Explanatory Memorandum

Welfare Reform Act (Northern Ireland) 2010

2010 CHAPTER 13

13 August 2010

Commentary on Sections

Part 1: Social security

Section 28: Social security information and employment or training information

Subsections 1 and 2 insert new subsections into sections 2A and 2AA of the Social Security Administration (Northern Ireland) Act 1992 and relate to the use of Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999.  The definition of social security information is also broadened to include information not just related to work-focused interviews, but information shared for the purposes of any provision made by or under the Act, including in regulations.

Subsection (3) adds a new paragraph to Schedule 1 to the Jobseekers (Northern Ireland) Order 1995 and expands the scope of data-sharing powers under that Order to enable information sharing which is relevant for any provision in or made under the Order. It does this by providing that such information should be taken to be social security information. This is linked to the Welfare Reform and Pensions (Northern Ireland) Order 1999, in which Article 69 deals with data-sharing for social security purposes, between Northern Ireland Departments, people carrying out functions on their behalf, or designated by a Northern Ireland Department, and statutory bodies.

Subsection (4) amends Article 69 of the Welfare Reform and Pensions (Northern Ireland) Order 1999, to reflect this change. The amendments would also allow the Department to make regulations concerning the sharing and use of employment and training information. For example, regulations could permit a person providing a training course for a jobseeker's allowance claimant pursuant to arrangements made by the Department for Employment and Learning to provide information to the Social Security Office or Jobs and Benefits Office about the claimant's record of attendance and levels of attainment.