, art. 2(a)

Modifications etc. (not altering text)

C1 S. 122C modified (6.4.2003) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 34; S.I. 2003/936, art. 2

C2 Ss. 122B-122E modified (31.5.2001) by Departments (Transfer of Functions) Order (Northern Ireland) 2001 (S.R. 2001/229), arts. 1(2), 4(1)(b)

122D Supply of information by authorities administering benefit U.K.

(1) The Secretary of State or the Northern Ireland Department may require—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

to supply [F9 relevant benefit information] held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department for use for any purpose relating to social security[F10 , child support or war pensions, [F11 employment or training, private pensions policy or retirement planning]].

(2) The Secretary of State or the Northern Ireland Department may require—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit,

to supply benefit policy information held by the authority or other person to, or to a person providing services to, the Secretary of State or the Northern Ireland Department.

[F12 (2A) Information supplied under subsection (2)[F13 , in addition to any other purpose for which the information may be used,] may be used for any purpose relating to private pensions policy or retirement planning.]

(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be [F14 specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department].

[F15 (4) In subsection (1) “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit by the authority or other person.]

(5) In subsection (2) above “benefit policy information” means any information which may be relevant to the Secretary of State or the Northern Ireland Department—

(a) in preparing estimates of likely future expenditure on [F16 any relevant social security benefit]; or

(b) in developing policy relating to [F16 any relevant social security benefit].

[F17 (6) In this section—

• “private pensions policy” means policy relating to occupational pension schemes or personal pension schemes (within the meaning given by section 1 of the Pension Schemes Act 1993);

• [F18 “relevant social security benefit” has the same meaning as in section 121DA above;]

• “retirement planning” means promoting financial planning for retirement.]

Textual Amendments

F2 Ss. 122C-122E repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F9 Words in s. 122D(1) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(2)(a); S.I. 2009/1608, art. 2

F10 Words in s. 122D(1) inserted (9.9.2002) by Employment Act 2002 (c. 22), Sch. 6 para. 3; S.I. 2002/2256, art. 2(a)

F11 Words in s. 122D(1) substituted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 3(2)

F12 S. 122D(2A) inserted (18.11.2004) by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 3(3)

F13 Words in s. 122D(2A) inserted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(2)(b); S.I. 2009/1608, art. 2

F14 Words in s. 122D(3) substituted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), s. 6; S.I. 2002/1222, art. 2(d)

F15 S. 122D(4) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(2)(c); S.I. 2009/1608, art. 2

F16 Words in s. 122D(5) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(2)(d); S.I. 2009/1608, art. 2

F17 S. 122D(6) inserted (18.11.2004)by Pensions Act 2004 (c. 35), s. 322(2)(a), Sch. 10 para. 3(4)

F18 Words in s. 122D(6) inserted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(2)(e); S.I. 2009/1608, art. 2

Modifications etc. (not altering text)

C2 Ss. 122B-122E modified (31.5.2001) by Departments (Transfer of Functions) Order (Northern Ireland) 2001 (S.R. 2001/229), arts. 1(2), 4(1)(b)

C3 S. 122D modified (6.4.2003) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 34; S.I. 2003/936, art. 2

C4 S. 122D extended by Social Security Administration (Northern Ireland) Act 1992 (c. 8), s. 155A(5) (as inserted (14.2.2003) by Social Security Fraud Act 2001 (c. 11), s. 5(2))

122E Supply of information between authorities administering benefit U.K.

(1) This section applies to [F19 relevant benefit information] which is held by—

(a) an authority administering housing benefit or council tax benefit; or

(b) a person authorised to exercise any function of such an authority relating to such a benefit.

(2) Information to which this section applies may be supplied to another such authority or person—

(a) for use in the prevention, detection, investigation or prosecution of [F20 benefit offences (within the meaning of Part 6 above)]; or

(b) for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.

(3) The Secretary of State or the Northern Ireland Department may require information to which this section applies and which is of a prescribed description to be supplied in prescribed circumstances to another such authority or person for use in the administration of housing benefit or council tax benefit.

(4) Information shall be supplied under subsection (3) above in such manner and form, and in accordance with such requirements, as may be [F21 specified in directions given by the Secretary of State or, as the case may be, the Northern Ireland Department].

(5) Where information supplied under subsection (2) or (3) above has been used in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

[F22 (6) In this section “relevant benefit information”, in relation to an authority or other person, means any information which is relevant to the exercise of any function relating to a relevant social security benefit (within the meaning of section 121DA above) by the authority or other person.]

(7) This section does not limit the circumstances in which information may be supplied apart from this section.]]

Textual Amendments

F2 Ss. 122C-122E repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F19 Words in s. 122E(1) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), ss. 48(3)(a), 70(2); S.I. 2009/1608, art. 2

F20 Words in s. 122E(2)(a) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), ss. 48(3)(b), 70(2); S.I. 2009/1608, art. 2

F21 Words in s. 122E(4) substituted (30.4.2002) by Social Security Fraud Act 2001 (c. 11), ss. 6, 20(1); S.I. 2002/1222, art. 2(d)

F22 S. 122E(6) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), ss. 48(3)(c), 70(2); S.I. 2009/1608, art. 2

Modifications etc. (not altering text)

C2 Ss. 122B-122E modified (31.5.2001) by Departments (Transfer of Functions) Order (Northern Ireland) 2001 (S.R. 2001/229), arts. 1(2), 4(1)(b)

C5 S. 122E modified (6.4.2003) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 34; S.I. 2003/936, art. 2