The Social Security (Claims and Payments) Regulations 1987 No. 1968

Regulations 4ZC and 32ZA

[F1 SCHEDULE 9ZC E+W+S ELECTRONIC COMMUNICATION

Textual Amendments

F1 Sch. 9ZC inserted (1.12.2003) by The Social Security (Electronic Communications) (Carers Allowance) Order 2003 (S.I. 2003/2800), arts. 1(1), 2(4), Sch.

Modifications etc. (not altering text)

C1 Sch. 9ZC applied by SI 2006/215 reg 74A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 4(3))

C2 Sch. 9ZC applied by SI 2006/216 reg 59A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 5(3))

C3 Sch. 9ZC applied by SI 2001/3252, reg. 4(1E) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 3(2)(b))

C4 Sch. 9ZC applied by SI 2006/213, reg. 88A(3) (as inserted (23.1.2012) by The Social Security (Electronic Communications) (No. 2) Order 2011 (S.I. 2011/2943), arts. 1, 6(3))

PART 1 E+W+S INTRODUCTION

Interpretation E+W+S

1.   In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2 E+W+S ELECTRONIC COMMUNICATION – GENERAL PROVISIONS

Conditions for the use of electronic communication E+W+S

2.— [F2 (1) The Secretary of State may use an electronic communication in connection with claims for, and awards of—

(a) carer’s allowance;

(b) attendance allowance;

[F3 (ba) bereavement support payment;]

(c) disability living allowance;

(d) graduated retirement benefit;

(e) a jobseeker’s allowance;

(f) a retirement pension;

(g) state pension under Part 1 of the Pensions Act 2014;

(h) shared additional pension;

(i) industrial injuries benefit;

(j) an employment and support allowance;]

(k) [F4 a social fund funeral payment]

[F5 (l) state pension credit.]

[F6 (m) a social fund payment in respect of maternity expenses;

(n) maternity allowance.]

[F2 (1A) The Secretary of State may use an electronic communication in connection with awards of—

(a) incapacity benefit;

(b) income support;]

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) A person other than the Secretary of State may use an electronic communication in connection with the matters referred to in [F8 sub-paragraphs (1) and (1A)] if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Secretary of State.

(4) The second condition is that the person uses an approved method of—

(a) authenticating the identity of the sender of the communication;

(b) electronic communication;

(c) authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication; and

(d) subject to sub-paragraph (7), submitting to the Secretary of State any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule.

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Secretary of State.

(7) Where the person uses any method other than the method approved by the Secretary of State, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph “approved” means approved by means of a direction given by the Secretary of State for the purposes of this Schedule.

Textual Amendments

F2 Sch. 9ZC para. 2(1)(1A) substituted for Sch. 9ZC para. 2(1) (15.6.2016) by The Social Security (Claims and Payments) Amendment Regulations 2016 (S.I. 2016/544), reg. 2(5)(a)

F3 Sch. 9ZC para. 2(1)(ba) inserted (coming into force in accordance with art. 1-3 of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 10(14)

F4 Sch. 9ZC para. 2(1)(k) inserted (2.4.2018) by The Social Fund Funeral Expenses Amendment Regulations 2018 (S.I. 2018/61), regs. 1, 2(5)

F5 Sch. 9ZC para. 2(1)(l) inserted (4.5.2020) by The State Pension Credit (Coronavirus) (Electronic Claims) (Amendment) Regulations 2020 (S.I. 2020/456), regs. 1(1), 2(3)(a)

F6 Sch. 9ZC para. 2(1)(m)(n) inserted (9.7.2020) by The Social Fund and Social Security (Claims and Payments) (Amendment) Regulations 2020 (S.I. 2020/600), regs. 1(1), 4(5)

F7 Sch. 9ZC para. 2(1A)(c) omitted (4.5.2020) by virtue of The State Pension Credit (Coronavirus) (Electronic Claims) (Amendment) Regulations 2020 (S.I. 2020/456), regs. 1(1), 2(3)(b)

F8 Words in Sch. 9ZC para. 2(2) substituted (15.6.2016) by The Social Security (Claims and Payments) Amendment Regulations 2016 (S.I. 2016/544), reg. 2(5)(b)

Use of intermediaries E+W+S

3.   The Secretary of State may use intermediaries in connection with—

(a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

(b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3 E+W+S ELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communication E+W+S

4.— (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

(a) by this Schedule; and

(b) by or under an applicable enactment,

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of information E+W+S

5.   If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

(a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

(b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information E+W+S

6.— (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

(a) any such claim, certificate, notice, information or evidence has been delivered to the Secretary of State, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

(b) any such certificate, notice, information or evidence has been delivered by the Secretary of State, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Secretary of State has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information E+W+S

7.   If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.]