Social Security (Scotland) Act 2018 Explanatory Notes

1. Introduction

2. Overview

   1. Part 1 (Tenets and Oversight)

      1. Scottish social security principles (sections 1 and 2)

      2. Scottish Ministers’ duty to promote take-up (sections 3 to 7)

      3. Strategy to promote take-up (sections 8 and 9)

      4. Right to advocacy and service standards (sections 10 and 11)

      5. Restriction on private-sector involvement in assessments (section 12)

      6. Assessors to be suitably qualified (section 13)

      7. Assessments only to be required where necessary (section 14)

      8. Scottish social security charter (sections 15 to 19)

      9. Annual report (section 20)

      10. Scottish Commission on Social Security (sections 21 and 22)

      11. Meaning of “Scottish social security system” (section 23)

   2. Part 2 (Giving of Assistance by Scottish Ministers)

      1. Chapter 1 (Assistance to be given according to determination of entitlement)

         1. The duty to give assistance

         2. Who determines entitlement?

         3. How is entitlement determined?

         4. Ongoing entitlement

         5. Later determination supersedes earlier

      2. Chapter 2 (Types of assistance to be given)

      3. Chapter 3 (Determining entitlement)

         1. Determination by the Scottish Ministers

         2. Re-determination by the Scottish Ministers

         3. Appeal against the Scottish Minsters’ determination

         4. The determination of entitlement

      4. Chapter 4 (Further provision about determining entitlement)

         1. Identifying possible eligibility

         2. Obtaining information to make determination

         3. Appointees

         4. Support during discussions and assessments

         5. Access to reports

         6. Right to appeal Scottish Ministers’ process decisions

         7. Presumption about when information is received

      5. Chapter 5 (Recovery of value of assistance)

         1. Assistance given in error

         2. Liability of deceased’s estate for funeral expense assistance

      6. Chapter 6 (Offences and investigations)

      7. Chapter 7 (Uprating for inflation)

   3. Part 3 (Supplementing Assistance under Other Enactments)

      1. Top up of reserved benefits

      2. Carer’s Allowance: temporary provision

   4. Part 4 (Further Provision in Connection With Parts 2 and 3)

      1. Inalienability of assistance

      2. Information-sharing

      3. Agency arrangements for housing assistance

      4. Monitoring of appeal process

   5. Part 5 (Discretionary Housing Payments)

   6. Part 6 (Universal Credit: Payment to Joint Claimants)

   7. Part 7 (Final Provisions)

      1. Ancillary provision

      2. Parliamentary scrutiny of subordinate legislation

      3. Commencement

      4. Short title

3. Parliamentary History