18th June 2007
17.This section defines key expressions used in section 1: “social security information” “war pensions information” and “visual impairment information”. It provides power for the Secretary of State to specify, by order, the precise kinds of social security, war pensions and visual impairment information that can be supplied under section 1. Such orders will be made by the Secretary of State for Culture, Media and Sport.
18.Those expressions are defined as follows—
“Social security information” is information of a description specified by order which is held by (or on behalf of) the Secretary of State or DSDNI and obtained as a result of, or for the purposes of, the exercise of functions in relation to social security.
“War pensions information” is information of a description specified by order which is held by (or on behalf of) the Secretary of State and obtained as a result of, or for the purposes of, the exercise of functions in relation to war pensions (see below).
“Visual impairment information” is information of a description specified by order about persons who are blind or partially sighted contained in a register maintained—
in England or Wales or Scotland, by or on behalf of a local authority (as defined in section 5(1)), or
in Northern Ireland, by or on behalf of a Health and Social Services Board.
19.“Social security” would, as in other statutes, encompass a range of benefits including state retirement pensions, income support, pension credit, income-based jobseeker’s allowance, disability living allowance and attendance allowance. Child support is not included.
20.“War pension” refers to a pension or other benefit for or in respect of a person who has died or been disabled in consequence of service as a member of the armed forces, and certain other pensions and benefits. See the definition given in section 25 of the Social Security Act 1989, which applies in the Act by virtue of section 2(3).
21.Thus, this Act does not permit the supply of all social security, war pensions or visual impairment information, but only of those descriptions of such information as have been prescribed by order under subsection (2), (3) or (4).It is envisaged that this may include—
their name, and any alias by which they may be known, address and date of birth;
their National Insurance number;
whether they live in a residential care or nursing home (so helping to ensure that the right kinds of help are available in residential care and nursing home settings);
details of any person appointed to act on their behalf (to allow such people to be contacted to alert them to the availability of help);
whether they are entitled to help free of charge;
in the case of visual impairment information, preferred means of communication - for example by large print, braille, or tape;
the fact that they have died, where that is the case.
22.Orders are to be made by statutory instrument and will be subject to the negative resolution procedure, that is to say, they can be annulled by a resolution passed in either House of Parliament: see subsections (5) and (6).