Regulation 32 Information to be given and changes to be notifiedF1
England, Wales and Scotland
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner F2... as the Secretary of State may determine F3and within the period applicable under regulation 17(4) of the Decisions and Appeals Regulations such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act.
Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect—
the continuance of entitlement to benefit; or
the payment of the benefit,
as soon as reasonably practicable after the change occurs by giving notice F4of the change to the appropriate office—
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)
In the case of a person who made a claim for benefit in accordance with regulation 4A(1), a change of circumstances may be notified to a relevant authority at any office to which the claim for benefit could be made in accordance with that provision.
Where any sum is receivable on account of an increase of benefit in respect of an adult dependant, the Secretary of State may require the beneficiary to furnish a declaration signed by such dependant confirming the particulars respecting him, which have been given by the claimant.
In the case of a person who is claiming income supportF8, state pension creditF9, a jobseeker's allowance or an employment and support allowance where that person or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, or is a party to, or a person deriving entitlement to a pension under, a retirement annuity contract, he shall where the Secretary of State so requires furnish the following information—
the name and address of the pension fund holder;
such other information including any reference or policy number as is needed to enable the personal pension scheme or retirement annuity contract to be identified.
Where the pension fund holder receives from the Secretary of State a request for details concerning a personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (3) refers, the pension fund holder shall provide the Secretary of State with any information to which paragraph (5) refers.
The information to which this paragraph refers is—
where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;
in the case of—
a personal pension scheme where income withdrawal is available, the F10rate of the annuity which may have been purchased with the funds held under the scheme; or
a personal pension scheme where income withdrawal is not available, or a retirement annuity contract, the F11rate of the annuity which might have been purchased with the fund if the fund were held under a personal pension scheme where income withdrawal was available,
calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.
This regulation shall apply in the case of state pension credit subject to the following modifications—
F13in connection with the setting of a new assessed income period, the information and evidence which the Secretary of State may require to be notified in accordance with this regulation includes information and evidence as to the likelihood of future changes in the claimant’s circumstances needed to determine—
whether a period should be specified as an assessed income period under section 6 of the 2002 Act in relation to any decision; and
if so, the length of the period to be so specified; F14...
except to the extent that sub-paragraph (a) applies, changes to an element of the claimant’s retirement provision need not be notified if—
an assessed income period is current in his case; F16or
F17the period applicable under regulation 17(4) of the Decisions and Appeals Regulations has not expired;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In this regulation, “the Decisions and Appeals Regulations” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999.
Annotations
Textual amendments
- F1
Reg. 32(1)(1A)(1B) and heading substituted for reg. 32(1) (5.5.2003) by The Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1050), regs. 1(1)(a), 2 (with reg. 6)
- F2
Words in reg. 32(1) omitted (17.4.2012) by virtue of The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(2)(a)
- F3
Words in reg. 32(1) inserted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(2)(b)
- F4
Words in reg. 32(1B) substituted (6.1.2004) by The Social Security (Notification of Change of Circumstances) Regulations 2003 (S.I. 2003/3209), regs. 1, 2
- F5
Reg. 32(1C) inserted (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), reg. 1, Sch. 3 para. 2(8)
- F6
Reg. 32(1C): reg. 32(1A) renumbered as reg. 32(1C) (21.7.2003) by The Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2003 (S.I. 2003/1632), regs. 1(1), 2(6)
- F7
Reg. 32(3)-(5) added (2.10.1995) by The Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (S.I. 1995/2303), regs. 1(1)(a), 10(4)
- F8
Words in reg. 32(3) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 11(a)
- F9
Words in reg. 32(3) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 22
- F10
Words in reg. 32(5)(b)(i) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(4)(a)
- F11
Words in reg. 32(5)(b)(ii) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(4)(b)
- F12
Reg. 32(6) added (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 11(b)
- F13
Words in reg. 32(6)(a) substituted (25.8.2008) by The Social Security (Students and Miscellaneous Amendments) Regulations 2008 (S.I. 2008/1599), regs. 1(4), 3(2)(a)
- F14
Word in reg. 32(6)(a) deleted (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 4(a)
- F15
Reg. 32(6)(b)(c) substituted for reg. 32(6)(b) (6.10.2003) by The State Pension Credit (Transitional and Miscellaneous Provisions) Amendment Regulations 2003 (S.I. 2003/2274), regs. 1, 4(b)
- F16
Word in reg. 32(6) inserted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(3)(a)
- F17
Reg. 32(6)(b)(ii) substituted (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(3)(b)
- F18
Reg. 32(6)(b)(iii) omitted (17.4.2012) by virtue of The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(3)(c)
- F19
Reg. 32(6)(c) omitted (17.4.2012) by virtue of The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(3)(c)
- F20
Reg. 32(7) added (17.4.2012) by The Social Security (Suspension of Payment of Benefits and Miscellaneous Amendments) Regulations 2012 (S.I. 2012/824), regs. 1, 2(4)
Modifications
- C1
Reg. 32(1) applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(1)(2)(c), Sch. 1 para. 13(a) (with reg. 3)
- C2
Reg. 32(1A) applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), regs. 1(2), 6(1)(2)(c), Sch. 1 para. 13(b) (with reg. 3)
Notes on the whole SI
Textual amendments
- F1
Words in Instrument substituted (29.11.1999) by The Social Security Act 1998 (Commencement No. 12 and Consequential and Transitional Provisions) Order 1999 (S.I. 1999/3178), Sch. 6 para. 1 (with reg. 3(1)(b), Schs. 21-23)