The Social Security (Persons Required to Provide Information) Regulations 2013

Made: 20th June 2013

Laid before Parliament: 27th June 2013

Coming into force: 1st October 2013

This instrument has not been referred to the Social Security Advisory Committee because it contains only regulations made by virtue of section 110 of the Welfare Reform Act 2012[^f00002] and is made before the end of the period of 6 months beginning with the coming into force of that section [^f00003].

Citation and commencement

1

• (1) These Regulations may be cited as the Social Security (Persons Required to Provide Information) Regulations 2013.

• (2) They come into force on 1st October 2013.

Persons required to provide information

2

• (1) The following are prescribed as descriptions of persons for the purpose of section 109B(2)(ia) of the Social Security Administration Act 1992 (power of authorised officers to require information)—

• (a) a person who provides relevant childcare;

• (b) a person to whom a person in receipt of universal credit (“C”) is liable to make rent payments in respect of accommodation which C occupies, or purports to occupy, as their home where C’s award of universal credit includes an amount in respect of such payments;

• (c) a rent officer to the extent that the information required relates to the rent officer’s functions under section 122 of the Housing Act 1996[^f00004];

• (d) a local authority which administers a council tax reduction scheme to the extent that the information required relates to such a scheme.

• (2) In this regulation—

• (a) “UC Regulations” means the Universal Credit Regulations 2013[^f00005];

• (b) “council tax reduction scheme”—

• (i) in England and Wales, has the meaning given in section 13A(9) of the Local Government Finance Act 1992[^f00006] and includes a default scheme within the meaning of paragraph 4 of Schedule 1A (or in Wales paragraph 6(1)(e) of Schedule 1B) to that Act; and

• (ii) in Scotland, means a means-tested reduction to an individual’s council tax liability in accordance with the Council Tax Reduction (Scotland) Regulations 2021 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations 2012[^f00008];

• (c) “relevant childcare” has the meaning given in regulation 35 of the UC Regulations;

• (d) “rent payments” has the meaning given in paragraph 2 of Schedule 1 to the UC Regulations;

• (e) “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.

Signed

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

Freud — Parliamentary Under-Secretary of State — Department for Work and Pensions — 20th June 2013

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

Regulation 2(1) of these Regulations prescribes the following as descriptions of persons, in addition to those listed in section 109B(2) and (2A) of the Social Security Administration Act 1992 (c.5), from whom authorised officers (defined in section 121DA of that Act) may require certain information about the possible or actual commission of offences relating to social security benefits—

• those who provide relevant childcare;

• those to whom a person in receipt of universal credit is liable to make rent payments in respect of accommodation which they occupy, or purport to occupy, as their home where their award includes an amount in respect of such payments;

• rent officers to the extent that the information required relates to their functions under section 122 of the Housing Act 1996 (c.52); and

• local authorities which administer council tax reduction schemes to the extent that the information required relates to such a scheme.

Regulation 2(2) contains relevant definitions.

An impact assessment has been produced for this instrument and is available alongside the instrument on www.legislation.gov.uk.

Footnotes

[^f00001]: 1992 c.5. Section 109B is inserted by section 67 of, and paragraph 2 of Schedule 6 to, the Child Support, Pensions and Social Security Act 2000 (c.19) and amended by section 1(2) to (4) of the Social Security Fraud Act 2001 (c.11), S.I. 2002/817 and paragraph 64 of Schedule 24 to the Civil Partnership Act 2004 (c.33). Subsection (2)(ia) is inserted by section 110 of the Welfare Reform Act 2012 (c.5). Section 189(1) and (4) to (6) are amended by paragraph 109(a) and (c) to (e) of Schedule 7, and Schedule 8, to the Social Security Act 1998 (c.14), paragraph 57(1) and (2) of Schedule 3 to the Social Security Contributions (Transfer of Functions etc.) Act 1999 (c.2) and Schedule 6 to the Tax Credits Act 2002 (c.21). Section 191 is an interpretation provision and is cited for the meaning of the word “prescribe”. The definition of “prescribe” is amended by paragraphs 2 and 10 of Schedule 5 to the Welfare Reform Act 2007 (c.5).

[^f00002]: 2012 c.5.

[^f00003]: Seesection 173(5)(b) of the Social Security Administration Act 1992.

[^f00004]: 1996 c.52.

[^f00006]: 1992 c.14. Section 13A is substituted by section 10 of, and Schedules 1A and 1B are inserted by Schedule 4 to, the Local Government Finance Act 2012 (c.17).

Editorial notes

[^key-7770f617634ca5dbf0d4b3e35392b368]: Reg. 2 in force at 1.10.2013, see reg. 1(2)

[^key-b98494f93a731f73e315a1a5f4696366]: Reg. 1 in force at 1.10.2013, see reg. 1(2)

[^key-239995719a330b10cf77c18151e0d5b1]: Words in reg. 2(2)(b)(ii) substituted (1.4.2022) by The Council Tax Reduction (Scotland) Regulations 2021 (S.S.I. 2021/249), reg. 1, sch. 5 para. 7(2) (with regs. 2, 3, 97-101)