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Social Security (Scotland) Act 2018

Changes to legislation:

Social Security (Scotland) Act 2018 is up to date with all changes known to be in force on or before 14 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 TENETS AND OVERSIGHT

    1. Principles

      1. 1.The Scottish social security principles

      2. 2.Effect of the principles

    2. Promotion of take-up

      1. 3.Scottish Ministers' duty to promote take-up

      2. 4.Recognition of importance of inclusive communication

      3. 5.Recognition of importance of accessible information

      4. 6.Recognition of importance of independent information, advice and advocacy

      5. 7.Recognition of importance of available data

      6. 8.Strategy to promote take-up

      7. 9.Further provision about preparing strategies to promote take-up

    3. Advocacy

      1. 10.Right to advocacy

      2. 11.Advocacy service standards

    4. Assessments

      1. 12.Restriction on private-sector involvement in assessments

      2. 13.Assessors to be suitably qualified

      3. 14.Assessments only to be required where necessary

    5. Charter

      1. 15.The Scottish social security charter

      2. 16.Preparing the first charter

      3. 17.Publication of the charter

      4. 18.Reviewing the charter

      5. 19.Effect of the charter

    6. Accountability

      1. 20.Annual report

      2. 21.Scottish Commission on Social Security

      3. 22.Commission functions

    7. Interpretation

      1. 23.Meaning of “Scottish social security system”

  3. PART 2 GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

    1. CHAPTER 1 ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT

      1. 24.Duty to give assistance

      2. 25.Meaning of “determination of entitlement”

      3. 26.Individual's right to stop receiving assistance

      4. 27.Later determination supersedes earlier

    2. CHAPTER 2 TYPES OF ASSISTANCE TO BE GIVEN

      1. 28.Carer's assistance

      2. 29.Cold-spell heating assistance

      3. 30.Winter heating assistance

      4. 31.Disability assistance

      5. 32.Early years assistance

      6. 33.Employment-injury assistance

      7. 34.Funeral expense assistance

      8. 35.Housing assistance

      9. 36.Short-term assistance

    3. CHAPTER 3 DETERMINING ENTITLEMENT

      1. Determination by the Scottish Ministers

        1. 37.Duty to make determination

        2. 38.Application for assistance

        3. 39.Withdrawal of application

        4. 40.Notice of determination

      2. Re-determination by the Scottish Ministers

        1. 41.Right to request re-determination

        2. 42.Late request for re-determination

        3. 43.Duty to re-determine

        4. 44.Notice of re-determination

        5. 45.Notice where re-determination not made timeously

      3. Appeal against the Scottish Ministers' determination

        1. 46.Right to appeal to First-tier Tribunal against determination

        2. 47.Initiating an appeal

        3. 48.Deadline for appealing

        4. 49.First-tier Tribunal's power to determine entitlement

      4. The determination of entitlement

        1. 50.Decisions comprising determination

        2. 51.Determination on basis of ongoing entitlement

        3. 52.Determination without application

    4. CHAPTER 4 FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

      1. Identifying possible eligibility

        1. 53.Duty to inform about possible eligibility

      2. Obtaining information to make determination

        1. 54.Obligation to provide information on request

        2. 55.Requirement to justify assessment requests

        3. 56.Duty to notify change of circumstances

        4. 57.Lifting of duty to notify change of circumstances

      3. Appointees

        1. 58.Appointment of person to act on behalf of individual

      4. Support during discussions and assessments

        1. 59.Right to support

      5. Access to reports

        1. 60.Right to reports used in determining entitlement

      6. Right to appeal Scottish Ministers' process decisions

        1. 61.Appeal to First-tier Tribunal against process decisions

      7. Presumption about when information is received

        1. 62.Presumption for purposes of sections 41, 48 and 61

    5. CHAPTER 5 RECOVERY OF VALUE OF ASSISTANCE

      1. Assistance given in error

        1. 63.Liability for assistance given in error

        2. 64.Exclusion from liability

        3. 65.Consideration for debtor's circumstances

        4. 66.Prescription of liability

        5. 67.Exclusion of other rights of recovery

        6. 68.First-tier Tribunal's jurisdiction

        7. 69.Liability where assistance given for period after death

      2. Funeral expense assistance

        1. 70.Liability of deceased's estate

    6. CHAPTER 6 OFFENCES AND INVESTIGATIONS

      1. Offences

        1. 71.Offence of trying to obtain assistance by deceit

        2. 72.Offence of failing to notify

        3. 73.Offence of causing a failure to notify

        4. 74.Individual culpability for offending by an organisation

      2. Investigations

        1. 75.Power to make provision about investigations

        2. 76.Code of practice on investigations

    7. CHAPTER 7 UPRATING FOR INFLATION

      1. 77.Duty to consider effects of inflation

      2. 78.Duty to uprate carer's, disability, employment-injury and funeral expense assistance

  4. PART 3 SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS

    1. Top up of reserved benefits

      1. 79.Power to provide for top up

      2. 80.Restrictions on power

    2. Carer's allowance: temporary provision

      1. 81.Carer's allowance supplement

      2. 82.Power to repeal temporary provision

  5. PART 4 FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

    1. Inalienability of assistance

      1. 83.No assignation or charge

      2. 84.Retention of right to assistance on bankruptcy etc.

