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- Point in Time (01/04/2017)
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Version Superseded: 17/05/2017
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There are currently no known outstanding effects for the Scotland Act 1998, Cross Heading: Head F – Social Security.
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Section F1.
Schemes supported from central or local funds which provide assistance for social security purposes to or in respect of individuals by way of benefits.
Requiring persons to—
establish and administer schemes providing assistance for social security purposes to or in respect of individuals, or
make payments to or in respect of such schemes,
and to keep records and supply information in connection with such schemes.
The circumstances in which a person is liable to maintain himself or another for the purposes of the enactments relating to social security and the Child Support Acts 1991 and 1995.
The subject-matter of the Vaccine Damage Payment Scheme.
Illustrations
National Insurance; Social Fund; F1... recovery of benefits for accident, injury or disease from persons paying damages; deductions from benefits for the purpose of meeting an individual’s debts; sharing information between government departments for the purposes of the enactments relating to social security; making decisions for the purposes of schemes mentioned in the reservation and appeals against such decisions.
Exceptions
[F2Exception 3]
The subject-matter of Part II of the Social Work (Scotland) Act 1968 (social welfare services), section 2 of the Chronically Sick and Disabled Persons Act 1970 (provision of welfare services), section 50 of the Children Act 1975 (payments towards maintenance of children), section 15 of the Enterprise and New Towns (Scotland) Act 1990 (industrial injuries benefit), and sections 22 (promotion of welfare of children in need), 29 and 30 (advice and assistance for young persons formerly looked after by local authorities) of the Children (Scotland) Act 1995.
[F3Exception 5
Providing financial assistance to an individual who—
is entitled to a reserved benefit, and
appears to require financial assistance, in addition to any amount the individual receives by way of reserved benefit, for the purpose, or one of the purposes, for which the benefit is being provided.
This exception does not except discretionary financial assistance in a reserved benefit.
This exception also does not except providing financial assistance to meet or help to meet housing costs (as to which, see exception 6).
This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—
the requirement for it also arises from some exceptional event or exceptional circumstances, and
the requirement for it is immediate.
For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter. ]
[F4Exception 6
Providing financial assistance to an individual who—
is entitled to—
housing benefit, or
any other reserved benefit payable in respect of a liability to make rent payments, and
appears to require financial assistance, in addition to any amount the individual receives by way of housing benefit or such other reserved benefit, to meet or help to meet housing costs.
This exception does not except discretionary financial assistance in a reserved benefit.
This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—
the requirement for it also arises from some exceptional event or exceptional circumstances, and
the requirement for it is immediate.
For the purposes of this exception—
“rent payments”—
has the meaning given from time to time by paragraph 2 of Schedule 1 to the Universal Credit Regulations 2013 (S.I. 2013/376) or any re-enactment of that paragraph, or
if at any time universal credit ceases to be payable to anyone, has the meaning given by that paragraph or any re-enactment of that paragraph immediately before that time;
“reserved benefit” means a benefit which is to any extent a reserved matter.]
[F5Exception 7
Providing financial or other assistance to or in respect of individuals who appear to require it for the purposes of meeting, or helping to meet, a short-term need that requires to be met to avoid a risk to the well-being of an individual.
This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—
the requirement for it also arises from some exceptional event or exceptional circumstances, and
the need is immediate as well as short-term.
Exception 8
Providing occasional financial or other assistance to or in respect of individuals who have been or might otherwise be—
in prison, hospital, a residential care establishment or other institution, or
homeless or otherwise living an unsettled way of life,
and who appear to require the assistance to establish or maintain a settled home.]
[F6Exception 10
Schemes which provide assistance for social security purposes to or in respect of individuals by way of benefits and which—
are supported from sums paid out of the Scottish Consolidated Fund,
do not fall within exceptions 1 to 9, and
are not connected with reserved matters (other than matters reserved only by virtue of this Section).
This exception does not except providing assistance by way of pensions to or in respect of individuals who qualify by reason of old age.
This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—
the requirement for it also arises from some exceptional event or exceptional circumstances, and
the requirement for it is immediate.
For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter.
In this exception the reference to schemes supported from sums paid out of the Scottish Consolidated Fund does not include schemes—
in respect of which sums are at some time paid out of the Scottish Consolidated Fund, but
which are directly supported from payments out of the Consolidated Fund, the National Insurance Fund or the Social Fund, or out of money provided by Parliament.]
