Use of information supplied under regulation 4(1)(c)4A

1

This regulation applies where—

a

in the exercise of their social security functions, the Scottish Ministers know or believe that a person with whom they have come into contact (“person A”) is—

i

at real risk of harm,

ii

has needs of care and support, and

iii

as a result of those needs, is unable to protect themselves against that risk, and

b

the Scottish Ministers consider the supply of information is necessary to protect person A from harm.

2

The information is to be supplied only with the explicit consent of person A unless paragraph (3) applies.

3

This paragraph applies where—

a

in the circumstances, person A’s consent cannot be given,

b

in the circumstances, the Scottish Ministers cannot reasonably be expected to obtain the consent of person A, or

c

in the circumstances, the Scottish Ministers consider obtaining consent of person A would prejudice the protection mentioned in paragraph (1)(b).

4

In this regulation—

a

in paragraph (1)(a)(i)—

i

“real risk of harm” means being subjected to conduct causing or likely to cause a person to suffer significant—

aa

neglect, or

bb

physical, mental or emotional harm,

and includes engaging in, or being likely to engage in, conduct which causes or is likely to cause self-harm, and

ii

“conduct” includes failures to act,

b

in paragraph (1)(b) and in the definition of “real risk of harm”, “harm” means neglect or physical, mental or emotional harm, and

c

“person” means a natural person of any age.

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.

Use of information supplied under regulation 4(1)(e)4C

1

This regulation applies where—

a

in the exercise of their social security functions, the Scottish Ministers know or believe that—

i

a person with whom they have come into contact (“person C”) is incapable within the meaning of the Adults with Incapacity (Scotland) Act 200010, and

ii

the property or financial affairs of person C are at risk, and

b

the Scottish Ministers consider the supply of information is necessary to—

i

safeguard the property or financial affairs of person C, and

ii

protect person C from harm.

2

In this regulation, “harm” means mental or emotional harm.