The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012

[F1 Holding purposes E+W+S

6.— (1) The purposes prescribed under section 131(3) of the 2012 Act [F2 in relation to welfare services [F3 or housing benefit]] as purposes for which relevant information must be held by a qualifying person in order for them to use or supply it as set out in that subsection, are any of the following—

[F4 (a) determining a person’s eligibility or continued eligibility for—

(i) a disabled person’s badge;

(ii) assistance under the healthy start scheme;

(iii) housing support services; or

(iv) local welfare provision;]

(b) determining whether to make to any person any grant or payment listed in regulation 5(2) and if so the amount of any such grant or payment;

(c) determining whether a person applying for or receiving a welfare service listed in regulation 5(3) is liable to contribute towards the cost of that service and if so the amount of that contribution;

[F5 (d) where the qualifying person is a local authority in England, a person providing services to a local authority in England relating to a troubled families programme, or a person who falls within regulation 10(1)(b)—

(i) identifying households eligible for support under a troubled families programme;

(ii) providing appropriate types of advice, support and assistance to members of such households under such programmes; and

(iii) monitoring and evaluating such programmes;]

(e) discharging any functions under Part 7 of the Housing Act 1996 M1 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987 M2 ;

(f) determining whether a person is in receipt of housing benefit;

(g) determining the size of a dwelling occupied by a [F6 person in receipt of a relevant social security benefit] and the number of persons occupying that dwelling as their home;

(h) identifying [F7 persons in receipt of a relevant social security benefit] who are or may be affected by regulations relating to under-occupation, and providing appropriate types of advice, support and assistance to such persons;

(i) identifying [F7 persons in receipt of a relevant social security benefit] who are or may be affected by the benefit cap, and providing appropriate types of advice, support and assistance to such persons;

(j) determining the amount of housing benefit payable to a housing benefit claimant by reference to the local housing allowance;

F8 (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(l) determining whether a [F6 person in receipt of a relevant social security benefit] is likely to have difficulty in managing their financial affairs;

(m) determining the probability that a housing benefit claimant will pay their rent;

(n) determining whether the landlord of a housing benefit claimant—

(i) was to provide qualifying welfare services to that housing benefit claimant but has not done so, or

(ii) is to provide qualifying welfare services to that housing benefit claimant but is unlikely to do so;

(o) determining whether—

(i) the landlord of a housing benefit claimant is a social landlord,

(ii) a housing benefit claimant occupies as their home a dwelling which is exempt accommodation,

(iii) the tenancy of a housing benefit claimant is an excluded tenancy,

(iv) a housing benefit claimant occupies as their home a houseboat, caravan or mobile home, or

(v) a housing benefit claimant resides in a hostel.

[F9 (p) identifying the amount of housing costs included in an award of universal credit by reference to the local housing allowance.]

[F10 (q) where the qualifying person is listed in regulation 10(1)(e)—

(i) providing advice, assistance or support to a universal credit claimant under a universal support initiative; and

(ii) monitoring and evaluating the provision of such advice, assistance or support.] 

[F11 (r) where the qualifying person is Careers Wales—

(i) identifying persons in Wales aged 18 or over but under 25 who are not in employment and not receiving either education or training;

(ii) providing advice, assistance and support to such persons;

(iii) monitoring and evaluating the provision of such advice, assistance and support.]

(2) In this regulation—

(a) “excluded tenancy” means a tenancy of a type falling within any of paragraphs 4 to 11 of Schedule 2 to the Housing Benefit Regulations or paragraphs 4 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations, as the case may require;

(b) “exempt accommodation” has the meaning given in paragraph 4(10) of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 M3 (transitional and savings provision);

(c) “hostel” has the meaning given in regulation 2(1) of the Housing Benefit Regulations or regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations, as the case may require;

(d) “local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;

(e) “Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 M4 or (in Scotland) the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 M5 ;]

Textual Amendments

F1 Reg. 2A inserted (15.11.2017) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2017 (S.I. 2017/1016), regs. 1, 2(2)(b)

F2 Words in reg. 6(1) inserted (11.2.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2013 (S.I. 2013/41), regs. 1, 2(4)

F3 Words in reg. 6(1) inserted (8.11.2021) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2021 (S.I. 2021/1129), regs. 1(1), 2(3)

F4 Reg. 6(1)(a) substituted (1.4.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013 (S.I. 2013/454), regs. 1(2), 3(4)(a)

F5 Reg. 6(1)(d) substituted (1.4.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013 (S.I. 2013/454), regs. 1(2), 3(4)(b)

F6 Words in reg. 6(1)(g)(l) substituted (1.4.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013 (S.I. 2013/454), regs. 1(2), 3(4)(c)

F7 Words in reg. 6(1)(h)(i) substituted (1.4.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013 (S.I. 2013/454), regs. 1(2), 3(4)(d)

F8 Reg. 6(1)(k) revoked (1.4.2013) by The Council Tax Benefit Abolition (Consequential Provision) Regulations 2013 (S.I. 2013/458), reg. 1, Sch. 1

F9 Reg. 6(1)(p) added (1.4.2013) by The Social Security (Information-sharing in relation to Welfare Services etc.) Amendment and Prescribed Bodies Regulations 2013 (S.I. 2013/454), regs. 1(2), 3(4)(e)

F10 Reg. 6(1)(q) inserted (13.2.2015) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2015 (S.I. 2015/46), regs. 1, 2(4)

F11 Reg. 6(1)(r) inserted (15.11.2017) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2017 (S.I. 2017/1016), regs. 1, 2(4)

Marginal Citations

M1 1996 c.52.

M2 1987 c.26.

M3 S.I. 2006/217. Paragraph 4 is substituted by S.I. 2007/2870.

M4 S.I. 1997/1984. Schedule 3B is inserted by article 4 of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871) and amended by S.I. 2008/3156, 2009/2459 and 2010/2836.

M5 S.I 1997/1995. Schedule 3B is inserted by article 13 of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871) and amended by S.I. 2008/3156, 2009/2459 and 2010/2836.