Search Legislation

The Social Security (Scotland) Act 2018 (Commencement No. 10 and Transitional Provision) Regulations 2024

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring sections 88, 89, 90, 91, 92, and 93 of the Social Security (Scotland) Act 2018 (“the 2018 Act”) into force on 1 April 2024 and make transitional provision.

Section 88 empowers local authorities to financially assist qualifying individuals in their housing costs. Subsection (2) defines “qualifying individual”. Subsection (3) defines the qualifying benefits required to receive this assistance and subsection (4) explains methods by which the assistance may be given.

Section 89 imposes restrictions on the use of the power to make discretionary housing payments.

Section 90 requires each local authority to publicise its discretionary housing payment scheme.

Section 91 requires local authorities to have regard to any guidance issued by the Scottish Ministers about the exercise of their power to make discretionary housing payments and makes further provision about the issuing of that guidance. Section 91 was partially commenced on 1 April 2020 by virtue of the Social Security (Scotland) Act 2018 (Commencement No. 6) Regulations 2020 (S.S.I. 2020/75) to enable the Scottish Ministers to consult in accordance with subsection (4). These Regulations commence section 91 insofar as it was not already in force.

Section 92 allows the Scottish Ministers to give grants to local authorities for the purpose of running discretionary housing payment schemes and makes further provision about the use of those grants.

Section 93 enables the Scottish Ministers to amend section 88 to allow for changes to the legislation relating to housing benefit or universal credit, or should other reserved benefits be created to assist persons with their housing costs.

Regulation 3 ensures that relevant rights and liabilities accrued under the revoked Discretionary Financial Assistance Regulations 2001 are treated as being accrued under Part 5 of the 2018 Act, to enable a relevant authority to make decisions in respect of ongoing claims and reviews and to make, cancel or recover payments.

The Bill for the 2018 Act received Royal Assent on 1 June 2018. Part 7 of that Act (sections 95 to 100: final provisions) came into force the following day.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources