Citation and commencement

1. This Order may be cited as the Social Security (Electronic Communications) (No.2) Order 2011 and comes into force on 23rd January 2012.

Amendment of the Social Security (Claims and Payments) Regulations 1987

2. —(1)The Social Security (Claims and Payments) Regulations 1987 are amended as follows.

(2) In regulation 32ZA(2) (information given electronically) —

(a) after sub-paragraph (d), insert—

“ (da) incapacity benefit; ” ;

(b) at the end, insert—

“ (g) retirement pension;

(h) state pension credit. ” .

(3) In paragraph 2(1) (conditions for the use of electronic communication) of Schedule 9ZC (electronic communication) , for “an employment and support allowance and income support” substitute “ an employment and support allowance, incapacity benefit, income support and state pension credit ” .

Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001

3. —(1)The Social Security (Notification of Change of Circumstances) Regulations 2001 are amended as follows.

(2) In regulation 4 (change affecting housing benefit or council tax benefit) —

(a) in paragraph (1), for “(1C)” substitute, “ (1D) ” ;

(b) after paragraph (1C) , insert—

“ (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). ” .

(3) In regulation 5(1ZB) (change affecting other benefit payment or advantage) —

(a) after sub-paragraph (d), insert—

“ (da) incapacity benefit; ” ;

(b) at the end, insert—

“ (f) retirement pension;

(g) state pension credit. ” .

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Amendment of the Housing Benefit Regulations 2006

6. —(1)The Housing Benefit Regulations 2006 are amended as follows.

(2) The existing regulation 88A (notice of changes of circumstances given electronically) is re-numbered regulation 88A(1).

(3) After that provision (as re-numbered), insert—

“ (2) Where—

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

(b) the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 88ZA(1) (alternative means of notifying changes of circumstances),

a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

(3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

(4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit. ” .

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

7. —(1)The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) The existing regulation 69A (notice of changes of circumstances given electronically) is re-numbered regulation 69A(1).

(3) After that provision (as re-numbered), insert—

“ (2) Where—

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

(b) the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 69ZA(1) (alternative means of notifying changes of circumstances),

a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

(3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

(4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit. ” .