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.