Commentary on Sections Sharing and use of social security information Section 41: Social Security Information
216.This section amends the Social Security Administration Act 1992 by (a) inserting a new section 7B to provide for the use by a “relevant authority” of social security information in connection with the administration and promotion of claims for benefit and (b) amending section 7A of that Act which deals with the receipt by relevant authorities of claims for benefit and the collection and verification of evidence relating to claims. Also, the definition of “relevant authority” is extended to include county councils in England. These measures support joint working arrangements and are intended to improve the take-up and delivery of benefits and other services administered by the Department for Work and Pensions, local authorities and English county councils (“relevant authorities”).
217.Currently section 7A of the Social Security Administration Act 1992 allows regulations to be made which enable the Department for Work and Pensions and local authorities administering housing benefit and council tax benefit to perform certain functions on behalf of one another. The section enables claims for prescribed benefits administered by the Department for Work and Pensions to be made to a local authority, and claims for housing benefit and council tax benefit to be made to the Department for Work and Pensions. It also allows the Department for Work and Pensions and local authorities to collect and forward information and evidence for each other's respective benefits as prescribed. However, the current provisions exclude English county councils because they only apply to local authorities who administer housing benefit and council tax benefit. They also make no specific provision for local authorities to use social security information they hold to promote the take up of benefits other than housing benefit and council tax benefit. And, current powers do not expressly permit relevant authorities to verify claims-related evidence and information on behalf of other relevant authorities.
218.Section 41 extends these provisions by:
	including the English County Councils as relevant authorities able to receive prescribed benefit claims and related information and evidence, including housing benefit and council tax benefit claims, on behalf of the Department for Work and Pensions and on behalf of housing benefit and council tax benefit administering authorities;
	enabling local authorities (and English county councils that do not administer housing benefit and council tax benefit) to use social security information that they hold to encourage people to claim benefits administered by the Department, as well as housing benefit and council tax benefit;
	ensuring that information and evidence provided by a customer to a relevant authority can be verified, forwarded to and used by the administering authority in connection with a claim for or an award of a benefit, without the need for further verification; and
	ensuring that information and evidence that has been used by one relevant authority in connection with a claim for or award of a benefit can be used by a different relevant authority in connection with a claim for or an award of a benefit that it administers, without the need for further verification.
219.There are specific provisions within the Social Security Contributions and Benefits Act 1992 which impose a duty on local authorities administering housing benefit and council tax benefit (local authorities) to promote the take up of benefits for which they are responsible. However, there is no specific provision enabling a local authority or, following the amendment to section 7A, an English county council to promote the take up of benefits administered by the Secretary of State. This section, through the inclusion of a new section 7B to the Social Security Administration Act, enables local authorities and English county councils to promote the take up of benefits administered by the Secretary of State. As an example, the section would enable a local authority to use information obtained on a claim for housing benefit or council tax benefit to pre-populate a claim form for pension credit (which is administered by the Secretary of State). This partly completed form could then be submitted to the claimant to encourage them to apply for pension credit.
220.Subsection (2)(a) and (c) of section 41 provides for English County Councils to perform, through regulations, benefit claims functions on behalf of other relevant authorities. Subsection (2)(b) of section 41 inserts a provision into section 7A of the Social Security Administration Act that enables, through the making of regulations, a relevant authority to verify information or evidence that it receives in connection with a claim or an award of a specified benefit, in cases where that benefit is administered by a different relevant authority. Subsection (3) ensures that, the provision making it a criminal offence to unlawfully disclose social security information acquired in the course of employment, that applies to public sector staff involved in social security administration, also applies to English county council staff.
221.Subsection (1) of section 41 provides for a new section 7B in the Social Security Administration Act. Subsection (1) of section 7B enables a relevant authority to use for a relevant purpose, any social security information which they hold. Subsection (3) clarifies that a relevant purpose is activity intended to encourage a claim which is made or could be made for a specified benefit. This power broadens the boundaries governing local authorities' use of the information that they hold. The Secretary of State has existing powers under section 3 of the Social Security Act 1998 to use information that he holds for one of his functions for another of his functions.
222.Subsection (2) of section 7B is a regulation-making power to specify the procedure to be followed by a relevant authority where it receives information and evidence that has already been used or verified and forwarded by another relevant authority. The purpose of this provision is to reduce claims processing times and the incidences of duplicate requests for information from customers. Regulations under section 7B would ensure that information and evidence that has already been used by the Department for Work and Pensions, for example, must, subject to certain safeguards, be accepted as correct by the receiving authority for purposes connected with another benefit claim. Without this provision, receiving authorities could opt to continue as before by requesting and verifying the evidence from scratch, thereby duplicating information requests to customers.
223.Section 7B defines the term "social security information" as covering information relating to social security (including child support and war pensions data), and also evidence obtained in connection with any claims or awards relating to these areas. To provide maximum flexibility in developing these provisions section 7B also clarifies that a "specified benefit" (in respect of which this section applies) is to be prescribed in regulations.