Explanatory note

The Social Security Fraud Act (Northern Ireland) 2001 (“the Fraud Act”) provides for officers authorised under sections 103A and 104A of the Social Security Administration (Northern Ireland) Act 1992 (“the Administration Act”) to require information about individuals from specified private and public sector organisations listed under section 103B(2A) of the Administration Act. Information may be obtained where it is reasonable for the purposes of fraud investigation as mentioned in sections 103A(2) and 104A(2) of the Administration Act.

This Order amends the list under section 103B(2A) of the Administration Act by–

• inserting a new paragraph (aa) to include a reference to “the Director of National Savings” (Article 2(2)(a));

• substituting paragraph (c) to refer to “insurer” instead of “insurance company” (Article 2(2)(b));

• substituting paragraph (g) to include reference to gas distributors as well as gas suppliers (Article 2(2)(c)); and

• substituting paragraph (h) to include reference to electricity distributors as well as electricity suppliers (Article 2(2)(d)).

The Order also amends section 103B(7) of the Administration Act by substituting the definition of “bank” and inserting a definition of “insurer” and adds a new subsection (7A) which expands upon those definitions (Article 2(3) and (4)).

Section 103B(6) of the Administration Act, one of the enabling provisions under which this Order is made, is inserted by section 1(4) of the Fraud Act. Section 1(4) of the Fraud Act is brought into operation, for the purpose only of authorising the making of an order on 23rd December 2002 and for all other purposes on 24th February 2003 by virtue of the Social Security Fraud (2001 Act) (Commencement No. 5) Order (Northern Ireland) 2002 (S.R. 2002 No. 406 (C. 34)).

Copies of the Regulatory Impact Assessment in relation to the Fraud Act may be obtained, free of charge, from Social Security Policy and Legislation Division, Block 5, Stormont Estate, Belfast BT4 3SJ.