Information for Employers

Obtaining information from employers, contractors and the self employed

Occasionally, people who receive Housing Benefits and/or Council Tax Benefits fail to declare that they are working and receiving payment for that work. Under certain circumstances, this may be a criminal offence which we need to investigate. Once we have identified that there is undeclared work, we seek to obtain information to confirm the place of employment, type of employment and payments received.

If you are asked by Islington Council to provide this type of information, we consider you to be a person who is defined in legislation as being in an employment relationship with the person about whom we are seeking that information.

What information is required?

The type of information we may request from includes:

• Names of Employees
• Wage Details
• Period of Employment
• Conditioned Hours
• Terms of Employment (i.e. whether an employee sub contractor or self employed).
• Bank Details
• Staff / Payroll number
• National Insurance number
• Home Address
• Date of Birth

The statutory basis of the Local Authority request

The power to request information is provided under the Social Security Administration Act 1992, sections 109B and 109C. A summary of the powers of Local Authority Authorised Officers may be downloaded from  the link at the foot of this page.

How is the information requested?

Information may be requested in writing or by a visit. If we decide to visit you to obtain information, you will normally be advised in advance of our intention to do so.  This will allow a convenient time for the visit to be arranged. However, there are occasions where, for operational  reasons, advance notification cannot be given. These situations are exceptional.

Who can request the information?

Only Officers of Islington Council specifically authorised by Islington Council’s head of service can request information under the legislation. These designated Officer’s must also be registered with the Secretary of State. They hold a Certificate of Authorisation for this purpose, which will be produced for inspection if you are visited.

Who can accompany an Authorised Officer?

Under the legislation, a Local Authority Authorised Officer may be accompanied by anyone who is considered to be able to assist with the enquiry. In practice, this will be another Local Government officer. However, it could also be a person from another Local Authority or Government Department, such as the Department for Work and Pensions.

What is the Local Authority Authorised Officer's right of entry to places of employment?

We do not have the authority to force entry. Entry is based on your consent.

Can they take documents away?

Where copies of documents are required and cannot be made on your premises, we may wish to do so. But we will only do so with your consent, providing a receipt and returning them as soon as possible.

Will I contravene the Data Protection Act by providing the information requested?

No, you will be exempt from the non-disclosure provisions under section 35(1) of the Data Protection Act 1998.

What happens if I refuse to provide the information?

A refusal may be considered to be an intentional obstruction of our enquiries. Obstruction is a criminal offence under section 111 of the Social Security Administration Act 1992, for which legal action may be initiated.

Failure to meet in full requests for information could result in criminal proceedings being instigated. The maximum penalty is a fine, fixed at level 3, currently set at £1,000, with a continuing penalty of £40 per day (under section 111(2) of the Social Security Administration Act 1992).

If you require more information :

This information is based on the Department of Work and Pensions Code of Practice (includes Local Authorities within its remit) on obtaining information from Employers, Contractors and the Self-employed. You may download a copy of the full Code of Practice from the link at the foot of this page. If Information was sought by a visit, Local Authority Officers will carry copies with them for you to see.

If this does not provide the information you require you may request clarification from the council's Benefit Security Manager, PO Box 34750, London N7 9EY.