The Social Security Administration (Fraud) (Northern Ireland) Order 1997 (N.I. 11)

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STATUTORY INSTRUMENTS

1997 No. 1182 (N.I. 11)
NORTHERN IRELAND
The Social Security Administration (Fraud) (Northern Ireland) Order 1997

	Made	8th April 1997
	Laid before Parliament	14th May 1997
	Coming into operation on days to be appointed under Article 1(2)

ARRANGEMENT OF ORDER

1.	Title and commencement.

2.	Interpretation.

Supply and use of information

3.	The Housing Executive.

4.	Unauthorised disclosure by officials.

Administration of housing benefit

5.	Overseeing of administration by Department.

6.	Role of local government auditors in relation to housing benefit.

7.	References and reports to Department.

8.	Directions by Department.

9.	Enforcement of directions.

Investigations relating to housing benefit

10.	Information from landlords and agents.

11.	Inspectors appointed by the Housing Executive.

Offences, penalties and overpayments

12.	Offence of dishonest representation for obtaining benefit.

13.	Extension of offence of false representation for obtaining benefit.

14.	Penalty as alternative to prosecution.

15.	Recovery of overpaid housing benefit.

Reviews and medical examinations

16.	Reviews initiated by Department.

17.	Medical examinations of persons awarded certain benefits.

National insurance numbers

18.	Requirement to state national insurance number.

Supplementary

19.	Amendments and repeals.

SCHEDULES:

Schedule 1 -

Amendments of the Administration Act.

Schedule 2 -

Repeals.

At the Court at Windsor Castle, the 8th day of April 1997
Present,
The Queen's Most Excellent Majesty in Council
Whereas this Order is made only for relevant purposes within the meaning of section 23(5) of the Social Security Administration (Fraud) Act 1997:

     Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the Northern Ireland Act 1974 (as modified by section 23 of the Act of 1997) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: -

Title and commencement
     1. - (1) This Order may be cited as the Social Security Administration (Fraud) (Northern Ireland) Order 1997.

    (2) This Order shall come into operation on such day or days as the Department may by order appoint.

    (3) An order under paragraph (2) may include such transitional provisions, consequential provisions or savings as the Department considers appropriate for the purposes of, or in connection with, the provisions to which it applies.

    (4) Nothing in Article 12, 13 or 14 applies in relation to any act occurring before the Article comes into operation.

Interpretation
     2. - (1) The Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

    (2) In this Order -

"the Administration Act" means the Social Security Administration (Northern Ireland) Act 1992;

"the Department" means the Department of Health and Social Services.

Supply and use of information
The Housing Executive
3. After section 116B of the Administration Act insert -

" The Housing Executive
Supply of information to the Housing Executive.

116C.

- (1) This section applies to information relating to social security which is held -

(2) Information to which this section applies may be supplied to -

for use in the administration of housing benefit.

(3) But where information to which this section applies has been supplied to the Department, the Secretary of State or the person providing services under section 116 or 116B above it may only be supplied under subsection (2) above -

(4) The Department or the Secretary of State -

(5) Where information is supplied to the Housing Executive or other person under subsection (2) above, the Executive or other person shall have regard to it in the exercise of any function relating to housing benefit.

(6) Information supplied under subsection (2) above shall not be supplied by the recipient to any other person or body unless -

(b) it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them; or

(c) it is supplied under section 116D below.

(7) This section does not limit the circumstances in which information may be supplied apart from this section (in particular by reason of section 116(4) or 116B(4) above).

Supply of information by the Housing Executive.
116D. - (1) The Department or the Secretary of State may require -

(a) the Housing Executive; or

(b) a person authorised to exercise any function of the Housing Executive relating to housing benefit,

to supply benefit administration information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State for use for any purpose relating to social security.

(2) The Department or the Secretary of State may require -

(a) the Housing Executive; or

(b) a person authorised to exercise any function of the Housing Executive relating to housing benefit,

to supply benefit policy information held by the Executive or other person to, or to a person providing services to, the Department or the Secretary of State.

    (3) Information shall be supplied under subsection (1) or (2) above in such manner and form, and in accordance with such requirements, as may be prescribed.

    (4) In subsection (1) above "benefit administration information", in relation to the Housing Executive or other person, means any information which is relevant to the exercise of any function relating to housing benefit by the Executive or other person.

    (5) In subsection (2) above "benefit policy information" means any information which may be relevant to the Department or the Secretary of State -

(a) in preparing estimates of likely future expenditure on housing benefit; or

(b) in developing policy relating to housing benefit.".

