Use 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.
Regs. 4A-4C inserted (16.1.2024) by The Social Security Information-sharing (Scotland) Amendment Regulations 2024 (S.S.I. 2024/8), regs. 1(1), 3