The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012 (“the principal Regulations”) to add a new Part 4 which prescribes additional purposes to allow for the sharing of relevant information for prescribed purposes relating to council tax.

Regulation 2(2) inserts a definition of “council tax reduction scheme” into regulation 2 of the principal Regulations. In England and Wales, this is a scheme for the reduction of council tax liability made under sections 13A(2) or (4) of the Local Government Finance Act 1992 (c.14) (including default schemes in England established under Schedule 1A) and in Scotland is a scheme established in accordance with certain regulations made under section 80 of that Act.

Regulation 2(5) adds Part 4 to the principal Regulations. New regulation 12 prescribes the 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. “Relevant information” is defined in section 131(12) of the Welfare Reform Act 2012 (“the Act”) as information relating to social security benefits or welfare services. “Qualifying person” is defined in section 131(11) of that Act and includes a local authority or a person authorised to exercise any function of such an authority relating to council tax, or providing services relating to council tax. The prescribed purposes are making council tax reduction schemes and determining a person’s entitlement (or continued entitlement) to a council tax reduction under such a scheme.

New regulations 13 and 14 prescribe the same purposes as purposes for which a qualifying person must hold relevant council tax information in order to use that information or supply it to another qualifying person.

New regulation 14 is subject to exceptions in new regulation 15 relating to relevant council tax information held by Welsh and Scottish bodies as defined in section 131 of the Act.

Regulation 2(3) and (4) make consequential amendments to Part 3 of the principal Regulations.

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