The Social Security and Child Support (Decisions and Appeals) Regulations 1999

Provision of information or evidence E+W+S

17.— [F1 (1) This regulation applies where the Secretary of State requires information or evidence for a determination whether a decision awarding a relevant benefit should be—

(a) revised under section 9; or

(b) superseded under section 10.

(2) For the purposes of paragraph (1), the following persons must satisfy the requirements of paragraph (4)—

(a) a person in respect of whom payment of a benefit has been suspended in the circumstances prescribed in regulation 16(3)(a);

(b) a person who has made an application for a decision of the Secretary of State to be revised or superseded;

[F2 (c) a person from whom the Secretary of State requires information or evidence under regulation 32(1) of the Claims and Payments Regulations;

(ca) a person from whom the Secretary of State requires documents, certificates or other evidence under regulation 24(5) or (5A) of the Jobseeker’s Allowance Regulations;]

(d) a person who qualifies for income support by virtue of paragraph 7 of Schedule 1B to the Income Support Regulations M1 ;

(e) a person whose entitlement to benefit is conditional upon his being, or being treated as, incapable of work.

[F3 (f) a person whose entitlement to an employment and support allowance is conditional on his having, or being treated as having, limited capability for work.]

(3) The Secretary of State shall notify any person to whom paragraph (2) refers of the requirements of this regulation.

(4) A person to whom paragraph (2) refers must either—

(a) supply the information or evidence within—

[F4 (i) a period of 14 days beginning with the date on which the notification under paragraph (3) was sent to him or such longer period as the Secretary of State allows in that notification; or]

(ii) such longer period as he satisfies the Secretary of State is necessary in order to enable him to comply with the requirement; or

(b) satisfy the Secretary of State within the [F5 period applicable under] sub-paragraph (a)(i) that either—

(i) the information or evidence required of him does not exist; or

(ii) that it is not possible for him to obtain it.

[F6 (4A) In relation to a person to whom paragraph (2)(ca) refers, paragraph (4)(a)(i) has effect as if for “14 days” there were substituted “7 days”.]

(5) The Secretary of State may suspend the payment of a relevant benefit, in whole or in part, to any person to whom paragraph (2)(b) to [F7 (f)] applies who fails to satisfy the requirements of paragraph (4).

(6)  In this regulation, “evidence” includes evidence which a person is required to provide in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations 1976 M2 . ]

[F1 (1) This regulation applies where the Board require information or evidence for a determination whether a decision awarding tax credit should be—

(a) revised under section 9; or

(b) superseded under section 10.

(2) The relevant person shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.

(3) In paragraph (2) “the relevant person” means any of the following—

(a) the claimant concerned;

(b) where the tax credit could have been claimed by either of two partners or where entitlement to or the amount of the tax credit was affected or liable to be affected by the circumstances of either partner, the partner other than the claimant;

(c) the employer of the claimant or, where sub-paragraph (b) applies, the employer of the partner other than the claimant.

(4) Where the claimant or any partner of the claimant is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, the claimant shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information—

(a) the name and address of the pension fund holder;

(b) such other information, including any reference number or policy number, as is needed to enable the personal pension scheme or retirement annuity contract to be identified.

(5) A pension fund holder to whom paragraph (4) applies shall, where the Board so require and within one month of being required to do so or such longer period as the Board may consider reasonable, provide the Board with the information specified in paragraph (6).

(6) The information referred to in this paragraph is—

(a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b) in the case of—

(i) a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme; or

(ii) a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

(7) Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges (within the meaning of that regulation), including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence as may be required by the Board for the purposes of paragraph (1), and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.]

Textual Amendments

F1 Regs. 17 18 substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Decisions and Appeals) (Amendment) Regulations 1999 (S.I. 1999/2570) , regs. 1 , 13

F2 Reg. 17(2)(c)(ca) substituted for reg. 17(2)(c) (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 4(3)(a)

F3 Reg. 17(2)(f) added (27.7.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554) , regs. 1(2)(a) , 40

F4 Reg. 17(4)(a)(i) substituted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 4(3)(b)

F5 Words in reg. 17(4)(b) substituted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 4(3)(c)

F6 Reg. 17(4A) inserted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 4(3)(d)

F7 Word in reg. 17(5) substituted (28.6.2010) by Social Security (Miscellaneous Amendments) (No.3) Regulations 2010 (S.I. 2010/840), regs. 1, 7(6)

Marginal Citations

M1 Schedule 1B was inserted by S.I. 1996/206 .

M2 S.I. 1976/615 ; relevant amending instruments are S.I. 1982/699 , 1992/247 and 1994/2975.