- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
9.—(1) The Social Security (Claims and Payments) Regulations 1987(1) are amended as follows.
(2) In regulation 2(1) (interpretation)(2), after the definition of “the 2013 Regulations” insert—
““the 2018 Scotland Act” means the Social Security (Scotland) Act 2018;”.
(3) After regulation 33(1A) (persons unable to act)(3) insert—
“(1B) Where a natural person over the age of 18 has been appointed by the Scottish Ministers under a qualifying appointment pursuant to the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the individual), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).
(1C) In paragraph (1B), a qualifying appointment means—
(a)an appointment made under section 58(1) of the 2018 Scotland Act in a case where section 58(4) of that Act applies, or
(b)an appointment made under section 85B(1)(4) of the 2018 Scotland Act in a case where section 85B(7) of that Act applies.”.
(4) After regulation 43(1) (children) insert—
“(1A) Subject to paragraph (1B), where a person has been appointed by the Scottish Ministers under section 85A(1) of the 2018 Scotland Act(5) in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the child), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).
(1B) Paragraph (1A) does not apply if the person appointed by the Scottish Ministers does not satisfy the conditions in paragraph (2).”.
The definition of “the 2013 Regulations” was inserted by regulations 2(1) and (2) of S.I. 2013/1508.
Regulation 33(1A) was inserted by regulations 7(1) and 7(7)(b) of S.I. 2005/337, amended by regulation 5 of and Schedule 2 to S.I. 2006/217 and substituted by regulation 4 of and Schedule 2 to S.I. 2013/458.
Section 85B was inserted by section 2(4) of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18).
Section 85A was inserted by section 1 of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (2020 asp 18).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: