Legalize / United Kingdom / Statutory-Instrument

The Social Security (Claims and Information) Regulations 1999

Type Statutory-Instrument

Publication 1999-11-18

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

Reform history JSON API PDF

Made: 18th November 1999

Laid before Parliament: 22nd November 1999

Coming into force: 29th November 1999

The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 2C, 7A, 189(1), (4) and (5) and 191 of the Social Security Administration Act 1992 and sections 72 and 83(1) and (4) to (8) of the Welfare Reform and Pensions Act 1999 and of all other powers enabling him in that behalf, after consultation in respect of provisions in these Regulations relating to housing benefit and council tax benefit with organisations appearing to him to be representative of the authorities concerned, by this instrument, which contains only regulations made by virtue of or consequential upon sections 58, 71 and 72 of the Welfare Reform and Pensions Act 1999 and which is made before the end of a period of 6 months beginning with the coming into force of those provisions, hereby makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Social Security (Claims and Information) Regulations 1999 and shall come into force on 29th November 1999.

Interpretation

2

In these Regulations,—

“the Act" means the Welfare Reform and Pensions Act 1999;

“the Child Support Acts" means the Child Support Act 1991 and the Child Support Act 1995 ;

“relevant authority" means a person within section 72(2) of the Act.

Work-focused interview

3

A work-focused interview is an interview conducted for any or all of the following purposes—

(a) assessing a person’s prospects for existing or future employment (whether paid or voluntary);

(b) assisting or encouraging a person to enhance his prospects of such employment;

(c) identifying activities which the person may undertake to strengthen his existing or future prospects of such employment;

(d) identifying current or future employment or training opportunities suitable to the person’s needs; and

(e) identifying educational opportunities connected with the existing or future employment prospects or needs of the person.

Additional functions of local authorities

4

(1) A local authority to whom Part I of Schedule I to these Regulations applies may conduct a work-focused interview with, or provide assistance to, a person to whom paragraphs (2) and (3) apply, where the interview or assistance is requested or consented to by that person.

(2) This paragraph applies to a person who resides in a postcode district identified in Part I of Schedule 2 to these Regulations.

(3) This paragraph applies to any person making a claim for, or entitled to, any benefit specified in paragraph (4) and applies whether or not a person has had an interview in accordance with regulations made under section 2A of the Administration Act .

(4) The benefits specified in this paragraph are—

(a) income support;

(b) housing benefit;

(d) widow’s benefit;

(e) bereavement benefits;

(ea) bereavement support payment under section 30 of the Pensions Act 2014;

(f) incapacity benefit;

(g) severe disablement allowance;

(h) carer’s allowance;

(i) a jobseeker’s allowance;

(j) disability living allowance.

(5) For the purposes of paragraph (1), the request or consent may be made or given to —

(a) the local authority conducting the interview or giving the assistance;

(b) any person who, or authority which, may be specified as a designated authority for the purposes of section 2A(8) of the Administration Act; or

(6) For the purposes of carrying out functions under paragraph (1), a local authority may in particular—

(a) obtain and receive information or evidence for the purpose of any work-focused interview to be conducted with that person;

(b) arrange for the work-focused interview to be conducted by one of the following —

(i) the Secretary of State;

(ii) a person providing services to the Secretary of State; or

(iii) a person providing services to, or authorised to exercise any function of, the local authority;

(c) forward information supplied for the purpose of a work-focused interview to any person or authority conducting that interview;

(d) take steps to identify potential employment or training opportunities for persons taking part in work-focused interviews;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) take steps to identify—

(i) obstacles which may hinder a person in taking up employment or training opportunities;

(ii) educational opportunities which may assist in reducing or removing such obstacles; and

(g) record information supplied at a work-focused interview.

