Citation and commencement

1. These Regulations may be cited as the Social Security (Notification of Change of Circumstances) Regulations 2001 and shall come into force on 18th October 2001.

Notification for purposes of sections 111A and 112 of the Social Security Administration Act 1992

2. Regulations 3 to 5 below prescribe the person to whom, and manner in which, a change of circumstances must be notified for the purposes of sections 111A(1A) to (1G) and 112(1A) to (1F) of the Social Security Administration Act 1992 (offences relating to failure to notify a change of circumstances).

Change affecting jobseeker’s allowance

^F3,F4 3. —(1)[^F1 Subject to [^F2 paragraphs (1ZA) and (1A) ^F2] , ^F1] where the benefit affected by the change of circumstances is a jobseeker’s allowance, notice must be given ...to the Secretary of State ...at the office that the claimant is required to attend in accordance with a notification given to him under regulation 23 of the Jobseeker’s Allowance Regulations 1996

^M4[^F5 (a) 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

(b) 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). ^F5]

[^F6 (1ZA) Where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication). ^F6]

[^F7 (1A) In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

(a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification;

(b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State. ^F7]

^M5 (2) In [^F8 paragraph (1) ^F8] “Secretary of State” includes a person designated as an employment officer by an order made by the Secretary of State under section 8(3) of the Jobseekers Act 1995 .

[^F9 (3) In paragraph (1A) “relevant authority” has the same meaning as in regulation 4(2). ^F9]

Change affecting housing benefit or council tax benefit

4. [^F10—(1) Subject to paragraphs (1A) to [^F11 (1D) ^F11] , where the benefit affected by the change of circumstances is housing benefit or council tax benefit, notice must be given to the relevant authority at the designated office—

(a) in writing; or

(b) by telephone—

(i) where the relevant authority has published a telephone number for that purpose or for the purposes of making a claim unless the authority determines that in any particular case or class of case notification may not be given by telephone; or

(ii) in any case or class of case where the relevant authority determines that notice may be given by telephone; or

(c) by any other means which the relevant authority agrees to accept in any particular case. ^F10]

[^F12 (1A) In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

(a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(1B) Paragraph (1A) only applies if the authority administering the claimant’s housing benefit or council tax benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph. ^F12]

[^F13 (1C) Notice may be given to the appropriate DWP office by telephone where all the following conditions are met—

(a) the claimant or the claimant’s partner is in receipt of income support or a jobseeker’s allowance;

(b) the change of circumstances is that the claimant or the claimant’s partner starts employment;

(c) as a result of the change, either entitlement to housing benefit or council tax benefit will end, or the amount of benefit will be reduced; and

(d) a telephone number has been provided for that purpose. ^F13]

[^F14 (1D) Where—

(a) the change of circumstances required to be notified is a death; and

(b) the authority administering the claimant’s housing benefit or council tax benefit agrees with the Secretary of State that notifications may be made in accordance with paragraph (1A),

notice in writing may be given or sent to the Secretary of State by an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

(1E) The provisions set out in that Schedule shall apply to such a notice as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically). ^F14]

(2) In this regulation [^F15 “appropriate DWP office”, ^F15][^F16 “claimant”, ^F16] “designated office” and “relevant authority” have the same meaning as in the [^F17 Housing Benefit Regulations 2006, Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006, Council Tax Benefit Regulations 2006, and Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 ^F17] .

Change affecting other benefit payment or advantage _cross-notes

^F20 5. —(1)[^F18 Subject to [^F19 paragraphs (1ZZA) and (1ZA) ^F19] , ^F18] where the benefit or other payment or advantage affected by the change of circumstances is not a jobseeker’s allowance, housing benefit or council tax benefit, notice must be given ...to the Secretary of State [^F21 at the appropriate office—

[^F22 (1ZZA) In such cases and subject to such conditions as the Secretary of State may specify, notice may be given to the Secretary of State—

(a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State. ^F22]

[^F23 (1ZA) Where this paragraph applies, where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

[^F24 (1ZB) Paragraph (1ZA) applies in relation to—

(a) attendance allowance;

(b) carer’s allowance;

(c) disability living allowance;

(d) an employment and support allowance;

[^F25 (da) incapacity benefit; ^F25]

(e) income support. ^F24]

[^F26 (f) retirement pension;

[^F27 (fa) a state pension under Part 1 of the Pensions Act 2014; ^F27]

(g) state pension credit. ^F26,F23]]

[^F28 (1A) The reference in paragraph (1) to notice “in writing” includes where that notice relates to child benefit, notice given or sent in accordance with Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication). ^F28]

[^F29 (2) In this regulation—

• “the appropriate office” has the same meaning as in the Social Security (Claims and Payments) Regulations 1987 ;

• “relevant authority” has the same meaning as in regulation 4(2). ^F29]