The Digital Switchover (Disclosure of Information) Act 2007 (Prescription of Information) Order 2007

Prescription of information: “social security information” and “war pensions information”

3.—(1) Information of a description given in paragraph (3) is prescribed(1), in relation to the Secretary of State, as—

(a) “social security information” for the purposes of section 1(1) of the Act (which permits disclosure of social security information by the Secretary of State and the Northern Ireland department to certain bodies in connection with switchover help functions); and

(b) “war pensions information” for the purposes of section 1(2) of the Act (which permits disclosure of war pensions information by the Secretary of State to certain bodies in connection with switchover help functions).

(2) Information of a description given in paragraph (3) is prescribed, in relation to the Northern Ireland department, as “social security information” for the purposes of section 1(1) of the Act.

(3) The information referred to in paragraphs (1) and (2) is—

(a) in relation to a qualifying individual—

(i) his name and any alias;

(ii) his date of birth;

(iii) his address;

(iv) his national insurance number;

(v) whether he lives in a care home or an independent hospital;

(vi) the name, any alias and address of a person appointed to act on his behalf; and

(vii) whether the individual is entitled to receive assistance free of charge under the Digital Switchover Help Scheme;

(b) where a qualifying individual—

(i) is entitled to receive assistance free of charge under the Digital Switchover Help Scheme,

(ii) is a member of a couple, and

(iii) his partner in that couple is also a qualifying individual,

the national insurance number of that partner; and

(c) in a case where an individual who was a qualifying individual has died, that fact and the date on which he died.

(4) In this article—

“care home”—

(a)

in relation to England and Wales has the meaning given to it by section 3 of the Care Standards Act 2000(2);

(b)

in relation to Scotland means any establishment providing a care home service, as that expression is defined by section 2(3) of the Regulation of Care (Scotland) Act 2001(3); and

(c)

in relation to Northern Ireland means any residential care home as that term is defined by Article 10 of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(4);

“couple” means—

(a)

a man and woman who are married to each other and normally live at the same address;

(b)

a man and woman who are not married to each other but normally live together at the same address as husband and wife;

(c)

two people of the same sex who are civil partners of each other and normally live at the same address; or

(d)

two people of the same sex who are not civil partners of each other but normally live together at the same address as if they were civil partners;

“Digital Switchover Help Scheme” means the agreement made on 30th April 2007(5) between the Secretary of State and the BBC in pursuance of the BBC Charter and Agreement;

“independent hospital”—

(a)

in relation to England and Wales, has the meaning given to it by section 2 of the Care Standards Act 2000(2);

(b)

in relation to Scotland, means an independent healthcare service as defined in section 2(5)(a) and (b) of the Regulation of Care (Scotland) Act 2001(3); and

(c)

in relation to Northern Ireland, means an independent hospital as defined in article 2(2) of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(4);

“partner” means a member of a couple; and

“qualifying individual” means an individual who is entitled to a benefit listed in clause 8(1)(b)(i) of the Digital Switchover Help Scheme, or who is aged 73 years or over, or both.

(1)

Section 2(5) of the Act defines “prescribed” as prescribed by order made by the Secretary of State.

(2)

2000 c.14.

(3)

2001 asp 8.

(4)

SI 2003/431 (N.I.9).

(5)

Cm 7118.