Social Security (Scotland) Act 2018
Social Security (Scotland) Act 2018 (2018 asp 9)
- Social Security (Scotland) Act 2018 (2018 asp 9)
- PART 1 TENETS AND OVERSIGHT
- Principles
- 1 The Scottish social security principles
- 2 Effect of the principles
- Promotion of take-up
- 3 Scottish Ministers' duty to promote take-up
- 4 Recognition of importance of inclusive communication
- 5 Recognition of importance of accessible information
- 6 Recognition of importance of independent information, advice and advocacy
- 7 Recognition of importance of available data
- 8 Strategy to promote take-up
- 9 Further provision about preparing strategies to promote take-up
- Advocacy
- 10 Right to advocacy
- 11 Advocacy service standards
- Assessments
- 12 Restriction on private-sector involvement in assessments
- 13 Assessors to be suitably qualified
- 14 Assessments only to be required where necessary
- Charter
- 15 The Scottish social security charter
- 16 Preparing the first charter
- 17 Publication of the charter
- 18 Reviewing the charter
- 19 Effect of the charter
- Accountability
- 20 Annual report
- 21 Scottish Commission on Social Security
- 22 Commission functions
- Interpretation
- 23 Meaning of “Scottish social security system”
- PART 2 GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
- CHAPTER 1 ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT
- 24 Duty to give assistance
- 25 Meaning of “determination of entitlement”
- 26 Individual's right to stop receiving assistance
- 27 Later determination supersedes earlier
- CHAPTER 2 TYPES OF ASSISTANCE TO BE GIVEN
- 28 Carer's assistance
- 29 Cold-spell heating assistance
- 30 Winter heating assistance
- 31 Disability assistance
- 32 Early years assistance
- 33 Employment-injury assistance
- 34 Funeral expense assistance
- 35 Housing assistance
- 36 Short-term assistance
- CHAPTER 3 DETERMINING ENTITLEMENT
- Determination by the Scottish Ministers
- 37 Duty to make determination
- 38 Application for assistance
- 39 Withdrawal of application
- 40 Notice of determination
- Re-determination by the Scottish Ministers
- 41 Right to request re-determination
- 42 Late request for re-determination
- 43 Duty to re-determine
- 44 Notice of re-determination
- 45 Notice where re-determination not made timeously
- Appeal against the Scottish Ministers' determination
- 46 Right to appeal to First-tier Tribunal against determination
- 47 Initiating an appeal
- 48 Deadline for appealing
- 49 First-tier Tribunal's power to determine entitlement
- The determination of entitlement
- 50 Decisions comprising determination
- 51 Determination on basis of ongoing entitlement
- 52 Determination without application
- Coronavirus: relaxation of deadlines
- 52A Re-determination and appeal deadlines
- 52B Applications for assistance
- CHAPTER 4 FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT
- ...
- 53 Duty to inform about possible eligibility
- Obtaining information to make determination
- 54 Obligation to provide information on request
- 55 Requirement to justify assessment requests
- 56 Duty to notify change of circumstances
- 57 Lifting of duty to notify change of circumstances
- Appointees
- 58 Appointment of person to act on behalf of individual
- Support during discussions and assessments
- 59 Right to support
- Access to reports
- 60 Right to reports used in determining entitlement
- Right to appeal Scottish Ministers' process decisions
- 61 Appeal to First-tier Tribunal against process decisions
- Presumption about when information is received
- 62 Presumption for purposes of sections 41, 48 and 61
- Non-disclosure of health information
- 62A Non-disclosure of information about individual's health
- CHAPTER 5 RECOVERY OF VALUE OF ASSISTANCE
- Assistance given in error
- 63 Liability for assistance given in error
- 64 Exclusion from liability
- 65 Consideration for debtor's circumstances
- 66 Prescription of liability
- 67 Exclusion of other rights of recovery
- 68 First-tier Tribunal's jurisdiction
- 69 Liability where assistance given for period after death
- Funeral expense assistance
- 70 Liability of deceased's estate
- CHAPTER 6 OFFENCES
- ...
- 71 Offence of trying to obtain assistance by deceit
- 72 Offence of failing to notify
- 73 Offence of causing a failure to notify
- 74 Individual culpability for offending by an organisation
- ...
- 75 Power to make provision about investigations
- 76 Code of practice on investigations
- 77 Duty to consider effects of inflation
- 78 Duty to uprate carer's, disability, employment-injury and funeral expense assistance
- PART 3 SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS
- Top up of reserved benefits
- 79 Power to provide for top up
- 80 Restrictions on power
- 80A Default provision in respect of offences
- Carer's allowance: temporary provision
- 81 Carer's allowance supplement
- 82 Power to repeal temporary provision
- PART 4 FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3
- Inalienability of assistance
- 83 No assignation or charge
- 84 Retention of right to assistance on bankruptcy etc.
