Scotland Act 2016

25 Discretionary housing payments

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 5 (see section 24 above) insert—

• “Exception 6

  Providing financial assistance to an individual who—

  (a)

  is entitled to—

  (i)

  housing benefit, or

  (ii)

  any other reserved benefit payable in respect of a liability to make rent payments, and

  (b)

  appears to require financial assistance, in addition to any amount the individual receives by way of housing benefit or such other reserved benefit, to meet or help to meet housing costs.

  This exception does not except discretionary financial assistance in a reserved benefit.

  This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

  (a)

  the requirement for it also arises from some exceptional event or exceptional circumstances, and

  (b)

  the requirement for it is immediate.

  For the purposes of this exception—

  • “rent payments”—

    (a)

    has the meaning given from time to time by paragraph 2 of Schedule 1 to the Universal Credit Regulations 2013 (S.I. 2013/376) or any re-enactment of that paragraph, or

    (b)

    if at any time universal credit ceases to be payable to anyone, has the meaning given by that paragraph or any re-enactment of that paragraph immediately before that time;

  • “reserved benefit” means a benefit which is to any extent a reserved matter.”