Social Security (Scotland) Act 2018PART 1TENETS AND OVERSIGHTPrinciples1The Scottish social security principles2Effect of the principlesPromotion of take-up3Scottish Ministers' duty to promote take-up4Recognition of importance of inclusive communication5Recognition of importance of accessible information6Recognition of importance of independent information, advice and advocacy7Recognition of importance of available data8Strategy to promote take-up9Further provision about preparing strategies to promote take-upAdvocacy10Right to advocacy11Advocacy service standardsAssessments12Restriction on private-sector involvement in assessments13Assessors to be suitably qualified14Assessments only to be required where necessaryCharter15The Scottish social security charter16Preparing the first charter17Publication of the charter18Reviewing the charter19Effect of the charterAccountability20Annual report21Scottish Commission on Social Security22Commission functionsInterpretation23Meaning of “Scottish social security system”PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERSCHAPTER 1ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT24Duty to give assistance25Meaning of “determination of entitlement”26Individual's right to stop receiving assistance27Later determination supersedes earlierCHAPTER 2TYPES OF ASSISTANCE TO BE GIVEN28Carer's assistance29Cold-spell heating assistance30Winter heating assistance31Disability assistance32Early years assistance33Employment-injury assistance34Funeral expense assistance35Housing assistance36Short-term assistanceCHAPTER 3DETERMINING ENTITLEMENTDetermination by the Scottish Ministers37Duty to make determination38Application for assistance39Withdrawal of application40Notice of determinationRe-determination by the Scottish Ministers41Right to request re-determination42Late request for re-determination43Duty to re-determine44Notice of re-determination45Notice where re-determination not made timeouslyAppeal against the Scottish Ministers' determination46Right to appeal to First-tier Tribunal against determination47Initiating an appeal48Deadline for appealing49First-tier Tribunal's power to determine entitlementThe determination of entitlement50Decisions comprising determination51Determination on basis of ongoing entitlement52Determination without applicationCHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENTIdentifying possible eligibility53Duty to inform about possible eligibilityObtaining information to make determination54Obligation to provide information on request55Requirement to justify assessment requests56Duty to notify change of circumstances57Lifting of duty to notify change of circumstancesAppointees58Appointment of person to act on behalf of individualSupport during discussions and assessments59Right to supportAccess to reports60Right to reports used in determining entitlementRight to appeal Scottish Ministers' process decisions61Appeal to First-tier Tribunal against process decisionsPresumption about when information is received62Presumption for purposes of sections 41, 48 and 61CHAPTER 5RECOVERY OF VALUE OF ASSISTANCEAssistance given in error63Liability for assistance given in error64Exclusion from liability65Consideration for debtor's circumstances66Prescription of liability67Exclusion of other rights of recovery68First-tier Tribunal's jurisdiction69Liability where assistance given for period after deathFuneral expense assistance70Liability of deceased's estateCHAPTER 6OFFENCES AND INVESTIGATIONSOffences71Offence of trying to obtain assistance by deceit72Offence of failing to notify73Offence of causing a failure to notify74Individual culpability for offending by an organisationInvestigations75Power to make provision about investigations76Code of practice on investigationsCHAPTER 7UPRATING FOR INFLATION77Duty to consider effects of inflation78Duty to uprate carer's, disability, employment-injury and funeral expense assistancePART 3SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTSTop up of reserved benefits79Power to provide for top up80Restrictions on powerCarer's allowance: temporary provision81Carer's allowance supplement82Power to repeal temporary provisionPART 4FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3Inalienability of assistance83No assignation or charge84Retention of right to assistance on bankruptcy etc.Information-sharing85Information-sharingAgency arrangements86Agency arrangements for housing assistanceMonitoring of appeal process87Report to the Scottish Parliament on exercise of right to appealPART 5DISCRETIONARY HOUSING PAYMENTS88Local authorities' power to make payments89Restrictions on power to make payments90Local authorities' duty to provide information about payments91Guidance92Local authorities need not make payments if not funded93Power to modify section 88PART 6UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS94Universal credit: payment to joint claimantsPART 7FINAL PROVISIONS95Ancillary provision96Regulation-making powers97Further procedure for regulations about assistance98Temporary disapplication of section 9799Commencement100Short titleSCHEDULE 1SCOTTISH COMMISSION ON SOCIAL SECURITYPART 1OPERATION AND COMPOSITION OF THE COMMISSIONCHAPTER 1STATUSIndependence1(1) In performing its functions, the Scottish Commission on Social...Exclusion of Crown status2The Commission— (a) is not a servant or agent of...CHAPTER 2POWERSGeneral powers3The Commission may do anything which appears to it— Access to information4(1) The Commission— (a) has a right of access at...CHAPTER 3PROCEDURECommittees5(1) The Commission may establish committees and sub-committees. Regulation of procedure6The Commission may regulate its own procedure (including quorum) and...Authority to perform functions7(1) The Commission may authorise— (a) any of its members,...Validity of things done8The validity of anything done by the Commission, its committees...CHAPTER 4FINANCERemuneration and expenses of members9(1) The Commission's members are entitled to be paid by...Expenses of non-members10(1) A person who attends a meeting of the Commission...Resources11The Scottish Ministers are to provide the Commission with such...Accounts and audit12(1) The Commission must— (a) keep proper accounts and accounting...CHAPTER 5MEMBERSHIPNumber of members13(1) The Commission is to consist of— Appointment of members14(1) The Scottish Ministers are to appoint the Commission's members....Tenure and other terms and conditions15(1) A person's membership of the Commission continues until the...Early termination16(1) A member of the Commission may resign by giving...Disqualification grounds17(1) A person is disqualified from being a member of...PART 2APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIESEthical Standards in Public Life etc. (Scotland) Act 200018In schedule 3 of the Ethical Standards in Public Life...Freedom of Information (Scotland) Act 200219In schedule 1 of the Freedom of Information (Scotland) Act...Public Appointments and Public Bodies etc. (Scotland) Act 200320In schedule 2 of the Public Appointments and Public Bodies...Public Services Reform (Scotland) Act 201021In schedule 5 of the Public Services Reform (Scotland) Act...SCHEDULE 2CARER'S ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER1(1) The regulations must be framed so that (subject to...2(1) The regulations may be framed so that, despite the...CHAPTER 2FURTHER CRITERIACarer's other activities3The regulations may make an individual's eligibility depend on— Multiple carers4The regulations may make an individual's eligibility depend on being...Residence and presence5The regulations may make an individual's eligibility depend on either...Age6The regulations may make an individual's eligibility depend on the...Financial circumstances7The regulations may make an individual's eligibility depend on the...Receipt of, or eligibility for, other types of State assistance8The regulations may make an individual's eligibility depend on the...Application within specified period9The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENMeeting liabilities10The regulations may provide for the carer's assistance that is...Restriction on giving assistance in a form other than money11(1) The regulations may allow carer's assistance to be given...PART 3FINAL PROVISIONSGenerality of enabling power unaffected12Nothing in this schedule, apart from the following provisions, is...Interpretation13In this schedule— “cared-for person” means the individual by providing...SCHEDULE 3COLD-SPELL HEATING ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL1The regulations must be framed so that (subject to any...2(1) The regulations may be framed so that, despite the...3The regulations are to set out, for the purpose of...CHAPTER 2FURTHER CRITERIAAge4The regulations may make an individual's eligibility depend on the...Financial circumstances5The regulations may make an individual's eligibility depend on the...Receipt of, or eligibility for, other types of State assistance6The regulations may make an individual's eligibility depend on either...Application within specified period7The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENDomestic circumstances and age8The regulations may make the value of the cold-spell heating...Restriction on giving assistance in a form other than money9(1) The regulations may allow cold-spell heating assistance to be...PART 3FINAL PROVISIONSGenerality of enabling power unaffected10Nothing in this schedule, apart from the following provisions, is...Interpretation11In this schedule— “eligibility” means eligibility for cold-spell heating assistance...SCHEDULE 4WINTER HEATING