1999 No. 3108

SOCIAL SECURITY

The Social Security (Claims and Information) Regulations 1999

Made

Laid before Parliament

Coming into force

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 2C, 7A, 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992M1 and sections 72 and 83(1) and (4) to (8) of the Welfare Reform and Pensions Act 1999M2 and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concernedM3, by this instrument, which contains only regulations made by virtue of or consequential upon sections 58, 71 and 72 of the Welfare Reform and Pensions Act 1999 and which is made before the end of a period of 6 months beginning with the coming into force of those provisionsM4, hereby makes the following Regulations:

Annotations:
Marginal Citations
M1

1992 c.5; sections 2C and 7A were inserted by respectively sections 58 and 71 of the Welfare Reform and Pensions Act 1999 (c.30); section 191 is an interpretation provision and is cited because of the meaning assigned to the word 'prescribe'.

M3

See section 176(1)(a) of the Social Security Administration Act 1992.(c. 5).

M4

See section 173(5)(b) of the Social Security Administration Act 1992.

Citation and commencement1

These Regulations may be cited as the Social Security (Claims and Information) Regulations 1999 and shall come into force on 29th November 1999.

Interpretation2

In these Regulations,—

  • “the Act" means the Welfare Reform and Pensions Act 1999;

  • “the Child Support Acts" means the Child Support Act 1991 M5 and the Child Support Act 1995 M6;

  • F15...

  • F15...

  • “relevant authority" means a person within section 72(2) of the Act.

Work-focused interview3

A work-focused interview is an interview conducted for any or all of the following purposes—

a

assessing a person’s prospects for existing or future employment (whether paid or voluntary);

b

assisting or encouraging a person to enhance his prospects of such employment;

c

identifying activities which the person may undertake to strengthen his existing or future prospects of such employment;

d

identifying current or future employment or training opportunities suitable to the person’s needs; and

e

identifying educational opportunities connected with the existing or future employment prospects or needs of the person.

Additional functions of local authorities4

1

A local authority to whom Part I of Schedule I to these Regulations applies may conduct a work-focused interview with, or provide assistance to, a person to whom paragraphs (2) and (3) apply, where the interview or assistance is requested or consented to by that person.

2

This paragraph applies to a person who resides in a postcode district identified in Part I of Schedule 2 to these Regulations.

3

This paragraph applies to any person making a claim for, or entitled to, any benefit specified in paragraph (4) and applies whether or not a person has had an interview in accordance with regulations made under section 2A of the Administration Act M7.

4

The benefits specified in this paragraph are—

a

income support;

b

housing benefit;

c

council tax benefit;

d

widow’s benefit;

e

bereavement benefits;

F26ea

bereavement support payment under section 30 of the Pensions Act 2014;

f

incapacity benefit;

g

severe disablement allowance;

h

F7carer’s allowance;

i

a jobseeker’s allowance;

j

disability living allowance.

5

For the purposes of paragraph (1), the request or consent may be made or given to —

a

the local authority conducting the interview or giving the assistance;

b

any person who, or authority which, may be specified as a designated authority for the purposes of section 2A(8) of the Administration Act; or

c

a person designated an employment officer for the purposes of section 9 of the Jobseekers Act 1995 M8.

6

For the purposes of carrying out functions under paragraph (1), a local authority may in particular—

a

obtain and receive information or evidence for the purpose of any work-focused interview to be conducted with that person;

b

arrange for the work-focused interview to be conducted by one of the following —

i

the Secretary of State;

ii

a person providing services to the Secretary of State; or

iii

a person providing services to, or authorised to exercise any function of, the local authority;

c

forward information supplied for the purpose of a work-focused interview to any person or authority conducting that interview;

d

take steps to identify potential employment or training opportunities for persons taking part in work-focused interviews;

F2e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

take steps to identify—

i

obstacles which may hinder a person in taking up employment or training opportunities;

ii

educational opportunities which may assist in reducing or removing such obstacles; and

g

record information supplied at a work-focused interview.

