Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Part XIV N.I. Miscellaneous

[F1 Redirection of post] N.I.

Textual Amendments

F1 S. 158A and the precedingcross-heading inserted (5.4.1999) by 1997 c. 47, s. 20(2); S.I. 1999/1046, art. 2

[158A Return of social security post. N.I.

(1) A social security authority may require [F2 a postal operator (within the meaning of the Postal Services Act 2000)] to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2) A social security authority shall make payments of such amount as the Department considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3) In subsections (1) and (2) above “social security authority” means—

(a) the Department;

(b) the Housing Executive;

(c) the Secretary of State; or

(d) any local or other authority administering housing benefit or council tax benefit (other than the Housing Executive).

(4) In subsections (1) and (2) above “social security post” means postal packets—

(a) the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b) which are marked, in a manner approved by the [F3 postal operator concerned], with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5) In this section—

(a) “redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b) “postal packet” has the same meaning as in the [F4 Postal Services Act 2000].

(6) Any requirement imposed under subsection (1) above has effect subject to any order under—

(a) Article 342 of the M1 Insolvency (Northern Ireland) Order 1989 or section 371 of the M2 Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b) paragraph 15 of Schedule 1 to the M3 Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the M4 Solicitors Act 1974 (redirection of letters following intervention by Law Society); or

(c) paragraph 10 of Schedule 5 to the M5 Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).]

Textual Amendments

F2 Words in s. 158A(1) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(2)(a)

F3 Words in s. 158A(4)(b) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(2)(b)

F4 Words in s. 158A(5)(b) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(2)(c)

Modifications etc. (not altering text)

C1 S. 158A restricted (5.10.1999) by 1999 c. 10, ss. 2(3), 20(2), Sch. 2 Pt. IV para. 16

Marginal Citations

M1 S.I. 1989/2405 (N.I.19).

M2 1986 c. 45.

M3 S.I. 1976/582 (N.I.12).

M4 1974 c. 47.

M5 1985 c. 61.

[F5 158B Requirement to supply information about redirection of post. N.I.

(1) The Department or the Secretary of State may require [F6 a postal operator]] to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Department or the Secretary of State—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b) for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(2) The Housing Executive or any other local or other authority administering housing benefit or council tax benefit may require [F6 a postal operator] to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—

(a) for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or

(b) for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.

(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.

(4) Payments of such amount as the Department considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.

(5) Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—

(a) it could be supplied to that person or body under either of those subsections; or

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the M6 Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them.

(6) But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—

(a) supplied to any person or body to whom that other information could be supplied; or

(b) used for any purpose for which that other information could be used.

(7) In subsections (1) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the [F6 postal operator concerned] for the delivery of postal packets to addresses other than those indicated by senders on the packets.

(8) In this section [F7 -

• “postal operator” has the same meaning as in the Postal Services Act 2000;]

• “postal packet” has the same meaning as in [F8 that Act].

Textual Amendments

F5 S. 158B inserted (5.4.1999) by 1997 c. 47, s. 21(2); S.I. 1999/1046, art. 2

F6 Words in s. 158B(1)(2)(7) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(3)

F7 Words in 158B(8) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(3)(d)

F8 Words in s. 158B(8) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. para. 94(3)(d)

Modifications etc. (not altering text)

C2 S. 158B extended (6.4.2003) by The Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147), art. 1(2), Sch. 8 para. 32(1), (2)(d), (3); S.R. 2003/204, art. 2

C3 S. 158B restricted (5.10.1999) by 1999 c. 10, ss. 2(3), 20(2), Sch. 2 Pt. IV para. 16

S. 158B: functions modified (prosp.) by S.I. 1999/3147 (N.I. 11), arts. 1(2), 67, Sch. 8 para. 32 (with art. 75)

Marginal Citations

M6 S.I. 1995/2705 (N.I.15).