ASSISTANCE REGULATIONSPART 1ELIGIBILITYResidence and presence1The regulations may make an individual's eligibility depend on the...Age2The regulations may make an individual's eligibility depend on the...Financial circumstances3Subject to paragraph 4, the regulations may not make an...Receipt of, or eligibility for, other types of State assistance4The regulations may make an individual's eligibility depend on either...Application within specified period5The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENDomestic circumstances and age6The regulations may make the value of the winter heating...Financial circumstances7Subject to paragraph 8, the regulations may not make the...Receipt of, or eligibility for, other types of State assistance8The regulations may make the value of assistance depend on...Restriction on giving assistance in a form other than money9(1) The regulations may allow winter heating assistance to be...PART 3FINAL PROVISIONSGenerality of enabling power unaffected10Nothing in this schedule, apart from the following provisions, is...Interpretation11In this schedule— “eligibility” means eligibility for winter heating assistance...SCHEDULE 5DISABILITY ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY1(1) The regulations must be framed so that (subject to...2(1) The regulations may be framed so that, despite the...CHAPTER 2FURTHER CRITERIANature and extent of disability and needs3The regulations may make an individual's eligibility depend on the...Residence and presence4The regulations may make an individual's eligibility depend on the...Age5The regulations may make an individual's eligibility depend on the...Financial circumstances6Subject to paragraph 7, the regulations may not make an...Receipt of, or eligibility for, other types of State assistance7The regulations may make an individual's eligibility depend on the...Application within specified period8The regulations may provide that an individual ceases to be...CHAPTER 3SPECIAL RULES FOR TERMINAL ILLNESS CASESNo minimum period9The regulations may not make the eligibility of an individual...No requirement for assessment10The regulations may not make the eligibility of an individual...Eligibility from date of application11The regulations must be framed so that an individual who...Entitlement to maximum amount12The regulations must be framed so that an individual who...PART 2ASSISTANCE TO BE GIVENCHAPTER 1VALUENature and extent of disability13The regulations may make the value of the disability assistance...Age14The regulations may make the value of the disability assistance...CHAPTER 2FORMMeeting liabilities15The regulations may provide for the disability assistance that is...Payment to someone else16The regulations may provide that, if the Scottish Ministers consider...Restriction on giving assistance in a form other than money17(1) The regulations may allow disability assistance to be given...Restriction on lump sums18The regulations may not provide for the disability assistance that...PART 3FINAL PROVISIONSGenerality of enabling power unaffected19Nothing in this schedule, apart from the following provisions, is...Interpretation20In this schedule— “eligibility” means eligibility for disability assistance and...SCHEDULE 6EARLY YEARS ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD1(1) The regulations must be framed so that an individual's...CHAPTER 2FURTHER CRITERIALimit to number of people entitled2The regulations may provide that an individual is not eligible,...Residence and presence3The regulations may make an individual's eligibility depend on the...Financial circumstances4The regulations may make an individual's eligibility depend on the...Receipt of, or eligibility for, other types of State assistance5The regulations may make an individual's eligibility depend on the...Application within specified period6The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENRestriction on giving assistance in a form other than money7(1) The regulations may allow early years assistance to be...PART 3FINAL PROVISIONSGenerality of enabling power unaffected8Nothing in this schedule, apart from the following provisions, is...Interpretation9In this schedule— “eligibility” means eligibility for early years assistance...SCHEDULE 7EMPLOYMENT-INJURY ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK1The regulations must be framed so that (subject to any...2(1) The regulations may be framed so that, despite the...3(1) The regulations are to define the following terms for...CHAPTER 2FURTHER CRITERIAPlace where injury suffered or disease contracted4The regulations may make an individual's eligibility depend on where,...Residence and presence5The regulations may make an individual's eligibility depend on the...Age6The regulations may make an individual's eligibility depend on the...Financial