    2. Information-sharing

      1. 85.Information-sharing

    3. Agency arrangements

      1. 86.Agency arrangements for housing assistance

    4. Monitoring of appeal process

      1. 87.Report to the Scottish Parliament on exercise of right to appeal

  6. PART 5 DISCRETIONARY HOUSING PAYMENTS

    1. 88.Local authorities' power to make payments

    2. 89.Restrictions on power to make payments

    3. 90.Local authorities' duty to provide information about payments

    4. 91.Guidance

    5. 92.Local authorities need not make payments if not funded

    6. 93.Power to modify section 88

  7. PART 6 UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS

    1. 94.Universal credit: payment to joint claimants

  8. PART 7 FINAL PROVISIONS

    1. 95.Ancillary provision

    2. 96.Regulation-making powers

    3. 97.Further procedure for regulations about assistance

    4. 98.Temporary disapplication of section 97

    5. 99.Commencement

    6. 100.Short title

    1. SCHEDULE 1

      SCOTTISH COMMISSION ON SOCIAL SECURITY

      1. PART 1 OPERATION AND COMPOSITION OF THE COMMISSION

        1. CHAPTER 1 STATUS

          1. Independence

            1. 1.(1) In performing its functions, the Scottish Commission on Social...

          2. Exclusion of Crown status

            1. 2.The Commission— (a) is not a servant or agent of...

        2. CHAPTER 2 POWERS

          1. General powers

            1. 3.The Commission may do anything which appears to it—

          2. Access to information

            1. 4.(1) The Commission— (a) has a right of access at...

        3. CHAPTER 3 PROCEDURE

          1. Committees

            1. 5.(1) The Commission may establish committees and sub-committees.

          2. Regulation of procedure

            1. 6.The Commission may regulate its own procedure (including quorum) and...

          3. Authority to perform functions

            1. 7.(1) The Commission may authorise— (a) any of its members,...

          4. Validity of things done

            1. 8.The validity of anything done by the Commission, its committees...

        4. CHAPTER 4 FINANCE

          1. Remuneration and expenses of members

            1. 9.(1) The Commission's members are entitled to be paid by...

          2. Expenses of non-members

            1. 10.(1) A person who attends a meeting of the Commission...

          3. Resources

            1. 11.The Scottish Ministers are to provide the Commission with such...

          4. Accounts and audit

            1. 12.(1) The Commission must— (a) keep proper accounts and accounting...

        5. CHAPTER 5 MEMBERSHIP

          1. Number of members

            1. 13.(1) The Commission is to consist of—

          2. Appointment of members

            1. 14.(1) The Scottish Ministers are to appoint the Commission's members....

          3. Tenure and other terms and conditions

            1. 15.(1) A person's membership of the Commission continues until the...

          4. Early termination

            1. 16.(1) A member of the Commission may resign by giving...

          5. Disqualification grounds

            1. 17.(1) A person is disqualified from being a member of...

      2. PART 2 APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES

        1. Ethical Standards in Public Life etc. (Scotland) Act 2000

          1. 18.In schedule 3 of the Ethical Standards in Public Life...

        2. Freedom of Information (Scotland) Act 2002

          1. 19.In schedule 1 of the Freedom of Information (Scotland) Act...

        3. Public Appointments and Public Bodies etc. (Scotland) Act 2003

          1. 20.In schedule 2 of the Public Appointments and Public Bodies...

        4. Public Services Reform (Scotland) Act 2010

          1. 21.In schedule 5 of the Public Services Reform (Scotland) Act...

    2. SCHEDULE 2

      CARER'S ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER

          1. 1.(1) The regulations must be framed so that (subject to...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Carer's other activities

            1. 3.The regulations may make an individual's eligibility depend on—

          2. Multiple carers

            1. 4.The regulations may make an individual's eligibility depend on being...

          3. Residence and presence

            1. 5.The regulations may make an individual's eligibility depend on either...

          4. Age

            1. 6.The regulations may make an individual's eligibility depend on the...

          5. Financial circumstances

            1. 7.The regulations may make an individual's eligibility depend on the...

