F1Use of information supplied under regulation 4(1)(d)4B.
(1)
This regulation applies where—
(a)
in the exercise of their social security functions, the Scottish Ministers know or believe that—
(i)
the property or financial affairs of a person with whom they have come into contact (“person B”) are at risk,
(ii)
person B has needs of care and support, and
(iii)
as a result of those needs, person B is unable to protect themselves against that risk, and
(b)
the Scottish Ministers consider the supply of information is necessary to—
(i)
safeguard the property or financial affairs of person B, and
(ii)
protect person B from harm.
(2)
The information is to be supplied only with the explicit consent of person B unless paragraph (3) applies.
(3)
This paragraph applies where—
(a)
in the circumstances, person B’s consent cannot be given,
(b)
in the circumstances, the Scottish Ministers cannot reasonably be expected to obtain the consent of person B, or
(c)
in the circumstances, the Scottish Ministers consider obtaining consent of person B would prejudice the matters mentioned in paragraph (1)(b).
(4)
In this regulation, “harm” means mental or emotional harm.