Commentary on Sections Part 5: Social security: General Section 130: Information-sharing in relation to provision of overnight care etc
665.Section 130 allows information to be used and supplied for the purpose of ensuring the correct amount of housing benefit is awarded in relation to people who are entitled to overnight care in their own homes; and for the purpose of assessing awards of benefit when a person is admitted or discharged from hospital or residential care.
666.Claimants of certain social security benefits have their benefit awards reassessed when they go into or are discharged from hospital or care. Claimants are already required to report such changes. This provision will allow local authority teams to use that information themselves, or supply the information to the Secretary of State, for purposes relating to the payment of benefits. Local authorities will therefore be able to inform the Secretary of State or their own teams dealing with a relevant benefit such as housing benefit and council tax benefit teams when a person has been, or is likely to be, admitted to or discharged from residential care or hospital. This will allow reassessment of benefit awards that are affected by these changes. Subsection (2)(c) also permits regulations to prescribe other information local authorities can supply to the Secretary of State relating to the funding regime covering a person’s residential care or hospital stay as this can affect for example, their rate of personal independence payment.
667.People who are disabled and require an overnight carer will also be able to qualify for a higher rate of housing benefit if they have an extra room which is used by a carer or team of carers. This provision will also allow local authority housing benefit teams to use information from local authority social services teams to confirm whether a person does or may require an overnight carer; if social services are providing the carer; and confirmation that the care has been provided.
668.Subsection (8) provides that regulations made under subsection (7) may not prescribe any benefit which falls within the legislative competence of the Scottish Parliament.