The Social Security (Claims and Payments) Regulations 1987

• (7) Where the beneficiary or his partner is in debt to two water undertakers—

• (a) only one weekly amount under sub-paragraph (3)(a) or (5)(a) shall be deducted; and

• (b) a deduction in respect of an original debt for sewerage shall only be made after the whole debt in respect of an original debt for water has been paid; and

• (c) deductions in respect of continuing charges for both water and for sewerage may be made at the same time.

• (8) Subject to paragraph 8 (maximum amount of payments to third parties), a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3), (4), (5) and (6) exceeds a sum calculated in accordance with sub-paragraph 8(4);

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Payments in place of payments of child support maintenance

7A

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

Arrears of child support maintenance

7B

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

Eligible loans

7C

• (1) In this paragraph—

• “borrower” means a person who has, either solely or jointly, entered into a loan agreement with an eligible lender in respect of an eligible loan and who is, for the time being, entitled to an eligible benefit;

• “eligible lender” means—a body registered under section 1 of the Industrial and Provident Societies Act 1965 (societies which may be registered);a credit union within the meaning of section 1 of the Credit Unions Act 1979 (registration under the Industrial and Provident Societies Act 1965);a charitable institution within the meaning of section 58(1) of the Charities Act 1992 (interpretation of Part II);a body entered on the Scottish Charity Register under section 3 of the Charities and Trustee Investment (Scotland) Act 2005 (Scottish Charities Register), a community interest company within the meaning of Part 2 of the Companies (Audit, Investigations and Community Enterprise) Act 2004,which, except for a credit union, is licensed under the Consumer Credit Act 1974 and which may be determined by the Secretary of State as an appropriate body to which payments on behalf of the borrower may be made in respect of loans made by that body;

• “eligible loan” means a loan made by a lender, who is at that time an eligible lender, to a borrower except a loan—which is secured by a charge or pledge;which is for the purpose of business or self-employment; orwhich was made by means of a credit card;

• “loan agreement” means an agreement between the eligible lender and the borrower in respect of an eligible loan.

• (2) In this paragraph “eligible benefit” means—

• (a) carer’s allowance;

• (b) the following contributory benefits—

• (i) incapacity benefit;

• (ii) retirement pension; ...

• (iii) state pension under Part 1 of the Pensions Act 2014; or

• (c) the following benefits—

• (i) income support;

• (ii) jobseeker’s allowance;

• (iii) state pension credit.

• (iv) employment and support allowance.

• (3) Where the conditions set out in sub-paragraph (4) are met the Secretary of State may deduct a sum from an eligible benefit to which the borrower is entitled equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 and pay that sum to the eligible lender towards discharge of the sum owing under the loan agreement at the date of the application.

• (4) The conditions referred to in sub-paragraph (3) are—

• (a) the borrower has failed to make payments as agreed with the eligible lender for a period of 13 weeks before the date of the application and has not resumed making payments;

• (b) the borrower has given his written permission to the eligible lender to provide to the Secretary of State personal data within the meaning of section 1 of the Data Protection Act 1998 (basic interpretive provisions);

• (c) the eligible lender has agreed that no interest or other charge will be added to the amount owed at the date of the application;

• (d) no sum is being deducted under this paragraph;

• (e) no sum is being deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act (overpayments-general) at the date of the application; and

• (f) no sum is being deducted from the borrower’s eligible benefit under section 78 of the 1992 Act (recovery of social fund awards) at the date of the application.

• (5) The Secretary of State shall notify the borrower and the eligible lender in writing of a decision to make a deduction under this paragraph.

• (6) The Secretary of State may make deductions under this paragraph only if the borrower is entitled to an eligible benefit throughout any benefit week.

• (6A) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2) where the borrower is in receipt of any benefit within the meaning of “eligible benefit” in paragraph 11(8) (eligible loans) of Schedule 6 (deductions from benefit and direct payment to third parties) to the 2013 Regulations unless the amount of benefit mentioned in that definition is insufficient to meet the deduction.