[F7Exclusions from exceptions 1 to 10
Nothing in exceptions 1 to 10 is to be read as excepting—
the National Insurance Fund,
the Social Fund, or
the provision by a Minister of the Crown of assistance by way of loan for the purpose of meeting, or helping to meet, an intermittent expense.]
Interpretation
“Benefits” includes pensions, allowances, grants, loans and any other form of financial assistance.
Providing assistance for social security purposes to or in respect of individuals includes (among other things) providing assistance to or in respect of individuals—
who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care,
who qualify by reason of low income, or
in relation to their housing costs or liabilities for local taxes.
[F8Paragraph 5(1) of Part 3 of this Schedule does not apply to the subject-matter of—
section 138 of the Social Security Contributions and Benefits Act 1992, or
section 69 of the Child Support, Pensions and Social Security Act 2000.
The reference to the subject-matter of section 138 of the 1992 Act is to be construed as a reference to it as at 8th May 2012 and the reference to the subject-matter of section 69 of the 2000 Act is to be construed as a reference to it as at the date on which the Scotland Act (Modification of Schedule 5) ( No. 2) Order 2013 ( S.I. 2013/192 ) came into force; and if any amendment of section 69 of the 2000 Act made by the Welfare Reform Act 2012 is not in force on that date, it is to be treated as if it were. ]
Textual Amendments
F1Words in Sch. 5 Pt. II repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5)
F2 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 22(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(a)(ii)
F3 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 24 , 72(4)(b) ; S.I. 2016/759 , reg. 3(c)
F4Words in Sch. 5 Pt. II s. F1 inserted (1.4.2017) by Scotland Act 2016 (c. 11), ss. 25, 72(4)(b); S.I. 2016/759, reg. 4
F5 Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 26 , 72(4)(b) ; S.I. 2016/759 , reg. 3(d)
F6 Words in Sch. 5 Pt. II s. F1 inserted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 28(2) , 72(4)(b) ; S.I. 2016/759 , reg. 3(e)
F7 Words in Sch. 5 Pt. II s. F1 substituted (5.9.2016) by Scotland Act 2016 (c. 11) , ss. 23(3) , 72(4)(b) ; S.I. 2016/759 , reg. 3(b)(ii) (with saving in S.I. 2016/761 , art. 2 )
F8 Words in Sch. 5 Pt. II s. F1 inserted (1.4.2013) by The Scotland Act 1998 (Modification of Schedule 5) (No. 2) Order 2013 (S.I. 2013/192) , arts. 1(2) , 2(3) (with art. 3 )
Section F2.
The subject-matter of the Child Support Acts 1991 and 1995.
Exception
The subject-matter of sections 1 to 7 of the Family Law (Scotland) Act 1985 (aliment).
Interpretation
If section 30(2) of the Child Support Act 1991 (collection of payments other than child support maintenance) is not in force on the principal appointed day, it is to be treated for the purposes of this reservation as if it were.
Section F3.
The regulation of occupational pension schemes and personal pension schemes, including the obligations of the trustees or managers of such schemes.
Provision about pensions payable to, or in respect of, any persons, except—
the persons referred to in section 81(3),
in relation to a Scottish public authority with mixed functions or no reserved functions, persons who are or have been a member of the public body, the holder of the public office, or a member of the staff of the body, holder or office.
The subject-matter of the Pensions (Increase) Act 1971.
Schemes for the payment of pensions which are listed in Schedule 2 to that Act, except those mentioned in paragraphs 38A and 38AB.
Where pension payable to or in respect of any class of persons under a public service pension scheme is covered by this reservation, so is making provision in their case—
for compensation for loss of office or employment, for their office or employment being affected by constitutional changes, or circumstances arising from such changes, in any territory or territories or for loss or diminution of emoluments, or
for benefits in respect of death or incapacity resulting from injury or disease.
Interpretation
“Pension” includes gratuities and allowances.
Section F4.
Schemes for the payment of pensions for or in respect of persons who have a disablement or have died in consequence of service as members of the armed forces of the Crown.
The subject-matter of any scheme under the Personal Injuries (Emergency Provisions) Act 1939, sections 3 to 5 and 7 of the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939 or section 1 of the Polish Resettlement Act 1947
Illustration
The provision of pensions under the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 1983.
Interpretation
“Pension” includes grants, allowances, supplements and gratuities.
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