- Investigations
- 84A Power to make provision about investigations
- 84B Code of practice on investigations
- Identifying possible eligibility
- 84C Duty to inform about possible eligibility
- Information-sharing
- 85 Information-sharing
- Appointees
- 85A Appointment of person to act on behalf of child
- 85B Appointment of person to act in other circumstances
- 85C Guidelines for decisions about appointees
- 85E Guidance for appointees
- Agency arrangements
- 86 Agency arrangements for housing assistance
- Uprating for inflation
- 86A Duty to consider effects of inflation
- 86B Duty to uprate assistance
- Monitoring of appeal process
- 87 Report to the Scottish Parliament on exercise of right to appeal
- Assistance given in error: First-tier Tribunal's jurisdiction
- 87A Power to transfer jurisdiction from sheriff to tribunal
- Information for audit of social security system
- 87B Obtaining information for audit
- 87C Right to seek withdrawal of information request
- 87D Right to support for response to request
- 87E Right to advocacy
- PART 5 DISCRETIONARY HOUSING PAYMENTS
- 88 Local authorities' power to make payments
- 89 Restrictions on power to make payments
- 90 Local authorities' duty to provide information about payments
- 91 Guidance
- 92 Local authorities need not make payments if not funded
- 93 Power to modify section 88
- Part 5A Care experience assistance
- 93A Scheme to provide care experience assistance
- PART 6 UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS
- 94 Universal credit: payment to joint claimants
- PART 7 FINAL PROVISIONS
- 95 Ancillary provision
- 96 Regulation-making powers
- 97 Further procedure for regulations
- 98 Temporary disapplication of section 97
- 99 Commencement
- 100 Short title
- SCHEDULE 1 SCOTTISH COMMISSION ON SOCIAL SECURITY
- PART 1 OPERATION AND COMPOSITION OF THE COMMISSION
- CHAPTER 1 STATUS
- Independence
- Exclusion of Crown status
- CHAPTER 2 POWERS
- General powers
- Access to information
- CHAPTER 3 PROCEDURE
- Committees
- Regulation of procedure
- Authority to perform functions
- Validity of things done
- CHAPTER 4 FINANCE
- Remuneration and expenses of members
- Expenses of non-members
- Resources
- ...
- CHAPTER 5 MEMBERSHIP
- Number of members
- Appointment of members
- Tenure and other terms and conditions
- Early termination
- Disqualification grounds
- PART 2 APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES
- Ethical Standards in Public Life etc. (Scotland) Act 2000
- Freedom of Information (Scotland) Act 2002
- Public Appointments and Public Bodies etc. (Scotland) Act 2003
- Public Services Reform (Scotland) Act 2010
- SCHEDULE 2 CARER'S ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER
- CHAPTER 2 FURTHER CRITERIA
- Carer's other activities
- Multiple carers
- Residence and presence
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- Meeting liabilities
- Restriction on giving assistance in a form other than money
- Power to set value of assistance as nil
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 3 COLD-SPELL HEATING ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL
- CHAPTER 2 FURTHER CRITERIA
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- Domestic circumstances and age
- Restriction on giving assistance in a form other than money
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 4 WINTER HEATING ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- Residence and presence
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- Domestic circumstances and age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Restriction on giving assistance in a form other than money
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 5 DISABILITY ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY
- CHAPTER 2 FURTHER CRITERIA
- Nature and extent of disability and needs
- Residence and presence
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- CHAPTER 3 SPECIAL RULES FOR TERMINAL ILLNESS CASES
- No minimum period
- No requirement for assessment
- Eligibility from date of application
- Entitlement to maximum amount
- PART 2 ASSISTANCE TO BE GIVEN
- CHAPTER 1 VALUE
- Nature and extent of disability
- Age
- Power to set value of assistance as nil
- CHAPTER 2 FORM
- Meeting liabilities
- Payment to someone else
- Restriction on giving assistance in a form other than money
- Restriction on lump sums
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 6 EARLY YEARS ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD
- CHAPTER 2 FURTHER CRITERIA
- Limit to number of people entitled
- Residence and presence
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- Restriction on giving assistance in a form other than money
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 7 EMPLOYMENT-INJURY ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK
- CHAPTER 2 FURTHER CRITERIA
- Place where injury suffered or disease contracted
- Residence and presence
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- CHAPTER 1 VALUE
- Nature of injury or disease
- Age
- Power to set value of assistance as nil
- CHAPTER 2 FORM
- Meeting liabilities
- Restriction on giving assistance in a form other than money
- Restriction on lump sums
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 8 FUNERAL EXPENSE ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES
- CHAPTER 2 FURTHER CRITERIA
- Location of the funeral
- Relationship with the deceased
- Value of deceased's estate
- Residence and presence
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- Restriction on giving assistance in a form other than money
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 9 HOUSING ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS
- CHAPTER 2 FURTHER CRITERIA
- Participation in education
- Residence and presence
- Age
- Financial circumstances
- Receipt of, or eligibility for, other types of State assistance
- Application within specified period
- PART 2 ASSISTANCE TO BE GIVEN
- CHAPTER 1 VALUE
- Cases where paragraph 1(3) conditions met
- Cases where paragraph 1(3) conditions not met
- Power to set value of assistance as nil
- CHAPTER 2 FORM
- Meeting liabilities
- Restriction on giving assistance in a form other than money
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 10 SHORT-TERM ASSISTANCE REGULATIONS
- PART 1 ELIGIBILITY
- Entitlement to other assistance being reviewed
- PART 2 ASSISTANCE TO BE GIVEN
- Value and form of assistance where entitlement to other assistance under review
- PART 3 FINAL PROVISIONS
- Generality of enabling power unaffected
- Interpretation
- SCHEDULE 11 Suspension of assistance
- Circumstances in which assistance may be suspended
- Safeguards: requirement to consider financial circumstances before suspension
- Safeguards: right to review suspension
- Safeguards: information to be given following suspension
- Safeguards: effect of suspension ending
- Generality of enabling power unaffected
- Interpretation
Feedback