SCHEDULES
SCHEDULE 6Northern Ireland: information about financial resources
Obtaining information
1
1
The relevant authority may make an information request to—
a
the Secretary of State,
b
a relevant Northern Ireland Department, or
c
the Commissioners for Her Majesty's Revenue and Customs (“the Commissioners”).
2
An information request may be made under this paragraph only for the purposes of facilitating a determination about an individual's financial resources for the purposes of —
a
the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I. 1981/228 (N.I. 8)), or
b
the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/435) (N.I. 10)).
3
An information request made to the Secretary of State or a relevant Northern Ireland Department under this paragraph may request the disclosure of some or all of the following information—
a
a relevant individual's full name and any previous names;
b
a relevant individual's address and any previous addresses;
c
a relevant individual's date of birth;
d
a relevant individual's national insurance number;
e
a relevant individual's benefit status at a time specified in the request;
f
information of a prescribed description.
4
An information request made to the Commissioners under this paragraph may request the disclosure of some or all of the following information—
a
whether or not a relevant individual is employed or was employed at a time specified in the request;
b
the name and address of the employer;
c
whether or not a relevant individual is carrying on a business, trade or profession or was doing so at a time specified in the request;
d
the name under which it is or was carried on;
e
the address of any premises used for the purposes of carrying it on;
f
a relevant individual's national insurance number;
g
a relevant individual's benefit status at a time specified in the request;
h
information of a prescribed description.
5
The information that may be prescribed under sub-paragraphs (3)(f) and (4)(h) includes, in particular, information relating to—
a
prescribed income of a relevant individual for a prescribed period, and
b
prescribed capital of a relevant individual.
6
Information may not be prescribed under sub-paragraph (4)(h) without the Commissioners' consent.
7
The Secretary of State, the relevant Northern Ireland Departments and the Commissioners may disclose to the relevant authority information specified in an information request made under this paragraph.
8
In this paragraph—
“benefit status”, in relation to an individual, means whether or not the individual is in receipt of a prescribed benefit or benefits and, if so—
- a
which benefit or benefits the individual is receiving,
- b
whether the individual is entitled to the benefit or benefits alone or jointly,
- c
in prescribed cases, the amount the individual is receiving by way of the benefit (or each of the benefits) (“the benefit amount”), and
- d
in prescribed cases, where the benefit consists of a number of elements, what those elements are and the amount included in respect of each element in calculating the benefit amount;
- a
“financial resources”, in relation to an individual, includes an individual's means, disposable income and disposable capital;
“the relevant authority” means—
- a
a prescribed person, or
- b
in relation to circumstances for which no person is prescribed, the chief executive of the Northern Ireland Legal Services Commission;
- a
“a relevant individual”, in relation to an information request under this paragraph for the purposes of a determination about an individual's financial resources, means—
- a
that individual, and
- b
any other individual whose financial resources are or may be relevant for the purposes of the determination;
- a
“relevant Northern Ireland Department” means the Department for Social Development in Northern Ireland or the Department of Finance and Personnel in Northern Ireland.