Policy paper

The Social Security (Electronic Communications) Directions 2011

Published 27 February 2013

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government

Applies to England, Scotland and Wales

The Secretary of State for Work and Pensions, in accordance with paragraph 2 of Schedule 9ZC (electronic communication) to the Social Security (Claims and Payments) Regulations 1987^{[footnote 1]} and regulation 1(6) of the Jobseeker’s Allowance Regulations 1996^{[footnote 2]}, makes the following Directions:

Citation, commencement and interpretation

1.–(1) These Directions may be cited as the Social Security (Electronic Communications) Directions 2011 and they come into force–

(a) on 1 February 2012, for the purposes of regulation 4ZC (electronic claims for benefit) of the Claims and Payments Regulations^{[footnote 3]};

(b) on 20 June 2011, for all other purposes.

(2) In these Directions–

“the Claims and Payments Regulations” means the Social Security (Claims and Payments) Regulations 1987.

“relevant benefit” means –

(a) Attendance Allowance

(b) Disability Living Allowance

(c) an Employment and Support Allowance

(d) Income Support.

Authorisation

2. A person who, in accordance with paragraph 2 of Schedule 9ZC (electronic communication) to the Claims and Payments Regulations^{[footnote 4]} –

(a) makes a claim for a Jobseeker’s Allowance or provides any certificate, notice, information or evidence in connection with that claim;

(b) gives a notification of a change of circumstances or provides any certificate, notice information or evidence relating to an award of a Jobseeker’s Allowance or a relevant benefit,

is authorised to do so by means of an electronic communication, provided that the person uses a method and form approved by the Secretary of State for Work and Pensions for that purpose.

Approved method and form

3. The method and form set out on the DirectGov website, at the time of, and for the purposes of, making any claim, giving any notification or providing any certificate, notice, information or evidence referred to in paragraph 2 are –

(a) the method approved by the Secretary of State for Work and Pensions for –

(i) authenticating the identity of the person making the claim, giving the notification or providing the certificate, notice, information or evidence;

(ii) electronic communication

(iii) authenticating the claim, notification, certificate, notice, information or evidence delivered

(iv) making the claim, giving the notification or providing the certificate, notice, information or evidence

(b) the form approved by the Secretary of State for Work and Pensions in which the claim, notification, certificate, notice, information or evidence is to be sent.

Electronic Signatures

4. For the purposes of regulation 1(6) of the Jobseeker’s Allowance Regulations 1996, any requirement to provide a signed declaration pursuant to regulation 24(6) of those Regulations may be satisfied by means of an electronic signature provided that the person uses a method established for that purpose by the Secretary of State for Work and Pensions^{[footnote 5]}.

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

Chris Grayling

Minister of State

Department for Work and Pensions

16 June 2011

1. S.I. 1987/1968. ↩

2. S.I. 1996/207. Regulation 1(6) was inserted by article 3 of S.I. 2001/1498. ↩

3. Regulation 4ZC was inserted by S.I. 2003/2800 and was amended by S.I. 2005/3321 and S.I. 2011/1498. ↩

4. Schedule 9ZC was inserted by S.I. 2003/2800 and amended by S.I. 2005/3321 and S.I. 2001/1498. ↩

5. See regulation 1(6) of the Jobseeker’s Allowance Regulations for the meaning of “electronic signature”. ↩