Regulation 5 Recording, verification and holding, and forwarding, of claims etc. received by relevant authorities

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 5(3)(b)(ii) word substituted by Tax Credits, Child Benefit and Childcare Payments 2019 reg. 6(3)(a)
reg. 5(6)(a)(ii) word substituted by Tax Credits, Child Benefit and Childcare Payments 2019 reg. 6(3)(b)
reg. 5(6) word removed by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 80
reg. 5(6)(c) and word inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 80
reg. 5(6)(c) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2016 reg. 56

(1)

A relevant authority may record and hold claims and notifications received by virtue of the principal Regulations and information or evidence received by virtue of regulation 3(2).

(2)

Subject to paragraphs (3) and (4), a relevant authority must forward to the Board or a person providing services to the Board such a claim or notification, or such information or evidence, as soon as reasonably practicable after being satisfied that it is complete.

(3)

Before forwarding a claim in accordance with paragraph (2), a relevant authority must verify—

(a)

that any national insurance number provided in respect of the person by whom the claim is made exists and has been allocated to that person;

(b)

that the matters verified in accordance with sub-paragraph (a) accord with—

(i)

its own records; or

(ii)

in the case of a person providing services to the Secretary of State or the Department for Social Development in Northern Ireland, records held by the Secretary of State or that Department; and

(c)

whether the details of any relevant claim for benefit that have been provided are consistent with those held by it.

(4)

If a relevant authority cannot locate any national insurance number in respect of a person by whom such a claim is made, it must forward to the Board or a person providing services to the Board the claim (notwithstanding that it is not complete).

(5)

“National insurance number” means the national insurance number allocated within the meaning of—

(a)

regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001^f1; or

(b)

regulation 9 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001^f2.

(6)

“Claim for benefit” means a claim for—

(a)

a benefit in relation to which—

(i)

the Secretary of State has functions under the Social Security Contributions and Benefits Act 1992^f3; or

(ii)

the Department for Social Development in Northern Ireland has functions under the Social Security Contributions and Benefits (Northern Ireland) Act 1992^f4; or

(b)

a jobseeker’s allowance under—

(i)

the Jobseekers Act 1995^f5; or

(ii)

the Jobseekers (Northern Ireland) Order 1995^f6.

Annotations

Footnotes

f1: S.I. 2001/769.
f2: S.R. 2001 No. 102.
f3: 1992 c. 4.
f4: 1992 c. 7. The functions of the Department of Health and Social Services for Northern Ireland under this Act were transferred to the Department for Social Development in Northern Ireland by Article 8(b) of, and Part 2 of Schedule 6 to, the Departments (Transfer and Assignment of Functions) Order (Northern Ireland) 1999 (S.R. 1999 No. 481).
f5: 1995 c. 18.
f6: S.I. 1995/2705 (N.I. 15).