Child Support, Pensions and Social Security Act 2000

Child Support, Pensions and Social Security Act 2000

2000 CHAPTER 19

Part III: Social Security Administration

Commentary on Sections

Section 64: Information provision

707. This section concerns the provision of information. It enables regulations to be made which will allow information to be exchanged between the Probation Service (in England and Wales) and local authorities (who control probation functions in Scotland) on the one hand, and officers of the Department of Social Security and the Department for Education and Employment on the other.

708. Subsection (1) provides that a court will be required to explain to an offender that a benefit sanction will arise as a consequence of failing to comply with a community sentence.

709. Subsection (2) enables the Secretary of State to make regulations requiring the probation service to notify the DSS or DfEE, at the prescribed time and in the prescribed manner, of the following:

• that an information has been laid at court relating to a breach of a community sentence;

• that a Court has made a determination that the offender has failed without reasonable excuse to comply with his community sentence;

• prescribed information about the offender;

• any circumstances, whereby any adjustment or repayment may need to be made, as specified in sections 62(6) and 63(6).

710. Subsection (3) enables the High Court of Justiciary in Scotland to make Rules of Court requiring the Clerk of Court to notify the Secretary of State of the commencement and determination of court proceedings, such information about the offender as the court may specify and of any circumstances whereby any adjustment or repayment may need to be made. Subsection (11) specifies when such proceedings are commenced.

711. Subsection (4) imposes an obligation on the Secretary of State (in practice the Benefits Agency), to notify the offender, when an information is laid or proceedings commenced, that he will suffer a loss of benefit if the court determines that he has breached his order. Subsection (5) requires that the offender should be notified as soon as is reasonably practicable.

712. Subsection (6) allows regulations to be made relating to:

(a)

how a person, listed in subsection (7), uses information relating to community orders or social security benefits;

(b)

how people exchange information; and

(c)

the purposes for which a person may use the  information supplied.

713. Regulations under this subsection will prescribe the manner in which the Probation Services and the Benefits Agency will exchange information and the uses to which the information can be put. The intention is to allow exchange of information on, for example, benefit receipt, identity and address, the laying of information (or the commencement of Scottish court proceedings) and the outcome of the court proceedings, between the Probation Service (or in Scotland, local authorities controlling probation functions), the Benefits Agency, the Employment Service and private sector service providers. The information exchanged will need to be sufficient to identify the offender and to ensure these provisions are properly implemented. This information will not include details of the original offence in respect of which the original Order was made. However, information for evaluation, statistical and research purposes will also be included, which may go wider than that required for pure implementation of the benefit sanction regime.

714. Subsection (7) lists those persons authorised under subsection (6) above.

715. Subsection (8) allows regulations to be made covering how exchanged information can be used and passed on.

716. Subsection (9) provides that the explanation which the court is to give under subsection (1) (about the consequences of failure to comply with a community order) will be treated as part of the explanation which the court is required to give to an offender under the relevant Scottish legislation, before it makes a community service order or a probation order.