Social Security Administration (Fraud) Act 1997

Redirection of postU.K.

20 Return of social security post.U.K.

(1)After section 182 of the M1Social Security Administration Act 1992 insert—

“ Redirection of postU.K.

182A Return of social security post.

(1)A social security authority may require—

(a)the Post Office; or

(b)any other person who conveys postal packets,

to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2)A social security authority shall make payments of such amount as the Secretary of State considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3)In subsections (1) and (2) above “social security authority” means—

(a)the Secretary of State;

(b)the Northern Ireland Department; or

(c)any local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive).

(4)In subsections (1) and (2) above “social security post” means postal packets—

(a)the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b)which are marked, in a manner approved by the Post Office or other person conveying them, with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5)In this section—

(a)“redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b)“postal packet” has the same meaning as in the M2Post Office Act 1953.

(6)Any requirement imposed under subsection (1) above has effect subject to any order under—

(a)section 371 of the M3Insolvency Act 1986 or Article 342 of the M4Insolvency (Northern Ireland) Order 1989 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b)paragraph 10 of Schedule 1 to the M5Solicitors Act 1974 or paragraph 15 of Schedule 1 to the M6Solicitors (Northern Ireland) Order 1976 (redirection of letters following intervention by Law Society); or

(c)paragraph 10 of Schedule 5 to the M7Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”

(2)After section 158 of the M8Social Security Administration (Northern Ireland) Act 1992 insert—

“ Redirection of postU.K.

158A Return of social security post.

(1)A social security authority may require—

(a)the Post Office; or

(b)any other person who conveys postal packets,

to return to the sender social security post sent by or on behalf of the authority which would otherwise be redirected.

(2)A social security authority shall make payments of such amount as the Department considers reasonable in respect of the return of social security post in compliance with a requirement imposed by the authority under subsection (1) above.

(3)In subsections (1) and (2) above “social security authority” means—

(a)the Department;

(b)the Housing Executive;

(c)the Secretary of State; or

(d)any local or other authority administering housing benefit or council tax benefit (other than the Housing Executive).

(4)In subsections (1) and (2) above “social security post” means postal packets—

(a)the contents of which relate to any benefit, contributions or national insurance number or to any other matter relating to social security; and

(b)which are marked, in a manner approved by the Post Office or other person conveying them, with the name and address of the sender and with an indication that they are to be returned rather than redirected.

(5)In this section—

(a)“redirected”, in relation to any postal packet, means delivered to an address other than that indicated by the sender on the packet; and

(b)“postal packet” has the same meaning as in the M9Post Office Act 1953.

(6)Any requirement imposed under subsection (1) above has effect subject to any order under—

(a)Article 342 of the M10Insolvency (Northern Ireland) Order 1989 or section 371 of the M11Insolvency Act 1986 (redirection of bankrupt’s letters to trustee in bankruptcy);

(b)paragraph 15 of Schedule 1 to the M12Solicitors (Northern Ireland) Order 1976 or paragraph 10 of Schedule 1 to the M13Solicitors Act 1974 (redirection of letters following intervention by Law Society); or

(c)paragraph 10 of Schedule 5 to the M14Administration of Justice Act 1985 (redirection of letters following intervention by Council for Licensed Conveyancers).”

21 Information about redirection of post.U.K.

(1)After section 182A of the M15Social Security Administration Act 1992 (inserted by section 20(1)) insert—

“182B Requirement to supply information about redirection of post.

(1)The Secretary of State or the Northern Ireland Department may require the Post Office or any other person who conveys postal packets to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Secretary of State or the Department—

(a)for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b)for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(2)A local or other authority administering housing benefit or council tax benefit (including the Northern Ireland Housing Executive) may require the Post Office or any other person who conveys postal packets to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—

(a)for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or

(b)for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.

(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)Payments of such amount as the Secretary of State considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.

(5)Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—

(a)it could be supplied to that person or body under either of those subsections; or

(b)it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the M16Jobseekers Act 1995 or this Act or to any provision of Northern Ireland legislation corresponding to any of them.

(6)But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—

(a)supplied to any person or body to whom that other information could be supplied; or

(b)used for any purpose for which that other information could be used.

(7)In subsections (1) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the Post Office or other person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.

(8)In this section “postal packet” has the same meaning as in the M17Post Office Act 1953.”

(2)After section 158A of the M18Social Security Administration (Northern Ireland) Act 1992 (inserted by section 20(2)) insert—

“158B Requirement to supply information about redirection of post.

(1)The Department or the Secretary of State may require the Post Office or any other person who conveys postal packets to supply information relating to arrangements for the redirection of postal packets to, or to a person supplying services to, the Department or the Secretary of State—

(a)for use in the prevention, detection, investigation or prosecution of offences relating to social security; or

(b)for use in checking the accuracy of information relating to benefits, contributions or national insurance numbers or to any other matter relating to social security and (where appropriate) amending or supplementing such information.

(2)The Housing Executive or any other local or other authority administering housing benefit or council tax benefit may require the Post Office or any other person who conveys postal packets to supply information relating to arrangements for the redirection of postal packets to the authority or a person authorised to exercise any function of the authority relating to housing benefit or council tax benefit—

(a)for use in the prevention, detection, investigation or prosecution of offences relating to such a benefit; or

(b)for use in checking the accuracy of information relating to such a benefit and (where appropriate) amending or supplementing such information.

(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)Payments of such amount as the Department considers reasonable shall be made by a person or authority imposing a requirement under subsection (1) or (2) above in respect of the supply of information in compliance with the requirement.

(5)Information supplied under subsection (1) or (2) above shall not be supplied by the recipient to any other person or body unless—

(a)it could be supplied to that person or body under either of those subsections; or

(b)it is supplied for the purposes of any civil or criminal proceedings relating to the Contributions and Benefits Act, the M19Jobseekers (Northern Ireland) Order 1995 or this Act or to any enactment applying in Great Britain corresponding to any of them.

(6)But where information supplied under subsection (1) or (2) above has been used (in accordance with paragraph (b) of the subsection concerned) in amending or supplementing other information, it is lawful for it to be—

(a)supplied to any person or body to whom that other information could be supplied; or

(b)used for any purpose for which that other information could be used.

(7)In subsections (1) and (2) above “arrangements for the redirection of postal packets” means arrangements made with the Post Office or other person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.

(8)In this section “postal packet” has the same meaning as in the M20Post Office Act 1953.”