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Social Security (Scotland) Act 2018
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Social Security (Scotland) Act 2018,
PART 2
is up to date with all changes known to be in force on or before 11 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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Valid from 26/07/2021
PART 2 SASSISTANCE TO BE GIVEN
CHAPTER 1SVALUE
Prospective
Nature of injury or diseaseS
10SThe regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the—
(a)kind, and
(b)severity,
of the injury or disease in respect of which the assistance is to be given.
Prospective
AgeS
11SThe regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the individual's age.
Prospective
CHAPTER 2SFORM
Meeting liabilitiesS
12SThe regulations may provide for the employment-injury assistance that is to be given to an individual to be given (in whole or in part) by way of—
(a)payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,
(b)deduction from any liability the individual has to the Scottish Ministers under section 63.
Restriction on giving assistance in a form other than moneyS
13(1)The regulations may allow employment-injury 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 employment-injury assistance in a form other than money at any time.
(3)Despite sub-paragraph (1), the regulations may provide for employment-injury assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.
(4)For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.
Restriction on lump sumsS
14SThe regulations may not provide for the employment-injury assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual's entitlement arises on account of someone having, or having had—
(a)pneumoconiosis,
(b)byssinosis,
(c)diffuse mesothelioma,
(d)bilateral diffuse pleural thickening, or
(e)primary carcinoma of the lung where there is accompanying evidence of—
(i)asbestosis,
(ii)bilateral diffuse pleural thickening, or
(iii)both.
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