Section 130 — Welfare Reform Act 2012: Information-sharing in relation to provision of overnight care etc

Information-sharing in relation to provision of overnight care etc 130 1 This section applies where a local authority holds information falling within subsection (2) in relation to a person who is receiving or is likely to receive a relevant service.

2 The information referred to in subsection (1) is—

a information as to the fact of the provision or likely provision of the service;

b information about when the provision of the service begins or ends or is likely to do so;

c other prescribed information relating to the service provided and how it is funded (including the extent to which it is funded by the recipient).

3 In this section “relevant service means—

a a service consisting of overnight care in the individual's own home provided by or on behalf of a local authority;

b a residential care service provided by or on behalf of a local authority;

c a service consisting of overnight hospital accommodation.

4 In subsection (3)(c) “ hospital accommodation ” means—

a in relation to England, hospital accommodation within the meaning of the National Health Service Act 2006 which is provided by ... an NHS trust or an NHS foundation trust;

b in relation to Wales, hospital accommodation within the meaning of the National Health Service (Wales) Act 2006 which is provided by a Local Health Board or an NHS trust;

c in relation to Scotland, hospital accommodation within the meaning of the National Health Service (Scotland) Act 1978 which is provided by a Health Board or Special Health Board but excluding accommodation in an institution for providing dental treatment maintained in connection with a dental school.

5 The local authority may—

a itself use the information for purposes relating to the payment of a relevant benefit to the individual, or b supply the information to a person specified in subsection (6) for those purposes.

6 The persons referred to in subsection (5) are—

a the Secretary of State;

b a person providing services to the Secretary of State;

c a local authority;

d a person authorised to exercise any function of a local authority relating to a relevant benefit;

e a person providing services relating to a relevant benefit to a local authority.

7 In this section “relevant benefit“ means—

a universal credit;

b housing benefit;

c council tax benefit;

d any prescribed benefit.

8 Regulations under subsection (7)(d) may not prescribe a benefit provision for which is within the legislative competence of the Scottish Parliament.