The Social Security (Claims and Information) Regulations 2007

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

8.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(1) are amended as follows.

(2) In regulation 64 (time and manner in which claims are to be made)—

(a) after paragraph (5)(f)(2) add—

“(g) may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).”; and

(b) in paragraph (6)(d) and (e), after “authorised office” in each place insert “, county offices”.

(3) In regulation 89 (interpretation)—

(a) before the definition of “local authority” insert—

““county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 64(5)(g) or 90(3);”; and

(b) in the definition of “relevant authority”, after sub-paragraph (b) add—

“or

(c)

a county council;”.

(4) For regulation 90 (collection of information) substitute—

“Collection of information

90.— (1) The Secretary of State, or a person providing services to him, may receive or obtain relevant information from—

(a) persons making, or who have made, claims for housing benefit; or

(b) other persons in connection with such claims.

(2) In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.

(3) Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to claims for housing benefit, the council may receive or obtain the information or evidence from—

(a) persons making claims for housing benefit; or

(b) other persons in connection with such claims.

(4) A county council may receive information or evidence relating to an award of housing benefit which is supplied by—

(a) the person to whom the award has been made; or

(b) other persons in connection with the award.”.

(5) After regulation 90 insert—

“Verifying information

90A.   A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 90.”.

(6) For regulation 91 (recording and holding information) substitute—

“Recording and holding information

91.   A relevant authority which obtains relevant information or to whom such information is supplied—

(a) shall make a record of such information; and

(b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.”.

(7) In regulation 92 (forwarding of information) for sub-paragraph (b) substitute—

“(b) may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.”.

(1)

S.I. 2006/214.

(2)

Paragraph (5) was amended by S.I. 2006/2967.