The Social Security (Claims and Information) Regulations 2007

Amendment of the Social Security (Claims and Payments) Regulations 1987

6.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.

(2) In regulation 4 (making a claim for benefit)—

(a) in paragraph (6A)(2)—

(i) for “Paragraphs (6B) and (6C) apply in relation to a person” substitute “This paragraph applies to a person”;

(ii) for sub-paragraphs (c) and (d) substitute—

“(c) who makes a claim for income support; or

(d) who has not attained the qualifying age and who makes a claim for a carer’s allowance, disability living allowance or incapacity benefit.”; and

(b) in paragraph (6B)(3), for sub-paragraph (b) substitute—

“(b) the offices of—

(i) a local authority administering housing benefit or council tax benefit,

(ii) a county council in England,

(iii) a person providing services to a person mentioned in head (i) or (ii),

(iv) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, or

(v) a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this sub-paragraph,”; and

(c) in paragraph (6C)(4), after sub-paragraph (c) insert—

“(cc) may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;”.

(3) In regulation 4D(5) (making a claim for state pension credit)—

(a) for paragraph (4)(6) substitute—

“(4) A claim made in writing may also be made at the offices of—

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

(b) a county council in England;

(c) a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d) a person authorised to exercise any functions of a local authority relating to housing benefit or council tax benefit; or

(e) a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992,

if the Secretary of State has arranged with the local authority, county council or other person for them to receive claims in accordance with this paragraph.”; and

(b) in paragraph (5)(7), after sub-paragraph (c) insert—

“(cc) may verify any non-medical information or evidence supplied or obtained in accordance with sub-paragraph (b) or (c) and shall forward it to the Secretary of State as soon as reasonably practicable;”.

(4) In regulation 6(1E)(8) (claims for incapacity benefit), omit “who has attained the qualifying age”.

(5) After regulation 32A (information given electronically) insert—

“Information relating to awards of benefit

32B.— (1) Where an authority or person to whom paragraph (2) applies has arranged with the Secretary of State for the authority or person to receive claims for a specified benefit or obtain information or evidence relating to claims for a specified benefit in accordance with regulation 4 or 4D, the authority or person may—

(a) receive information or evidence which relates to an award of that benefit and which is supplied by—

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

(ii) other persons in connection with the award,

and shall forward it to the Secretary of State as soon as reasonably practicable;

(b) verify any information or evidence supplied; and

(c) record the information or evidence supplied and hold it (whether as supplied or recorded) for the purpose of forwarding it to the Secretary of State.

(2) This paragraph applies to—

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

(b) a county council in England;

(c) a person providing services to a person mentioned in sub-paragraph (a) or (b);

(d) a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit;

(e) a person authorised to exercise any function a county council in England has under section 7A of the Social Security Administration Act 1992.

(3) In paragraph (1), “specified benefit” means one or more of the following benefits—

(a) attendance allowance;

(b) bereavement allowance;

(c) bereavement payment;

(d) carer’s allowance;

(e) disability living allowance;

(f) incapacity benefit;

(g) income support;

(h) jobseeker’s allowance;

(i) retirement pension;

(j) state pension credit;

(k) widowed parent’s allowance;

(l) winter fuel payment.”.

(1)

S.I. 1987/1968.

(2)

Paragraph (6A) was inserted by S.I. 2003/1632 and amended by S.I. 2005/1551 and 2006/832.

(3)

Paragraph (6B) was inserted by S.I. 2003/1632.

(4)

Paragraph (6C) was inserted by S.I. 2003/1632.

(5)

Regulation 4D was inserted by S.I. 2002/3019.

(6)

Paragraph (4) was amended by S.I. 2003/1632.

(7)

Paragraph (5) was substituted by S.I. 2005/337.

(8)

Paragraph (1E) was inserted by S.I. 2006/832.