Regulation 7 Evidence and information
England, Wales and Scotland
F1Subject to paragraph (7), every person who makes a claim for benefit shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be required by the F2Board F3or, in a case where regulation 4A applies, the relevant authority and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
A claimant shall furnish such information and evidence as the Secretary of State may require as to the likelihood of future changes in his circumstances which is 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.
The information and evidence required under paragraph (1A) shall be furnished within 1 month of the Secretary of State notifying the claimant of the requirement, or within such longer period as the Secretary of State considers reasonable in the claimant’s case.
In the case of a claimant making a claim for state pension credit in the advance period, time begins to run for the purposes of paragraphs (1) and (1B) on the day following the end of that period.
F5Subject to paragraph (7), where a benefit may be claimed by either of two partners or where entitlement to or the amount of any benefit is or may be affected by the circumstances of a partner, the Board may require the partner other than the F6claimant to do either or both of the following, within one month of being required to do so or such longer period as the Board may consider reasonable—
to certify in writing whether he agrees to the claimant making the claim or, as the case may be, that he confirms the information given about his circumstances;
to furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as the Board may require.
In the case of a claim for F7working families' tax credit F8or F9disabled persons' tax credit, the employer of the claimant or, as the case may be, of the partner shallF10, within one month of being required to do so or such longer period as the Board may consider reasonable, furnish such certificates, documents, information and evidence in connection with the claim or any question arising out of it as may be required by the Board.
In the case of a person who is claiming disabled persons' tax credit, working families' tax creditF12, income support F13jobseeker’s allowanceF14, state pension credit or employment and support allowance, where that person or any partner F15has attained the qualifying age 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 F16Board so require, within one month of being required to do so or such longer period as the Board may consider reasonable, furnish the following information—
the name and address of 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 F17Board a request for details concerning the personal pension scheme or retirement annuity contract relating to a person or any partner to whom paragraph (4) refers, the pension fund holder shallF18, within one month of the request or such longer period as the Board may consider reasonable, provide the Board with any information to which paragraph (6) 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 F19rate 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 F20rate 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.
Paragraphs (1) and (2) do not apply in the case of jobseeker’s allowance.
Every person providing childcare in respect of which a claimant to whom regulation 46A of the Family Credit (General) Regulations 1987 applies is incurring relevant childcare charges, including a person providing childcare on behalf of a school, local authority, childcare scheme or establishment within paragraph (2)(b), (c) or (d) of that regulation, shall furnish such certificates, documents, information and evidence in connection with the claim made by the claimant, or any question arising out of it, as may be required by the Board, and shall do so within one month of being required to do so or such longer period as the Board may consider reasonable.
In paragraph (8) “relevant childcare charges” has the meaning given by regulation 46A(2) of the Family Credit (General) Regulations 1987.
Annotations
Textual amendments
- F1
Words in reg. 7(1) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(6)(a)
- F2
Word in reg. 7(1)(2)(3) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 21, Sch. Pt. II
- F3
Words in reg. 7(1) inserted (29.11.1999) by The Social Security (Claims and Information) Regulations 1999 (S.I. 1999/3108), reg. 1, Sch. 3 para. 2(5)
- F4
Reg. 7(1A)-(1C) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 5(a)
- F5
Words in reg. 7(2) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(6)(a)
- F6
Words in reg. 7(2) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(2)
- F7
Words in reg. 7(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 24, Sch. Pt. V
- F8
Words in reg. 7(3) substituted (3.2.1992) by The Social Security (Claims and Payments) Amendment Regulations 1991 (S.I. 1991/2741), regs. 1(1)(a), 5
- F9
Words in reg. 7(3)(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 25, Sch. Pt. VI
- F10
Words in reg. 7(3) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(3)
- F11
Reg. 7(4)-(6) 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(3)
- F12
Words in reg. 7(4) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(6)(b)
- F13
Words in reg. 7(4) substituted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(a), 5(b)
- F14
Words in reg. 7(4) substituted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 15
- F15
Words in reg. 7(4) substituted (6.4.2010) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(1), 3
- F16
Words in reg. 7(4) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(4)
- F17
Word in reg. 7(5) substituted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 21, Sch. Pt. II
- F18
Words in reg. 7(5) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(5)
- F19
Words in reg. 7(6)(b)(i) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(3)(a)
- F20
Words in reg. 7(6)(b)(ii) substituted (16.11.2017) by The Social Security (Miscellaneous Amendments No. 4) Regulations 2017 (S.I. 2017/1015), regs. 1(2), 5(3)(b)
- F21
Reg. 7(7) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(6)(c)
- F22
Reg. 7(8)(9) added (with effect in accordance with reg. 1(2) of the amending S.I.) by The Tax Credits (Claims and Payments) (Amendment) Regulations 1999 (S.I. 1999/2572), regs. 1(1), 6(6)
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)