The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023

Transitional provisions – treatment of applications made but not approved when these Regulations come into force

3.—(1) Where an application for benefit under the principal Regulations is—

(i) made before the appointed day, and

(ii) decided on or after that day,

paragraph (2) applies.

(2) Despite the amendments to the principal Regulations made by these Regulations, the principal Regulations, as they applied immediately before the appointed day, continue to have effect and are to apply subject to the modifications specified in paragraph (3).

(3) The modifications are—

(a) that—

(i) an individual is not to be regarded as having been awarded a kind of assistance mentioned in regulation 10 of the principal regulations for a day or period if—

(aa) the sum awarded was made in error (whether or not induced by the individual), or

(bb) the sum awarded to the individual for the day or period is £0, and

(ii) in sub-paragraph (a) the reference to “the sum awarded” means, in a case where a deduction has been made—

(aa) in respect of any liability the individual has to another person, or

(bb) by way of sanction,

the sum that would have been awarded had the deduction not been made.

(b) that despite regulation 11 of the principal Regulations—

(i) the Scottish Ministers may, where they consider it appropriate, give the benefit to another person (“the appropriate person”) to be used for the benefit of the beneficiary, and

(ii) the Scottish Ministers may cease giving the benefit to the appropriate person where they consider, for any reason, that it is no longer appropriate for that person to continue to receive the benefit,

(c) that regulation 12A of the principal Regulations (appointment of a person to act on behalf of an individual) applies as if—

(i) in paragraph (2) for “(3) or (4)” there were substituted “(3), (4) or (4A)”,

(ii) after paragraph (4) insert there were inserted—

“(4A) This paragraph applies if—

(a) the individual is under 16 years of age, and

(b) it appears to the Scottish Ministers that there is no person who—

(i) has authority to act on behalf of the individual,

(ii) resides with, and has care of, the individual, and

(iii) is willing, and practicably able, to act on the individual’s behalf in relation to the matters mentioned in paragraph (1).”,

(iii) in paragraph (6) after “individual” where it first appears there were inserted “who is 16 years of age or over”,

(iv) after paragraph (6) there were inserted—

“(6A) Where an appointee is appointed to act on behalf of an individual who is under 16 years of age—

(a) the appointee can do anything that a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual’s entitlement to benefit could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

(b) the Scottish Ministers may request that the appointee provide them with information that they might otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

(c) any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.”,

(v) after paragraph (9) there were inserted—

“(9A) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4A), or to terminate such appointment, if requested to do so by—

(a) the individual, or

(b) anyone else who appears to Ministers to—

(i) have authority to act on behalf of the individual,

(ii) reside with, and have care of the individual, or

(iii) have an interest in the welfare or financial affairs of the individual.”,

(vi) in paragraph (10) after “(4)” there were inserted “or (4A)”,

(vii) in paragraph (11)—

(aa) in sub-paragraph (a) there were omitted “and”, and

(bb) after sub-paragraph (b) there were inserted—

“(c) where the individual is under 16 years of age, the views of anyone who is a relevant person in relation to the individual within the meaning of section 200 of the Children’s Hearings (Scotland) Act 2011.”,

(viii) after paragraph (12) there were inserted—

“(12A) A person appointed by the Scottish Ministers under and in accordance with section 85A(1) of the 2018 Act may be treated by them as an appointee of an individual under 16 years of age in connection with the determination of the individual’s entitlement to benefit under these Regulations.”,

(d) that despite regulation 12 of the principal Regulations, the person to whom the benefit is given must inform the Scottish Ministers of a change of circumstances affecting a beneficiary’s entitlement to benefit,

(e) that despite regulation 14 of the principal Regulations, where the Scottish Ministers consider it appropriate, they may pay the beneficiary an amount equal to the value on the payment card mentioned in regulation 14.

(4) In this regulation—

(a) “Best Start Foods” means the types of food described in column 2 of the table in schedule 1 of the principal Regulations, and

(b) reference to a regulation of the principal Regulations is reference to the principal Regulations as they applied immediately before the appointed day.

(1)

Section 85A was inserted by sections 1(2) of the 2020 Act.