2001 No. 3252

SOCIAL SECURITY

The Social Security (Notification of Change of Circumstances) Regulations 2001

Made26th September 2001

Laid before Parliament2nd October 2001

Coming into force18th October 2001

The Secretary of State for Work and Pensions, in exercise of the powers conferred on him by sections 111A(1A), (1B), (1D) and (1E), 112(1A) to (1D), 189(1), (3) and (4) and 191 of the Social Security Administration Act 1992M1 and of all other powers enabling him in that behalf, and after consultation in respect of provisions of these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concernedM2, by this Instrument, which is made before the end of the period of 6 months from the coming into force of section 16 of the Social Security Fraud Act 2001M3, hereby makes the following Regulations:

Annotations:

Marginal Citations

1992 c. 5 Subsections (1A) to (1G) of section 111A and subsections (1A) to (1F) of section 112 were substituted by section 16 of the Social Security Fraud Act 2001 (c. 11). Section 191 is cited for the meaning given to “prescribe”.

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

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

Citation and commencement1

These Regulations may be cited as the Social Security (Notification of Change of Circumstances) Regulations 2001 and shall come into force on 18th October 2001.

Notification for purposes of sections 111A and 112 of the Social Security Administration Act 19922

Regulations 3 to 5 below prescribe the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Social Security Administration Act 1992 (offences relating to failure to notify a change of circumstances).

Change affecting jobseeker’s allowance3

1

F9Subject to F21paragraphs (1ZA) and (1A), where the benefit affected by the change of circumstances is a jobseeker’s allowance, notice must be given F6...to the Secretary of State F7...at the office that the claimant is required to attend in accordance with a notification given to him under regulation 23 of the Jobseeker’s Allowance Regulations 1996 M4

F8a

in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or

b

in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing).

F221ZA

Where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

F101A

In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

a

where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification;

b

where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

2

In F11paragraph (1) “Secretary of State” includes a person designated as an employment officer by an order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995 M5.

F123

In paragraph (1A) “relevant authority” has the same meaning as in regulation 4(2).

Change affecting housing benefit or council tax benefit4

F181

Subject to paragraphs (1A) to F25(1D), where the benefit affected by the change of circumstances is housing benefit or council tax benefit, notice must be given to the relevant authority at the designated office—

a

in writing; or

b

by telephone—

i

where the relevant authority has published a telephone number for that purpose or for the purposes of making a claim unless the authority determines that in any particular case or class of case notification may not be given by telephone; or

ii

in any case or class of case where the relevant authority determines that notice may be given by telephone; or

c

by any other means which the relevant authority agrees to accept in any particular case.

F131A

In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

a

b

where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

1B

Paragraph (1A) only applies if the authority administering the claimant’s housing benefit or council tax benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph.

F191C

Notice may be given to the appropriate DWP office by telephone where all the following conditions are met—

a

the claimant or the claimant’s partner is in receipt of income support or a jobseeker’s allowance;

b

the change of circumstances is that the claimant or the claimant’s partner starts employment;

c

as a result of the change, either entitlement to housing benefit or council tax benefit will end, or the amount of benefit will be reduced; and

d

a telephone number has been provided for that purpose.

F261D

Where—

a

the change of circumstances required to be notified is a death; and

b

the authority administering the claimant’s housing benefit or council tax benefit agrees with the Secretary of State that notifications may be made in accordance with paragraph (1A),

notice in writing may be given or sent to the Secretary of State by an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

1E

The provisions set out in that Schedule shall apply to such a notice as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

2

In this regulation F20“appropriate DWP office”,F14“claimant”, “designated office” and “relevant authority” have the same meaning as in the F5Housing Benefit Regulations 2006, Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Council Tax Benefit Regulations 2006, and Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

Change affecting other benefit payment or advantageC15

1

F15Subject to F23paragraphs (1ZZA) and (1ZA), where the benefit or other payment or advantage affected by the change of circumstances is not a jobseeker’s allowance, housing benefit or council tax benefit, notice must be given F3...to the Secretary of State F4at the appropriate office—

a
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
b
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)

F161ZZA

In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

a

b

where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

F21ZA

Where this paragraph applies, where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

F241ZB

Paragraph (1ZA) applies in relation to—

a

attendance allowance;

b

carer’s allowance;

c

disability living allowance;

d

an employment and support allowance;

F27da

incapacity benefit;

e

income support.

F28f

retirement pension;

g

state pension credit.

F11A

The reference in paragraph (1) to notice “in writing” includes where that notice relates to child benefit, notice given or sent in accordance with Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

F172

In this regulation—

“the appropriate office” has the same meaning as in the Social Security (Claims and Payments) Regulations 1987;
“relevant authority” has the same meaning as in regulation 4(2).

Signed by authority of the Secretary of State for Work and Pensions.

Malcolm WicksParliamentary Under-Secretary of StateDepartment for Work and Pensions26th September 2001

(This note is not part of the Regulations)

Section 16 of the Social Security Fraud Act 2001 (c. 11) (“the Fraud Act”) amends sections 111A and 112 of the Social Security Administration Act 1992 (c. 5) (“the Administration Act”) by substituting new offences relating to failure to notify a change of circumstances affecting entitlement to any benefit, payment or other advantage. A new set of summary or indictable offences is set out in subsections (1A) to (1G) of section 111A and a new set of summary only offences is set out in subsections (1A) to (1F) of section 112.

For each offence there must be a failure to give prompt notification “in the prescribed manner to the prescribed person”. These matters are prescribed in relation to jobseeker’s allowance by regulation 3, in relation to housing benefit and council tax benefit by regulation 4, and in relation to any other benefit, payment or advantage by regulation 5.

The requirements are prescribed only for the purposes of the above-mentioned criminal offences. They mirror existing requirements prescribed for the purposes of claims and payment under sections 5 and 6 of the Administration Act.

As these Regulations are made within six months of the commencement of section 16 of the Fraud Act, they are exempt by virtue of section 173(5)(a) of the Administration Act from the requirement in section 172(1) of that Act to refer them to the Social Security Advisory Committee.

These Regulations do not impose any charge on business.