PART 11 Information

SECTION 1 Claims and information

Interpretation

76.  In this Section—

[F1 “county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 53(4)(g) or 77(3);]

“local authority” means an authority administering council tax benefit;

“relevant authority” means—

(a)

the Secretary of State;

(b)

a person providing services to the Secretary of State; [F2 or

(c)

a county council;]

“relevant information” means information or evidence relating to the administration of claims to or awards of council tax benefit.

Textual Amendments

F1 Words in reg. 76 inserted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(3)(a)

F2 Words in reg. 76 inserted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(3)(b)

Collection of information

[F3 77.— (1) The Secretary of State, or a person providing services to him, may receive or obtain relevant information from—

(a) persons making, or who have made, claims for council tax benefit; or

(b) other persons in connection with such claims.

(2) In paragraph (1) references to persons who have made claims for council tax benefit include persons to whom awards of benefit have been made on those claims.

(3) Where a county council has made an arrangement with a local authority, or a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit, to receive and obtain information and evidence relating to a claim for council tax benefit, the council may receive or obtain the information or evidence from—

(a) persons making claims for council tax benefit; or

(b) other persons in connection with such claims.

(4) A county council may receive information relating to an award of council tax benefit which is supplied by—

(a) the person to whom the award has been made; or

(b) other persons in connection with the award.]

Textual Amendments

F3 Reg. 77 substituted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(4)

[F4 Verifying information

77A.   A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 77.]

Textual Amendments

F4 Reg. 77A inserted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(5)

Recording and holding information

[F5 78.   A relevant authority which obtains relevant information or to whom such information is supplied—

(a) shall make a record of such information; and

(b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering council tax benefit.]

Textual Amendments

F5 Reg. 78 substituted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(6)

Forwarding of information

79.  A relevant authority which holds relevant information—

(a) shall forward it to the person or authority for the time being administering claims to or awards of council tax benefit to which the relevant information relates, being—

(i) a local authority;

(ii) a person providing services to a local authority; or

(iii) a person authorised to exercise any function of a local authority relating to council tax benefit; and

[F6 (b) may, if the relevant authority is the Secretary of State or a person providing services to the Secretary of State, continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as he considers appropriate.]

Textual Amendments

F6 Reg. 79(b) substituted (31.10.2007) by Social Security (Claims and Information) Regulations 2007 (S.I. 2007/2911), regs. 1(1), 10(7)

Request for information

80.  A relevant authority which holds information or evidence relating to social security matters shall forward such information or evidence as may be requested to the person or authority making that request, provided that—

(a) the request is made by—

(i) a local authority;

(ii) a person providing services to a local authority; or

(iii) a person authorised to exercise any function of a local authority relating to council tax benefit; and

(b) the information or evidence requested includes relevant information;

(c) the relevant authority is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

(d) provision of the information or evidence requested is considered necessary by the relevant authority to the proper performance by a local authority of its functions relating to council tax benefit.