Social Security (Scotland) Act 2018 (asp 9)

[F1 SCHEDULE 11 S Suspension of assistance

(introduced by section 51)

Textual Amendments

F1 Sch. 11 inserted (26.7.2021) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 12(4), 18(2)(3); S.S.I. 2021/232, reg. 2(f)

Circumstances in which assistance may be suspended S

1 (1) The regulations may provide for an individual's assistance to be suspended in the following circumstances only— S

(a) under section 54(1A) the Scottish Ministers have issued a decision to suspend assistance to the individual due to a failure to provide information which the individual is yet to provide,

(b) where the Scottish Ministers have made arrangements (whether under section 85A, 85B or otherwise) for a person to receive the assistance on the individual's behalf, and the Ministers consider that it is necessary to suspend the assistance—

(i) in order to protect the individual from the risk of financial abuse,

(ii) because the person with whom the Ministers have made arrangements is unable to continue to receive the assistance, or

(iii) for any other reason specified in the regulations, or

(c) the individual has requested that the Scottish Ministers temporarily stop giving the assistance in question and is yet to request that they resume doing so.

(2) For the purpose of sub-sub-paragraph (1)(b), “financial abuse” includes—

(a) having money or other property stolen,

(b) being defrauded,

(c) being put under pressure in relation to money or other property,

(d) having money or other property misused.

Safeguards: requirement to consider financial circumstances before suspension S

2 S The regulations must require the Scottish Ministers, before suspending the assistance given to an individual, tohave regard to the financial circumstances of the individual.

Safeguards: right to review suspension S

3 S The regulations must confer a right on an individual whose assistance has been suspended to require the Scottish Ministers to review their decision to suspend the individual's assistance.

Safeguards: information to be given following suspension S

4 (1) The regulations must require the Scottish Ministers to inform an individual whose assistance they have suspended— S

(a) of their decision to suspend the individual's assistance,

(b) of the reasons for their decision,

(c) of any steps which might be taken by the individual in order for the Scottish Ministers to consider ending the suspension, and

(d) of the individual's right in accordance with the regulations to require the Scottish Ministers to review their decision to suspend the individual's assistance.

(2) The regulations must provide that the Scottish Ministers are to fulfil the duty described by sub-paragraph (1) in a way that leaves the individual with a record of the information which the individual can show to, or otherwise share with, others.

Safeguards: effect of suspension ending S

5 S The regulations must provide that when—

(a) the suspension of an individual's assistance ends, and

(b) under the latest determination of the individual's entitlement to the type of assistance in question, the individual would have become entitled to be given assistance during the period of the suspension,

the individual is immediately to be given under section 24 the assistance that the individual would have become entitled to be given under the determination during that period.

Generality of enabling power unaffected S

6 S Nothing in this schedule is to be taken to limit the provision that may be included in the regulations except to the extent stated.

Interpretation S

7 S In this schedule—

(a) references to an individual's assistance being suspended are to an individual, by virtue of the regulations, not becoming entitled to be given some or all of the assistance in respect of a period that the individual otherwise would at the time, or times, prescribed by regulations under section 51(2)(a),

(b) “the regulations” means regulations under section 51(1).]