Section 1: disclosure of information
5.Subsection (1) provides that the Secretary of State and the Northern Ireland department may, at the request of the BBC, supply the BBC with “social security information” (as defined in subsections (3) and (4)). Since, in practice, much of the administration of the television licensing system is carried out on behalf of the BBC by contractors, subsection (2) provides that, in subsection (1), the reference to the BBC includes persons providing services to the BBC in connection with television licences. A “person” includes a company.
6.Subsections (3) and (4) define “social security information”. Subsection (3) relates to Great Britain, and subsection (4) to Northern Ireland. “Social security information” means information of a prescribed description held by the DSS or the Northern Ireland department (or on their behalf, such as by a contractor providing computer services) and obtained as a result, or for the purpose, of the exercise of functions in relation to social security or, in the case of the DSS only, “war pensions”. The Northern Ireland department has no functions in relation to war pensions.
7.Thus the Secretary of State has power to make an order under these provisions describing the information that may be supplied to the BBC. Such an order was made on 21st July 2000 (the Television Licences (Disclosure of Information) Act 2000 (Prescription of Information) Order 2000 (S.I. 2000 No. 1955)), coming into force on 1st August 2000. It prescribes as “social security information” the following−
the name, date of birth, address and national insurance number of an individual aged 74 years or over; and
in a case where such an individual has died, that fact and the date on which he died.
8.The system will be set up by supplying the BBC with a one-off extract of relevant records, followed by regular updates to take account of individuals approaching 75. Passing information on persons aged 74−rather than 75−or more will ensure that the information is already available to the BBC at the time when a person attains the age of eligibility. The information will also assist the BBC in determining whether a person can be issued with a short-term television licence. This is a new form of licence to be issued in connection with free licences, available only to persons who are about to become eligible for a free licence (for example, they are coming up to their 75th birthday). The short-term licence was created so that, rather than pay for the normal full year, an eligible person can pay a fee based on the number of months between the date their previous licence expired and the date of their becoming eligible for a free licence. The BBC would need to check that the applicant would become so eligible on the date claimed.
9.“Social security” is not defined but is intended to encompass a range of benefits including retirement pensions, income support, severe disablement allowance and attendance allowance. Child support is not included.
10.“War pension” means−
any pension or other benefit (not payable under statute) for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces;
any pension or benefit awarded under the Personal Injuries (Emergency Provisions) Act 1939, the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or the Polish Resettlement Act 1947;
certain pensions or other payments to seamen and fishermen killed or injured in the 1914 − 18 War; and
any other pension or benefit specified for the purpose by the Secretary of State.
11.It does not, however, include pensions or benefits administered by the Defence Council, the Ministry of Defence or the Commissioners of the Royal Hospital for Pensioners at Chelsea. This is the definition given in section 25 of the Social Security Act 1989 and applies in the Act by virtue of section 5.