Further provisions as to claims

5

The following regulations shall be inserted after regulation 4 of the Social Security (Claims and Payments) Regulations 1987 —

(4A) (1) Where a claimant resides in both— (a) the area of a local authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999 ; and (b) a postcode district identified in Part I or II of Schedule 2 to the Social Security (Claims and Information) Regulations 1999, any claim for a benefit to which paragraph (2) applies may be made to any office displaying the One logo (whether or not that office is situated within the area of the local authority in which the claimant resides). (2) The benefits to which this paragraph applies are — (a) a jobseeker’s allowance; (b) income support; (c) incapacity benefit; (d) invalid care allowance; (e) severe disablement allowance; (f) widow’s benefit; (g) bereavement benefits; (h) disability living allowance. (3) A claim made in accordance with paragraph (1), other than a claim for income support or a jobseeker’s allowance, shall be made in writing on a form approved by the Secretary of State for the purpose of the benefit to which the claim is made, or in such other manner, being in writing, as the person to whom the claim is made may accept as sufficient in the circumstances of the particular case. (4) In the case of a claim for income support or a jobseeker’s allowance, the provisions of regulation 4(1A) to (1C) shall apply. (5) In its application to the area of any authority specified in Part I or II of Schedule 1 to the Social Security (Claims and Information) Regulations 1999, the “appropriate office" in these Regulations includes also an office of an authority or person to whom claims may be made in accordance with paragraph (1). (6) In these Regulations, a “participating authority" means any local authority or person to whom claims may be made in accordance with paragraph (1). (4B) (1) A participating authority may — (a) record information or evidence relating to any social security matter supplied by or obtained from a person at an office displaying the One logo, whether or not the information or evidence is supplied or obtained in connection with the making of a claim for benefit; (b) give information or advice with respect to any social security matter to persons who are making, or have made, claims for any benefit to which regulation 4A(2) applies. (2) A participating authority shall forward to the Secretary of State — (a) any claim for benefit, other than a claim for housing benefit or council tax benefit, together with any information or evidence supplied to the authority in connection with that claim; and (b) any information or evidence relating to any other social security matter, except where the information or evidence relates solely to housing benefit or council tax benefit given to the authority by a person making a claim for, or who has claimed, a benefit to which regulation 4A(2) applies.

War Pensions and Child Support

6

(1) Where a person resides in the area of an authority to which paragraph (3) refers, he may make a claim for a war pension, or submit an application under the Child Support Acts to any office of a relevant authority displaying the One logo (whether or not that office is situated within the area of the local authority in which the person resides).

(2) Any change of circumstances arising since a claim or application was made in accordance with paragraph (1) may be reported to the office to which that claim or application was made.

(3) The areas to which this paragraph refers are those areas which are within both —

(a) the area of a local authority identified in Part I or II of Schedule 1 to these Regulations, and

(b) a postcode area identified in Part I or II of Schedule 2 to these Regulations.

(4) A person making a claim or application to a participating authority in accordance with paragraph (1) shall comply with any requirements for the time being in force in relation to —

(a) claims for war pensions or applications under the Child Support Acts;

(b) the provision of information and evidence in support of such claims or applications,

as if those requirements also applied to the participating authority.

(5) A participating authority shall forward to the Secretary of State —

(a) any claim for a war pension or application under the Child Support Acts made in accordance with this regulation;

(b) details of changes of circumstances reported to the authority in accordance with this regulation; and

(i) given to the authority by the person making a claim or application or reporting the change of circumstances; or

(ii) which is relevant to the claim or application or the change reported and which is held by the authority.

(6) For the purpose of this regulation, a “participating authority" means any authority or person to whom a claim or application may be made or change of circumstances reported in accordance with paragraphs (1) and (2).

Holding information

7

A relevant authority to whom information or evidence relating to social security matters , or information relating to employment or training, is supplied or by whom such information or evidence is obtained, including information obtained under regulation 8(2), may —

(a) make a record of that information or evidence; and

(b) hold the information or evidence, whether as supplied or as recorded.

Provision of information

8

(1) A relevant authority may give information or advice to any person, or to a person acting on his behalf, concerning —

(a) a claim he made, or a decision given on a claim he made, for a social security benefit or a war pension;

(b) an application he made, or a decision given on an application he made, under the Child Support Acts.

(2) For the purpose of giving information or advice in accordance with paragraph (1), a relevant authority may obtain information held by any other relevant authority.

