The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012

PART 2 E+W+S INFORMATION-SHARING IN RELATION TO PROVISION OF OVERNIGHT CARE ETC. UNDER SECTION 130 OF THE 2012 ACT

Prescribed information E+W+S

3.—(1) The information prescribed under section 130(2)(c) of the 2012 Act (information held by a local authority) is—

(a) whether a resident is meeting in full the cost of the provision to them of residential care and if so the date this commenced and the period over which the cost is intended to be met;

(b) whether the local authority is funding or has funded in full or in part the cost of the provision to a resident of residential care and if so—

(i) the date from which the funding commenced and the period covered or intended to be covered by it;

(ii) the date when the funding stopped or is intended to stop;

(iii) the enactment under which the funding is being or was provided;

(iv) whether there exists any agreement enabling the local authority to recover the cost of the funding on the sale of the resident's home and if so, whether that recovery has commenced or when it is intended to commence; and

(v) whether the local authority has entered into a deferred payment agreement with the resident and if so the date this commenced and the period the agreement is intended to cover.

(2) In this regulation—

(a) “deferred payment agreement” has the meaning given in section 55(3) of the Health and Social Care Act 2001 M1 or (in Scotland) section 6(2) of the Community Care and Health (Scotland) Act 2002 M2 ;

(b) “resident” means a recipient of residential care.

Marginal Citations

M1 2001 c. 15.

M2 2002 asp. 5.

Prescribed benefits E+W+S

4.  The benefits prescribed under section 130(7)(d) of the 2012 Act are—

(a) attendance allowance under section 64 of the Contributions and Benefits Act M3 ;

(b) disability living allowance under section 71 of the Contributions and Benefits Act M4

(c) income-based jobseeker's allowance within the meaning given in section 1(4) of the Jobseekers Act 1995 M5 ;

(d) income-related employment and support allowance payable in accordance with section 1(2)(b) of the Welfare Reform Act 2007 M6 ;

(e) income support under section 124 of the Contributions and Benefits Act M7 ; F1 ...

(f) state pension credit under section 1 of the State Pension Credit Act 2002 M8 [F2 ; and

(g) personal independence payment under Part 4 of the 2012 Act.]

Textual Amendments

F1 Word in reg. 4(e) omitted (8.4.2013) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 48(a)

F2 Reg. 4(g) and word inserted (8.4.2013) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations 2013 (S.I. 2013/388), reg. 2, Sch. para. 48(b)

Marginal Citations

M3 Section 64 is amended by section 66(1) of the Welfare Reform & Pensions Act 1999 (c.30).

M4 Section 71 is amended by section 67(1) of the Welfare Reform and Pensions Act 1999.

M5 1995 c.18. The definition is amended by Schedule 7 to the Welfare Reform and Pensions Act 1999.

M6 2007 c.5.

M7 Section 124 is amended by section 41(4) and (5) of, and paragraph 30 of Schedule 2 and Schedule 3, to the Jobseekers Act 1995 (c.18), section 70 of, and paragraph 28 of Part IV of Schedule 8 to, the Welfare Reform and Pensions Act 1999, sections 14 and 21 of, and paragraphs 1, 2(1), (2) and (3) of Part 1 of Schedule 2 and Schedule 3 to, the State Pension Credit Act 2002 (c.16), section 254(1) of, and paragraph 42 of Part 3 of Schedule 24 to, the Civil Partnership Act 2004 (c.33), sections 28(1) and 67 of, and paragraph 9(1), (9) and (10) of Schedule 3 and Schedule 8 to, the Welfare Reform Act 2007 (c.5).

M8 2002 c.16.