Further provisions as to claims5

F9The following regulations shall be inserted after regulation 4 of the Social Security (Claims and Payments) Regulations 1987 M9—

Further provisions as to claims4A

1

Where a claimant resides in both—

a

the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999 M10; and

b

a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999,

any claim for a benefit to which paragraph (2) applies may be made to any office displaying the One logo M11 (whether or not that office is situated within the area of the local authority in which the claimant resides).

2

The benefits to which this paragraph applies are —

a

a jobseeker’s allowance;

b

income support;

c

incapacity benefit;

d

invalid care allowance;

e

severe disablement allowance;

f

widow’s benefit;

g

bereavement benefits;

h

disability living allowance.

3

A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker’s allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case.

4

In the case of a claim for income support or a jobseeker’s allowance, the provisions of regulation 4(1A) to (1C) M12 shall apply.

5

In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the “appropriate office" in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1).

6

In these Regulations, a “participating authority" means any local authority or person to whom claims may be made in accordance with paragraph (1).

Forwarding claims and information4B

1

A participating authority may —

a

record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit;

b

give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies.

2

A participating authority shall forward to the Secretary of State —

a

any claim for benefit, other than a claim for housing benefit or council tax benefit, together with any information or evidence supplied to the authority in connection with that claim; and

b

any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit or council tax benefit given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.

War Pensions and Child Support6

1

Where a person resides in the area of an authority to which F1paragraph (3) refers, he may make a claim for a war pension, or submit an application under the Child Support Acts to any office F3of a relevant authority displaying the One logo (whether or not that office is situated within the area of the local authority in which the person resides).

2

Any change of circumstances arising since a claim or application was made in accordance with paragraph (1) may be reported to the office to which that claim or application was made.

3

The areas to which this paragraph refers are those areas which are within both —

a

the area of a local authority identified in Part I or II of Schedule 1 to these Regulations, and

b

a postcode area identified in Part I or II of Schedule 2 to these Regulations.

4

A person making a claim or application to a participating authority in accordance with paragraph (1) shall comply with any requirements for the time being in force in relation to —

a

claims for war pensions or applications under the Child Support Acts;

b

the provision of information and evidence in support of such claims or applications,

as if those requirements also applied to the participating authority.

5

A participating authority shall forward to the Secretary of State —

a

any claim for a war pension or application under the Child Support Acts made in accordance with this regulation;

b

details of changes of circumstances reported to the authority in accordance with this regulation; and

c

any information or evidence —

i

given to the authority by the person making a claim or application or reporting the change of circumstances; or

ii

which is relevant to the claim or application or the change reported and which is held by the authority.

6

For the purpose of this regulation, a “participating authority" means any authority or person to whom a claim or application may be made or change of circumstances reported in accordance with paragraphs (1) and (2).

Holding information7

A relevant authority to whom information or evidence relating to social security matters F16, or information relating to employment or training, is supplied or by whom such information or evidence is obtained, including information obtained under regulation 8(2), may —

a

make a record of that information or evidence; and

b

hold the information or evidence, whether as supplied or as recorded.

Provision of information8

1

A relevant authority may give information or advice to any person, or to a person acting on his behalf, concerning —

a

a claim he made, or a decision given on a claim he made, for a social security benefit or a war pension;

b

an application he made, or a decision given on an application he made, under the Child Support Acts.

2

For the purpose of giving information or advice in accordance with paragraph (1), a relevant authority may obtain information held by any other relevant authority.

