xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 TENETS AND OVERSIGHT
Principles
1.The Scottish social security principles
2.Effect of the principles
Promotion of take-up
3.Scottish Ministers' duty to promote take-up
4.Recognition of importance of inclusive communication
5.Recognition of importance of accessible information
6.Recognition of importance of independent information, advice and advocacy
7.Recognition of importance of available data
8.Strategy to promote take-up
9.Further provision about preparing strategies to promote take-up
Advocacy
10.Right to advocacy
11.Advocacy service standards
Assessments
12.Restriction on private-sector involvement in assessments
13.Assessors to be suitably qualified
14.Assessments only to be required where necessary
Charter
15.The Scottish social security charter
16.Preparing the first charter
17.Publication of the charter
18.Reviewing the charter
19.Effect of the charter
Accountability
20.Annual report
21.Scottish Commission on Social Security
22.Commission functions
Interpretation
23.Meaning of “Scottish social security system”
PART 2 GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 1 ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT
24.Duty to give assistance
25.Meaning of “determination of entitlement”
26.Individual's right to stop receiving assistance
27.Later determination supersedes earlier
CHAPTER 2 TYPES OF ASSISTANCE TO BE GIVEN
28.Carer's assistance
29.Cold-spell heating assistance
30.Winter heating assistance
31.Disability assistance
32.Early years assistance
33.Employment-injury assistance
34.Funeral expense assistance
35.Housing assistance
36.Short-term assistance
CHAPTER 3 DETERMINING ENTITLEMENT
Determination by the Scottish Ministers
37.Duty to make determination
38.Application for assistance
39.Withdrawal of application
40.Notice of determination
Re-determination by the Scottish Ministers
41.Right to request re-determination
42.Late request for re-determination
43.Duty to re-determine
44.Notice of re-determination
45.Notice where re-determination not made timeously
Appeal against the Scottish Ministers' determination
46.Right to appeal to First-tier Tribunal against determination
47.Initiating an appeal
48.Deadline for appealing
49.First-tier Tribunal's power to determine entitlement
The determination of entitlement
50.Decisions comprising determination
51.Determination on basis of ongoing entitlement
52.Determination without application
Coronavirus: relaxation of deadlines
52A.Re-determination and appeal deadlines
52B.Applications for assistance
CHAPTER 4 FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT
Identifying possible eligibility
53.Duty to inform about possible eligibility
Obtaining information to make determination
54.Obligation to provide information on request
55.Requirement to justify assessment requests
56.Duty to notify change of circumstances
57.Lifting of duty to notify change of circumstances
Appointees
58.Appointment of person to act on behalf of individual
Support during discussions and assessments
59.Right to support
Access to reports
60.Right to reports used in determining entitlement
Right to appeal Scottish Ministers' process decisions
61.Appeal to First-tier Tribunal against process decisions
Presumption about when information is received
62.Presumption for purposes of sections 41, 48 and 61
Non-disclosure of health information
62A.Non-disclosure of information about individual's health
CHAPTER 5 RECOVERY OF VALUE OF ASSISTANCE
Assistance given in error
63.Liability for assistance given in error
64.Exclusion from liability
65.Consideration for debtor's circumstances
66.Prescription of liability
67.Exclusion of other rights of recovery
68.First-tier Tribunal's jurisdiction
69.Liability where assistance given for period after death
Funeral expense assistance
70.Liability of deceased's estate
CHAPTER 6 OFFENCES
...
71.Offence of trying to obtain assistance by deceit
72.Offence of failing to notify
73.Offence of causing a failure to notify
74.Individual culpability for offending by an organisation
75.Power to make provision about investigations
76.Code of practice on investigations
... ...
77.Duty to consider effects of inflation
78.Duty to uprate carer's, disability, employment-injury and funeral expense assistance
PART 3 SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS
Top up of reserved benefits
79.Power to provide for top up
80.Restrictions on power
80A.Default provision in respect of offences
Carer's allowance: temporary provision
81.Carer's allowance supplement
82.Power to repeal temporary provision
PART 4 FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3
Inalienability of assistance
83.No assignation or charge
84.Retention of right to assistance on bankruptcy etc.
Investigations
84A.Power to make provision about investigations
84B. Code of practice on investigations
84C.Duty to inform about possible eligibility
Information-sharing
85.Information-sharing
85A.Appointment of person to act on behalf of child
85B.Appointment of person to act in other circumstances
85C.Guidelines for decisions about appointees
Agency arrangements
86.Agency arrangements for housing assistance
Uprating for inflation
86A.Duty to consider effects of inflation
86B.Duty to uprate certain types of assistance
Monitoring of appeal process
87.Report to the Scottish Parliament on exercise of right to appeal
Assistance given in error: First-tier Tribunal's jurisdiction
87A.Power to transfer jurisdiction from sheriff to tribunal
PART 5 DISCRETIONARY HOUSING PAYMENTS
88.Local authorities' power to make payments
89.Restrictions on power to make payments
90.Local authorities' duty to provide information about payments
91.Guidance
92.Local authorities need not make payments if not funded
93.Power to modify section 88
PART 6 UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS
94.Universal credit: payment to joint claimants
PART 7 FINAL PROVISIONS
95.Ancillary provision
96.Regulation-making powers
97.Further procedure for regulations about assistance
98.Temporary disapplication of section 97
99.Commencement
100.Short title
SCHEDULE 1
SCOTTISH COMMISSION ON SOCIAL SECURITY
PART 1 OPERATION AND COMPOSITION OF THE COMMISSION
CHAPTER 1 STATUS
Independence
1.(1) In performing its functions, the Scottish Commission on Social...
