Section 122C Supply of information to authorities administering benefitF1C1C2
United Kingdom
This section applies to information relating to social securityF3, child support or war pensions, or employment or training, which is held—
by the Secretary of State or the Northern Ireland Department; or
by a person providing services to the Secretary of State or the Northern Ireland Department in connection with the provision of those services.
Information to which this section applies may be supplied to—
an authority administering housing benefit or council tax benefit; or
a person authorised to exercise any function of such an authority relating to such a benefit,
for use in the administration of such a benefit F4or for the purposes of anything the authority is permitted to do in relation to any other benefit by virtue of section 110A or 116A above.
But where information to which this section applies has been supplied to the Secretary of State, the Northern Ireland Department or the person providing services under section 122 or 122B above, it may only be supplied under subsection (2) above—
for use in the prevention, detection, investigation or prosecution of F5benefit offences (within the meaning of Part 6 above); or
for use in checking the accuracy of information relating to housing benefit or to council tax benefit and (where appropriate) amending or supplementing such information.
The Secretary of State or the Northern Ireland Department—
may impose conditions on the use of information supplied under subsection (2) above; and
may charge a reasonable fee in respect of the cost of supplying information under that subsection.
Where information is supplied to an authority or other person under subsection (2) above, the authority or other person shall have regard to it in the exercise of any function relating to housing benefit or council tax benefit.
Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless—
it is supplied—
by an authority to a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit; or
by a person authorised to exercise any function of an authority relating to such a benefit to the authority;
it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers Act 1995F6, Part 1 of the Welfare Reform Act 2007F7, Part 4 of the Welfare Reform Act 2012 or this Act or to any provision of Northern Ireland legislation corresponding to any of them; or
it is supplied under section 122D or 122E below.
This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 122(4) or 122B(4) above).
In this section and section 122D below “war pension” has the same meaning as in section 25 of the Social Security Act 1989.
Annotations
Textual amendments
- F1
Ss. 122C-122E and cross-heading inserted (1.7.1997 for specified purposes, 2.3.2004 in so far as not already in force) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 3, 25(1); S.I. 1997/1577, art. 2, Sch.; S.I. 2004/564, art. 2
- F2
Ss. 122C-122E repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
- F3
Words in s. 122C(1) inserted (9.9.2020) by Employment Act 2002 (c. 22), s. 55(2), Sch 6 para 2(a); S.I. 2002/2256, art. 2(a)
- F4
Words in s. 122C(2) inserted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(1)(a); S.I. 2009/1608, art. 2
- F5
Words in s. 122C(3)(a) substituted (2.7.2009) by Welfare Reform Act 2007 (c. 5), s. 48(1)(b); S.I. 2009/1608, art. 2
- F6
Words in s. 122C(6)(b) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(15); S.I. 2008/787, art. 2(4)(b)(f)
- F7
Words in s. 122C(6)(b) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 14; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2
- F8
S. 122C(8) inserted (9.9.2002) by Employment Act 2002 (c. 22), s. 55(2), Sch. 6 para. 2(b); S.I. 2002/2256, art. 2(a)
Modifications
- C1
S. 122C modified (6.4.2003) by Welfare Reform and Pensions Act 1999 (c. 30), s. 89(1), Sch. 8 para. 34; S.I. 2003/936, art. 2
- C2
Ss. 122B-122E modified (31.5.2001) by Departments (Transfer of Functions) Order (Northern Ireland) 2001 (S.R. 2001/229), arts. 1(2), 4(1)(b)