Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002

JurisdictionUK Non-devolved
CitationSI 2002/1888
Year2002

2002 No. 1888

CONTRACTING OUT

SOCIAL SECURITY

The Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002

Made 18th July 2002

Coming into force 25th July 2002

Whereas the Secretary of State for Work and Pensions has consulted in the case of local authorities in England and Wales such representatives of local government and, in the case of local authorities in Scotland such associations of local authorities as he considers appropriate, pursuant to section 70(3) of the Deregulation and Contracting Out Act 19941;

And whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament pursuant to section 77(2) of that Act;

Now therefore, the Secretary of State for Work and Pensions, in exercise of the powers conferred by sections 69, 70(2) and (4) and 77(1) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002 and shall come into force on the seventh day after the day on which it is made.

S-2 Interpretation

Interpretation

2. In this Order—

“the Administration Act” means the Social Security Administration Act 19922;

“the Benefits Act” means the Social Security Contributions and Benefits Act 19923;

“council tax benefit” means the benefit to which section 123(1)(e) of the Benefits Act refers4;

“decisions on claims” means any decisions in relation to those benefits or payments referred to in article 3(1) that fall to be made under or by virtue of—

(a) the Administration Act;

(b) the Benefits Act;

(c) section 34 of the Social Security Act 19985; and

(d) the Child Support, Pensions and Social Security Act 20006

and any Regulations and Orders made under those provisions for the time being in force and, for the purposes of this Order, references to decisions include references to any determinations embodied in, or necessary to, a decision;

“discretionary housing payment” means any payment made by virtue of regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;

“housing benefit” means the benefit to which section 123(1)(d) of the Benefits Act refers;

“local authority” means a billing authority, housing authority or local authority as they are defined in section 191 of the Administration Act7;

“subsidy” means rent rebate subsidy, rent allowance subsidy or council tax benefit subsidy as referred to in section 140A(2)8of the Administration Act or any grant made under section 70 of the Child Support, Pensions and Social Security Act 2000 (grants towards costs of discretionary housing payments).

S-3 Functions which may be contracted out

Functions which may be contracted out

3.—(1) In so far as it is not already lawful for functions of a local authority in relation to council tax benefit, discretionary housing payments and housing benefit under the provisions of—

(a)

(a) the Benefits Act,

(b)

(b) the Administration Act,

(c)

(c) section 34 of the Social Security Act 1998, and

(d)

(d) the Child Support, Pensions and Social Security Act 2000,

and any Regulations and Orders made under those provisions for the time being in force, to be exercised by, or by employees of, such a person (if any) authorised to do so by that authority, any such function of an authority under those provisions (not being a function excluded from section 70 of the Deregulation and Contracting Out Act 1994 by section 71(1) of that Act), other than a function specified in paragraph (2), may, if and in so far as that authority may authorise, be so exercised.

(2) The functions referred to in paragraph (1) are—

(a)

(a) any function relating to the claiming and receipt of subsidy;

(b)

(b) the issue of a certificate under section 116(3)(b) of the Administration Act (as to the date on which evidence sufficient to justify prosecution came to the local authority’s knowledge);

(c)

(c) the grant or withdrawal of authorisations under section 110A(3) to (7)9of the Administration Act (to exercise the powers of inspection);

(d)

(d) the function of requiring a person to enter into arrangements under section 110AA10of the Administration Act (to allow access to electronic records); and

(e)

(e) any function under sections 139D to 139H of the Administration Act11(directions by the Secretary of State).

S-4 Checking requirement attaching to the...

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