Explanatory note

These Regulations, made under sections 131 to 133 of the Welfare Reform Act 2012 (“the 2012 Act”), prescribe the extent of information-sharing which is permitted under those sections for purposes relating to entitlement, based on receipt of a relevant social security benefit, to health service benefits such as exemptions from National Health Service charges, free sight tests, and payments or vouchers towards expenses or appliances – and to related enforcement action.

Regulations 1 and 2 contain general provisions including definitions in regulation 2.

Section 131(1) of the 2012 Act allows the Secretary of State for Work and Pensions (or a person providing services to the Secretary of State for Work and Pensions) to supply relevant information relating to certain social security benefits or welfare services to a “qualifying person” (defined in section 131(11)(g)).

Regulation 3 prescribes additional persons who are “qualifying persons” to whom the Secretary of State for Work and Pensions (or a person providing services to the Secretary of State for Work and Pensions) may supply information. Regulations 4 to 7 prescribe the purposes for which such information may be supplied.

Section 131(3) of the 2012 Act allows a qualifying person who holds information of this kind for a prescribed purpose to use that information, or supply it to another qualifying person for use in relation to a prescribed purpose. Regulations 4 to 7 also prescribe the purposes for which relevant information must be held by a qualifying person in order for them to use or supply it for functions prescribed in regulations 4 to 7. All of these relate to receiving a relevant social security benefit.

Regulation 4 permits the use and supply of relevant information for purposes connected with remission of a prescription charge payable under the National Health Service (Charges for Drugs and Appliances) Regulations 2000 (S.I. 2000/620, as amended). Regulation 5 permits the use and supply of relevant information for purposes connected with entitlement to payment in full or in part of NHS travel expenses under the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (S.I. 2003/2382, as amended). Regulation 6 permits the use and supply of relevant information for purposes connected with remission of a relevant dental charge payable under the National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477, as amended). Regulation 7 permits the use and supply of relevant information for purposes connected with free sight tests under the Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186, as amended); the supply of glasses or contact lenses under the National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461, as amended); the supply or repair of an optical appliance under the National Health Service (Charges for Appliances) Regulations 1974 (S.I. 1974/284, as amended); or vouchers for sight tests under the National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461, as amended).

Regulation 8 applies to qualifying persons (apart from the Secretary of State for Health) and persons associated with them the provisions of section 132 of the 2012 Act, which make it an offence to disclose without lawful authority personal information obtained by virtue of section 131(1),(3) or (4) of the 2012 Act.

Regulation 9 allows qualifying persons (and persons providing services to qualifying persons) to disclose personal data to the Secretary of State for Work and Pensions (or a person providing services to the Secretary of State for Work and Pensions) for any purpose connected with the purposes set out in regulations 4 to 7.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.