Unauthorised disclosure by officials
4. - (1) In Schedule 4 to the Administration Act (persons who may commit an offence under section 117 of that Act), after the entry headed "Other public departments and offices" insert -

" The Housing Executive etc.
A member, officer or employee of the Housing Executive.

A person authorised to exercise any function of the Housing Executive relating to housing benefit or any employee of such a person.

A person authorised under section 128A(1) of this Act to consider and report to the Department on the administration of housing benefit.".

(2) In section 117 of that Act (offence of unauthorised disclosure by certain persons of information relating to particular persons), in subsection (8) (persons employed in audit of expenditure) -

(a) after paragraph (g) insert -

(b) after paragraph (h) insert -

(c) in paragraph (i), for "referred to in paragraph (b), (c), (e) or (h) above" substitute "or Commissions referred to in paragraphs (b), (c), (e) and (gb) to (hc) above and any person assisting an auditor referred to in paragraph (ga), (gb) or (gc) above".

Administration of housing benefit

Overseeing of administration by Department
5. After section 128 of the Administration Act insert -

" Reports
Persons to report on administration.

128A.

- (1) The Department may authorise persons to consider and report to it on the administration by the Housing Executive of housing benefit and, in particular, the Executive's performance in the prevention and detection of fraud relating to that benefit.

(2) A person may be authorised under subsection (1) above on such terms and for such period as the Department thinks fit.

Powers of investigation.

128B.

- (1) A person authorised under section 128A(1) above -

(2) A person authorised under section 128A(1) above is entitled to require any officer or member of the Housing Executive or any person involved in the administration of housing benefit for the Executive -

(3) A person who without reasonable excuse fails to comply with a requirement under subsection (1) or (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) A person authorised under section 128A(1) above may -

    (5) In this section "document" means anything in which information of any description is recorded.

Reports.
     128C. - (1) A report about the Housing Executive by a person authorised under section 128A(1) above may include recommendations about improvements which could be made by the Executive in its administration of housing benefit and, in particular, in the prevention and detection of fraud relating to that benefit.

    (2) When the Department receives a report about the Housing Executive from a person authorised under section 128A(1) above, it shall send a copy to the Executive.".

" Directions by Department
Directions.

128D.

- (1) This section applies where -

(2) The Department may invite the Housing Executive to consider the report and to submit proposals for -

(3) After considering the report and any proposals made by the Housing Executive in response to it, the Department may give directions to the Executive as to -

(4) When giving directions to the Housing Executive under subsection (3) above, the Department may make recommendations to the Executive setting out any course of action which the Department thinks the Executive might take to attain the standards which it is directed to attain.".

Enforcement of directions
9. After section 128D of the Administration Act (inserted by Article 8) insert -

" Information about attainment of standards.

128E.

- (1) Where directions have been given to the Housing Executive under section 128D(3) above, the Department may require the Executive to supply to it any information which the Department considers may assist it in deciding -

(2) Information shall be supplied under subsection (1) above in such manner and form as the Department may require.

Enforcement notices.
128F. - (1) Where directions have been given to the Housing Executive under section 128D(3) above and the Department -

(a) is not satisfied that the Executive has attained the standards which it has been directed to attain; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may serve on the Executive a written notice under this section.

(2) The notice shall -

(a) identify the directions and state why the Department is not satisfied as mentioned in paragraph (a) or (b) of subsection (1) above; and

(b) require the Housing Executive to submit a written response to the Department within a time specified in the notice.

(3) If any person (other than the Housing Executive) carrying out work relating to the administration of housing benefit may be affected by any determination which may be made under section 128G below, the Executive shall -

(a) consult that person before submitting its response; and

(b) include in its response any relevant observations made by that person.

(4) The Housing Executive's response shall either -

(a) state that the Executive has attained the standards, or is likely to attain them within the time specified in the directions, and justify that statement; or

(b) state that the Executive has not attained the standards, or is not likely to attain them within that time, and (if the Executive wishes) give reasons why a determination under section 128G below should not be made or should not include any particular provision.

    (5) The notice may relate to any one or more matters covered by the directions.

    (6) The serving of a notice under this section relating to any directions or matter does not prevent the serving of further notices under this section relating to the same directions or matter.

Enforcement determinations.
     128G. - (1) Where, after the time specified in the notice under section 128F above has expired, the Department -

(a) is not satisfied that the Housing Executive has attained the standards in question; or

(b) is not satisfied that the Executive is likely to attain those standards within the time specified in the directions,

the Department may make a determination under this section.

