Search Legislation

Welfare Funds (Scotland) Act 2015

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

Supplementary

4Further provision

(1)The Scottish Ministers may, by regulations, make further provision in connection with sections 1 to 3.

(2)Regulations made under this section may, in particular, make provision—

(a)about how an application to receive assistance in pursuance of section 2 is to be made,

(b)about the procedure which local authorities are to follow in relation to such applications, including the period within which they are to take any particular steps,

(c)about the eligibility of individuals to receive assistance in pursuance of section 2,

(d)about other circumstances in which assistance may, or may not, be provided in pursuance of section 2,

(e)about the type of assistance which may be so provided,

(f)about circumstances in which amounts may require to be repaid or recovered in respect of assistance which has been so provided,

(g)requiring a local authority to provide the Scottish Ministers with such information in connection with the exercise of its functions under sections 1 to 3 as may be specified in the regulations,

(h)about the procedure which local authorities are to follow in relation to reviews in pursuance of section 3, or applications for such reviews, including the period within which they are to take any particular steps,

(i)requiring persons to provide information for the purposes of a review by a local authority in pursuance of section 3,

(j)about circumstances in which an application to receive assistance or an application for review by a local authority may be made by a person on behalf of an individual.

(3)Regulations making provision of a type described in subsection (2)(b) must provide that a local authority is to make its decision on an application for assistance in pursuance of section 2(1)(a)—

(a)immediately after the authority has received all information allowing a decision to be made, and

(b)in any event, no later than the end of the next working day.

(4)Regulations made under this section may make—

(a)different provision for different purposes,

(b)incidental, supplementary, consequential, transitional, transitory or saving provision.

(5)Regulations made under this section are subject to the affirmative procedure.

5Respect for, and dignity of, applicants for assistance

In exercising its functions under sections 1 to 3, or any regulations under section 4, a local authority must take reasonable steps to ensure—

(a)that applicants for assistance in pursuance of section 2 are treated with respect, and

(b)that their dignity is preserved.

6Guidance

(1)A local authority must have regard to any guidance issued by the Scottish Ministers in connection with the exercise of its functions under—

(a)sections 1 to 3,

(b)any regulations made under section 4.

(2)Guidance issued under this section—

(a)must be addressed to, and apply in the same way to, all local authorities,

(b)may be general or specific,

(c)may be varied or revoked.

(3)Before issuing, varying or revoking guidance, the Scottish Ministers must consult—

(a)such body representing local authorities as they think fit,

(b)the Ombudsman, and

(c)such other persons as they consider appropriate.

(4)The Scottish Ministers must publish guidance issued under this section in such manner as they consider appropriate.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources