THE SOCIAL SECURITY (ELECTRONIC COMMUNICATIONS) ORDER 2011
2011 No. 1498 (click here for full Statutory Instrument)
 

EXPLANATORY MEMORANDUM TO
THE SOCIAL SECURITY (ELECTRONIC COMMUNICATIONS) ORDER 2011
2011 No. 1498

1. This explanatory memorandum has been prepared by the Department for Work
and Pensions (DWP) and is laid before Parliament by Command of Her Majesty.

2.  Purpose of the instrument

The purpose of this Order is to facilitate the use of electronic communications
and electronic storage in connection with claims for, and awards of, Jobseeker’s
Allowance (JSA) and awards of Income Support (IS), Employment and Support
Allowance (ESA), Disability Living Allowance (DLA) and Attendance
Allowance (AA).

3. Matters of special interest to the Joint Committee on Statutory Instruments      
 

None.

4. Legislative background

4.1 DWP is improving its customer service delivery by increasing access to its
services through self-serve online channels. As part of this, Jobcentre Plus is
introducing a secure, automated service via the internet for people to transact
online.

4.2 Provisions in social security legislation sometimes require the use of paper-
based documents or communications (or might be interpreted as requiring this.)
This Order is made to enable existing requirements that something be done in
writing to be discharged by electronic means. In particular, it enables:-

• a jobseeker’s agreement (and any variation) to be in an electronic form as
well as in hard copy and signed by means of an electronic signature;

• a written claim for JSA to made by electronic means;

• JSA claimants to provide a signed declaration that they meet the conditions
of entitlement by means of an electronic signature;  

• notices, including notification of a change in a person’s circumstances, to be
given by means of an electronic communication in connection with claims
for, and awards of, JSA and awards of IS, ESA, DLA and AA.

4.3 This Order is enabling rather than mandatory. Electronic communications are
being introduced to complement existing channels. Those who do not wish, or
do not have the means, to communicate electronically will still be able to use
existing postal, face to face and telephony channels. Existing claimants will be
invited to switch to the new service if they wish to do so. When the service is
fully implemented, new claimants will be able to access it via the DirectGov
website and will be encouraged to do so.   
                                                                                             
5. Territorial extent and application

 This instrument applies to Great Britain.  

6. European Convention on Human Rights (ECHR)

 The Minister of State for Employment, the Rt Hon Chris Grayling MP, has made
the following statement regarding Human Rights:

“In my view the provisions of the Social Security (Electronic Communications)
Order 2011 are compatible with the Convention rights.”

7. Policy background  

 What is being done and why

 
7.1 Part of DWP’s business strategy is to improve customer service, increase
efficiency and enhance Departmental capability. Automation of JSA (combined
with the additional online services referred to above for IS, ESA, DLA and AA)
will deliver the next stage of this strategy by:

• maximising efficiency through automation (with human intervention only
when it’s necessary and where it adds value);

• improving customer service by maximising online opportunities so people
can access services when it’s convenient for them, and reducing requests for
information already held – people will be able to confirm or amend details
when they need to through their account;

• reducing the amount of paper used;

• providing a basis for automation of other benefits in the future.

7.2 Automated processing and online self-service is the most efficient way of
delivering benefits and associated services. It also popular with customers and
research¹ shows that:

• the current system (for JSA) is perceived to be complex so claimants
welcome the concept of automated, online services;

• many claimants are conversant with using the internet and welcome the
benefits (convenience, more control etc.) of doing business with the
Department online;

• claimants welcome the fact that automated online services will enable them
to spend more time on searching for a job, and the Department has separate
plans to put more of its labour market services online.

7.3 DWP is committed to reducing the amount of paper it uses. The new service will
increase automation and online facilities that will result in a substantial
reduction in the use of paper to convey information, to manage work and to
communicate with claimants who use it.
                                           
¹A summary of the findings will be published in the Equality Impact Assessment that will accompany the
Order.
                                                                                             
7.4 In addition, computer hardware and software which will capture digital
signatures will be introduced by Jobcentre Plus to replace paper- based forms
which currently require a ‘wet’ signature. This technology will help reduce
paper, prevent errors and reduce fraud.

7.5 The new online service will be secure so that that people can use it with
confidence. The system will have an approved authentication process that will
confirm the claimant’s identity and safeguard data when people make a claim
and subsequently access their account to view or amend information.     

Consolidation

7.6 Informal consolidation will be included in due course in the Department’s ‘the
Law Relating to Social Security’ (the Blue Volumes) which are available on the
internet at no cost to the public at:

www.dwp.gov.uk/publications/specialist-guides/law-volumes/.

8. Consultation outcome  

8.1 No consultation has taken place specifically in relation to this instrument. The
Order does not change substantive requirements in benefits legislation, rather it
enables people to choose to use an electronic communication as an alternative to
paper based forms.   

8.2 However, the Department consulted organisations through the Jobcentre Plus
Customer Representative Group Forum about its plans for automated service
delivery. This comprises organisations that represent the interests of Jobcentre
Plus claimants (for example, Citizens Advice, welfare rights, and disability
organisations). The proposals were presented to the Forum on 4th November
2010 and were unanimously supported by delegates.

8.3 In addition, presentations have been made at the Welsh, English and National
Forums with regards to the new online facilities for IS, ESA, DLA and AA.
Similarly, these forums were attended by customer representative groups and
have strongly supported the progression of the new update service.

8.4 Departmental officials presented the proposals to the Social Security Advisory
Committee (SSAC) on 2nd February 2011 on an informal basis (there being no
statutory requirement to refer the proposals to it). The main focus of discussions
were around potential take up of the online service, system security and plans
for implementation.          

9. Guidance

9.1 All guidance currently used by staff for the administration of the relevant
benefits is being reviewed and updated to reflect the additional procedures that
need to be followed when the new service is introduced. Training and
implementation plans are also in place to ensure a smooth introduction of the
new processes.

10. Impact      

10.1 This instrument has no impact on business or civil society organisations.

10.2 The impact on the public sector of this instrument is negligible as it is purely
enabling.

10.3   A full impact assessment (regulatory) has not been published for this instrument.

11. Regulating small business

 The instrument does not apply to small business.

12. Monitoring and review

12.1 The Department’s aim is that 80% of all claimant transactions for JSA will be
done online by 2013. This is published in the Departmental Business Plan (that
can be found on the DWP and Number 10 websites) that is reviewed and
reported against monthly. The websites are accessible to the public free of
charge at:

www.dwp.gov.uk/docs/dwp-business-plan-2011-2015.pdf
www.number10.gov.uk/wp-content/uploads/DWP-Business-Plan.pdf

12.2 The forecasted targets for the new online update service for IS, ESA, DLA and
AA are included within the DWP Change Programme Business Case. This
makes it clear how aims and objectives will be monitored and reviewed and
there a number of sources of information that will be used to do this (such as
operational performance data and customer insight). A Departmental committee
- the Benefits Realisation Optimisation Board, will be responsible for
monitoring the delivery of these Change Programme benefits.

13. Contact    

13.1 For additional information please contact Stuart Walton at DWP: telephone
0113 2324117, or by e-mail at stuart.walton@jobcentreplus.gsi.gov.uk.