Welfare Reform Act 2012

131 Information-sharing in relation to welfare services etc E+W+S

(1) The Secretary of State, or a person providing services to the Secretary of State, may supply relevant information to a qualifying person for prescribed purposes relating to welfare services or council tax.

(2) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services may supply that information to—

(a) the Secretary of State, or

(b) a person providing services to the Secretary of State,

for a prescribed purpose relating to a relevant social security benefit.

(3) A qualifying person who holds relevant information for a prescribed purpose relating to welfare services, council tax or housing benefit may—

(a) use the information for another prescribed purpose relating to welfare services, council tax or housing benefit;

(b) supply it to another qualifying person for use in relation to the same or another prescribed purpose relating to welfare services, council tax or housing benefit.

(4) Relevant information supplied under subsection (1) or (3) to a qualifying person may be supplied by that person to a person who provides qualifying welfare services for purposes connected with the provision of those services.

(5) In subsection (4) services are qualifying welfare services if—

(a) a local authority, or

(b) a person who is a qualifying person by virtue of subsection (11) (g),

contributes or will contribute to the expenditure incurred in their provision.

(6) The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Welsh body.

(7) In subsection (6)—

(a) excepted information is information held by the Welsh body that—

(i) is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and

(ii) is held only for an excepted purpose;

(b) an excepted purpose is a purpose relating to a matter provision for which—

(i) is within the legislative competence of the National Assembly for Wales, or

(ii) is made by the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Assembly Government.

(8) The Secretary of State may not exercise the power in subsection (3) to prescribe purposes for which information may be supplied by a qualifying person so as to prescribe an excepted purpose in relation to excepted information held by a Scottish body.

(9) In subsection (8)—

(a) excepted information is information held by the Scottish body that—

(i) is not supplied by, or derived from information supplied to another person by, the Secretary of State or a person providing services to the Secretary of State or a person engaged in the administration of housing benefit, and

(ii) is held only for an excepted purpose;

(b) an excepted purpose is a purpose relating to a matter provision for which is within the legislative competence of the Scottish Parliament.

(10) Subsections (1) to (4) do not apply in a case where the supply or use of information is authorised by section 130.

(11) In this section “qualifying person“ means—

(a) a local authority;

(b) a person authorised to exercise any function of such an authority relating to welfare services or council tax;

(c) a person providing services to a local authority relating to welfare services or council tax;

(d) an authority which administers housing benefit;

(e) a person authorised to exercise any function of such an authority relating to housing benefit;

(f) a person providing to such an authority services relating to housing benefit; or

(g) a person prescribed or of a description prescribed by the Secretary of State.

(12) In this section—

• “council tax” includes any local tax to fund local authority expenditure;

• “person engaged in the administration of housing benefit” means—

  (a)

  an authority which administers housing benefit,

  (b)

  a person authorised to exercise any function of such an authority relating to housing benefit, or

  (c)

  a person providing to such an authority services relating to housing benefit;

• “relevant information” means information relating to—

  (a)

  any relevant social security benefit, or

  (b)

  welfare services;

• “relevant social security benefit” [F1 means—

  (a)

  a relevant social security benefit as defined in section 121DA(7) of the Social Security Administration Act 1992, or

  (b)

  a loan under section 18 of the Welfare Reform and Work Act 2016 (loans for mortgage interest etc);]

• “Scottish body” means—

  (a)

  a local authority in Scotland,

  (b)

  a person authorised to exercise any function of such an authority relating to welfare services,

  (c)

  a person providing to a local authority in Scotland services relating to welfare services, or

  (d)

  a person prescribed or of a description prescribed by the Secretary of State;

• “welfare services” includes services which provide accommodation, support, assistance, advice or counselling to individuals with particular needs, and for these purposes “assistance” includes assistance by means of a grant or loan or the provision of goods or services;

• “Welsh body” means—

  (a)

  a local authority in Wales,

  (b)

  a person authorised to exercise any function of such an authority relating to welfare services,

  (c)

  a person providing to a local authority in Wales services relating to welfare services, or

  (d)

  a person prescribed or of a description prescribed by the Secretary of State.

Textual Amendments

F1 Words in s. 131(12) substituted (27.7.2017) by Welfare Reform and Work Act 2016 (c. 7), ss. 20(10), 36(6); S.I. 2017/802, reg. 2

Commencement Information

I1 S. 131 in force at 20.3.2012 for specified purposes by S.I. 2012/863, art. 2(1)(g)

I2 S. 131 in force at 8.5.2012 in so far as not already in force by S.I. 2012/863, art. 2(3)(e)