          6. Receipt of, or eligibility for, other types of State assistance

            1. 8.The regulations may make an individual's eligibility depend on the...

          7. Application within specified period

            1. 9.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. Meeting liabilities

          1. 10.The regulations may provide for the carer's assistance that is...

        2. Restriction on giving assistance in a form other than money

          1. 11.(1) The regulations may allow carer's assistance to be given...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 12.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 13.In this schedule— “cared-for person” means the individual by providing...

    3. SCHEDULE 3

      COLD-SPELL HEATING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL

          1. 1.The regulations must be framed so that (subject to any...

          2. 2.(1) The regulations may be framed so that, despite the...

          3. 3.The regulations are to set out, for the purpose of...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Age

            1. 4.The regulations may make an individual's eligibility depend on the...

          2. Financial circumstances

            1. 5.The regulations may make an individual's eligibility depend on the...

          3. Receipt of, or eligibility for, other types of State assistance

            1. 6.The regulations may make an individual's eligibility depend on either...

          4. Application within specified period

            1. 7.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. Domestic circumstances and age

          1. 8.The regulations may make the value of the cold-spell heating...

        2. Restriction on giving assistance in a form other than money

          1. 9.(1) The regulations may allow cold-spell heating assistance to be...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 10.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 11.In this schedule— “eligibility” means eligibility for cold-spell heating assistance...

    4. SCHEDULE 4

      WINTER HEATING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. Residence and presence

          1. 1.The regulations may make an individual's eligibility depend on the...

        2. Age

          1. 2.The regulations may make an individual's eligibility depend on the...

        3. Financial circumstances

          1. 3.Subject to paragraph 4, the regulations may not make an...

        4. Receipt of, or eligibility for, other types of State assistance

          1. 4.The regulations may make an individual's eligibility depend on either...

        5. Application within specified period

          1. 5.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. Domestic circumstances and age

          1. 6.The regulations may make the value of the winter heating...

        2. Financial circumstances

          1. 7.Subject to paragraph 8, the regulations may not make the...

        3. Receipt of, or eligibility for, other types of State assistance

          1. 8.The regulations may make the value of assistance depend on...

        4. Restriction on giving assistance in a form other than money

          1. 9.(1) The regulations may allow winter heating assistance to be...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 10.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 11.In this schedule— “eligibility” means eligibility for winter heating assistance...

    5. SCHEDULE 5

      DISABILITY ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY

          1. 1.(1) The regulations must be framed so that (subject to...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Nature and extent of disability and needs

            1. 3.The regulations may make an individual's eligibility depend on the...

          2. Residence and presence

            1. 4.The regulations may make an individual's eligibility depend on the...

          3. Age

            1. 5.The regulations may make an individual's eligibility depend on the...

          4. Financial circumstances

            1. 6.Subject to paragraph 7, the regulations may not make an...

          5. Receipt of, or eligibility for, other types of State assistance

            1. 7.The regulations may make an individual's eligibility depend on the...

          6. Application within specified period

            1. 8.The regulations may provide that an individual ceases to be...

        3. CHAPTER 3 SPECIAL RULES FOR TERMINAL ILLNESS CASES

          1. No minimum period

            1. 9.The regulations may not make the eligibility of an individual...

          2. No requirement for assessment

            1. 10.The regulations may not make the eligibility of an individual...

          3. Eligibility from date of application

            1. 11.The regulations must be framed so that an individual who...

          4. Entitlement to maximum amount

            1. 12.The regulations must be framed so that an individual who...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. Nature and extent of disability

            1. 13.The regulations may make the value of the disability assistance...

          2. Age

            1. 14.The regulations may make the value of the disability assistance...

        2. CHAPTER 2 FORM

          1. Meeting liabilities

            1. 15.The regulations may provide for the disability assistance that is...

          2. Payment to someone else

            1. 16.The regulations may provide that, if the Scottish Ministers consider...

          3. Restriction on giving assistance in a form other than money

            1. 17.(1) The regulations may allow disability assistance to be given...

          4. Restriction on lump sums

            1. 18.The regulations may not provide for the disability assistance that...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 19.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 20.In this schedule— “eligibility” means eligibility for disability assistance and...

    6. SCHEDULE 6

      EARLY YEARS ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD

          1. 1.(1) The regulations must be framed so that an individual's...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Limit to number of people entitled

            1. 2.The regulations may provide that an individual is not eligible,...

          2. Residence and presence

            1. 3.The regulations may make an individual's eligibility depend on the...

          3. Financial circumstances

            1. 4.The regulations may make an individual's eligibility depend on the...

          4. Receipt of, or eligibility for, other types of State assistance

            1. 5.The regulations may make an individual's eligibility depend on the...