(2) The determination may be made whether or not the Housing Executive has responded to the notice under section 128F above.

(3) The determination shall be designed to secure the attainment of the standards in question and -

(a) shall include provision such as is specified in subsection (4) below; and

(b) may also include provision such as is specified in subsection (5) below.

(4) The provision referred to in paragraph (a) of subsection (3) above is provision that the Housing Executive must comply with specified requirements as to inviting, preparing, considering and accepting bids to carry out any work which -

(a) falls to be carried out in pursuance of the Executive's functions relating to the administration of housing benefit; and

(b) is of a description specified in the determination.

(5) The provision referred to in paragraph (b) of that subsection is provision of any one or more of the following kinds relating to the work, or any specified category of the work, to which the determination relates -

(a) provision that it may not be carried out by the Housing Executive;

(b) provision that it may not be carried out by any person (other than the Executive) who has been carrying it out; and

(c) provision that any contract made by the Executive with any person for carrying it out shall include terms requiring a level of performance which will secure, or contribute to securing, the attainment of the standards in question.

Enforcement determinations: supplementary.
     128H. - (1) The provisions included in a determination under section 128G above shall take effect from a date specified in the determination; and different dates may be specified in relation to different provisions.

    (2) The making of a determination under section 128G above in relation to any directions does not prevent the making of further determinations under that section in relation to the same directions.

    (3) The provision included in a determination by virtue of section 1286(3) above may include -

(a) requirements that the Department be satisfied as to any specified matter; and

(b) requirements that the Department authorise or consent to any specified matter.

(4) The provision so included may also include provision as to the time at which any contract for the carrying out of work to which the determination relates (and which is not previously discharged) is to be taken to be frustrated by the determination.

(5) A determination under section 128G above shall have effect in spite of any statutory provision under or by virtue of which the Housing Executive is required or authorised to carry out any work to which the determination relates.".

Investigations relating to housing benefit
Information from landlords and agents
10. After section 119 of the Administration Act insert -

" Landlords and agents
Power to require information from landlords and agents.

119A.

- (1) Regulations shall provide that where a claim for housing benefit in respect of a dwelling is made to the Housing Executive and the circumstances are such as are prescribed -

may require any appropriate person to supply information of a prescribed description to the Executive or other person.

(2) Subject to subsection (4) below, for the purposes of subsection (1) above a person is an appropriate person in relation to a dwelling if he is -

    (3) In subsection (2) above "relevant payments", in relation to a dwelling, means payments in respect of the dwelling which are of a description in relation to which housing benefit may be paid.

    (4) Regulations may provide that any prescribed person, or any person of a prescribed description, is not an appropriate person for ,?the purposes of subsection (1) above.

    (5) The descriptions of information which may be prescribed for the purposes of subsection (1) above include, in particular, any description of information relating to, or to any interest in or other connection with, dwellings and other property situated anywhere in the United Kingdom.

    (6) Information shall be supplied under subsection (1) above in such manner and form, and at such time and in accordance with such other requirements, as may be prescribed.

    (7) Information supplied to the Housing Executive or other person under subsection (1) above may be used by the Executive or other person only in the exercise of any function relating to housing benefit.

    (8) The provisions of section 116D above apply in relation to any information supplied under subsection (1) above which is not benefit administration information (within the meaning of those provisions) as if it were.".

Inspectors appointed by the Housing Executive
11. After section 104 of the Administration Act insert -

" Appointment of inspectors by the Housing Executive.

104A.

- (1) The Housing Executive may appoint persons to be inspectors.

(2) The Department may notify the Housing Executive as to -

(3) The Housing Executive may only appoint as inspectors persons employed by -

(4) A person within subsection (3)(b) above may only be appointed as an inspector with the consent of the Department.

(5) Appointment as an inspector shall be for a period not exceeding one year; but such an appointment -

(6) Every person appointed as an inspector shall be given a certificate of his appointment.

Powers of inspectors appointed under section 104A.
104B. - (1) An inspector may -

(a) on showing his certificate of appointment as an inspector (if required to do so), enter any premises liable to inspection under this section at any reasonable time together with such other persons as he considers it necessary to take with him;

(b) make inquiries about, and examine documents relating to, any person believed by him to be a benefit claimant or a benefit recipient; and

(c) interview any person found by him in any premises liable to inspection under this section or believed by him to hold or have access to information or documents relating to any person believed by him to be a benefit claimant or a benefit recipient.

(2) Any person liable to supply information or produce documents under this section shall -

(a) supply to an inspector all such information; and

(b) produce for his inspection, or supply him with a copy of, all such documents,

as he may reasonably require for the purpose of ascertaining whether housing benefit is or was payable to or in respect of any person.

    (3) Information, documents and copies supplied or produced under subsection (2) above shall be in such form as the inspector may reasonably require.

    (4) No one shall be required under subsection (2) above to answer any questions or to give evidence tending to incriminate himself or, in the case of a person who is married, his or her spouse.

    (5) Premises are liable to inspection under this section if an inspector has reasonable grounds for believing that -

(a) any persons are employed there;

(b) a trade or business is being carried on from there; or

(c) any records relating to a trade or business are kept there;

but a private dwelling-house is not liable to inspection under this section unless an inspector has reasonable grounds for believing that a trade or business is being carried on from the dwelling-house and that the trade or business is not also being carried on from premises other than a dwelling-house.

(6) For the purposes of this section -

(a) a benefit claimant is a person who has claimed housing benefit; and

(b) a benefit recipient is a person to whom housing benefit has been paid.

(7) Persons are liable to supply information or produce documents under this section if they -

(a) occupy any premises liable to inspection under this section or are found by an inspector in any such premises;

(b) are believed by an inspector to be benefit claimants or benefit recipients;

(c) are believed by an inspector to hold or have access to information or documents relating to a person within paragraph (b) above; or

(d) are employees or agents of a person within any of paragraphs (a) to (c) above.

(8) The Housing Executive may make arrangements for any power under this section which may be exercised in relation to any premises to be exercised -

(a) by any inspector appointed by, or an officer of, the Executive if the premises are liable to be inspected by that inspector or officer or are under the control of the Executive; or

(b) by any inspector appointed by, or an officer of, a government department if the premises are liable to be inspected by that inspector or officer or are under the control of that department.

(9) In this section -

"inspector" means (except in subsection (8) above) an inspector appointed under section 104A above; and

"document" means anything in which information of any description is recorded.".

Offences, penalties and overpayments
Offence of dishonest representation for obtaining benefit
12. After section 105 of the Administration Act insert -

" Dishonest representations for obtaining benefit etc.

105A.

- (1) If a person dishonestly -

with a view to obtaining any benefit or other payment or advantage under the social security legislation (whether for himself or for some other person), he shall be guilty of an offence.

(2) In this section "the social security legislation" means the legislation to which section 104 above applies and the Jobseekers (Northern Ireland) Order 1995.

(3) A person guilty of an offence under this section shall be liable -

Extension of offence of false representation for obtaining benefit
13. In section 106 of the Administration Act (offence of making false representation etc. for obtaining benefit or for other purpose connected with social security legislation), after subsection (1) insert -

" (1A) If a person without reasonable excuse -

and he knows that he, or the other person, is required to notify the change of circumstances, he shall be guilty of an offence.".

Penalty as alternative to prosecution
14. After section 109 of the Administration Act insert -

" Penalty as alternative to prosecution.

109A.

- (1) This section applies where an overpayment is recoverable from a person by, or due from a person to, the Department or the Housing Executive under or by virtue of section 69, 69A or 73 above and it appears to the Department or the Executive that -

(2) The Department or the Housing Executive may give to the person a written notice -

(3) The amount of the penalty shall be 30 per cent. of the amount of the overpayment (rounded down to the nearest whole penny).

(4) If the person agrees in the specified manner to pay the penalty -

(5) The person may withdraw his agreement to pay the penalty by notifying the Department or the Housing Executive, in the manner specified by the Department or the Executive, at any time during the period of 28 days beginning with the day on which he agrees to pay it; and if he does so -

(6) Where, after the person has agreed to pay the penalty, it is decided on a review or appeal or in accordance with regulations that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid.

(7) Where, after the person has agreed to pay the penalty, the amount of the overpayment is revised on a review or appeal or in accordance with regulations -

but if a new agreement is made under this section in relation to the revised overpayment, the amount already recovered by way of penalty, to the extent that it does not exceed the amount of the new penalty, may be treated as recovered under the new agreement instead of being repaid.

(8) In this section "overpayment" means -

and the reference in subsection (1)(a) above to the making of the overpayment is to the making of the payment, the failure to receive the sum, the payment of benefit in excess of entitlement or the allowing of an excess of benefit.".

