My Lords, I am happy to do so.
In that case, accepting Amendment No. 85 would mean that regulations made under new Section 7B(2) would be subject to the affirmative parliamentary procedure. I have mentioned previously some of the aspects of this clause that relate to how information that is shared between relevant authorities may be used. Section 7B(2) is concerned with the processes that should be followed when certain information is received by a relevant authority from a different relevant authority.
The draft regulations available to the House show how the Government propose to exercise the powers in subsection (2) of the new Section 7B. Briefly, the draft provides that if information has been used in relation to a claim to benefit by one relevant authority—a local authority administering housing benefit or the DWP, or has been verified by a relevant authority, including English county councils—a subsequent relevant authority that receives this information must, subject to certain safeguards, use it in connection with a claim for an award of benefit that it administers without carrying out further checks as to its accuracy.
The intention is to ensure that if a customer has submitted information or evidence to one relevant authority, he should not have to submit the same information again to another relevant authority. This will improve the service to customers in making claims to benefit and will improve administrative efficiency.
Making these regulations subject to the affirmative procedure would mean that new Section 7B(2) of the Social Security Administration Act 1992 would be out of line with existing Section 7A—inserted by the Welfare Reform and Pensions Act 1999. Section 7A allows for regulations to be made setting out the processes that are to be followed by, for example, a local authority which receives a claim for state pension credit. The negative procedure applies there. The Government's view is that it would be rather excessive for the regulations under new Section 7B, which are about how local authorities process claims, to attract the affirmative procedure. Certainly, this appeared to be the view of the Delegated Powers and Regulatory Reform Committee, which made no recommendation in respect of this particular provision in Clause 40. I urge the noble Lord to withdraw the amendment.
Welfare Reform Bill
Proceeding contribution from
Baroness Morgan of Drefelin
(Labour)
in the House of Lords on Monday, 19 March 2007.
It occurred during Debate on bills on Welfare Reform Bill.
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690 c1125 Session
2006-07Chamber / Committee
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