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Social Security (Scotland) Act 2018

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PART 1SELIGIBILITY

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

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