Welfare Reform Act (Northern Ireland) 2007

Information relating to certain benefits N.I.

39—(1) Information falling within subsection (3) may be supplied by the person who holds it to a person falling within subsection (4) for purposes connected with the application of grant paid under a relevant statutory provision towards expenditure incurred by the recipient of the grant—

(a) in providing, or contributing to the provision of, welfare services, or

(b) in connection with such welfare services.

(2) Information falling within subsection (3) which is held for a prescribed purpose by a person falling within any of paragraphs (c) to (h) of subsection (4) may be—

(a) used by that person for another prescribed purpose;

(b) provided to another such person for use in relation to the same or another prescribed purpose.

(3) The information is any information which is held by a person falling within subsection (4) relating to—

(a) income support;

(b) income-based jobseeker's allowance;

(c) income-related employment and support allowance;

(d) state pension credit;

(e) housing benefit;

(f) welfare services.

(4) The persons are—

(a) the Department;

(b) a person providing services to the Department;

(c) the Housing Executive or the Department of Finance and Personnel;

(d) a person authorised to exercise any function of the Housing Executive or that Department relating to housing benefit;

(e) a person providing to the Housing Executive or that Department services relating to housing benefit;

(f) a body established by or under a statutory provision to which any grant is or will be paid as mentioned in subsection (1);

(g) a person authorised to exercise any function of such a body relating to the grant;

(h) a person providing to such a body services relating to any such function.

(5) Information which is supplied under subsection (1) to a person or body falling within subsection (4)(f), (g) or (h) may be supplied by the person or body to a person who provides qualifying welfare services for purposes connected with the provision of those services.

(6) A person provides qualifying welfare services if—

(a) he provides welfare services,

(b) a body established by or under a statutory provision contributes or will contribute to the expenditure incurred by him in providing those services, and

(c) that contribution is or will be derived (in whole or in part) from any grant which is or will be paid to the body as mentioned in subsection (1).

(7) A relevant statutory provision is a statutory provision specified by order made by the Department subject to negative resolution.

(8) In subsection (2) a prescribed purpose is a purpose relating to housing benefit or welfare services which is prescribed by regulations made by the Department subject to negative resolution.

(9) The power to make an order or regulations under this section includes power to make such incidental, supplementary, consequential, transitional or savings provision as the Department thinks necessary or expedient.

(10) In this section—

“income-based jobseeker's allowance” has the same meaning as in the Jobseekers Order;

“income-related employment and support allowance” means an income-related allowance under Part 1;

“welfare services” includes services which provide support, assistance, advice or counselling to individuals with particular needs.

(11) In the Housing Support Services (Northern Ireland) Order 2002 (NI 8), omit Articles 6 (disclosure of information) and 7 (unauthorised disclosure of information).

Commencement Information

I1 S. 39 wholly in operation at 1.9.2008; s. 39 not in operation at Royal Assent see s. 60(1); s. 39 in operation for certain purposes at 8.8.2008 and wholly in operation at 1.9.2008 by S.R. 2008/339, art. 2(1)(2)(a)