Claims for Housing BenefitF149

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential Amendments to the Housing Benefit RegulationsF1410

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Claims for Council Tax BenefitF1411

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential Amendments to the Council Tax Benefit RegulationsF1412

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information13

1

A relevant authority which holds social security information may —

a

use that information —

i

in connection with arrangements F17... made under section 2 of the Employment and Training Act 1973 M13;

ii

for any purpose to which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, apply; or

iii

for purposes connected with the employment or training of the persons to whom it relates;

b

supply the information —

i

to any other relevant authority to enable that authority to carry out a work-focused interview or any function conferred upon it by these Regulations or by regulations inserted by these Regulations;

ii

in so far as relevant for the purpose for which it is being provided, to any person in respect of whom the person undertaking the work-focused interview is notified has a vacancy or is about to have a vacancy in his employment or at his place of employment;

iii

to any person (an “employment zone provider") to whom payments are made by the Secretary of State in accordance with section 60(5)(c)(i) of the Act (special schemes for claimants for jobseeker’s allowance);

iv

to any other relevant authority in connection with any scheme operated by, or any arrangements made by, the authority for purposes connected with employment or training;

F18v

to any other relevant authority in connection with arrangements made under section 2 of the Employment and Training Act 1973, in particular for use by that authority in connection with the provision of advice, support and assistance which persons may need in order to acquire or enhance their skills and qualifications with a view to improving their prospects of finding and retaining employment.

F27vi

to the Scottish Ministers in connection with arrangements made under section 2 of the Employment and Training Act 1973 by virtue of article 2(1) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020.

F191A

A relevant authority which holds employment or training information about a person (“P”) may supply that information to another relevant authority for use by that second authority in connection with the provision to P (pursuant to arrangements made by the Secretary of State) of advice, support and assistance which P may need in order to acquire or enhance P’s skills and qualifications with a view to improving P’s prospects of finding and retaining employment.

2

An employment zone provider may supply to any other relevant authority information relating to any person participating in a scheme for which he receives a payment under section 60(5)(c)(i) of the Act where the information may be relevant to the person’s benefit entitlement.

3

Where the work-focused interview is undertaken by a relevant authority other than the authority which obtained the information, then the authority supplying the information shall, for the purposes of that interview, supply any other social security information held by them.

4

A relevant authority which holds social security information F20, or information relating to employment or training, may supply that information to any other relevant authority for the purposes of research, monitoring or evaluation in so far as it relates to F21any of the purposes specified in paragraph (5).

5

The purposes F22... are —

a

work-focused interviews;

b

any purpose for which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, applies;

c

any scheme or arrangements made by the Secretary of State connected with employment or training; F23...

d

section 60 of the Act.

F24e

any arrangements made by the Secretary of State of the nature referred to in paragraph (1)(b)(v) or (1A); and

f

monitoring the retention of employment.

Purposes for which information may be used14

1

The purposes for which information supplied in connection with matters referred to in paragraph (2) may be used are for —

a

the processing of any claim for a social security benefit or a war pension or for an application for a maintenance assessment under the Child Support Act 1991;

b

the consideration of any application for employment by a person to whom information is supplied in connection with any employment opportunity;

c

the consideration of the training needs of the person who supplied the information;

d

any purpose for which a work-focused interview may be conducted M14;

e

the prevention, detection, investigation or prosecution of offences relating to social security matters.

F25f

assessing the employment or training needs of the person to whom the information relates;

g

evaluating the effectiveness of training, advice, support and assistance provided;

h

monitoring the retention of employment.

2

The matters referred to in this paragraph are —

a

work-focused interviews; or

b

any other provision in or introduced by these Regulations.

Information supplied15

Information supplied to a person or authority under these Regulations —

a

may be used for the purposes of amending or supplementing information held by the person or authority to whom it is supplied; and

b

if it is so used, may be supplied to another person or authority, and used by him or it for any purpose, to whom or for which that other information could be supplied or used.

Partners of claimants on jobseeker’s allowance16

1

The social security information specified in paragraph (2) may be supplied by a relevant authority to the partner of a claimant for a jobseeker’s allowance where—

a

the allowance has been in payment to the claimant, or would have been in payment to him but for section 19 of the Jobseekers Act 1995 (circumstances in which jobseeker’s allowance is not payable) for a period of 6 months or more;

b

the allowance remains in payment or would be in payment but for that section; and

c

the partner is being invited to attend the office of the relevant authority for purposes connected with employment or training.

