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The Social Security (National Insurance Number Information: Exemption) Regulations 1997

S.I. 1997/2676 · Made 7 November 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

SOCIAL SECURITY

Made 7th November 1997

Laid before Parliament 10th November 1997

Coming into force 1st December 1997

The Secretary of State for Social Security, in exercise of the powers conferred by sections 1(1C), 189(1), (3) and (4) and 191 of the Social Security Administration Act 1992f1, and of all other powers enabling her in that behalf, by this instrument which contains only regulations made by virtue of section 19 of the Social Security Administration (Fraud) Act 1997 and is made before the end of the period of six months beginning with the coming into force of that enactmentf2, and in so far as the regulations relate to housing benefit and council tax benefit after consulation with organisations appearing to her to be representative of the authorities concernedf3, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1992 c. 5; subsections (1A) to (1C) of section 1 were inserted by section 19 of the Social Security Administration (Fraud) Act 1997 (1997 c. 47); section 191 is an interpretation provision and is cited for the definition of “prescribe”.

f2

See section 173(5)(b) of the Social Security Administration Act 1992.

f3

See section 176(1) of the Social Security Administration Act 1992.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Social Security (Attendance Allowance) Regulations 1991
  3. 3Amendment of the Council Tax Benefit Regulations 1992
  4. 4Amendment of the Social Security (Disability Living Allowance) Regulations 1991
  5. 5Amendment of the Disability Working Allowance (General) Regulations 1991
  6. 6Amendment of the Family Credit (General) Regulations 1987
  7. 7Amendment of the Social Security (Guardian’s Allowances) Regulations 1975
  8. 8Amendment of the Housing Benefit (General) Regulations 1987
  9. 9Amendment of the Social Security (Incapacity Benefit) Regulations 1994
  10. 10Amendment of the Income Support (General) Regulations 1987
  11. 11Amendment of the Social Security (Invalid Care Allowance) Regulations 1976
  12. 12Amendment of the Jobseeker’s Allowance Regulations 1996
  13. 13Amendment of the Social Security (Maternity Allowance) Regulations 1987
  14. 14Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984
  15. 15Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979
  16. Signature
  17. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (National Insurance Number Information: Exemption) Regulations 1997 and shall come into force on 1st December 1997.

(2)

For the purposes of any regulation introduced by these Regulations, “the Administration Act” means the Social Security Administration Act 1992f1.

2Amendment of the Social Security (Attendance Allowance) Regulations 1991

In the Social Security (Attendance Allowance) Regulations 1991f1 after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to any claim for attendance allowance made or treated as made before 9th February 1998.”.

3Amendment of the Council Tax Benefit Regulations 1992

In the Council Tax Benefit (General) Regulations 1992f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to council tax benefit.”.

4Amendment of the Social Security (Disability Living Allowance) Regulations 1991

In the Social Security (Disability Living Allowance) Regulations 1991f1 after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a person under the age of 16;

(b)

to any claim for disability living allowance made or treated as made before 9th February 1998.”.

5Amendment of the Disability Working Allowance (General) Regulations 1991

In the Disability Working Allowance (General) Regulations 1991f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child or young person in respect of whom disability working allowance is claimed;

(b)

to any claim for disability working allowance made or treated as made before 9th February 1998;

(c)

to a partner in respect of whom a claim for disability working allowance is made or treated as made before 5th October 1998.”.

6Amendment of the Family Credit (General) Regulations 1987

In the Family Credit (General) Regulations 1987f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child or young person in respect of whom family credit is claimed;

(b)

to any claim for family credit made or treated as made before 9th February 1998;

(c)

to a partner in respect of whom a claim for family credit is made or treated as made before 5th October 1998.”.

7Amendment of the Social Security (Guardian’s Allowances) Regulations 1975

In the Social Security (Guardian’s Allowances) Regulations 1975f1 after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to guardian’s allowance.”.

8Amendment of the Housing Benefit (General) Regulations 1987

In the Housing Benefit (General) Regulations 1987f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to housing benefit.”.