circumstances7Subject to paragraph 8, the regulations may not make an...Receipt of, or eligibility for, other types of State assistance8The regulations may make an individual's eligibility depend on the...Application within specified period9The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENCHAPTER 1VALUENature of injury or disease10The regulations may make the value of the employment-injury assistance...Age11The regulations may make the value of the employment-injury assistance...CHAPTER 2FORMMeeting liabilities12The regulations may provide for the employment-injury assistance that is...Restriction on giving assistance in a form other than money13(1) The regulations may allow employment-injury assistance to be given...Restriction on lump sums14The regulations may not provide for the employment-injury assistance that...PART 3FINAL PROVISIONSGenerality of enabling power unaffected15Nothing in this schedule, apart from the following provisions, is...Interpretation16In this schedule— “eligibility” means eligibility for employment-injury assistance, and...SCHEDULE 8FUNERAL EXPENSE ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES1(1) The regulations must be framed so that an individual's...CHAPTER 2FURTHER CRITERIALocation of the funeral2The regulations may make an individual's eligibility depend on where...Relationship with the deceased3The regulations may make an individual's eligibility depend on the...Value of deceased's estate4The regulations may make an individual's eligibility depend on the...Residence and presence5The regulations may make an individual's eligibility depend on either...Financial circumstances6The regulations may make an individual's eligibility depend on the...Receipt of, or eligibility for, other types of State assistance7The regulations may make an individual's eligibility depend on either...Application within specified period8The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVEN9The regulations may specify items of expense in relation to...10The regulations may set a limit on the value of...11The regulations may set a limit on the total value...12The regulations may provide for the amount of funeral expense...Restriction on giving assistance in a form other than money13(1) The regulations may allow funeral expense assistance to be...PART 3FINAL PROVISIONSGenerality of enabling power unaffected14Nothing in this schedule, apart from the following provisions, is...Interpretation15In this schedule— “deceased person” means the person in respect...SCHEDULE 9HOUSING ASSISTANCE REGULATIONSPART 1ELIGIBILITYCHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS1(1) Subject to sub-paragraph (2) and paragraph 2, the regulations...2(1) The regulations may be framed so that, despite the...CHAPTER 2FURTHER CRITERIAParticipation in education3The regulations may make an individual's eligibility depend on— Residence and presence4The regulations may make an individual's eligibility depend on the...Age5The regulations may make an individual's eligibility depend on the...Financial circumstances6The regulations may make an individual's eligibility depend on the...Receipt of, or eligibility for, other types of State assistance7The regulations may make an individual's eligibility depend on either...Application within specified period8The regulations may provide that an individual ceases to be...PART 2ASSISTANCE TO BE GIVENCHAPTER 1VALUECases where paragraph 1(3) conditions met9(1) The regulations must provide for the value of housing...Cases where paragraph 1(3) conditions not met10In a case to which paragraph 9 does not apply,...CHAPTER 2FORMMeeting liabilities11The regulations may provide for housing assistance that is to...Restriction on giving assistance in a form other than money12(1) The regulations may allow housing assistance to be given...PART 3FINAL PROVISIONSGenerality of enabling power unaffected13Nothing in this schedule, apart from the following provisions, is...Interpretation14In this schedule (unless stated otherwise)— “eligibility” means eligibility for...SCHEDULE 10SHORT-TERM ASSISTANCE REGULATIONSPART 1ELIGIBILITYEntitlement to other assistance being reviewed1(1) The regulations must be framed so that an individual...PART 2ASSISTANCE TO BE GIVENValue and form of assistance where entitlement to other assistance under review2(1) This paragraph applies to any case in which an...PART 3FINAL PROVISIONSGenerality of enabling power unaffected3Nothing in this schedule is to be taken to preclude...Interpretation4In this schedule, “the regulations” means regulations under section 36(2)....Social Security (Scotland) Act 20182018 asp 9The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th April 2018 and received Royal Assent on 1st June 2018An Act of the Scottish Parliament making provision about social security.