• (7) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(a) where the borrower is in receipt of another eligible benefit unless that benefit is one mentioned in sub-paragraph (2)(b) and is insufficient to enable the deduction to be made or is a benefit mentioned in sub-paragraph (2)(c) and the amount is insufficient to meet the deduction plus 10 pence.

• (8) The Secretary of State shall not make deductions from a benefit mentioned in sub-paragraph (2)(b) where the borrower is in receipt of a benefit mentioned in sub-paragraph (2)(c) unless the amount of that benefit is insufficient to meet the deduction plus 10 pence.

• (9) The Secretary of State shall cease making deductions from an eligible benefit under this paragraph if—

• (a) there is no longer sufficient entitlement to an eligible benefit to enable him to make the deduction;

• (b) entitlement to all eligible benefits has ceased;

• (c) a sum is deducted from the borrower’s eligible benefit under section 71(8) of the 1992 Act;

• (d) an eligible lender notifies the Secretary of State that he no longer wishes to accept payments by deductions;

• (e) the borrower’s liability to make payment in respect of the eligible loan has ceased;

• (f) the lender has ceased to be an eligible lender; or

• (g) the borrower no longer resides in Great Britain.

• (10) The sums deducted from an eligible benefit by the Secretary of State under this paragraph shall be paid to the eligible lender.

• (11) The Secretary of State shall notify the borrower in writing of the total of sums deducted by him under any application—

• (a) on receipt of a written request for such information from the borrower; or

• (b) on the termination of deductions.

• (12) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

• (a) in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7C”; and

• (b) in sub-paragraph (2) for “and 7” there were substituted “, 7 and 7C”.

Integration loans

7D

Subject to paragraphs 2(2), 8 and 9, where a person has an integration loan which is recoverable by deductions, any weekly amount payable shall be equal to 5 per cent. of the personal allowance of a single claimant aged not less than 25 years, including where the loan is a joint loan.

Tax credits overpayment debts and self-assessment debts

7E

• (1) In this paragraph—

• “self-assessment debt” means any debt which—has arisen from submission of a self-assessment to Her Majesty’s Revenue and Customs under section 9 of the Taxes Management Act 1970 (returns to include self-assessment); andis recoverable under Part 6 of that Act;

• “tax credits overpayment debt” means any debt which is recoverable under section 29 of the Tax Credits Act 2002 (recovery of overpayments).

• (2) Where the conditions set out in sub-paragraph (3) are met, the Secretary of State may deduct from a specified benefit to which the beneficiary is entitled a sum which is up to a maximum of 3 times 5 per cent of the personal allowance for a single claimant aged not less than 25 and pay that sum to Her Majesty’s Revenue and Customs towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs.

• (3) The conditions mentioned in sub-paragraph (2) are—

• (a) that the beneficiary has given written consent to Her Majesty’s Revenue and Customs for deductions to be made from a specified benefit towards discharge of any outstanding tax credits overpayment debt or self-assessment debt owed by the beneficiary to Her Majesty’s Revenue and Customs; and

• (b) no sum is being deducted under this paragraph.

• (4) The Secretary of State shall cease making deductions from a specified benefit under this paragraph if—

• (a) there is no longer sufficient entitlement to a specified benefit to enable deductions to be made;

• (b) entitlement to all specified benefits has ceased;

• (c) the beneficiary withdraws consent for the Secretary of State to make deductions from a specified benefit; or

• (d) the beneficiary is no longer liable to repay any tax credits overpayment debt or self-assessment debt.

• (5) The Secretary of State shall notify the beneficiary in writing of the total sums deducted under this paragraph—

• (a) on receipt of a written request for such information from the beneficiary; or

• (b) on the termination of deductions.

• (6) Where a deduction is made under this paragraph from a specified benefit, paragraph 8 (maximum amount of payment to third parties) is to have effect as if—

• (a) in sub-paragraph (1) for “and 7A” there were substituted “, 7A and 7E”; and

• (b) in sub-paragraph (2) for “and 7D” there were substituted “, 7D and 7E”.

Maximum amount of payments to third parties

8

• (1) The maximum aggregate amount payable under paragraphs 3(2)(a), 5(6), 6(2)(a) , 7(3)(a) , 7(5)(a) and 7A..., and regulation 5 of the Council Tax Regulations and regulation 4 of the Fines Regulations, and in respect of an integration loan which is recoverable by deductions shall not exceed an amount equal to 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25 years.

• (2) The maximum aggregate amount payable under paragraphs 3(2)(a), 5, 6,7 and 7D shall not without the consent of the beneficiary, exceed a sum calculated in accordance with sub-paragraph (4);

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The sum referred to in sub-paragraph (2) is—

• (a) where the claimant or partner does not receive child tax credit, 25 per cent of—

• (i) in the case of income support, the applicable amount for the family as is awarded under sub-paragraphs (a) to (d) of regulation 17(1) (applicable amounts) or sub-paragraphs (a) to (e) of regulation 18(1) (polygamous marriages) of the Income Support Regulations;

• (ii) in the case of jobseeker’s allowance, the applicable amount for the family as is awarded under paragraphs (a) to (e) of regulation 83 (applicable amounts) or sub-paragraphs (a) to (f) of regulation 84(1) (polygamous marriages) of the Jobseeker’s Allowance Regulations; ...

• (iii) in the case of state pension credit, the appropriate minimum guarantee less any housing costs under Schedule 2 to the State Pension Credit Regulations 2002 which may be applicable in the particular case; or

• (iv) in the case of an employment and support allowance, the applicable amount for the family as is awarded under paragraph (1)(a) and (b) of regulation 67 (prescribed amounts) or paragraph (1)(a) to (c) of regulation 68 (polygamous marriages) of the Employment and Support Allowance Regulations; or

• (b) where the claimant or his partner receives child tax credit, 25 per cent of the sum of—

• (i) the amount mentioned in sub-paragraphs (a)(i) to (iv), which applies to the claimant;

• (ii) the amount of child benefit awarded to him or his partner by the Board under Part 2 of the Tax Credits Act 2002; and

• (iii) the amount of child tax credit awarded to him or his partner by the Board under section 8 of that Act.

Priority as between certain debts

9

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (1A) Where in any one week—

• (a) more than one of paragraphs 3 to 7A, 7C or 7E are applicable to the beneficiary; or

• (b) one or more of those paragraphs are applicable to the beneficiary and one or more of the following provisions, namely, Schedule 9A, regulation 2 of the Community Charges Regulations, regulation 3 of the Community Charges Regulations, regulation 3 of the Community Charges (Scotland) Regulations, regulation 4 of the Fines Regulations, regulation 5 of the Council Tax Regulations and regulation 9 of the Integration Loans for Refugees and Others Regulations 2007 also applies; and

• (c) the amount of the specified benefit which may be made to third parties is insufficient to meet the whole of the liabilities for which provision is made;

the order of priorities specified in sub-paragraph (1)(B) shall apply.

• (1B) The order of priorities which shall apply in sub-paragraph (1)(A) is—

• (za) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (a) any liability mentioned in paragraph 3 (housing costs), paragraph 4 (miscellaneous accommodation costs) or paragraph 4A (hostel payments);

• (b) any liability mentioned in paragraph 5 (service charges for fuel and rent not falling within paragraph 2(1)(a));

• (c) any liability mentioned in paragraph 6 (fuel costs);

• (d) any liability mentioned in paragraph 7 (water charges);

• (e) any liability mentioned in regulation 3 of the Community Charges Regulations (deductions from income support etc.), regulation 3 of the Community Charges (Scotland) Regulations (deductions from income support etc.) or any liability mentioned in regulation 5 of the Council Tax Regulations (deductions from debtor’s income support etc.);

• (f) any liability mentioned in regulation 4 of the Fines Regulations (deductions from offender’s income support etc.);

• (g) any liability mentioned in paragraph 7A (payments in place of payments of child support maintenance).

• (ga) any liability to repay an integration loan which is recoverable by deductions.

• (h) any liability mentioned in paragraph 7C (liability in respect of loans).

• (i) any liability mentioned in paragraph 7E (tax credits overpayment debts and self-assessment debts).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) As between liabilities for items of gas or electricity the Secretary of State shall give priority to whichever liability it considers it would, having regard to the circumstances and to any requests of the beneficiary, be appropriate to discharge.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9A — DEDUCTIONS OF MORTGAGE INTEREST FROM BENEFIT AND PAYMENT TO QUALIFYING LENDERS

Interpretation

1

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

Specified circumstances for the purposes of regulation 34A

2

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

Specified circumstances for the purposes of regulation 34B

2A

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

Specified part of relevant benefit

3

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

Direct payment: more than one loan

4

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

Application of payment where it exceeds borrower’s actual mortgage interest

4A

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

Relevant benefits

5

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

Time and manner of payments

6

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

Fees payable by qualifying lenders

7

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

Qualifying lenders

8

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

Election not to be regarded as a qualifying lender

9

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

Provision of information

10

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

Recovery of sums wrongly paid

11

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

SCHEDULE 9B — DEDUCTIONS FROM BENEFIT IN RESPECT OF CHILD SUPPORT MAINTENANCE AND PAYMENT TO PERSONS WITH CARE

Interpretation

1

In this Schedule—

• “the Act” means the Child Support Act 1991,

• “beneficiary” means a person who has been awarded a specified benefit and includes each member of a joint-claim couple awarded joint-claim jobseeker’s allowance,

• “fee” means any collection fee under Part 3 of the Child Support Fees Regulations 2014 which is payable by the non-resident parent,

• “maintenance”, except in paragraph 3(1), means maintenance which a non-resident parent is liable to pay under the Act at a flat rate of child support maintenance (or would be so liable but for a variation having been agreed to), and that rate applies (or would have applied) because he falls within paragraph 4(1)(b) or (c) or 4(2) of Schedule 1 to the Act, and includes such maintenance payable at a transitional rate in accordance with Regulations made under section 29(3)(a) of the Child Support, Pensions and Social Security Act 2000,

• “specified benefit” means either a benefit, pension or allowance mentioned in section 5(2) of the Social Security Administration Act 1992 and which is prescribed for the purpose of paragraph 4(1)(b) or (c) of Schedule 1 to the Act or a war disablement pension or a war widow’s pension within the meaning of section 150(2) of the Social Security Contributions and Benefits Act 1992.

Deductions

2

• (1) Subject to paragraphs 5 and 6, the Secretary of State may deduct from a specified benefit awarded to a beneficiary, an amount equal to the amount of maintenance and any fee which is payable by the beneficiary (or in the case of income support, state pension credit, income-based jobseeker's allowance or income-related employment and support allowance, payable either by the beneficiary or his partner) and pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the liability to pay maintenance, and retain any amount deducted in discharge of any liability to pay a fee.

• (2) A deduction for maintenance and fees may only be made from one of the specified benefits in any one week.

• (2A) Where paragraph 5 (flat rate maintenance) of Schedule 7 (deductions from benefit in respect of child support maintenance and payment to persons with care) to the 2013 Regulations applies, the Secretary of State shall not make deductions under paragraphs 5 and 6 of this Schedule, unless the amount of “specified benefit” within the meaning of paragraph 1 of Schedule 7 to the 2013 Regulations is insufficient to meet the deduction under paragraph 5 of that Schedule.

• (3) No deduction may be made unless the amount of the relevant specified benefit is not less than the total of the amounts to be deducted under this Schedule plus 10 pence.

Arrears

3

• (1) ..., the Secretary of State may deduct the sum of £8.40 per week from a specified benefit which the beneficiary has been awarded and... pay the amount deducted to or among the person or persons with care in discharge (in whole or in part) of the beneficiary’s liability to pay arrears of maintenance, and retain any amount deducted in discharge of any liability to pay a fee.

• (1A) No deduction may be made under sub-paragraph (1) if the beneficiary is liable to pay maintenance.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In sub-paragraph (1) “maintenance” means child support maintenance as defined by section 3(6) of the Act—

• (a) before the amendment of the definition of such maintenance by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000;

• (b) after the amendment of the definition; or

• (c) both before and after the amendment of the definition,

and includes maintenance payable at a transitional rate in accordance with regulations made under section 29(3)(a) of that Act.