2

The information which may be supplied is —

a

that jobseeker’s allowance is in payment to the claimant or would be in payment to him but for section 19 of the Jobseekers Act; and

b

that payment has been made to the claimant or would have been so made but for section 19, for a period of at least 6 months.

3

In this regulation, “partner" has the same meaning as in the Jobseeker’s Allowance Regulations 1996 M15 by virtue of section 1(3) of those Regulations.

Partners of claimants17

1

The social security information specified in paragraph (4) may be supplied by a relevant authority to the partner of a claimant for a qualifying benefit where F4one or more of the qualifying benefits has been payable to the claimant for at least six months.

2

The qualifying benefits are—

a

a jobseeker’s allowance;

b

income support;

c

incapacity benefit;

d

severe disablement allowance F5;

e

F8carer’s allowance.

F63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

The information which may be supplied is—

a

that a qualifying benefit is or has been payable to the claimant;

b

the period for which the qualifying benefit has been payable.

5

In this regulation, F11“partner” means one member of F12a couple of which the claimant is also a member F13, and “couple” has the same meaning as in regulation 1(3) of the Jobseeker's Allowance Regulations 1996.

Consequentials18

Schedule 3 to these Regulations, which contains a number of consequential changes shall have effect.

Signed by authority of the Secretary of State for Social Security.

Angela EagleParliamentary Under-Secretary of State,Department of Social Security

SCHEDULE 1Local Authorities on which functions are conferred

Regulation 4(1)

PART I

Local Authority

ENGLAND:

Aylesbury Vale

Barking and Dagenham

Calderdale

Castle Point

Chelmsford

Chiltern

Epping Forest

Kirklees

Maldon

Mendip

Milton Keynes

North Warwickshire

Nuneaton and Bedworth

Redbridge

Rochford

Rugby

Sedgemoor

South Bucks

Southend-on-Sea

South Somerset

Stratford-on-Avon

Taunton Deane

Waltham Forest

Warwick

West Somerset

Wycombe

WALES:

Monmouthshire

Newport

Torfean

SCOTLAND:

Argyll and Bute

East Renfrewshire

Inverclyde

North Ayreshire

Renfrewshire

PART II

Amber Valley

Ashfield

Babergh

Bassetlaw

Bolsover

East Cambridgeshire

Forest Heath

Halton

Ipswich

Leeds

Mansfield

Mid-Suffolk

North East Derbyshire

Newark and Sherwood

St. Edmunsbury

St. Helens

South Cambridgeshire

Suffolk Coastal

Vale Royal

Warrington

Waveney

Wigan

SCHEDULE 2Postcode Areas

Regulation 4(2)

PART I

B37, B39, B46, B47, B49, B50, B76 to B79 and B93 to B95

BA3 to BA11, BA16, BA20 to BA22, BA24 and BA26 to BA28

CM0 to CM9

CV3, CV4, CV7 to CV12, CV21 to CV23, CV31 to CV35 and CV36 to CV39 DT9

E4, E10, E11, E17 and E18

EX15 and EX16

G78

GL50 and GL55

GL56

HD1 and HD5 to HD8

HP1, HP4 to HP23 and HP27

HX1 and HX7

IG1 to IG11

KA28 to KA30

LE10

LE17

LU6 and LU7

MK1 to MK19, MK43 and MK46

NN6, NN11 and NN13

NP1

NP4

NP5

NP6

NP7

NP9, NP16, NP20, NP25, NP26 and NP44

OL14

OX5 to OX7, OX9 and OX15

OX17

PA1 to PA17 and PA20 to PA27

RM6

RM8

RG9

SL0 to SL4 and SL6 to SL9

SS0 to SS7, SS9, SS11 and SS12

SS17

TA1 to TA24

UB9

WD3

WF12 to WF17

WO11

PART II

BD2 to BD4, BD10, BD11, BD16, BD17 and BD20

CB1 and CB5 to CB10

CM11

CO1, CO6 and CO8 to CO11

DE5, DE55 and DE56

DN22

HG3 and HG5

IP2 to IP20, IP22 to IP24 and IP27 to IP33

LS1 to LS15 (except Bramhope), LS16, LS17, LS19, LS21, LS22, LS27 and LS28

NG14 to NG23 and NG25

NR10, NR14, NR15 and NR31 to NR35

S44, S45 and S80

WA1 to WA8 and WA11 to WA13

WF3, WF6, WF10 and WF11

YO8, YO23 and YO26

SCHEDULE 3 Consequential Amendments

Regulation 18

1

1

The Jobseeker’s Allowance Regulations 1996 M16 shall be amended in accordance with the following provisions of this paragraph.

