F1Use of information supplied under regulation 4(1)(d)4B

1

This regulation applies where—

a

in the exercise of their social security functions, the Scottish Ministers know or believe that—

i

the property or financial affairs of a person with whom they have come into contact (“person B”) are at risk,

ii

person B has needs of care and support, and

iii

as a result of those needs, person B is unable to protect themselves against that risk, and

b

the Scottish Ministers consider the supply of information is necessary to—

i

safeguard the property or financial affairs of person B, and

ii

protect person B from harm.

2

The information is to be supplied only with the explicit consent of person B unless paragraph (3) applies.

3

This paragraph applies where—

a

in the circumstances, person B’s consent cannot be given,

b

in the circumstances, the Scottish Ministers cannot reasonably be expected to obtain the consent of person B, or

c

in the circumstances, the Scottish Ministers consider obtaining consent of person B would prejudice the matters mentioned in paragraph (1)(b).

4

In this regulation, “harm” means mental or emotional harm.