          5. Application within specified period

            1. 6.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. Restriction on giving assistance in a form other than money

          1. 7.(1) The regulations may allow early years assistance to be...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 8.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 9.In this schedule— “eligibility” means eligibility for early years assistance...

    7. SCHEDULE 7

      EMPLOYMENT-INJURY ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK

          1. 1.The regulations must be framed so that (subject to any...

          2. 2.(1) The regulations may be framed so that, despite the...

          3. 3.(1) The regulations are to define the following terms for...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Place where injury suffered or disease contracted

            1. 4.The regulations may make an individual's eligibility depend on where,...

          2. Residence and presence

            1. 5.The regulations may make an individual's eligibility depend on the...

          3. Age

            1. 6.The regulations may make an individual's eligibility depend on the...

          4. Financial circumstances

            1. 7.Subject to paragraph 8, the regulations may not make an...

          5. Receipt of, or eligibility for, other types of State assistance

            1. 8.The regulations may make an individual's eligibility depend on the...

          6. Application within specified period

            1. 9.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. Nature of injury or disease

            1. 10.The regulations may make the value of the employment-injury assistance...

          2. Age

            1. 11.The regulations may make the value of the employment-injury assistance...

        2. CHAPTER 2 FORM

          1. Meeting liabilities

            1. 12.The regulations may provide for the employment-injury assistance that is...

          2. Restriction on giving assistance in a form other than money

            1. 13.(1) The regulations may allow employment-injury assistance to be given...

          3. Restriction on lump sums

            1. 14.The regulations may not provide for the employment-injury assistance that...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 15.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 16.In this schedule— “eligibility” means eligibility for employment-injury assistance, and...

    8. SCHEDULE 8

      FUNERAL EXPENSE ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

          1. 1.(1) The regulations must be framed so that an individual's...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Location of the funeral

            1. 2.The regulations may make an individual's eligibility depend on where...

          2. Relationship with the deceased

            1. 3.The regulations may make an individual's eligibility depend on the...

          3. Value of deceased's estate

            1. 4.The regulations may make an individual's eligibility depend on the...

          4. Residence and presence

            1. 5.The regulations may make an individual's eligibility depend on either...

          5. Financial circumstances

            1. 6.The regulations may make an individual's eligibility depend on the...

          6. Receipt of, or eligibility for, other types of State assistance

            1. 7.The regulations may make an individual's eligibility depend on either...

          7. Application within specified period

            1. 8.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 9.The regulations may specify items of expense in relation to...

        2. 10.The regulations may set a limit on the value of...

        3. 11.The regulations may set a limit on the total value...

        4. 12.The regulations may provide for the amount of funeral expense...

        5. Restriction on giving assistance in a form other than money

          1. 13.(1) The regulations may allow funeral expense assistance to be...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 14.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 15.In this schedule— “deceased person” means the person in respect...

    9. SCHEDULE 9

      HOUSING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS

          1. 1.(1) Subject to sub-paragraph (2) and paragraph 2, the regulations...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. Participation in education

            1. 3.The regulations may make an individual's eligibility depend on—

          2. Residence and presence

            1. 4.The regulations may make an individual's eligibility depend on the...

          3. Age

            1. 5.The regulations may make an individual's eligibility depend on the...

          4. Financial circumstances

            1. 6.The regulations may make an individual's eligibility depend on the...

          5. Receipt of, or eligibility for, other types of State assistance

            1. 7.The regulations may make an individual's eligibility depend on either...

          6. Application within specified period

            1. 8.The regulations may provide that an individual ceases to be...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. Cases where paragraph 1(3) conditions met

            1. 9.(1) The regulations must provide for the value of housing...

          2. Cases where paragraph 1(3) conditions not met

            1. 10.In a case to which paragraph 9 does not apply,...

        2. CHAPTER 2 FORM

          1. Meeting liabilities

            1. 11.The regulations may provide for housing assistance that is to...

          2. Restriction on giving assistance in a form other than money

            1. 12.(1) The regulations may allow housing assistance to be given...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 13.Nothing in this schedule, apart from the following provisions, is...

        2. Interpretation

          1. 14.In this schedule (unless stated otherwise)— “eligibility” means eligibility for...

    10. SCHEDULE 10

      SHORT-TERM ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. Entitlement to other assistance being reviewed

          1. 1.(1) The regulations must be framed so that an individual...

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. Value and form of assistance where entitlement to other assistance under review

          1. 2.(1) This paragraph applies to any case in which an...

      3. PART 3 FINAL PROVISIONS

        1. Generality of enabling power unaffected

          1. 3.Nothing in this schedule is to be taken to preclude...

        2. Interpretation

          1. 4.In this schedule, “the regulations” means regulations under section 36(2)....

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