The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations (Northern Ireland) 2016

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the extent of information-sharing which is permitted under Articles 120 to 123 of the Welfare Reform (Northern Ireland) Order 2015 (“the 2015 Order”).

Part 1 contains general provisions, including interpretation.

Part 2 contains provisions made under powers contained in Article 120 of the 2015 Order (information-sharing in relation to provision of overnight care etc.). Article 120 applies where a relevant body holds certain information, including information as to the provision of overnight care services to an individual, the date when such provision begins or ends or any other information relating to the service provided and how it is funded which may be prescribed in regulations. Regulation 3 prescribes certain categories of information relating to the funding of such overnight care services for these purposes. Article 120 also enables the relevant body to supply such information to certain persons including the Department for Social Development, the Department of Finance and Personnel and the Housing Executive (and certain persons providing services or exercising functions on their behalf), for purposes relating to the payment of a “relevant benefit”. This is defined in Article 120(7) to include universal credit, housing benefit or any prescribed benefit. Regulation 4 prescribes certain other benefits.

Part 3 contains provisions made under powers contained in Articles 121 to 123 of the 2015 Order (information-sharing in relation to welfare services etc.) relating to welfare services:

Article 121(1) allows the Department (or a person providing services to the Department) to supply relevant information relating to certain social security benefits or welfare services (defined in Article 121(7)) to a “qualifying person”. Regulation 5 prescribes the purposes for which such information may be supplied;

Article 121(3) allows a qualifying person who holds information of this kind for a prescribed purpose relating to welfare services, housing benefit or rates to use that information, or supply it to another qualifying person for use in relation to a prescribed purpose. Regulation 6 prescribes the purposes for which relevant information must be held by a qualifying person in order for them to use or supply it for purposes prescribed in regulations 7 and 8. Regulation 7 prescribes purposes for which a qualifying person may use or supply relevant information, including discharging homelessness functions and the application of certain housing benefit provisions. Regulation 8 concerns the use and supply of information by a qualifying person for purposes connected to regulations relating to the under-occupation of a dwelling or the benefit cap.

Where information is held by the Department of Health, Social Services and Public Safety or by a person providing services to them for the purpose of determining eligibility for assistance under the Healthy Start Scheme, Regulation 9 allows for that information to be used by them or shared between them, but only for purposes connected with the Healthy Start Scheme and where any such service provider is providing services to that Department relating to the Healthy Start Scheme.

Where relevant information is held for the purpose of determining eligibility for assistance under discretionary support provision, Regulation 10 allows for such information held by certain qualifying persons (including the Housing Executive, the Department for Social Development and any person providing services to them or exercising functions for them relating to discretionary support provision) to be used by and shared between them for purposes connected with discretionary support provision.

Article 121(7) defines “qualifying person”. Regulation 11 prescribes that, in addition, certain other persons are also to be treated as qualifying persons for certain purposes. This includes a registered housing association, which is to be treated as a qualifying person for the limited purpose of identifying and assisting housing benefit claimants who are or may be affected by regulations relating to the under-occupation of a dwelling or the benefit cap. It also includes the Department of Social Development, which is to be treated as a qualifying person for the purpose of determining eligibility for assistance under discretionary support provision, as is any person providing services to the Department or exercising functions for the Department relating to discretionary support provision. With some limited exceptions, regulation 11 also applies the unlawful disclosure of information provisions of Article 122 to those listed as qualifying persons in paragraph 11(1).

Part 4 contains provisions made under powers contained in Articles 121 to 123 of the 2015 Order (information-sharing in relation to welfare services etc.) relating to rates. Regulations 12 to 14 prescribe the purposes for which relevant information relating to rates and rate relief schemes may be held by, used by or supplied to qualifying persons.

Part 5 contains provisions made under powers contained in Article 121(2) of the 2015 Order (information-sharing in relation to welfare services etc.). Regulation 15 prescribes purposes relating to welfare services for which relevant information must be held by a qualifying person in order for it to be supplied to the Department or another person providing services for them. Regulation 16 prescribes purposes relating to a relevant social security benefit (as defined in Article 121(8) of the 2015 Order) for which such information may be supplied.

An impact assessment has not been produced for this instrument as no negative impact on the private or voluntary sector is foreseen.