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The Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007

S.I. 2007/271 · Made 5 February 2007

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 5th February 2007

Laid before House of Commons 8th February 2007

Coming into force 1st March 2007

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 87(4) and (9) of the Northern Ireland Act 1998f1, makes the following Regulations.

Annotations to the whole text

Footnotes

f1

1998 c. 47.

Contents

  1. 1Citation, commencement, interpretation
  2. 2Amendment of Schedule 2 to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976
  3. 3Single system of investigation powers; adaptations to the 1992 Act
  4. Signature
  5. Schedule 1Memorandum of Arrangements relating to the creation of a single system of social security investigation powers in Great Britain and Northern Ireland
  6. Schedule 2TABLE OF CORRESPONDING PROVISIONS
  7. Explanatory note

1Citation, commencement, interpretation

(1)

These Regulations may be cited as the Social Security Investigation Powers (Arrangements with Northern Ireland) Regulations 2007 and shall come into force on 1st March 2007.

(2)

In these Regulations, “the 1992 Act” means the Social Security Administration Act 1992f1.

2Amendment of Schedule 2 to the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976

(1)

The Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976f1 are amended as follows.

(2)

In Part I of Schedule 2 (adaptations of certain provisions of the Social Security Act 1975)—

(a)

in column 1, omit the reference to section 144(2) of the Social Security Act 1975;

(b)

in column 2, omit the reference to section 135(2) of the Social Security (Northern Ireland Act) 1975; and

(c)

in column 3, omit “Powers of inspectors”.

3Single system of investigation powers; adaptations to the 1992 Act

(1)

The arrangements for a single system of social security investigation powers in Great Britain and Northern Ireland set out in the Memorandum reproduced in Schedule 1 shall have effect in Great Britain.

(2)

The 1992 Act shall have effect subject to such adaptations as may be required for the purpose of giving effect to those arrangements.

(3)

In particular (and without prejudice to the generality of paragraph (2) and so far as may be required for the purpose mentioned in that paragraph)—

(a)

an act, omission or event referred to in a provision of the Northern Ireland legislation specified in column 2 of the table in Schedule 2 shall be deemed to be an act, omission or event under the provision of the 1992 Act specified in the corresponding paragraph of column 1 of that table; and

(b)

in the provisions specified in column 1 of that table—

(i)

references to the Secretary of State shall be construed as including references to the Department for Social Development in Northern Ireland, and

(ii)

references to an authority administering housing benefit or council tax benefit shall be construed as including the Northern Ireland Housing Executive.

Signature

Signed by authority of the Secretary of State for Work and Pensions.

James Plaskitt

Parliamentary Under-Secretary of State,

Department for Work and Pensions

5th February 2007

Schedule 1Memorandum of Arrangements relating to the creation of a single system of social security investigation powers in Great Britain and Northern Ireland

Schedule 2TABLE OF CORRESPONDING PROVISIONS

1

Provision of the Social Security Administration Act 1992

2

Provision

of the Social Security Administration (Northern Ireland) Act 1992

3

Subject Matter
Section 109ASection 103AAuthorisations for investigators by Secretary of State, or Department for Social Development for Northern Ireland
Section 109BSection 103BPower to require information
Section 109BASection 103BAPower for Secretary of State, or Department for Social Development for Northern Ireland, to require electronic access to information
Section 109CSection 103CPowers of entry
Section 110ASection 104AAuthorisations for investigators by local authorities or Northern Ireland Housing Executive
Section 110AASection 104AAPower of local authority, or Northern Ireland Housing Executive, to require electronic access to information
Section 111Section 105Offence of delay, obstruction etc. of an authorised officer
Section 115Section 109Offences by a body corporate: director etc. also guilty in certain circumstances
Section 115BSection 109BPenalty as alternative to prosecution: colluding employers etc.

Explanatory note

(This note is not part of the Regulations)

These Regulations give effect in Great Britain to arrangements for a single system of social security investigation powers in Great Britain and Northern Ireland (“the Arrangements”) made between the Secretary of State for Work and Pensions (in relation to Great Britain) and the Department for Social Development in Northern Ireland (in relation to Northern Ireland). The Arrangements are set out in a Memorandum reproduced in Schedule 1 to the Regulations.

The Regulations and the Arrangements replace and expand those that previously existed between Great Britain and Northern Ireland as regards powers of inspectors in matters of social security. Regulation 2 therefore amends the Social Security (Northern Ireland Reciprocal Arrangements) Regulations 1976 (SI 1976/1003) by omitting the references to powers of inspectors contained in Schedule 2 to those Regulations. The revised Arrangements will apply to certain benefits (for example income support and jobseeker’s allowance) which fall outside the scope of the 1976 Regulations.

Regulation 3 gives effect in Great Britain to the Arrangements, and provides for the adaptation of the Social Security Administration Act 1992 (“the 1992 (GB) Act”) so far as may be required for the purpose of giving them effect, in particular by deeming an act, omission or event referred to in a provision of the Social Security Administration (Northern Ireland) Act 1992 (“the 1992 (NI) Act”) indicated in column 2 of the table in Schedule 2 to be an act, omission or event under the corresponding provision of the 1992 (GB) Act indicated in column 1 of that table.

The Regulations (together with the Arrangements) will mean in particular that—

  • where an officer has authorisation in Northern Ireland to exercise social security investigation powers under the 1992 (NI) Act, he is to be treated as having authorisation in the same terms in Great Britain for the purposes of the equivalent provision of the 1992 (GB) Act;

  • the Department for Social Development in Northern Ireland or the Northern Ireland Housing Executive may require persons in Great Britain listed in section 109B(2A) of the 1992 (GB) Act who keep electronic records to enter into arrangements to allow authorised officers to have access to those records, and for this to be treated as a requirement made by the Secretary of State under section 109BA (or, as the case may be, an authority administering housing benefit or council tax benefit under section 110AA) of the 1992 (GB) Act; and

  • where a person obstructs in Great Britain a social security investigation being carried out for the purposes of the 1992 (NI) Act, or provides false information to the authorised officer, this can form the basis of an offence under provisions such as section 111 of the 1992 (GB) Act. As an alternative to a criminal prosecution in those circumstances, an administrative penalty could be imposed under section 115B of the 1992 (GB) Act.

The Social Security Investigation Powers (Arrangements with Great Britain) Regulations (Northern Ireland) 2007 give effect to the Arrangements in Northern Ireland.

These Regulations give effect to amendments to an existing regulatory regime and have only a negligible impact on business, charities and the voluntary sector, so a full regulatory impact assessment is unnecessary.