The Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020

This Order may be cited as the Social Security (Scotland) Act 2018 (Information-Sharing and Scottish Child Payment) (Consequential Provision and Modifications) Order 2020.

This Order comes into force immediately after the coming into force of the first Regulations made under section 79 of the Social Security (Scotland) Act 20182.

Except as provided in paragraph (4), this Order extends to the whole of the United Kingdom.

Each amendment made by this Order has the same extent as the provision being amended.

Information to which paragraph (1) applies may be supplied to the Scottish Ministers, or to a person providing services to the Scottish Ministers, for use for the purposes of a relevant Scottish social security function.

This paragraph applies to information which is held for the purposes of a relevant Scottish social security function by the Scottish Ministers or by a person providing services to the Scottish Ministers.

Where information supplied under this article has been used for the purposes for which it was supplied, it is lawful for it to be used for any purposes for which information held for those purposes could be used.

In this article—

• “HMRC functions” means any function—

  1. a

     for which the Commissioners for Her Majesty’s Revenue and Customs are responsible by virtue of section 5 of the Commissioners for Revenue and Customs Act 20053,

  2. b

     which relates to a matter listed in Schedule 1 to that Act,

  3. c

     which is conferred by or under the Childcare Payments Act 20144, or

  4. d

     which is conferred by or under section 2 of, or Schedule 2 to, the Savings (Government Contributions) Act 20175,

• “relevant Scottish social security function” is any function of the Scottish Ministers under the Social Security (Scotland) Act 2018 and any regulations made under it.

This article does not limit the circumstances in which information may be supplied apart from this article.

The Income Support (General) Regulations 19876 are amended as follows.

In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 83 insert—

In Schedule 10 (capital to be disregarded), in paragraph 7(1)(a), for “6, 8, 9 or 76A of Schedule 9” substitute “6, 8, 9, 76A or 84 of Schedule 9”.

The Jobseeker’s Allowance Regulations 19967 are amended as follows.

In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 79 insert—

In Schedule 8 (capital to be disregarded), in paragraph 12(1)(a), for “7, 9, 10 or 72A of Schedule 7” substitute “7, 9, 10, 72A or 80 of Schedule 7”.

The State Pension Credit Regulations 20028 are amended as follows.

In regulation 15(1) (social security benefits that are not prescribed as income for the purposes of section 15(1)(e) of the State Pension Credit Act 2002), after sub-paragraph (rc) insert—

In Part 1 of Schedule 5 (capital disregarded for the purpose of calculating income), in paragraph 20(2), after sub-paragraph (t) insert—

The Housing Benefit Regulations 20069 are amended as follows.

In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), after paragraph 70 insert—

In Schedule 6 (capital to be disregarded), in paragraph 9(1)(a), for “6, 8 or 9 of Schedule 5” substitute “6, 8, 9 or 71 of Schedule 5”.

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 200610 are amended as follows.

In regulation 29 (meaning of “income”), after paragraph 1(j)(xviid) insert—

In Part 1 of Schedule 6 (capital to be disregarded generally), in paragraph 21(2), after paragraph (s) insert—

The Employment and Support Allowance Regulations 200811 are amended as follows.

In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 71 insert—

In Schedule 9 (capital to be disregarded), in paragraph 11(1)(a), for “8, 10, 11 or 66 of Schedule 8” substitute “8, 10, 11, 66 or 72 of Schedule 8”.