Apportionment

4

Where maintenance is payable to more than one person with care, the amount deducted in respect of maintenance shall be apportioned between the persons with care in accordance with paragraphs 6, 7 and 8 of Schedule 1 to the Act.

Flat rate maintenance

5

• (1) This sub-paragraph applies where the beneficiary and his partner are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Act and either of them has been awarded income support, state pension credit, income-based jobseeker's allowance or income-related employment and support allowance.

• (2) Where sub-paragraph (1) applies, an amount not exceeding the flat rate of maintenance and any fee may be deducted in respect of the sum of both partners' liability to pay maintenance and any fee, in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012 and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance or retained in discharge of any liability to pay a fee.

Flat rate maintenance (polygamous marriage)

6

• (1) This sub-paragraph applies where two or more members of a polygamous marriage are each liable to pay maintenance at a flat rate in accordance with paragraph 4(2) of Schedule 1 to the Act and any member of the polygamous marriage has been awarded income support, state pension credit, income-based jobseeker's allowance or income-related employment and support allowance.

• (2) Where sub-paragraph (1) applies, an amount not exceeding the flat rate of maintenance and any fee may be deducted in respect of the sum of all the members' liability to pay maintenance and any fee, in the proportions described in regulation 4(3) of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 or regulation 44(3) of the Child Support Maintenance Calculation Regulations 2012 and shall be paid in discharge (in whole or in part) of the respective liabilities to pay maintenance or retained in discharge of any liability to pay a fee.

• (3) In this paragraph “polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy.

Notice

7

When the Secretary of State commences making deductions, he shall notify the beneficiary in writing of the amount and frequency of the deduction and the benefit from which the deduction is made and shall give further such notice when there is a change to any of the particulars specified in the notice.

General

8

A deduction made in accordance with this Schedule is a deduction by way of recovery for the purposes of regulation 40(3) of the Income Support (General) Regulations 1987, regulation 104(3)of the Employment and Support Allowance Regulations and regulation 103(3) of the Jobseeker’s Allowance Regulations 1996.

SCHEDULE 9ZC — ELECTRONIC COMMUNICATION

PART 1 — INTRODUCTION

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2 — ELECTRONIC COMMUNICATION – GENERAL PROVISIONS

Conditions for the use of electronic communication

2

• (1) The Secretary of State may use an electronic communication in connection with claims for, and awards of—

• (a) carer’s allowance;

• (b) attendance allowance;

• (ba) bereavement support payment;

• (c) disability living allowance;

• (d) graduated retirement benefit;

• (e) a jobseeker’s allowance;

• (f) a retirement pension;

• (g) state pension under Part 1 of the Pensions Act 2014;

• (h) shared additional pension;

• (i) industrial injuries benefit;

• (j) an employment and support allowance;

• (k) a social fund funeral payment

• (l) state pension credit.

• (m) a social fund payment in respect of maternity expenses;

• (n) maternity allowance.

• (1A) The Secretary of State may use an electronic communication in connection with awards of—

• (a) incapacity benefit;

• (b) income support;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) A person other than the Secretary of State may use an electronic communication in connection with the matters referred to in sub-paragraphs (1) and (1A) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

• (3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Secretary of State.

• (4) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication;

• (b) electronic communication;

• (c) authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (7), submitting to the Secretary of State any claim, certificate, notice, information or evidence.

• (5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule.

• (6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Secretary of State.

• (7) Where the person uses any method other than the method approved by the Secretary of State, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

• (8) In this paragraph “approved” means approved by means of a direction given by the Secretary of State for the purposes of this Schedule.

Use of intermediaries

3

The Secretary of State may use intermediaries in connection with—

• (a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3 — ELECTRONIC COMMUNICATION – EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communication

4

• (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

• (a) by this Schedule; and

• (b) by or under an applicable enactment,

are satisfied.

• (2) The Secretary of State may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

• (3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

• (a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

6

• (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

• (a) any such claim, certificate, notice, information or evidence has been delivered to the Secretary of State, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

• (b) any such certificate, notice, information or evidence has been delivered by the Secretary of State, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

• (2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Secretary of State has not been recorded on an official computer system.

• (3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.

