The Child Benefit and Guardian’s Allowance (Administrative Arrangements) Regulations 2003

Prospective

Recording, verification and holding, and forwarding, of claims etc. received by relevant authorities U.K.

5.—(1) A relevant authority may record and hold—

(a) claims and notifications received by virtue of the any of the principal Regulations; and

(b) information or evidence received by virtue of regulation 3(2).

(2) Subject to paragraphs (3) and (4), a relevant authority or a person providing services to the Board must forward to the Board such a claim or notification, or such information or evidence, as soon as reasonably practicable after being satisfied that it is complete.

(3) Before forwarding a claim or notification in accordance with paragraph (2), a relevant authority must verify whether the details of the claim or notification are consistent with any details held by it which have been provided in connection with a relevant claim for benefit that relates to—

(a) the person by whom the claim for child benefit or guardian’s allowance is or has been made; or

(b) the child in respect of whom the child benefit or guardian’s allowance is payable.

(4) Before forwarding a claim in accordance with paragraph (2), a relevant authority must verify that—

(a) any national insurance number provided in respect of the person by whom the claim is made exists and has been allocated to that person;

(b) the matters verified in accordance with sub-paragraph (a) accord with—

(i) its own records; or

(ii) in the case of a person providing services to the Secretary of State or the Department for Social Development in Northern Ireland, records held by the Secretary of State or that Department.

(5) Before forwarding a claim in accordance with paragraph (2), a relevant authority may verify the existence of any original document provided by the person making the claim which is required to be returned to him.

(6) If a relevant authority cannot locate any national insurance number in respect of a person by whom such a claim is made, it must forward to the Board or a person providing services to the Board the claim.

(7) “National insurance number” means the national insurance number allocated within the meaning of—

(a) regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001(1); or

(b) regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001(2).

(8) “Claim for benefit” means a claim for—

(a) a benefit in relation to which—

(i) the Secretary of State has functions under the Social Security Contributions and Benefits Act 1992(3); or

(ii) the Department for Social Development in Northern Ireland has functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992(4); or

(b) a jobseeker’s allowance under—

(i) the Jobseekers Act 1995(5); or

(ii) the Jobseekers (Northern Ireland) Order 1995(6).

Commencement Information

I1 Reg. 5 in force at 7.4.2003 (in accordance with reg. 1), see reg. 1

(1)

S.I. 2001/769.

(2)

S.R. 2001 No. 102.

(3)

1992 c. 4.

(4)

1992 c. 7. The functions of the Department of Health and Social Services for Northern Ireland under this Act were transferred to the Department for Social Development in Northern Ireland by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).

(5)

1995 c. 18.

(6)

S.I. 1995/2705 (N.I. 15).