Reply To: DPA – HB Data used for other purposes


From A13 2003 – Not quite the same, but the principals still apply.

Transfer of information during “live running” from April 2003
7 Given that HB will be a “passport” to the remission of support charges after April
2003, Supporting People (SP) authorities will from time to time want to confirm
whether a grant applicant is in receipt of HB. They may also want any information
on income and capital you may hold on unsuccessful HB claims, in order to assess
whether there is entitlement to partial remission of support charges.

8 Following further legal advice, we are providing new guidance on these live running
issues. Our previous advice was that legislation did not permit the transfer of HB
information after the initial conversion of the THB cases, and that from April 2003
you must therefore obtain the consent of the claimant, before passing any
information to SP teams. Lawyers have now advised that Section 94 of the Local
Government Act and the Scottish equivalent do permit an ongoing flow of
information from HB to SP sections (subject to paragraphs 11 to 13 below).

9 Consent however, still remains an essential part of any exchange of information
from April 2003, because the legislation provides for only a one-way flow of
information, from HB to SP. It does not permit SP teams to approach you for
information without the claimant’s consent.

10 SP teams must therefore obtain the informed consent of the claimant before
approaching HB sections for information. When asking for HB information therefore
(by whatever means: clerical or IT interface) they must:
• confirm that consent has been obtained
• set out clearly what information is required