SCHEDULE 9C — ELECTRONIC COMMUNICATION

PART 1 — INTRODUCTION

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the—

• (a) sending or receiving of any claim, certificate, notice, information or evidence; or

• (b) processing or storing of any claim, certificate, notice, information or evidence.

PART 2 — ELECTRONIC COMMUNICATION—GENERAL PROVISIONS

Conditions for the use of electronic communication

2

• (1) The Secretary of State may use an electronic communication in connection with claims for, and awards of, child benefit and elections under regulation 6A of the Social Security (Guardian’s Allowances) Regulations 1975 (prescribed manner of making an election).

• (2) A person other than the Secretary of State may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

• (3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Secretary of State.

• (4) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication;

• (b) electronic communication;

• (c) authenticating any claim, certificate, notice, information or evidence delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (7), submitting to the Secretary of State any claim, certificate, notice, information or evidence.

• (5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purpose of this Schedule.

• (6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Secretary of State.

• (7) Where the person uses any method other than the method approved by the Secretary of State, of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

• (8) In this paragraph “approved” means approved by means of a direction given by the Secretary of State for the purposes of this Schedule.

Use of intermediaries

3

The Secretary of State may use intermediaries in connection with—

• (a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3 — ELECTRONIC COMMUNICATION—EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communication

4

• (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered, in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

• (a) by this Schedule; and

• (b) by or under an applicable enactment,

are satisfied.

• (2) The Secretary of State may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

Proof of identity of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

• (a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person recorded as such on that official computer system.

Proof of delivery of information

6

• (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

• (a) any such claim, certificate, notice, information or evidence has been delivered to the Secretary of State, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

• (b) any such certificate, notice, information or evidence has been delivered by the Secretary of State, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

• (2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the Secretary of State has not been recorded on an official computer system.

• (3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.

SCHEDULE 10 — REVOCATIONS

Column (1)	Column (2)	Column (3)
The Mobility Allowance Regulations 1975 (S.I. 1975/1573).	Regulations 5 to 9, 21 and 22.	Social Security Act 1975, sections 37A , 81, 114, 119(3) and (4) and 165A .
The Mobility Allowance (Motability Payment Arrangements) Regulations 1978 (S.I. 1978/1131).	The whole of the Regulations.	Social Security Act 1975, section 81.
The Social Security (Claims and Payments) Regulations 1979 (S.I. 1979/628).	The whole of the Regulations except Parts I (General), IV (including Schedule 4) (Special Provisions Relating to Industrial Injuries Benefit only) and regulation 31 (breach of regulations).	Social Security Act 1975, sections 79 to 81 , and 165A.
The Family Income Supplements (Claims and Payments) Regulations 1980 (S.I. 1980/1438).	The whole of the Regulations.	Family Income Supplements Act 1970, sections 5(2) and 10(2).
The Supplementary Benefit (Claims and Payments) Regulations 1981 (S.I. 1981/1525).	The whole of the Regulations.	Supplementary Benefits Act 1976, sections 11 and 14(1)(a), (b), (c), (e), (g), (h), (i) and (k) and (2) and Schedule 1, paragraph 4.
The Social Security (General Benefit) Regulations 1982 (S.I. 1982/1408).	Regulations 8, 9(1) to (4) and (7) to (9) and 41.	Social Security Act 1975 section 81(6) and section 119(3) and (4).
The Social Security (Adjudication) Regulations 1984 (S.I. 1984/451).	Regulation 76.	Social Security Act 1975 section 119(3) and (4); Child Benefit Act 1975 sections 7 and 22.
The Child Benefit (Claims and Payments) Regulations 1984 (S.I. 1984/1960).	The whole of the Regulations, except regulations 1(1), (2) and (4) and 12.	Child Benefit Act 1975, sections 6(1) and (3) to (5), 11(2) and 22(1)(b).
The Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986 (S.I. 1986/2172).	The whole of the Regulations.	Social Security Act 1975, section 114 and Social Security Act 1986, sections 51(1)(a) to (s), 54 and 84(1).

Signed

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

Nicholas Scott — Minister of State, — 1987-11-20

Editorial notes