Children (Scotland) Act 1995

22 Promotion of welfare of children in need. S

(1) A local authority shall—

(a) safeguard and promote the welfare of children in their area who are in need; and

(b) so far as is consistent with that duty, promote the upbringing of such children by their families,

by providing a range and level of services appropriate to the children’s needs.

(2) In providing services under subsection (1) above, a local authority shall have regard so far as practicable to each child’s religious persuasion, racial origin and cultural and linguistic background.

(3) Without prejudice to the generality of subsection (1) above—

(a) a service may be provided under that subsection—

(i) for a particular child;

(ii) if provided with a view to safeguarding or promoting his welfare, for his family; or

(iii) if provided with such a view, for any other member of his family; and

(b) the services mentioned in that subsection may include giving assistance in kind or, in exceptional circumstances, in cash.

(4) Assistance such as is mentioned in subsection (3)(b) above may be given unconditionally or subject to conditions as to the repayment, in whole or in part, of it or of its value; but before giving it, or imposing such conditions, the local authority shall have regard to the means of the child concerned and of his parents and no condition shall require repayment by a person at any time when in receipt of—

(a) income supportor [F1 working families’ tax credit] payable under the M1 Social Security Contributions and Benefits Act 1992;

[F2 (aa) any element of child tax credit other than the family element or working tax credit;] or

(b) an income-based jobseeker’s allowance payable under the M2 Jobseekers Act 1995[F3 ; or

(c) an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).]

Textual Amendments

F1 Words in s. 22 substituted (5.10.1999) by 1999 c. 10, ss. 1(2), 20, Sch. 1 paras. 1, 6(j)

F2 S. 22(4)(aa) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 50; S.I. 2003/962, art. 2(3)(d)(iii) (subject to arts 3, 4)

F3 S. 22(4)(c) and word inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), ss. 28, 70, Sch. 3 para. 14; S.I 2008/787, {art. 2(4)(f)}

Modifications etc. (not altering text)

C1 S. 22 restricted (8.1.2003) by 2002 c. 41, art. 54, Sch. 3 para. 1(1)(i); S.I. 2002/2811, art. 2, Sch. (with arts. 3-6)

Marginal Citations

M1 1992 c.4.

M2 1995 c. 18.