Referral process to enable access to the Programme.

Referral Partner Legal basis for processing (sharing) Recipient Legal basis for processing (holding)
JCP Social Security (Claims and Information) Regulations 1999. Regulations 13(1)(b)(iv) - 13(iA) and 13(4)
Welfare Reform and Pensions Act 1999.
Section 72 Designation Order 2017
Programme Provider as the Data Processor for the GMCA The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Social Security (Claims and Information) Regulations 1999 Regulations 4(6)(f)(i) - 13(1)(b)(iv) - 13(iA) and 13(4)
 

Programme Participation – Multi Agency Sharing for integration of services.

Sharing Partner Legal basis for processing (sharing) Recipient Legal basis for processing (holding)
JCP Social Security (Claims and Information) Regulations 1999. Regulations 1A - 13(1)(b)(iv) and 13(4)
Welfare Reform and Pensions Act 1999.
Section 72 Designation Order 2017
Programme Provider as the Data Processor for the GMCA The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Social Security (Claims and Information) Regulations 1999 Regulations 4(6)(f)(i) - 13(1)(b)(iv) - 13(iA) and 13(4)
Local Authority Localism Act 2011 S.1
Care Act 2014 Part 1 General responsibilities of local authorities S1 & S6
Children Act 2004 Part 2 General S10
Health and Social Care (Safety and Quality) Act 2015 S.3 insertion 251B to the Health and Social Care Act 2012 Part 9 (Medical Purposes)
Social Security (Claims and Information) Regulations 1999 Regulation 4(6)(f)(i) - 13(1)(b)(iv) - 13(iA) and 13(4)
The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Social Security (Claims and Information) Regulations 1999 Regulation 4(6)(f)(i-ii)
Social Landlords Terms and conditions of the rental agreement, allowing the use of their information as a landlord. The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
The Social Security (Information-sharing in relation to Welfare Services etc.) Regulations 2012 PART 3 Regulation 5
 
Sub contracted Third Party medical provision by Provider. Contract requirement to provide specific none clinical information. Undertaken with the “Consent” of the individual to satisfy common law duty. The Greater Manchester Combined Authority Order 2011 Schedule 3(7)

Programme Participation – Sharing for Delivery of Services (with other data controllers)

Recipient Legal basis for processing (holding) Sharing Partner Legal basis for processing (sharing)
JCP Social Security (Claims and Information) Regulations 1999. Regulations 1A - 13(1)(b)(iv) and 13(4)
 
Programme Provider as the Data Processor for the GMCA and/or The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Welfare Reform and Pensions Act 1999.
Section 72 Designation Order 2017
Local Authority Social Security (Claims and Information) Regulations 1999 Regulation 4(6)(f)(i) - 13(1)(b)(iv) and 13(4) The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Welfare Reform and Pensions Act 1999.
Section 72 Designation Order 2017
GPs Health and Social Care Act 2012 Part 1 S.26 14Z1 The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Social Landlords Terms and conditions of the tenancy agreement, allowing the use of their information as a landlord. The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
Employers Contract of Employment or Work experience with the individual.   The Greater Manchester Combined Authority Order 2011 Schedule 3(7)
 
GPs Health and Social Care (Safety and Quality) Act 2015 S.3 insertion 251B to the
Health and Social Care Act 2012 Part 9 (Medical Purposes)
Sub contracted or employed medical provision by Provider. (Identified as a “relevant person”) Health and Social Care (Safety and Quality) Act 2015 S.3 insertion 251B to the
Health and Social Care Act 2012 Part 9 (Medical Purposes)
Local Authority (social care) Health and Social Care (Safety and Quality) Act 2015 S.3 insertion 251B to the
Health and Social Care Act 2012 Part 9 (Medical Purposes)
Children Act 2004 Part 2 General S10
Care Act 2014 Part 1 General responsibilities of local authorities S1 & S6
Sub contracted or employed medical provision by Provider. Health and Social Care (Safety and Quality) Act 2015 S.3 insertion 251B to the
Health and Social Care Act 2012 Part 9 (Medical Purposes)
Children Act 2004 Part 2 General S10
Care Act 2014 Part 1 General responsibilities of local authorities S1 & S6

Direct Care Definition used:

For the purposes of this process "direct care" is defined as:
A clinical, social or public health activity concerned with the prevention, investigation and treatment of illness and the alleviation of suffering of individuals (all activities that directly contribute to the diagnosis, care and treatment of an individual). It includes:
  • supporting individuals’ ability to function and improve their participation in life and society;
  • the local audit /assurance of the quality of care provided;
  • the management of untoward or adverse incidents;
  • the measurement of outcomes undertaken by one or more registered and regulated health or social care professionals and their team with whom the individual has a legitimate relationship for their care. It does not include research, teaching, financial audit, service management activities or risk stratification for planning but can include risk stratification for case finding.

Data Protection Act 1998

c. 29 Part VI General Section 69
69
Meaning of “health professional”. (1) In this Act “health professional” means any of the following—
(a) a registered medical practitioner,
(b) a registered dentist as defined by section 53(1) of the M1Dentists Act 1984,
(c) a registered dispensing optician or a registered optometrist within the meaning of the Opticians Act 1989,]
(d) a registered pharmacist or a registered pharmacy technician within the meaning of article 3(1) of the Pharmacy Order 2010] or a registered person as defined by Article 2(2) of the M2Pharmacy (Northern Ireland) Order 1976,
(e) a registered nurse or midwife
(f) a registered osteopath as defined by section 41 of the M3Osteopaths Act 1993,
(g) a registered chiropractor as defined by section 43 of the M4Chiropractors Act 1994,
(h) any person who is registered as a member of a profession to which [F4the Health and Social Work Professions Order 2001] for the time being extends [F5, except in so far as the person is registered as a social worker in England (within the meaning of that Order)] (this includes physiotherapists)
(i) a child psychotherapist],
(j) . . . . . . . . . . . . . . . . .
(k) a scientist employed by a health service body as head of a department.