Made | 8th April 1997 | ||
Laid before Parliament | 14th May 1997 | ||
Coming into operation on days to be appointed under Article 1(2) |
1. | Title and commencement. |
2. | Interpretation. |
3. | The Housing Executive. |
4. | Unauthorised disclosure by officials. |
5. | Overseeing of administration by Department. |
6. | Role of local government auditors in relation to housing benefit. |
7. | References and reports to Department. |
8. | Directions by Department. |
9. | Enforcement of directions. |
10. | Information from landlords and agents. |
11. | Inspectors appointed by the Housing Executive. |
12. | Offence of dishonest representation for obtaining benefit. |
13. | Extension of offence of false representation for obtaining benefit. |
14. | Penalty as alternative to prosecution. |
15. | Recovery of overpaid housing benefit. |
16. | Reviews initiated by Department. |
17. | Medical examinations of persons awarded certain benefits. |
18. | Requirement to state national insurance number. |
19. | Amendments and repeals. |
Schedule 1 - | Amendments of the Administration Act. |
Schedule 2 - | Repeals. |
(2) Information to which this section applies may be supplied to -
for use in the administration of housing benefit.
(3) But where information to which this section applies has been supplied to the Department, the Secretary of State or the person providing services under section 116 or 116B above it may only be supplied under subsection (2) above -
(4) The Department or the Secretary of State -
(5) Where information is supplied to the Housing Executive or other person under subsection (2) above, the Executive or other person shall have regard to it in the exercise of any function relating to housing benefit.
(6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless -
(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them; or
(c) it is supplied under section 116D below.
(7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 116(4) or 116B(4) above).
Supply of information by the Housing Executive.
116D.
- (1) The Department or the Secretary of State may require -
to supply benefit administration information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State for use for any purpose relating to social security.
(2) The Department or the Secretary of State may require -
to supply benefit policy information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State.
(3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.
(4) In subsection (1) above "benefit administration information", in relation to the Housing Executive or other person, means any information which is relevant to the exercise of any function relating to housing benefit by the Executive or other person.
(5) In subsection (2) above "benefit policy information" means any information which may be relevant to the Department or the Secretary of State -
Unauthorised disclosure by officials
4.
- (1) In Schedule 4 to the Administration Act (persons who may commit an offence under section 117 of that Act), after the entry headed "Other public departments and offices" insert -
(2) In section 117 of that Act (offence of unauthorised disclosure by certain persons of information relating to particular persons), in subsection (8) (persons employed in audit of expenditure) -
(b) after paragraph (h) insert -
(c) in paragraph (i), for "referred to in paragraph (b), (c), (e) or (h) above" substitute "or Commissions referred to in paragraphs (b), (c), (e) and (gb) to (hc) above and any person assisting an auditor referred to in paragraph (ga), (gb) or (gc) above".
Overseeing of administration by Department
5.
After section 128 of the Administration Act insert -
(2) A person authorised under section 128A(1) above is entitled to require any officer or member of the Housing Executive or any person involved in the administration of housing benefit for the Executive -
(3) A person who without reasonable excuse fails to comply with a requirement under subsection (1) or (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) A person authorised under section 128A(1) above may -
(5) In this section "document" means anything in which information of any description is recorded.
Reports.
128C.
- (1) A report about the Housing Executive by a person authorised under section 128A(1) above may include recommendations about improvements which could be made by the Executive in its administration of housing benefit and, in particular, in the prevention and detection of fraud relating to that benefit.
(2) When the Department receives a report about the Housing Executive from a person authorised under section 128A(1) above, it shall send a copy to the Executive.".
Role of local government auditors in relation to housing benefit
6.
- (1) The Department may request a local government auditor to conduct or assist the Department in conducting studies designed to improve economy, efficiency, effectiveness and quality of performance in the discharge by the Housing Executive of functions relating to the administration of housing benefit.
(2) In the following provisions of this Article "study" means a study which a local government auditor is requested to conduct, or assist the Department in conducting, under paragraph (1).
(3) If a local government auditor requires the Housing Executive or any officer or member of the Executive to supply him or an authorised person with such information as is needed for the purposes of the study, the Executive or officer or member shall supply the information.
(4) If a local government auditor requires the Housing Executive to make available for inspection by him or by an authorised person documents which relate to the Executive and are needed for the purposes of the study, the Executive shall make the documents available.
(5) Any information obtained under a requirement under paragraph (3) or (4) may be disclosed by a local government auditor to the Department for the purposes of any of its functions which are connected with housing benefit.
