Silver Support Scheme Act 2015 PART 3 — ADMINISTRATION

s 8–s 10 · 3 sections

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Provision of information for administration of Act or Scheme

s 8

8.—(1) Where the Minister certifies in writing that it is necessary for an authorised person to have access to any particular class of means information in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme —(a) the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the authorised person so much of the means information as is necessary for that purpose; and (b) that Government department or public authority is to comply with the direction under paragraph (a), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information. (2) Where the Minister certifies in writing that it is necessary for an information recipient to have access to any particular class of confidential information (other than means information) in the possession of a Government department or public authority, in order to facilitate the administration or enforcement of this Act or the administration of the Scheme —(a) the Minister charged with the responsibility for that Government department or public authority may, in addition to any other power conferred by any written law, direct that Government department or public authority to provide to the information recipient so much of the confidential information as is necessary for that purpose; and (b) that Government department or other public authority is to comply with the direction under paragraph (a), despite any other written law, and whether or not it is under any obligation (imposed by written law or otherwise) not to disclose such information. (3) If an individual opts out, in the manner determined by the Commissioner, from the application of subsection (1) to means information about the individual, then from the time an authorised person is notified that the individual has opted out, the authorised person must not —(a) access any means information about the individual obtained under that subsection; or (b) use or disclose under section 9 any such means information that the authorised person had previously accessed, except with the consent of that individual. (4) Despite the provisions of this Act or any other written law, but subject to subsection (3) —(a) a person is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the person disclosing any information in accordance with any direction under subsection (1)(a) or (2)(a); (b) an authorised person (being an officer of an information recipient) is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the authorised person (acting in good faith and with reasonable care) accessing, or disclosing to another authorised person (being an officer of the same information recipient), any means information obtained under subsection (1) in the performance of the authorised person’s duties connected with the administration or enforcement of this Act or the administration of the Scheme; and (c) an officer of an information recipient is not guilty of an offence under any written law or of any breach of confidence, and does not incur any other civil liability, by virtue merely of the officer (acting in good faith and with reasonable care) accessing, or disclosing to another officer of the same information recipient, any confidential information obtained under subsection (2) in the performance of the officer’s duties connected with the administration or enforcement of this Act or the administration of the Scheme. (5) A direction under subsection (1)(a) or (2)(a) may be given on such terms and conditions (regarding access to the information provided pursuant to the direction) as the Minister giving the direction considers appropriate. (6) Any person who does any act in contravention of subsection (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both. (7) In this section —“authorised person” means —(a) the Commissioner; or (b) any other officer of an information recipient who is authorised by the Minister to have access to means information obtained under subsection (1); “information recipient” means the Commissioner, the Board or an administrator; “officer”, in relation to an information recipient, means —(a) in any case where the information recipient is a Commissioner who is a public officer, the Commissioner or any public officer acting under the Commissioner’s direction; (b) in any case where the information recipient is a Commissioner who is an employee of a public authority, the Commissioner or any employee of the same public authority acting under the Commissioner’s direction; (c) in any case where the information recipient is the Board, any member, officer or employee of the Board; (d) in any case where the information recipient is an administrator who is a public officer, the administrator and any public officer acting under the administrator’s direction; and (e) in any case where the information recipient is an administrator which is a public authority (other than the Board), any member, officer or employee of the administrator.

Use of information

s 9

9.—(1) This section applies to the Commissioner, the Board, an administrator, any public officer (or employee of a public authority) acting under the Commissioner’s direction, any public officer acting under the direction of an administrator (being a public officer), and any member, officer or employee of the Board or of an administrator (being a public authority other than the Board). (2) The use or disclosure of means information obtained under section 8(1), or of confidential information (other than means information) obtained under section 8(2), without the consent of the individual to whom the information relates, is authorised only if the purpose of the use or disclosure is to communicate or manage the information as part of —(a) the administration or enforcement of this Act; or (b) the administration of the Scheme. (3) Despite subsection (2), the Commissioner, the Board or an administrator may provide information derived from means information obtained under section 8(1), or from confidential information (other than means information) obtained under section 8(2), to a public officer, a public authority or any other person or organisation, for the development or implementation of any public scheme that may be prescribed for the purposes of this subsection —(a) only at the request of the public officer, public authority, person or organisation (as the case may be) and with the approval of the Minister; and (b) only in the form of a report stating —(i) whether an individual satisfies the eligibility criteria for receiving any benefit under the Scheme; and (ii) the description and amount of each benefit that the individual is eligible to receive or has received under the Scheme up to the date on which the report is made. (4) An approval under subsection (3)(a) may be given on such terms and conditions (regarding access to the information provided pursuant to the approval) as the Minister considers appropriate. (5) If an individual opts out, in the manner determined by the Commissioner, from the provision of a report about the individual mentioned in subsection (3)(b), then from the time the Commissioner, the Board or an administrator is notified that the individual has opted out, except with the consent of the individual, the Commissioner, the Board or the administrator (as the case may be) must not provide any such report about the individual. (6) The Board may use to administer the Scheme so much of the means information and other confidential information obtained by the Board (whether before, on or after 18 January 2016) in the course of performing the Board’s duties under the Central Provident Fund Act 1953 as the Minister approves to be used for such purpose. (7) Any person who does any act in contravention of subsection (2), (3) or (5) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Recovery of sums overpaid, etc.

s 10

10.—(1) If any benefit under the Scheme is disbursed as a cash grant, and —(a) the recipient —(i) is not an eligible individual; or (ii) is an eligible individual, but is not eligible for that cash grant; or (b) the amount paid is in excess of the amount the recipient is eligible to receive by way of that cash grant, the amount paid or paid in excess (as the case may be) is recoverable from the recipient as a debt due to the Government. (2) If any individual (whether or not an eligible individual) obtains any cash grant or other benefit under the Scheme —(a) by knowingly or recklessly making any false or misleading statement; or (b) by producing or providing, or causing to be produced or provided, any document which the individual knows, or ought reasonably to know, is false in a material particular, the amount of the cash grant or other benefit so obtained is recoverable from the individual as a debt due to the Government. (3) An administrator may recover on behalf of the Government the amount due to the Government under subsection (1) or (2), by set‑off or otherwise, from —(a) any cash grant or other benefit which the recipient in subsection (1) or individual in subsection (2) (as the case may be) is eligible to receive under the Scheme; and (b) any other sum that is payable to that recipient or individual by the administrator.

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