Social Welfare and Pensions Act 2012

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Provision of information for the purpose of establishing identity.

15.— (1) Section 241 of the Principal Act is amended—

(a) in subsection (1) by substituting the following for “that he or she makes a claim for that benefit in the prescribed manner”:

“that he or she—

(a) makes a claim for that benefit in the prescribed manner, and

(b) satisfies the Minister as to his or her identity.”,

and

(b) by inserting the following subsections after subsection (1B) (amended by section 12 of the Social Welfare and Pensions Act 2011 ):

“(1C) For the purposes of satisfying himself or herself as to the identity of a person who makes a claim for benefit, the Minister may, without prejudice to any other method of authenticating the identity of that person, request that person—

(a) to attend at an office of the Minister or such other place as the Minister may designate as appropriate,

(b) to provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person,

(c) to allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person, and

(d) to provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.

(1D) The Minister shall retain in electronic form—

(a) any photograph or other record of an image of a person taken pursuant to subsection (1C)(c), and

(b) any signature provided pursuant to subsection (1C)(d),

in such manner that allows such photograph, other record or signature to be reproduced by electronic means.”.

(2) Section 262 of the Principal Act is amended—

(a) in subsection (2), by inserting “, subject to subsection (2A),” after “The Minister may”, and

(b) by inserting the following subsection after subsection (2):

“(2A) The Minister shall not allocate and issue a personal public service number to a person unless the Minister is satisfied as to the identity of the person to whom such number is to be allocated and issued.”.

(3) Section 263 of the Principal Act is amended—

(a) in subsection (1) (amended by section 9 of the Social Welfare and Pensions Act 2010 ), by inserting “, subject to subsection (1C),” after “The Minister may”, and

(b) by inserting the following subsection after subsection (1B) (inserted by section 9 of the Social Welfare and Pensions Act 2010 ):

“(1C) The Minister shall not issue a public services card to a person unless the Minister is satisfied as to the identity of the person to whom such card is to be issued.”.

(4) The Principal Act is amended by inserting the following section after section 263A (inserted by section 15 of the Social Welfare and Pensions Act 2011 ):

“Authentication of identity.

263B.— (1) For the purposes of satisfying himself or herself as to the identity of a person in respect of whom a personal public service number is to be allocated and issued under section 262, or in respect of whom a public services card is to be issued under section 263, the Minister may, without prejudice to any other method of authenticating the identity of that person, request that person—

(a) to attend at an office of the Minister or such other place as the Minister may designate as appropriate,

(b) to provide to the Minister, at that office or other designated place, such information and to produce any document to the Minister as the Minister may reasonably require for the purposes of authenticating the identity of that person,

(c) to allow a photograph or other record of an image of that person to be taken, at that office or other designated place, in electronic form, for the purposes of the authentication, by the Minister, at any time, of the identity of that person, and

(d) to provide, at that office or other designated place, a sample of his or her signature in electronic form for the purposes of the authentication, by the Minister, at any time, of the identity of that person.

(2) The Minister shall retain in electronic form—

(a) any photograph or other record of an image of a person taken pursuant to subsection (1)(c), and

(b) any signature provided pursuant to subsection (1)(d),

in such manner that allows such photograph, other record or signature to be reproduced by electronic means.”.