Exclusion of Crown status
2.The Commission— (a) is not a servant or agent of...
CHAPTER 2 POWERS
General powers
3.The Commission may do anything which appears to it—
Access to information
4.(1) The Commission— (a) has a right of access at...
CHAPTER 3 PROCEDURE
Committees
5.(1) The Commission may establish committees and sub-committees.
Regulation of procedure
6.The Commission may regulate its own procedure (including quorum) and...
Authority to perform functions
7.(1) The Commission may authorise— (a) any of its members,...
Validity of things done
8.The validity of anything done by the Commission, its committees...
CHAPTER 4 FINANCE
Remuneration and expenses of members
9.(1) The Commission's members are entitled to be paid by...
Expenses of non-members
10.(1) A person who attends a meeting of the Commission...
Resources
11.The Scottish Ministers are to provide the Commission with such...
Accounts and audit
12.(1) The Commission must— (a) keep proper accounts and accounting...
CHAPTER 5 MEMBERSHIP
Number of members
13.(1) The Commission is to consist of—
Appointment of members
14.(1) The Scottish Ministers are to appoint the Commission's members....
Tenure and other terms and conditions
15.(1) A person's membership of the Commission continues until the...
Early termination
16.(1) A member of the Commission may resign by giving...
Disqualification grounds
17.(1) A person is disqualified from being a member of...
PART 2 APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES
Ethical Standards in Public Life etc. (Scotland) Act 2000
18.In schedule 3 of the Ethical Standards in Public Life...
Freedom of Information (Scotland) Act 2002
19.In schedule 1 of the Freedom of Information (Scotland) Act...
Public Appointments and Public Bodies etc. (Scotland) Act 2003
20.In schedule 2 of the Public Appointments and Public Bodies...
Public Services Reform (Scotland) Act 2010
21.In schedule 5 of the Public Services Reform (Scotland) Act...
SCHEDULE 2
CARER'S ASSISTANCE REGULATIONS
PART 1 ELIGIBILITY
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER
1.(1) The regulations must be framed so that (subject to...
2.(1) The regulations may be framed so that, despite the...
CHAPTER 2 FURTHER CRITERIA
Carer's other activities
3.The regulations may make an individual's eligibility depend on—
Multiple carers
4.The regulations may make an individual's eligibility depend on being...
Residence and presence
5.The regulations may make an individual's eligibility depend on either...
Age
6.The regulations may make an individual's eligibility depend on the...
Financial circumstances
7.The regulations may make an individual's eligibility depend on the...
Receipt of, or eligibility for, other types of State assistance
8.The regulations may make an individual's eligibility depend on the...
Application within specified period
9.The regulations may provide that an individual ceases to be...
PART 2 ASSISTANCE TO BE GIVEN
Meeting liabilities
10.The regulations may provide for the carer's assistance that is...
Restriction on giving assistance in a form other than money
11.(1) The regulations may allow carer's assistance to be given...
Power to set value of assistance as nil
11A.(1) Provision may be made in the regulations for the...
PART 3 FINAL PROVISIONS
Generality of enabling power unaffected
12.Nothing in this schedule, apart from the following provisions, is...
13.In this schedule— “cared-for person” means the individual by providing...
SCHEDULE 3
COLD-SPELL HEATING ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL
1.The regulations must be framed so that (subject to any...
3.The regulations are to set out, for the purpose of...
4.The regulations may make an individual's eligibility depend on the...
5.The regulations may make an individual's eligibility depend on the...
6.The regulations may make an individual's eligibility depend on either...
7.The regulations may provide that an individual ceases to be...
Domestic circumstances and age
8.The regulations may make the value of the cold-spell heating...
9.(1) The regulations may allow cold-spell heating assistance to be...
10.Nothing in this schedule, apart from the following provisions, is...
11.In this schedule— “eligibility” means eligibility for cold-spell heating assistance...
SCHEDULE 4
WINTER HEATING ASSISTANCE REGULATIONS
1.The regulations may make an individual's eligibility depend on the...
2.The regulations may make an individual's eligibility depend on the...
3.Subject to paragraph 4, the regulations may not make an...
4.The regulations may make an individual's eligibility depend on either...
5.The regulations may provide that an individual ceases to be...
6.The regulations may make the value of the winter heating...
