Regulation 2 Amendment of the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012

The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012^f1 are amended as follows.

In regulation 2 (interpretation) after the definition of “the Contributions and Benefits Act” insert—

• ““council tax reduction scheme”—

  1. (a)

     in England and Wales, has the meaning given in section 13A(9) of the Local Government Finance Act 1992^f2 and (in England) includes a default scheme within the meaning of paragraph 4 of Schedule 1A to that Act; and

  2. (b)

     in Scotland, means a means-tested reduction to an individual’s council tax liability in accordance with the Council Tax Reduction (Scotland) Regulations 2012^f3 or the Council Tax Reduction (State Pension Credit) (Scotland) Regulations  2012^f4;”.

In the heading to Part 3 omit “etc.”.

In regulations 5(1) (supply of relevant information by the Secretary of State) and 6(1) (holding purposes), after “2012 Act” insert “in relation to welfare services”.

After regulation 11 (excepted matters) add—

“PART 4

INFORMATION-SHARING IN RELATION TO COUNCIL TAX UNDER SECTIONS 131 TO 133 OF THE 2012 ACT

Supply of relevant information by the Secretary of State

12.

The purposes prescribed under section 131(1) of the 2012 Act in relation to council tax (purposes for which the Secretary of State or a person providing services to the Secretary of State may supply relevant information to a qualifying person) are—

(a)

making a council tax reduction scheme;

(b)

determining a person’s entitlement or continued entitlement to a reduction under a council tax reduction scheme.

Holding purposes

13.

The purposes prescribed under section 131(3) of the 2012 Act in relation to council tax 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—

(a)

making a council tax reduction scheme;

(b)

determining a person’s entitlement or continued entitlement to a reduction under a council tax reduction scheme.

Using purposes

14.

(1)

This regulation applies to relevant information held by a qualifying person for any purpose listed in regulation 12.

(2)

The purposes set out in paragraph (3) are prescribed—

(a)

under section 131(3)(a) of the 2012 Act as a purpose for which the information may by used by that qualifying person; and

(b)

subject to regulation 16, under section 131(3)(b) of the 2012 Act as a purpose for use in relation to which the information may be supplied by that qualifying person to another qualifying person.

(3)

The purposes are any purposes connected with—

(a)

making a council tax reduction scheme;

(b)

determining a person’s entitlement or continued entitlement to a reduction under a council tax reduction scheme.

Excepted matters

15.

(1)

Subject to paragraph (2), regulation 14 does not permit relevant information held by a Welsh body or a Scottish body to be supplied by that body to another qualifying person for use in relation to that purpose.

(2)

Paragraph (1) does not apply if the information was supplied by, or is derived from, information supplied to another person by the Secretary of State (or a person providing services to the Secretary of State) or a person engaged in the administration of housing benefit.”.