9Amendment of the Social Security (Incapacity Benefit) Regulations 1994

In the Social Security (Incapacity Benefit) Regulations 1994f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child in respect of whom an increase of incapacity benefit is claimed;

(b)

to an adult dependant in respect of whom a claim for an increase of incapacity benefit is made or treated as made before 5th October 1998.”.

10Amendment of the Income Support (General) Regulations 1987

In the Income Support (General) Regulations 1987f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child or young person in respect of whom income support is claimed;

(b)

to a partner in respect of whom a claim for income support is made or treated as made before 5th October 1988.”.

11Amendment of the Social Security (Invalid Care Allowance) Regulations 1976

In the Social Security (Invalid Care Allowance) Regulations 1976f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child in respect of whom an increase of invalid care allowance is claimed;

(b)

to any claim for invalid care allowance made or treated as made before 9th February 1998;

(c)

to an adult dependant in respect of whom a claim for an increase of invalid care allowance is made or treated as made before 5th October 1998.”.

12Amendment of the Jobseeker’s Allowance Regulations 1996

In the Jobseeker’s Allowance Regulations 1996f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child or young person in respect of whom jobseeker’s allowance is claimed;

(b)

to any claim for jobseeker’s allowance made or treated as made before 5th October 1998.”.

13Amendment of the Social Security (Maternity Allowance) Regulations 1987

In the Social Security (Maternity Allowance) Regulations 1987f1 after regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

1A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to an adult dependant in respect of whom a claim for an increase of maternity allowance is made or treated as made before 5th October 1998.”.

14Amendment of the Social Security (Severe Disablement Allowance) Regulations 1984

In the Social Security (Severe Disablement Allowance) Regulations 1984f1 after regulation 2 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act

2A. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child in respect of whom an increase of severe disablement allowance is claimed;

(b)

to an adult dependant in respect of whom a claim for an increase of severe disablement allowance is made or treated as made before 5th October 1998.”.

15Amendment of the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979

(1)

The Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979f1 shall be amended in accordance with the following provisions of this regulation.

(2)

After regulation 1 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act for the purposes of retirement pension

1A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)

to a child in respect of whom an increase of retirement pension is claimed;

(b)

to an adult dependant in respect of whom a claim for an increase of retirement pension is made or treated as made before 5th October 1998.”.

(3)

After regulation 16 there shall be inserted the following regulation—

“Disapplication of section 1(1A) of the Administration Act for the purposes of widowed mother’s allowance

16A

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply to a child in respect of whom an increase of widowed mother’s allowance is claimed.”.

Signature

Signed by authority of the Secretary of State for Social Security.

John Y. Denham

Parliamentary Under-Secretary of State,

Department of Social Security

7th November 1997

Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Social Security (Attendance Allowance) Regulations 1991, the Council Tax Benefit (General) Regulations 1992, the Social Security (Disability Living Allowance) Regulations 1991, the Disability Working Allowance (General) Regulations 1991, the Family Credit (General) Regulations 1987, the Social Security (Guardian’s Allowances) Regulations 1975, the Housing Benefit (General) Regulations 1987, the Social Security (Incapacity Benefit) Regulations 1994, the Income Support (General) Regulations 1987, the Social Security (Invalid Care Allowance) Regulations 1976, the Jobseeker’s Allowance Regulations 1996, the Social Security (Maternity Allowance) Regulations 1987, the Social Security (Severe Disablement Allowance) Regulations 1984, and the Social Security (Widow’s Benefit and Retirement Pensions) Regulations 1979.

These Regulations provide that certain benefits and certain categories of person are exempt from section 1(1A) of the Social Security Administration Act 1992; section 1(1A) provides that, when benefit is claimed, information must be supplied relating to the national insurance number of the person claiming benefit and any other person in respect of whom benefit is claimed. These Regulations specify that some of the exemptions will apply for a limited period; where no time limit is specified the exemption applies indefinitely.

These Regulations are made before the end of six months beginning with the coming into force of section 19 of the Social Security Administration (Fraud) Act 1997; they are accordingly exempt from referral to the Social Security Advisory Committee under section 173(5)(b) of the Social Security Administration Act 1992 and have not been so referred.

These Regulations do not impose any costs on business.