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

PART 2 N.I. INFORMATION-SHARING IN RELATION TO PROVISION OF OVERNIGHT CARE ETC. UNDER ARTICLE 120 OF THE 2015 ORDER

Prescribed information N.I.

3.—(1) The information prescribed under Article 120(2)(c) of the 2015 Order (information-sharing in relation to provision of overnight care etc.) is—

(a) whether a recipient 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 relevant body is funding or has funded in full or in part the cost of the provision to a recipient 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 relevant body to recover the cost of the funding on the sale of the recipient's home and if so, whether that recovery has commenced or when it is intended to commence, and

(v) whether the relevant body has entered into a deferred payment agreement with the recipient with a charge on land and if so the date this commenced and the period the agreement is intended to cover.

(2) In this regulation “deferred payment agreement” means an agreement whereby the recipient grants the relevant body a charge in the relevant body's favour in respect of any land in which the recipient has a beneficial interest (whether legal or equitable) for the purpose of securing payment to the relevant body of residential care provision.

Prescribed benefits N.I.

4.  The benefits prescribed under Article 120(7)(c) of the 2015 Order are—

(a) attendance allowance under section 64 of the Contributions and Benefits Act M1 ;

(b) disability living allowance under section 71 of the Contributions and Benefits Act M2 ;

(c) income-based jobseeker's allowance within the meaning given in Article 3(4) of the Jobseekers (Northern Ireland) Order 1995 M3 ;

(d) income-related employment and support allowance payable in accordance with section 1(2)(b) of the Welfare Reform Act (Northern Ireland) 2007 M4 ;

(e) income support under section 123 of the Contributions and Benefits Act M5 ; F1 ...

(f) state pension credit under section 1 of the State Pension Credit Act (Northern Ireland) 2002 M6 ; [F2 and

(g) personal independence payment under Part 5 of the 2015 Order.]

Textual Amendments

F1 Word in reg. 4(e) omitted (20.6.2016) by virtue of The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 41(a)

F2 Reg. 4(g) and word added (20.6.2016) by The Personal Independence Payment (Supplementary Provisions and Consequential Amendments) Regulations (Northern Ireland) 2016 (S.R. 2016/228), regs. 1, 41(b)

Marginal Citations

M1 Section 64 was amended by Article 63(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))

M2 Section 71 was amended by Article 64(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999

M3 S.I. 1995/2705 (N.I. 15). Article 3(4) was amended by paragraph 3(4)(a) of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999.

M4 2007 c. 2 (N.I.)

M5 Section 123 was amended by paragraph 13(2) to (5) of Schedule 2 and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995, paragraph 26 of Schedule 8 to the Welfare Reform and Pensions (Northern Ireland) Order 1999, paragraph 2 of Schedules 2 and 3 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)), paragraph 96 of Schedule 24 to the Civil Partnership Act 2004 (c. 33), paragraph 3(9) and (10) of Schedule 3 and Schedule 8 to the Welfare Reform Act (Northern Ireland) 2007 and section 3(1) of the Welfare Reform Act (Northern Ireland) 2010 (c. 13 (N.I.))

M6 2002 c. 14 (N.I.)