The Social Security (Electronic Communications) (No. 2) Order 2011

Made: 6th December 2011

Laid before Parliament: 12th December 2011

Coming into force: 23rd January 2012

The Secretary of State for Work and Pensions, considering that the authorisation of the use of electronic communications by this Order for any purpose is such that the extent (if any) to which records of things done for that purpose will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases, makes the following Order in exercise of the powers conferred by sections 8 and 9 of the Electronic Communications Act 2000 .

Citation and commencement

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This Order may be cited as the Social Security (Electronic Communications) (No.2) Order 2011 and comes into force on 23rd January 2012.

Amendment of the Social Security (Claims and Payments) Regulations 1987

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• (1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

• (2) In regulation 32ZA(2) (information given electronically) —

• (a) after sub-paragraph (d), insert—

(da) incapacity benefit;

• (b) at the end, insert—

(g) retirement pension; (h) state pension credit.

• (3) In paragraph 2(1) (conditions for the use of electronic communication) of Schedule 9ZC (electronic communication) , for “an employment and support allowance and income support” substitute “ an employment and support allowance, incapacity benefit, income support and state pension credit ”.

Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001

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• (1) The Social Security (Notification of Change of Circumstances) Regulations 2001 are amended as follows.

• (2) In regulation 4 (change affecting housing benefit or council tax benefit) —

• (a) in paragraph (1), for “(1C)” substitute, “ (1D) ”;

• (b) after paragraph (1C) , insert—

(1D) Where— (a) the change of circumstances required to be notified is a death; and (b) the authority administering the claimant's housing benefit or council tax benefit agrees with the Secretary of State that notifications may be made in accordance with paragraph (1A), notice in writing may be given or sent to the Secretary of State by an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication). (1E) The provisions set out in that Schedule shall apply to such a notice as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

• (3) In regulation 5(1ZB) (change affecting other benefit payment or advantage) —

• (a) after sub-paragraph (d), insert—

(da) incapacity benefit;

• (b) at the end, insert—

(f) retirement pension; (g) state pension credit.

Amendment of the Council Tax Benefit Regulations 2006

4....

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Amendment of the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

5....

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Amendment of the Housing Benefit Regulations 2006

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• (1) The Housing Benefit Regulations 2006 are amended as follows.

• (2) The existing regulation 88A (notice of changes of circumstances given electronically) is re-numbered regulation 88A(1).

• (3) After that provision (as re-numbered), insert—

(2) Where— (a) the change of circumstances required to be notified is a death; and (b) the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 88ZA(1) (alternative means of notifying changes of circumstances), a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication). (3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically). (4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

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• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

• (2) The existing regulation 69A (notice of changes of circumstances given electronically) is re-numbered regulation 69A(1).

• (3) After that provision (as re-numbered), insert—

(2) Where— (a) the change of circumstances required to be notified is a death; and (b) the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 69ZA(1) (alternative means of notifying changes of circumstances), a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication). (3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically). (4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit.

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Chris Grayling — Minister of State — 6th December 2011

Explanatory note

(This note is not part of the Order)

Footnotes

[^f00001]: 2000 c.7. The power in section 8 is vested in “the appropriate Minister”. By virtue of section 9(1)(a), the Secretary of State is “the appropriate Minister” in relation to any matter with which a department of the Secretary of State is concerned.

[^f00002]: S.I. 1987/1968.

[^f00003]: Regulation 32ZA was inserted by S.I. 2003/2800. Paragraph (2) was inserted by S.I. 2011/1498.

[^f00004]: Schedule 9ZC was inserted by S.I. 2003/2800. Paragraph 2 was substituted by S.I. 2011/1498.

[^f00005]: S.I. 2001/3252.

[^f00006]: Regulation 4 was amended by S.I. 2010/444 and S.I. 2010/2449.

[^f00007]: Paragraph (1C) was inserted by S.I. 2010/2449.

[^f00008]: Regulation 5 was amended by S.I. 2002/1789, 2003/492, 2003/2800, 2003/3209, 2010/444 and S.I. 2011/1498.

[^f00009]: S.I. 2006/215.

[^f00010]: Regulation 74A was inserted by S.I. 2006/2968.

[^f00011]: S.I. 2006/216.

[^f00012]: Regulation 59A was inserted by S.I. 2006/2968.

[^f00013]: S.I. 2006/213.

[^f00014]: Regulation 88A was inserted by S.I. 2006/2968.

[^f00015]: S.I. 2006/214.

[^f00016]: Regulation 69A was inserted by S.I. 2006/2968.

Editorial notes

[^c2112247]: 2000 c.7. The power in section 8 is vested in “the appropriate Minister”. By virtue of section 9(1)(a), the Secretary of State is “the appropriate Minister” in relation to any matter with which a department of the Secretary of State is concerned.

[^c2112248]: S.I. 1987/1968.

[^c2112249]: Regulation 32ZA was inserted by S.I. 2003/2800. Paragraph (2) was inserted by S.I. 2011/1498.

[^c2112250]: Schedule 9ZC was inserted by S.I. 2003/2800. Paragraph 2 was substituted by S.I. 2011/1498.

[^c2112251]: S.I. 2001/3252.

[^c2112252]: Regulation 4 was amended by S.I. 2010/444 and S.I. 2010/2449.

[^c2112253]: Paragraph (1C) was inserted by S.I. 2010/2449.

[^c2112254]: Regulation 5 was amended by S.I. 2002/1789, 2003/492, 2003/2800, 2003/3209, 2010/444 and S.I. 2011/1498.

[^c2112259]: S.I. 2006/213.

[^c2112260]: Regulation 88A was inserted by S.I. 2006/2968.

[^c2112261]: S.I. 2006/214.

[^c2112262]: Regulation 69A was inserted by S.I. 2006/2968.

[^M_F_64a8da5c-8513-4c76-ea67-2cc10146396a]: Regulation 4 revoked by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 S.I. 2013/458, reg. 1, sch. 1

[^M_F_cfae753c-befb-45f0-9708-5f260040ed7b]: Regulation 5 revoked by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 S.I. 2013/458, reg. 1, sch. 1

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