Community Charges (Information Concerning Social Security) Regulations 1989

Made: 14th March 1989

Laid before Parliament: 17th March 1989

Coming into force: 22nd May 1989

The Secretary of State for Social Security, in exercise of the powers conferred by sections 143(1) and (2) and 146(6) of, and paragraph 14(1) and (2)(c) of Schedule 2 to, the Local Govenment Finance Act 1988[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Community Charges (Information Concerning Social Security) Regulations 1989 and shall come into force on 22nd May 1989.

Interpretation

2

In these Regulations –

• “the Act” means the Local Government Finance Act 1988;

• “the 1986 Act” means the Social Security Act 1986[^f00002];

• “appropriate social security office” means an office of the Department of Social Security which is normally open to the public for the receipt of claims for income support and includes an office of the Department of Employment which is normally open to the public for the receipt of claims for unemployment benefit;

• “community charge benefits” means benefits to which section 20(1)(d) of the 1986 Act[^f00003] refers;

• “income support” shall be construed in accordance with Part II of the 1986 Act;

• “partner” means – where a person is a member of a married or unmarried couple[^f00004], the other member of that couple; or where a person is polygamously married to two or more members of his household, any such member to whom he is so married;

• “registration officer” means a community charges registration officer within the meaning of section 26 of the Act.

Supply of relevant information to registration officers

3

• (1) For the purposes of paragraph 14 of Schedule 2 to the Act (information concerning social security) no duty of confidentiality shall prevent the Secretary of State from disclosing relevant information (within the meaning of that paragraph) to a registration officer for a charging authority.

• (2) For the purposes of Sub-paragraph (c) of paragraph 14(2) of Schedule 2 to the Act (meaning of relevant information) there is prescribed information of the description set out in paragraphs (3) and (4).

• (3) For the period from the coming into force of these Regulations until 31st March 1990 (both dates inclusive), the information is information as to the name and address of any person, aged 18 or over and any partner aged 18 or over of that person, where that person is in receipt of income support at any time within that period but is not receiving housing benefit under Part II of the 1986 Act.

• (4) For the period from 1st April 1990 the information is information as to the name and address of any person, aged 18 or over, and any partner aged 18 or over of that person, where that person is awarded income support but has not at the time of the award, made a claim for community charge benefits at the appropriate Social Security office.

Signed

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

Nicholas Scott — Minister of State,Department of Social Security — 14th March 1989

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe that,

• (a) the Secretary of State may, notwithstanding any duty of confidentiality, supply information concerning persons who have been awarded income support to a community charge registration officer for a charging authority; and

• (b) the description of the information which may be supplied where obtained by him under his functions under the Social Security Act 1986.

Footnotes

[^f00001]: 1988 c. 41; section 146(6) is cited because of the meaning assigned to the word “prescribed”.

[^f00002]: 1986 c. 50.

[^f00003]: Section 20(1)(d) of the 1986 Act was inserted by the 1988 Act, Schedule 10, paragraph 2(2).

[^f00004]: See the definitions of married and unmarried couple in section 20(11) of the 1986 Act.