Recovery of overpaid housing benefit
15. In section 73 of the Administration Act (recovery of overpayments of housing benefit), after subsection (4) add -

" (5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction -

(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.

(7) Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits it shall, if the county court so orders, be enforceable as if it were payable under an order of that court.".

Reviews and medical examinations
Reviews initiated by Department
16. - (1) In section 28 of the Administration Act (reviews of decisions about attendance allowance, disability living allowance or disability working allowance), after subsection (7) insert -

(2) In section 30(4)(b) of that Act (consideration on review of questions about component for life where information is available to give grounds for believing it ought not to continue), for "information is available to the adjudication officer" substitute "there has been supplied to the adjudication officer by the Department, or is otherwise available to him, information".

Medical examinations of persons awarded certain benefits
17. After section 55 of the Administration Act insert -

" Medical examinations
Medical examinations of persons awarded attendance allowance or disability living allowance.

55A.

Regulations may make provision -

National insurance numbers

Requirement to state national insurance number
18. In section 1 of the Administration Act (entitlement to benefit dependent on claim), after subsection (1) insert -

" (1A) No person whose entitlement to any benefit depends on his making a claim shall be entitled to the benefit unless subsection (1B) below is satisfied in relation both to the person making the claim and to any other person in respect of whom he is claiming benefit.

(1B) This subsection is satisfied in relation to a person if -

(b) the person makes an application for a national insurance number to be allocated to him which is accompanied by information or evidence enabling such a number to be so allocated.

(1C) Regulations may make provision disapplying subsection (1A) above in the case of -

or in other prescribed circumstances.".

Supplementary
Amendments and repeals
     19. - (1) The Administration Act shall be amended in accordance with Schedule 1.

    (2) The statutory provisions mentioned in Schedule 2 are repealed to the extent mentioned in the third column.

N.H. Nicholls
Clerk of the Privy Council

SCHEDULES

SCHEDULE 1 Article 19(1).

AMENDMENTS OF THE ADMINISTRATION ACT

     1. In section 52(2)(b) (power of adjudication officer to refer for medical examination a person who has applied for a review), for the words "who has applied" onwards substitute "in respect of whom an application for a review under section 28 or 33 above has been made or is treated as having been made,".

     2. In section 73(1) (recovery of overpayments of housing benefit), after "housing benefit" insert "determined in accordance with regulations to have been".

     3. - (1) Section 106 (offence of making false representation etc. for obtaining benefit or for any other purpose connected with social security legislation) is amended as follows.

    (2) In subsection (1), for the words "legislation to which section 104 above applies" substitute "social security legislation".

    (3) In subsection (2), for "subsection (1) above" substitute "this section".

    (4) After that subsection add -

4. In section 110 (legal proceedings), after subsection (2) insert -

5. In section 144 (destination of repayments etc.), after subsection (7) add -

6. After section 158B insert -

" National insurance numbers

Requirement to requiring a apply for national insurance number.

158C.

7. In section 167 (interpretation) for the definition of "the Department" substitute

" "the Department" means the Department of Health and Social Services for Northern Ireland but in sections -

also includes the Department of the Environment;".

SCHEDULE 2 Article 19(2).

REPEALS

Chapter or Number	Short title	Extent of repeal
1992 c. 7.	The Social Security Contributions and Benefits (Northern Ireland) Act 1992.	In Schedule 1, paragraph 8(1)(p).
1992 c. 8.	The Social Security Administration (Northern Ireland) Act 1992.	In section 73(1), the words "in such manner as may be prescribed".
		In section 117(8)(h), the word "and".
		Section 120.
1995 NI 15.	The Jobseekers (Northern Ireland) Order 1995.	Article 35(1) and (4).
		In Schedule 2, paragraph 43.
1996 NI 11.	The Deregulation and Contracting Out (Northern Ireland) Order 1996.	In Schedule 5, paragraph 5.
1997 c.	The Social Security Administration (Fraud) Act 1997.	In Schedule 1, paragraph 14(3).

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made only for relevant purposes within the meaning of section 23(5) of the Social Security Administration (Fraud) Act 1997. The Order amends the Social Security Administration (Northern Ireland) Act 1992 in respect of the prevention and detection of benefit fraud and the manner in which benefits (in particular housing benefit) are administered.

ISBN 0 11 064489 1

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You are here: BAILII >> Databases >> Northern Ireland Orders in Council >> The Social Security Administration (Fraud) (Northern Ireland) Order 1997 (N.I. 11) URL: http://www.bailii.org/nie/legis/num_orders/1997/1997118201.html