Claims for Housing Benefit

9

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

Consequential Amendments to the Housing Benefit Regulations

10

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

Claims for Council Tax Benefit

11

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

Consequential Amendments to the Council Tax Benefit Regulations

12

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

Information

13

(1) A relevant authority which holds social security information may —

(a) use that information —

(i) in connection with arrangements ... made under section 2 of the Employment and Training Act 1973 ;

(ii) for any purpose to which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, apply; or

(iii) for purposes connected with the employment or training of the persons to whom it relates;

(b) supply the information —

(i) to any other relevant authority to enable that authority to carry out a work-focused interview or any function conferred upon it by these Regulations or by regulations inserted by these Regulations;

(ii) in so far as relevant for the purpose for which it is being provided, to any person in respect of whom the person undertaking the work-focused interview is notified has a vacancy or is about to have a vacancy in his employment or at his place of employment;

(iii) to any person (an “employment zone provider") to whom payments are made by the Secretary of State in accordance with section 60(5)(c)(i) of the Act (special schemes for claimants for jobseeker’s allowance);

(iv) to any other relevant authority in connection with any scheme operated by, or any arrangements made by, the authority for purposes connected with employment or training;

(v) to any other relevant authority in connection with arrangements made under section 2 of the Employment and Training Act 1973, in particular for use by that authority in connection with the provision of advice, support and assistance which persons may need in order to acquire or enhance their skills and qualifications with a view to improving their prospects of finding and retaining employment.

(vi) to the Scottish Ministers in connection with arrangements made under section 2 of the Employment and Training Act 1973 by virtue of article 2(1) of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2020.

(1A) A relevant authority which holds employment or training information about a person (“P”) may supply that information to another relevant authority for use by that second authority in connection with the provision to P (pursuant to arrangements made by the Secretary of State) of advice, support and assistance which P may need in order to acquire or enhance P’s skills and qualifications with a view to improving P’s prospects of finding and retaining employment.

(2) An employment zone provider may supply to any other relevant authority information relating to any person participating in a scheme for which he receives a payment under section 60(5)(c)(i) of the Act where the information may be relevant to the person’s benefit entitlement.

(3) Where the work-focused interview is undertaken by a relevant authority other than the authority which obtained the information, then the authority supplying the information shall, for the purposes of that interview, supply any other social security information held by them.

(4) A relevant authority which holds social security information , or information relating to employment or training, may supply that information to any other relevant authority for the purposes of research, monitoring or evaluation in so far as it relates to any of the purposes specified in paragraph (5).

(5) The purposes ... are —

(a) work-focused interviews;

(b) any purpose for which regulations 3, 4 and 6 of these Regulations, or any regulations inserted by these Regulations, applies;

(d) section 60 of the Act.

(e) any arrangements made by the Secretary of State of the nature referred to in paragraph (1)(b)(v) or (1A); and

(f) monitoring the retention of employment.

Purposes for which information may be used

14

(1) The purposes for which information supplied in connection with matters referred to in paragraph (2) may be used are for —

(a) the processing of any claim for a social security benefit or a war pension or for an application for a maintenance assessment under the Child Support Act 1991;

(b) the consideration of any application for employment by a person to whom information is supplied in connection with any employment opportunity;

(d) any purpose for which a work-focused interview may be conducted ;

(e) the prevention, detection, investigation or prosecution of offences relating to social security matters.

(f) assessing the employment or training needs of the person to whom the information relates;

(g) evaluating the effectiveness of training, advice, support and assistance provided;

(h) monitoring the retention of employment.

(2) The matters referred to in this paragraph are —

(a) work-focused interviews; or

(b) any other provision in or introduced by these Regulations.

Information supplied

15

Information supplied to a person or authority under these Regulations —

(a) may be used for the purposes of amending or supplementing information held by the person or authority to whom it is supplied; and

(b) if it is so used, may be supplied to another person or authority, and used by him or it for any purpose, to whom or for which that other information could be supplied or used.

Partners of claimants on jobseeker’s allowance

16

(1) The social security information specified in paragraph (2) may be supplied by a relevant authority to the partner of a claimant for a jobseeker’s allowance where—

(a) the allowance has been in payment to the claimant, or would have been in payment to him but for section 19 of the Jobseekers Act 1995 (circumstances in which jobseeker’s allowance is not payable) for a period of 6 months or more;

(b) the allowance remains in payment or would be in payment but for that section; and

(c) the partner is being invited to attend the office of the relevant authority for purposes connected with employment or training.

(2) The information which may be supplied is —

(a) that jobseeker’s allowance is in payment to the claimant or would be in payment to him but for section 19 of the Jobseekers Act; and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.