Explanatory Note
(This note is not part of the Regulations)
These Regulations make provision about the persons or bodies to whom claims for benefit may be made and as to the use and verification of social security information by those persons or bodies.
Regulation 2 provides that where a local authority that administers council tax benefit and housing benefit (“local authority”) receives social security information from the Secretary of State that has been used by the Secretary of State in connection with a person's claim for, or award of, certain benefits, then the local authority must accept this information as correct and use it in connection with that person's claim for, or award of, council tax benefit or housing benefit without carrying out further checks as to its accuracy. This obligation will not arise where certain exceptions apply.
Regulation 3 makes similar provision in respect of information received by the Secretary of State from a local authority which was used by the local authority in connection with a person's claim for, or award of, council tax benefit or housing benefit.
Regulation 4 provides that, where a local authority verifies social security information and forwards this to the Secretary of State, then the Secretary of State must, subject to certain exceptions, without further checking this information, use it in connection with a person's claim for or award of a specified benefit.
Regulation 5 specifies benefits for the purpose of section 7B(3) of the Social Security Administration Act 1992.
Regulation 6 amends the Social Security (Claims and Payments) Regulations 1987 to enable county councils in England to arrange to receive claims and connected information for specified benefits administered by the Secretary of State. It enables county councils and other local authorities who receive or obtain information connected with such claims to verify the information before forwarding it to the Secretary of State. It also enables them to receive and verify information relating to awards of specified benefits.
Regulation 7 amends the Housing Benefit Regulations 2006 to enable county councils in England to arrange to receive housing benefit claims and connected information. It enables the Secretary of State and county councils in England, who receive or obtain information connected with housing benefit claims, to verify the information before forwarding it to the relevant local authority. It also allows county councils to receive and verify information relating to housing benefit awards.
Regulations 8 to 10 amend the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, the Council Tax Benefit Regulations 2006 and the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 to make equivalent provision to that made by regulation 7.
A full regulatory impact assessment has not been produced for this Instrument as it has no effect on the costs of business, charities or the voluntary sector.