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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Housing Benefit (Electronic Communications) Order (Northern Ireland) 2006 No. 463 URL: http://www.bailii.org/nie/legis/num_reg/2006/20060463.html |
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| Made | 21st November 2006 | ||
| Coming into operation | 20th December 2006 |
(3) After regulation 81 (time and manner in which claims are to be made) insert—
(4) After regulation 84 (duty to notify change of circumstances) insert—
(5) After Schedule 10 (matters to be included in decision notice) add as Schedule 11 the Schedule set out in the Schedule to this Order.
Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
3.
—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[3] shall be amended in accordance with paragraphs (2) to (5).
(2) In regulation 2(1) (interpretation)—
(3) After regulation 62 (time and manner in which claims are to be made) insert—
(4) After regulation 65 (duty to notify change of circumstances) insert—
(5) After Schedule 9 (matters to be included in decision notice) add as Schedule 10 the Schedule set out in the Schedule to this Order.
Sealed with the Official Seal of the Department for Social Development on
21st November 2006
L.S.
John O'Neill
A senior officer of the Department for Social Development
(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.
(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the relevant authority.
(7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.
(8) In this paragraph "approved" means approved by means of a direction given by the relevant authority for the purposes of this Schedule.
Use of intermediaries
3.
The relevant authority may use intermediaries in connection with—
and may require other persons to use intermediaries in connection with those matters.
Effect of delivering information by means of electronic communication
4.
—(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—
are satisfied.
(2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identity of sender or recipient of information
5.
If it is necessary to prove, for the purpose of any legal proceedings, the identity of—
the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.
Proof of delivery of information
6.
—(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—
(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.
(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.
Proof of content of information
7.
If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system."