2

In regulation 23 (attendance) for the words “Secretary of State" there shall be substituted the words “ employment officer ”.

3

In regulation 24 (provision of information and evidence), at the end there shall be added the following paragraph —

11

In this regulation, references to the “Secretary of State" include a reference to persons designated as employment officers by an Order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995 M17.

2

F101

The Social Security (Claims and Payments) Regulations 1987 M18 shall be amended in accordance with the following provisions of this paragraph.

2

In regulation 2(1) (interpretation) after the entry relating to “refugee" there shall be inserted the following entry —

“relevant authority" means a person within section 72(2) of the Welfare Reform and Pensions Act 1999 M19;

3

In each of the provisions specified in sub-paragraph (4) below, for the words “Secretary of State" there shall be substituted the words “ employment officer ”.

4

Those provisions are —

a

regulation 4(6) M20 (making a claim for benefit); and

b

regulation 6(4A) M21 (date of claim).

5

In regulation 7(1), after the words “Secretary of State" in the first place where they occur, there shall be inserted the words “ or, in a case where regulation 4A applies, the relevant authority ”.

6

In regulation 19(5)(d) (time for claiming benefit) M22, after the word “Employment" there shall be inserted the words “ or in a case to which regulation 4A applies, a representative of a relevant authority ”.

7

In paragraph 2A(2)(b) of Schedule 7 M23 after the words “associated office" there shall be inserted the words “ or any office to which a claim may be made in accordance with regulation 4A(1) ”.

8

In regulation 32 (information to be given when obtaining benefit), after paragraph (1), there shall be inserted the following paragraph —

1A

In the case of a person who made a claim for benefit in accordance with regulation 4A(1), a change of circumstances may be notified to a relevant authority at any office to which the claim for benefit could be made in accordance with that provision.

(This note is not part of the Regulations)

The Regulations contained in this Instrument are made either by virtue of, or in consequence of, provisions in the Welfare Reform and Pensions Act 1999 (c.30) (“the 1999 Act"). This Instrument is made before the end of the period of 6 months beginning with the coming into force of those provisions; the regulations in it are therefore exempt from the requirement in section 172(1) of the Social Security Administration Act 1992 (c.5) to refer proposals to make these Regulations to the Social Security Advisory Committee and are made without reference to that Committee.

Regulations 1 and 2 refer to citation, commencement and interpretation.

Regulation 3 describes the purposes of a work-focused interview.

Regulation 4 confers upon local authorities functions relating to the conduct of work-focused interviews. Regulation 5 confers on local authorities the function of taking claims for a number of social security benefits identified in the Regulations. The claims are forwarded to the Secretary of State.

Regulation 6 confers similar powers on local authorities in relation to claims for war pensions and applications relating to child support.

Regulation 7 enables bodies to whom social security information is supplied to hold that information and regulation 8 provides for the provision of information to persons making claims for social security.

Regulations 9 to 12 enable claims for housing benefit and council tax benefit to be made to offices of the Department of Social Security are to be forwarded to the local authority’s offices.

Regulations 13 to 15 contain provisions relating to the use and supply of information.

Regulation 16 enables certain social security information to be supplied to the partners of person’s claiming a jobseeker’s allowance.

Regulation 17 enables social security information to be supplied to partners of claimants in receipt of any of four named benefits.

Regulation 18 and Schedule 3 contain consequential provisions.

These Regulations do not impose a charge on business.