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Social Security (Scotland) Act 2018
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Social Security (Scotland) Act 2018, SCHEDULE 6 is up to date with all changes known to be in force on or before 13 November 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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SCHEDULE 6SEARLY YEARS ASSISTANCE REGULATIONS
(introduced by section 32)
This schedule has no associated Explanatory Notes
PART 1 SELIGIBILITY
CHAPTER 1SELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD
1(1)The regulations must be framed so that an individual's eligibility depends on the individual satisfying one of the primary eligibility criteria.S
(2)The primary eligibility criteria are that the individual—
(a)is, or has been, more than a specified number of weeks pregnant,
(b)has a relationship of a specified kind to another individual who is, or has been, more than a specified number of weeks pregnant,
(c)is to, or has, become responsible for a child within a specified period of the child's birth,
(d)is responsible for a child when a specified event in the child's life occurs or has become responsible for the child within a specified period of the event.
(3)The regulations are to define what being responsible for a child means for the purpose of determining entitlement to early years assistance.
Commencement Information
I1Sch. 6 para. 1 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
CHAPTER 2SFURTHER CRITERIA
Limit to number of people entitledS
2SThe regulations may provide that an individual is not eligible, despite satisfying one of the primary eligibility criteria, on account of one of those criteria being satisfied in respect of the same child by someone else.
Commencement Information
I2Sch. 6 para. 2 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Residence and presenceS
3SThe regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.
Commencement Information
I3Sch. 6 para. 3 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Financial circumstancesS
4SThe regulations may make an individual's eligibility depend on the individual's financial circumstances.
Commencement Information
I4Sch. 6 para. 4 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Receipt of, or eligibility for, other types of State assistanceS
5SThe regulations may make an individual's eligibility depend on 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
I5Sch. 6 para. 5 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Application within specified periodS
6SThe regulations may provide that an individual ceases to be eligible on account of satisfying a primary eligibility criteria unless, by a deadline specified in the regulations—
(a)the individual has applied for early years assistance, or
(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to early years assistance by regulations under section 52.
Commencement Information
I6Sch. 6 para. 6 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
PART 2 SASSISTANCE TO BE GIVEN
Restriction on giving assistance in a form other than moneyS
7(1)The regulations may allow early years 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 early years assistance in a form other than money at any time.
Commencement Information
I7Sch. 6 para. 7 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
PART 3 SFINAL PROVISIONS
Generality of enabling power unaffectedS
8SNothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—
(a)Chapter 1 of Part 1,
(b)Part 2.
Commencement Information
I8Sch. 6 para. 8 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
InterpretationS
9SIn this schedule—
“eligibility” means eligibility for early years assistance and “eligible” means eligible for early years assistance,
“the regulations” means regulations under section 32(2),
“specified” means specified in the regulations.
Commencement Information
I9Sch. 6 para. 9 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
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