2013 No. 137
Social Security

The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013

Made
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 to 3 of the Welfare Reform (Further Provision) (Scotland) Act 20121 and all other powers enabling them to do so.

In accordance with sections 1(3)(a) and 2(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

PART 1Introductory

Citation and commencement1.

These Regulations may be cited as the Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 and come into force on 29th April 2013.

PART 2Amendment of primary legislation

Social Work (Scotland) Act 19682.

In section 78(2A) of the Social Work (Scotland) Act 19682 (duty to make contributions in respect of children in care etc.), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 20123,”.

Legal Aid (Scotland) Act 19863.

(1)

The Legal Aid (Scotland) Act 19864 is amended as follows.

(2)

In section 8(b)5 (availability of advice and assistance), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”.

(3)

In section 11(2)(b)6 (clients’ contributions), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”.

Housing (Scotland) Act 19884.

In section 18 of the Housing (Scotland) Act 19887 (orders for possession)—

(a)

in subsection (3A)(b), after “benefit” insert “or relevant universal credit”;

(b)

in subsection (4A), after “benefit” insert “or relevant universal credit”; and

(c)

in subsection (8)—

(i)

after paragraph (a), insert—

“(aa)

“relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent;”; and

(ii)

in paragraph (b), after “benefit” insert “or relevant universal credit”.

Children (Scotland) Act 19955.

In section 22(4) of the Children (Scotland) Act 19958 (promotion of welfare of children in need), after “receipt of–” insert—

“(za)

universal credit under Part 1 of the Welfare Reform Act 2012;”.

Adults with Incapacity (Scotland) Act 20006.

(1)

The Adults with Incapacity (Scotland) Act 20009 is amended as follows.

(2)

In section 39(1)(a)10 (matters which may be managed), for “or Part 1 of the Welfare Reform Act 200711” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”.

(3)

In section 41(a)12 (duties and functions of managers of authorised establishment), for “or Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”.

Housing (Scotland) Act 20067.

In paragraph 6(5) of schedule 2 to the Housing (Scotland) Act 200613 (recording and notification of decisions), after “housing benefit” in each place where these words occur insert “or universal credit”.

PART 3Amendment of secondary legislation

High Court of Justiciary Fees Order 19848.

In article 2A of the High Court of Justiciary Fees Order 198414 (exemption of certain persons from fees), after paragraph (b) insert—

“(ba)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.

Advice and Assistance (Scotland) Regulations 19969.

(1)

The Advice and Assistance (Scotland) Regulations 199615 are amended as follows.

(2)

In regulation 4(a) (applications for advice and assistance), after “support allowance” insert “, universal credit”.

(3)

In regulation 16(2)(a) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (x) insert—

“(xi)

by way of universal credit under Part 1 of the Welfare Reform Act 2012.”.

(4)

In paragraph 5(d) of Schedule 2 (assessment of disposable capital and income), after head (k) insert—

“(l)

universal credit”.

Sheriff Court Fees Order 199710.

In article 7(1) of the Sheriff Court Fees Order 199716 (exemption of certain persons from fees), after sub-paragraph (b) insert—

“(ba)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.

Court of Session etc. Fees Order 199711.

In article 5 of the Court of Session etc. Fees Order 199717 (exemption of certain persons from fees), after paragraph (b) insert—

“(ba)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.

National Health Service (Optical Charges and Payments) (Scotland) Regulations 199812.

(1)

The National Health Service (Optical Charges and Payments) (Scotland) Regulations 199818 are amended as follows.

(2)

In regulation 1(2) (interpretation), after the definition of “tax credit” insert—

““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;”.

(3)

In regulation 8(3) (eligibility – supply of optical appliances)—

(a)

omit “or” immediately after sub-paragraph (o); and

(b)

at the end of sub-paragraph (p), insert—

“; or

(q)

he is in receipt of universal credit.”.

Civil Legal Aid (Scotland) Regulations 200213.

(1)

The Civil Legal Aid (Scotland) Regulations 200219 are amended as follows.

(2)

In regulation 33(a) (payments out of property recovered or preserved: exceptions), after sub-paragraph (xii) insert—

“(xiii)

by way of universal credit under Part 1 of the Welfare Reform Act 2012”.

(3)

In paragraph 5 of Schedule 2 (rules for computing disposable income), after sub-paragraph (f) insert—

“(g)

universal credit paid under Part 1 of the Welfare Reform Act 2012”.

(4)

In paragraph 7 of Schedule 3 (rules for computing disposable capital), after “support allowance” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.

Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 200314.

In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 200320 (the severely mentally impaired)—

(a)

omit “and” immediately after sub-paragraph (k); and

(b)

at the end of sub-paragraph (l), insert—

“; and

(m)

universal credit under Part 1 of the Welfare Reform Act 2012”.

National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 200315.

(1)

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 200321 are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “trade dispute” insert—

““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;”.

(3)

In regulation 4(2) (description of persons entitled to full remission and payment), after sub-paragraph (b) insert—

“(ba)

a person who is in receipt of universal credit;”.

Support and Assistance of Young People Leaving Care (Scotland) Regulations 200316.

In regulation 13(6)(a) of the Support and Assistance of Young People Leaving Care (Scotland) Regulations 200322 (manner in which financial assistance is provided), after “allowance” insert “, universal credit”.

Education Maintenance Allowances (Scotland) Regulations 200717.

In paragraph 3(e) of Schedule 2 to the Education Maintenance Allowances (Scotland) Regulations 200723 (ordinary residence), after “income support” insert “, universal credit”.

Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 200818.

In regulation 2(2) of the Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 200824 (debtor’s weekly income), after “2002” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.

Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 200819.

(1)

The Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 200825 are amended as follows.

(2)

In regulation 2 (interpretation), after the definition of “subsidised loan” insert—

““universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012.”.

(3)

In regulation 4(3) (minimum percentage grant), after sub-paragraph (b) insert—

“(ba)

universal credit;”.

Adoption Support Services and Allowances (Scotland) Regulations 200920.

(1)

The Adoption Support Services and Allowances (Scotland) Regulations 200926 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit “and” immediately after the definition of “jobseeker’s allowance”; and

(b)

after the definition of “kinship carer”, insert—

““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.”.

(3)

In regulation 14(c) (termination of adoption allowances), after “support” insert “, universal credit”.

Individual Learning Account (Scotland) Regulations 201121.

In regulation 3(6)(b) of the Individual Learning Account (Scotland) Regulations 201127 (qualifying persons)—

(a)

omit “or” immediately after head (vi); and

(b)

at the end of head (vii), insert—

“; or

(viii)

universal credit payable under Part 1 of the Welfare Reform Act 2012”.

Justice of the Peace Court Fees (Scotland) Order 201222.

In article 3(1) of the Justice of the Peace Court Fees (Scotland) Order 201228, after sub-paragraph (b) insert—

“(ba)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.

NICOLA STURGEON
A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to various pieces of existing legislation in consequence of the introduction of the benefit known as universal credit under Part 1 of the Welfare Reform Act 2012. Part 2 of the Regulations makes amendments of primary legislation and Part 3 of the Regulations makes amendments of secondary legislation.