(6) In paragraphs (3) and (4) "authorised person" means a person authorised by a local government auditor for the purposes of this Article.
(7) A local government auditor shall send to the Department a copy of any report of a study; and the Department or a local government auditor may send a copy of a report of a study to the Housing Executive.
(8) Any report of a study may be published by the Department.
(9) A local government auditor shall not conduct, or assist the Department in conducting, a study unless, before he does so, the Department has made arrangements for the payment of such reasonable amount as may be agreed between it and the auditor in respect of the study.
(10) The Department may supply to a local government auditor any information held by it which relates to housing benefit and which appears to it to be relevant to the exercise of any function of the auditor.
References and reports to Department
7.
- (1) A local government auditor may refer to the Department any matter arising from any audit or study if it appears that it may be relevant for the purposes of any of the functions of the Department relating to social security.
(2) A local government auditor may send to the Department a copy of any report of which a copy is sent to the Department of the Environment under Article 21 of the Housing (Northern Ireland) Order 1981 and which contains observations on the administration by the Housing Executive of housing benefit.
Directions by Department
8.
After section 128C of the Administration Act (inserted by Article 5) insert -
(2) The Department may invite the Housing Executive to consider the report and to submit proposals for -
(3) After considering the report and any proposals made by the Housing Executive in response to it, the Department may give directions to the Executive as to -
(4) When giving directions to the Housing Executive under subsection (3) above, the Department may make recommendations to the Executive setting out any course of action which the Department thinks the Executive might take to attain the standards which it is directed to attain.".
Enforcement of directions
9.
After section 128D of the Administration Act (inserted by Article 8) insert -
(2) Information shall be supplied under subsection (1) above in such manner and form as the Department may require.
Enforcement notices.
128F.
- (1) Where directions have been given to the Housing Executive under section 128D(3) above and the Department -
the Department may serve on the Executive a written notice under this section.
(2) The notice shall -
(3) If any person (other than the Housing Executive) carrying out work relating to the administration of housing benefit may be affected by any determination which may be made under section 128G below, the Executive shall -
(4) The Housing Executive's response shall either -
(5) The notice may relate to any one or more matters covered by the directions.
(6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.
Enforcement determinations.
128G.
- (1) Where, after the time specified in the notice under section 128F above has expired, the Department -
the Department may make a determination under this section.
(2) The determination may be made whether or not the Housing Executive has responded to the notice under section 128F above.
(3) The determination shall be designed to secure the attainment of the standards in question and -
(4) The provision referred to in paragraph (a) of subsection (3) above is provision that the Housing Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which -
(5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates -
Enforcement determinations: supplementary.
128H.
- (1) The provisions included in a determination under section 128G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.
(2) The making of a determination under section 128G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.
(3) The provision included in a determination by virtue of section 1286(3) above may include -
(4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.
(5) A determination under section 128G above shall have effect in spite of any statutory provision under or by virtue of which the Housing Executive is required or authorised to carry out any work to which the determination relates.".
may require any appropriate person to supply information of a prescribed description to the Executive or other person.
(2) Subject to subsection (4) below, for the purposes of subsection (1) above a person is an appropriate person in relation to a dwelling if he is -
(3) In subsection (2) above "relevant payments", in relation to a dwelling, means payments in respect of the dwelling which are of a description in relation to which housing benefit may be paid.
(4) Regulations may provide that any prescribed person, or any person of a prescribed description, is not an appropriate person for ,?the purposes of subsection (1) above.
(5) The descriptions of information which may be prescribed for the purposes of subsection (1) above include, in particular, any description of information relating to, or to any interest in or other connection with, dwellings and other property situated anywhere in the United Kingdom.
(6) Information shall be supplied under subsection (1) above in such manner and form, and at such time and in accordance with such other requirements, as may be prescribed.
(7) Information supplied to the Housing Executive or other person under subsection (1) above may be used by the Executive or other person only in the exercise of any function relating to housing benefit.
(8) The provisions of section 116D above apply in relation to any information supplied under subsection (1) above which is not benefit administration information (within the meaning of those provisions) as if it were.".
Inspectors appointed by the Housing Executive
11.
After section 104 of the Administration Act insert -
(3) The Housing Executive may only appoint as inspectors persons employed by -
(4) A person within subsection (3)(b) above may only be appointed as an inspector with the consent of the Department.
(5) Appointment as an inspector shall be for a period not exceeding one year; but such an appointment -
(6) Every person appointed as an inspector shall be given a certificate of his appointment.
Powers of inspectors appointed under section 104A.
104B.
- (1) An inspector may -
(2) Any person liable to supply information or produce documents under this section shall -
as he may reasonably require for the purpose of ascertaining whether housing benefit is or was payable to or in respect of any person.
(3) Information, documents and copies supplied or produced under subsection (2) above shall be in such form as the inspector may reasonably require.
(4) No one shall be required under subsection (2) above to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.
(5) Premises are liable to inspection under this section if an inspector has reasonable grounds for believing that -
but a private dwelling-house is not liable to inspection under this section unless an inspector has reasonable grounds for believing that a trade or business is being carried on from the dwelling-house and that the trade or business is not also being carried on from premises other than a dwelling-house.
(6) For the purposes of this section -
(7) Persons are liable to supply information or produce documents under this section if they -
(8) The Housing Executive may make arrangements for any power under this section which may be exercised in relation to any premises to be exercised -
(9) In this section -
with a view to obtaining any benefit or other payment or advantage under the social security legislation (whether for himself or for some other person), he shall be guilty of an offence.
(2) In this section "the social security legislation" means the legislation to which section 104 above applies and the Jobseekers (Northern Ireland) Order 1995.
(3) A person guilty of an offence under this section shall be liable -
Extension of offence of false representation for obtaining benefit
13.
In section 106 of the Administration Act (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation), after subsection (1) insert -
and he knows that he, or the other person, is required to notify the change of circumstances, he shall be guilty of an offence.".
Penalty as alternative to prosecution
14.
After section 109 of the Administration Act insert -
(2) The Department or the Housing Executive may give to the person a written notice -
(3) The amount of the penalty shall be 30 per cent. of the amount of the overpayment (rounded down to the nearest whole penny).
(4) If the person agrees in the specified manner to pay the penalty -
(5) The person may withdraw his agreement to pay the penalty by notifying the Department or the Housing Executive, in the manner specified by the Department or the Executive, at any time during the period of 28 days beginning with the day on which he agrees to pay it; and if he does so -
(6) Where, after the person has agreed to pay the penalty, it is decided on a review or appeal or in accordance with regulations that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid.
(7) Where, after the person has agreed to pay the penalty, the amount of the overpayment is revised on a review or appeal or in accordance with regulations -
but if a new agreement is made under this section in relation to the revised overpayment, the amount already recovered by way of penalty, to the extent that it does not exceed the amount of the new penalty, may be treated as recovered under the new agreement instead of being repaid.
(8) In this section "overpayment" means -
and the reference in subsection (1)(a) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit.".
Recovery of overpaid housing benefit
15.
In section 73 of the Administration Act (recovery of overpayments of housing benefit), after subsection (4) add -
(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.
(7) Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits it shall, if the county court so orders, be enforceable as if it were payable under an order of that court.".
(2) In section 30(4)(b) of that Act (consideration on review of questions about component for life where information is available to give grounds for believing it ought not to continue), for "information is available to the adjudication officer" substitute "there has been supplied to the adjudication officer by the Department, or is otherwise available to him, information".
Medical examinations of persons awarded certain benefits
17.
After section 55 of the Administration Act insert -
Requirement to state national insurance number
18.
In section 1 of the Administration Act (entitlement to benefit dependent on claim), after subsection (1) insert -
(b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.
(1C) Regulations may make provision disapplying subsection (1A) above in the case of -
or in other prescribed circumstances.".
4.
In section 110 (legal proceedings), after subsection (2) insert -
5.
In section 144 (destination of repayments etc.), after subsection (7) add -
6.
After section 158B insert -
7.
In section 167 (interpretation) for the definition of "the Department" substitute
also includes the Department of the Environment;".
Chapter or Number | Short title | Extent of repeal |
1992 c. 7. | The Social Security Contributions and Benefits (Northern Ireland) Act 1992. | In Schedule 1, paragraph 8(1)(p). |
1992 c. 8. | The Social Security Administration (Northern Ireland) Act 1992. | In section 73(1), the words "in such manner as may be prescribed". |
In section 117(8)(h), the word "and". | ||
Section 120. | ||
1995 NI 15. | The Jobseekers (Northern Ireland) Order 1995. | Article 35(1) and (4). |
In Schedule 2, paragraph 43. | ||
1996 NI 11. | The Deregulation and Contracting Out (Northern Ireland) Order 1996. | In Schedule 5, paragraph 5. |
1997 c. | The Social Security Administration (Fraud) Act 1997. | In Schedule 1, paragraph 14(3). |
© Crown copyright 1997 | Prepared
18 June 1997
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