7.Subject to paragraph 8, the regulations may not make the...
8.The regulations may make the value of assistance depend on...
9.(1) The regulations may allow winter heating assistance to be...
11.In this schedule— “eligibility” means eligibility for winter heating assistance...
SCHEDULE 5
DISABILITY ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY
Nature and extent of disability and needs
3.The regulations may make an individual's eligibility depend on the...
6.Subject to paragraph 7, the regulations may not make an...
8.The regulations may provide that an individual ceases to be...
CHAPTER 3 SPECIAL RULES FOR TERMINAL ILLNESS CASES
No minimum period
9.The regulations may not make the eligibility of an individual...
No requirement for assessment
10.The regulations may not make the eligibility of an individual...
Eligibility from date of application
11.The regulations must be framed so that an individual who...
Entitlement to maximum amount
12.The regulations must be framed so that an individual who...
CHAPTER 1 VALUE
Nature and extent of disability
13.The regulations may make the value of the disability assistance...
14.The regulations may make the value of the disability assistance...
14A.(1) Provision may be made in the regulations for the...
CHAPTER 2 FORM
15.The regulations may provide for the disability assistance that is...
Payment to someone else
16.The regulations may provide that, if the Scottish Ministers consider...
17.(1) The regulations may allow disability assistance to be given...
Restriction on lump sums
18.The regulations may not provide for the disability assistance that...
19.Nothing in this schedule, apart from the following provisions, is...
20.In this schedule— “eligibility” means eligibility for disability assistance and...
SCHEDULE 6
EARLY YEARS ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY 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...
Limit to number of people entitled
2.The regulations may provide that an individual is not eligible,...
6.The regulations may provide that an individual ceases to be...
7.(1) The regulations may allow early years assistance to be...
8.Nothing in this schedule, apart from the following provisions, is...
9.In this schedule— “eligibility” means eligibility for early years assistance...
SCHEDULE 7
EMPLOYMENT-INJURY ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK
3.(1) The regulations are to define the following terms for...
Place where injury suffered or disease contracted
4.The regulations may make an individual's eligibility depend on where,...
7.Subject to paragraph 8, the regulations may not make an...
Nature of injury or disease
10.The regulations may make the value of the employment-injury assistance...
11.The regulations may make the value of the employment-injury assistance...
12.The regulations may provide for the employment-injury assistance that is...
13.(1) The regulations may allow employment-injury assistance to be given...
14.The regulations may not provide for the employment-injury assistance that...
15.Nothing in this schedule, apart from the following provisions, is...
16.In this schedule— “eligibility” means eligibility for employment-injury assistance, and...
SCHEDULE 8
FUNERAL EXPENSE ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES
Location of the funeral
2.The regulations may make an individual's eligibility depend on where...
Relationship with the deceased
Value of deceased's estate
7.The regulations may make an individual's eligibility depend on either...
9.The regulations may specify items of expense in relation to...
10.The regulations may set a limit on the value of...
11.The regulations may set a limit on the total value...
12.The regulations may provide for the amount of funeral expense...
13.(1) The regulations may allow funeral expense assistance to be...
14.Nothing in this schedule, apart from the following provisions, is...
15.In this schedule— “deceased person” means the person in respect...
SCHEDULE 9
HOUSING ASSISTANCE REGULATIONS
CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS
1.(1) Subject to sub-paragraph (2) and paragraph 2, the regulations...
Participation in education
Cases where paragraph 1(3) conditions met
9.(1) The regulations must provide for the value of housing...
Cases where paragraph 1(3) conditions not met
10.In a case to which paragraph 9 does not apply,...
10A.(1) Provision may be made in the regulations for the...
11.The regulations may provide for housing assistance that is to...
12.(1) The regulations may allow housing assistance to be given...
13.Nothing in this schedule, apart from the following provisions, is...
14.In this schedule (unless stated otherwise)— “eligibility” means eligibility for...
SCHEDULE 10
SHORT-TERM ASSISTANCE REGULATIONS
Entitlement to other assistance being reviewed
1.(1) The regulations must be framed so that an individual...
Value and form of assistance where entitlement to other assistance under review
2.(1) This paragraph applies to any case in which an...
3.Nothing in this schedule is to be taken to preclude...
4.In this schedule, “the regulations” means regulations under section 36(2)....
SCHEDULE 11
Suspension of assistance
Circumstances in which assistance may be suspended
1.(1) The regulations may provide for an individual's assistance to...
Safeguards: requirement to consider financial circumstances before suspension
2.The regulations must require the Scottish Ministers, before suspending the...
Safeguards: right to review suspension
3.The regulations must confer a right on an individual whose...
Safeguards: information to be given following suspension
4.(1) The regulations must require the Scottish Ministers to inform...
Safeguards: effect of suspension ending
5.The regulations must provide that when— (a) the suspension of...
6.Nothing in this schedule is to be taken to limit...
7.In this schedule— (a) references to an individual's assistance being...