The Social Security Information-sharing (Scotland) Regulations 2021

CitationSSI 2021/178

2021No. 178


The Social Security Information-sharing (Scotland) Regulations 2021


Coming into force26thJuly2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 85(2)(g) and (5) and 95 of the Social Security (Scotland) Act 2018( 1) and all other powers enabling them to do so.

In accordance with section 96(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security Information-sharing (Scotland) Regulations 2021 and come into force on 26 July 2021.

(2) In these Regulations—

the 1978 Act” means the National Health Service (Scotland) Act 1978( 2),

“the 2018 Act” means the Social Security (Scotland) Act 2018,

“the Public Guardian” is to be construed in accordance with section 6 of the Adults with Incapacity (Scotland) Act 2000( 3) (the Public Guardian and his functions).

Specification of persons who may be required to supply information

2.—(1) The persons described in paragraph (2) are specified for the purposes of section 85(2)(g) of the 2018 Act (persons who may be required to supply information).

(2) The persons are—

(a) any supplier of vehicles approved by the Scottish Ministers under an accreditation scheme run by Ministers to supply vehicles for the benefit of individuals who are entitled to the higher rate of the mobility component of Child Disability Payment in accordance with regulation 13 of the Disability Assistance for Children and Young People (Scotland) Regulations 2021( 4) (mobility requirements: higher rate mobility component),

(b) the contractor under a general medical services contract within the meaning of section 17J of the 1978 Act( 5) (Health Boards' power to enter into general medical services contracts),

(c) the contractor under an arrangement under section 2C(2) of the 1978 Act( 6) (functions of Health Boards: primary medical services),

(d) the provider under an agreement under section 17C(1)(a) of the 1978 Act( 7) (agreement for provision of primary medical services), and

(e) the Public Guardian.

Supplying information to receive information in return

3.—(1) Paragraph (2) applies where the Scottish Ministers require information to be supplied under section 85(1) of the 2018 Act (requirement to supply information) by—

(a) a Health Board constituted under section 2(1)(a) of the 1978 Act( 8) (Health Boards) or a Special Health Board constituted under section 2(1)(b) of the 1978 Act( 9),

(b) a contractor or provider of primary medical services described in regulation 2(2)(b), (c) or (d), or

(c) a local authority,

for the purpose of determining an individual's entitlement to social security assistance in accordance with section 37 of the 2018 Act (duty to make determination).

(2) The Scottish Ministers may supply to the person such information relating to the individual as is necessary for the purpose of enabling the person to comply with the requirement under section 85(1) of the 2018 Act.


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