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Social Security (Scotland) Act 2018
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Changes to legislation:
Social Security (Scotland) Act 2018, SCHEDULE 4 is up to date with all changes known to be in force on or before 16 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Schedule 4:
- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
- s. 85D inserted by 2020 asp 18 s. 2(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
- s. 85D inserted by 2020 asp 18 s. 2(6)
SCHEDULE 4SWINTER HEATING ASSISTANCE REGULATIONS
(introduced by section 30)
This schedule has no associated Explanatory Notes
PART 1SELIGIBILITY
Residence and presenceS
1SThe regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.
Commencement Information
I1Sch. 4 para. 1 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
AgeS
2SThe regulations may make an individual's eligibility depend on the age of either or both―
(a)the individual, and
(b)anyone who lives with the individual.
Commencement Information
I2Sch. 4 para. 2 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Financial circumstancesS
3SSubject to paragraph 4, the regulations may not make an individual's eligibility depend on the financial circumstances of either or both—
(a)the individual, and
(b)anyone who lives with the individual.
Commencement Information
I3Sch. 4 para. 3 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Receipt of, or eligibility for, other types of State assistanceS
4SThe regulations may make an individual's eligibility depend on either or both the individual and anyone who lives with the individual—
(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),
(b)being, or not being, eligible or entitled to receive such assistance.
Commencement Information
I4Sch. 4 para. 4 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Application within specified periodS
5SThe regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—
(a)the individual has applied for winter heating assistance in respect of the period, or
(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to winter heating assistance in respect of the period by regulations under section 52.
Commencement Information
I5Sch. 4 para. 5 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
PART 2SASSISTANCE TO BE GIVEN
Domestic circumstances and ageS
6SThe regulations may make the value of the winter heating assistance that is to be given to an individual depend on―
(a)whether or not other people live with the individual,
(b)the age of either or both—
(i)the individual, and
(ii)anyone who lives with the individual.
Commencement Information
I6Sch. 4 para. 6 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Financial circumstancesS
7SSubject to paragraph 8, the regulations may not make the value of the winter heating assistance that is to be given to an individual depend on the financial circumstances of either or both—
(a)the individual, and
(b)anyone who lives with the individual.
Commencement Information
I7Sch. 4 para. 7 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Receipt of, or eligibility for, other types of State assistanceS
8SThe regulations may make the value of assistance depend on either or both the individual and anyone who lives with the individual—
(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),
(b)being, or not being, eligible to receive such assistance.
Commencement Information
I8Sch. 4 para. 8 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
Restriction on giving assistance in a form other than moneyS
9(1)The regulations may allow winter heating assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.S
(2)If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given winter heating assistance in a form other than money at any time.
Commencement Information
I9Sch. 4 para. 9 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
PART 3SFINAL PROVISIONS
Generality of enabling power unaffectedS
10SNothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—
(a)paragraph 3 in Part 1,
(b)paragraphs 7 and 9 in Part 2.
Commencement Information
I10Sch. 4 para. 10 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
InterpretationS
11SIn this schedule—
“eligibility” means eligibility for winter heating assistance and “eligible” means eligible for winter heating assistance,
“the regulations” means regulations under section 30(2).
Commencement Information
I11Sch. 4 para. 11 in force at 1.9.2020 by S.S.I. 2020/127, reg. 2(2)(b)
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