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Social Security (Scotland) Act 2018

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  1. Introductory Text

  2. PART 1 TENETS AND OVERSIGHT

    1. Principles

      1. 1.The Scottish social security principles

      2. 2.Effect of the principles

    2. Promotion of take-up

      1. 3.Scottish Ministers’ duty to promote take-up

      2. 4.Recognition of importance of inclusive communication

      3. 5.Recognition of importance of accessible information

      4. 6.Recognition of importance of independent information, advice and advocacy

      5. 7.Recognition of importance of available data

      6. 8.Strategy to promote take-up

      7. 9.Further provision about preparing strategies to promote take-up

    3. Advocacy

      1. 10.Right to advocacy

      2. 11.Advocacy service standards

    4. Assessments

      1. 12.Restriction on private-sector involvement in assessments

      2. 13.Assessors to be suitably qualified

      3. 14.Assessments only to be required where necessary

    5. Charter

      1. 15.The Scottish social security charter

      2. 16.Preparing the first charter

      3. 17.Publication of the charter

      4. 18.Reviewing the charter

      5. 19.Effect of the charter

    6. Accountability

      1. 20.Annual report

      2. 21.Scottish Commission on Social Security

      3. 22.Commission functions

    7. Interpretation

      1. 23.Meaning of “Scottish social security system”

  3. PART 2 GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

    1. CHAPTER 1 ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT

      1. 24.Duty to give assistance

      2. 25.Meaning of “determination of entitlement”

      3. 26.Individual’s right to stop receiving assistance

      4. 27.Later determination supersedes earlier

    2. CHAPTER 2 TYPES OF ASSISTANCE TO BE GIVEN

      1. 28.Carer’s assistance

      2. 29.Cold-spell heating assistance

      3. 30.Winter heating assistance

      4. 31.Disability assistance

      5. 32.Early years assistance

      6. 33.Employment-injury assistance

      7. 34.Funeral expense assistance

      8. 35.Housing assistance

      9. 36.Short-term assistance

    3. CHAPTER 3 DETERMINING ENTITLEMENT

      1. Determination by the Scottish Ministers

        1. 37.Duty to make determination

        2. 38.Application for assistance

        3. 39.Withdrawal of application

        4. 40.Notice of determination

      2. Re-determination by the Scottish Ministers

        1. 41.Right to request re-determination

        2. 42.Late request for re-determination

        3. 43.Duty to re-determine

        4. 44.Notice of re-determination

        5. 45.Notice where re-determination not made timeously

      3. Appeal against the Scottish Ministers’ determination

        1. 46.Right to appeal to First-tier Tribunal against determination

        2. 47.Initiating an appeal

        3. 48.Deadline for appealing

        4. 49.First-tier Tribunal’s power to determine entitlement

      4. The determination of entitlement

        1. 50.Decisions comprising determination

        2. 51.Determination on basis of ongoing entitlement

        3. 52.Determination without application

    4. CHAPTER 4 FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

      1. Identifying possible eligibility

        1. 53.Duty to inform about possible eligibility

      2. Obtaining information to make determination

        1. 54.Obligation to provide information on request

        2. 55.Requirement to justify assessment requests

        3. 56.Duty to notify change of circumstances

        4. 57.Lifting of duty to notify change of circumstances

      3. Appointees

        1. 58.Appointment of person to act on behalf of individual

      4. Support during discussions and assessments

        1. 59.Right to support

      5. Access to reports

        1. 60.Right to reports used in determining entitlement

      6. Right to appeal Scottish Ministers’ process decisions

        1. 61.Appeal to First-tier Tribunal against process decisions

      7. Presumption about when information is received

        1. 62.Presumption for purposes of sections 41, 48 and 61

    5. CHAPTER 5 RECOVERY OF VALUE OF ASSISTANCE

      1. Assistance given in error

        1. 63.Liability for assistance given in error

        2. 64.Exclusion from liability

        3. 65.Consideration for debtor’s circumstances

        4. 66.Prescription of liability

        5. 67.Exclusion of other rights of recovery

        6. 68.First-tier Tribunal’s jurisdiction

        7. 69.Liability where assistance given for period after death

      2. Funeral expense assistance

        1. 70.Liability of deceased’s estate

    6. CHAPTER 6 OFFENCES AND INVESTIGATIONS

      1. Offences

        1. 71.Offence of trying to obtain assistance by deceit

        2. 72.Offence of failing to notify

        3. 73.Offence of causing a failure to notify

        4. 74.Individual culpability for offending by an organisation

      2. Investigations

        1. 75.Power to make provision about investigations

        2. 76.Code of practice on investigations

    7. CHAPTER 7 UPRATING FOR INFLATION

      1. 77.Duty to consider effects of inflation

      2. 78.Duty to uprate carer’s, disability, employment-injury and funeral expense assistance

  4. PART 3 SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS

    1. Top up of reserved benefits

      1. 79.Power to provide for top up

      2. 80.Restrictions on power

    2. Carer’s allowance: temporary provision

      1. 81.Carer’s allowance supplement

      2. 82.Power to repeal temporary provision

  5. PART 4 FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

    1. Inalienability of assistance

      1. 83.No assignation or charge

      2. 84.Retention of right to assistance on bankruptcy etc.

    2. Information-sharing

      1. 85.Information-sharing

    3. Agency arrangements

      1. 86.Agency arrangements for housing assistance

    4. Monitoring of appeal process

      1. 87.Report to the Scottish Parliament on exercise of right to appeal

  6. PART 5 DISCRETIONARY HOUSING PAYMENTS

    1. 88.Local authorities’ power to make payments

    2. 89.Restrictions on power to make payments

    3. 90.Local authorities’ duty to provide information about payments

    4. 91.Guidance

    5. 92.Local authorities need not make payments if not funded

    6. 93.Power to modify section 88

  7. PART 6 UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS

    1. 94.Universal credit: payment to joint claimants

  8. PART 7 FINAL PROVISIONS

    1. 95.Ancillary provision

    2. 96.Regulation-making powers

    3. 97.Further procedure for regulations about assistance

    4. 98.Temporary disapplication of section 97

    5. 99.Commencement

    6. 100.Short title

    1. SCHEDULE 1

      SCOTTISH COMMISSION ON SOCIAL SECURITY

      1. PART 1 OPERATION AND COMPOSITION OF THE COMMISSION

        1. CHAPTER 1 STATUS

          1. 1.Independence

          2. 2.Exclusion of Crown status

        2. CHAPTER 2 POWERS

          1. 3.General powers

          2. 4.Access to information

        3. CHAPTER 3 PROCEDURE

          1. 5.Committees

          2. 6.Regulation of procedure

          3. 7.Authority to perform functions

          4. 8.Validity of things done

        4. CHAPTER 4 FINANCE

          1. 9.Remuneration and expenses of members

          2. 10.Expenses of non-members

          3. 11.Resources

          4. 12.Accounts and audit

        5. CHAPTER 5 MEMBERSHIP

          1. 13.Number of members

          2. 14.Appointment of members

          3. 15.Tenure and other terms and conditions

          4. 16.Early termination

          5. 17.Disqualification grounds

      2. PART 2 APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES

        1. 18.Ethical Standards in Public Life etc. (Scotland) Act 2000

        2. 19.Freedom of Information (Scotland) Act 2002

        3. 20.Public Appointments and Public Bodies etc. (Scotland) Act 2003

        4. 21.Public Services Reform (Scotland) Act 2010

    2. SCHEDULE 2

      CARER’S ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER

          1. 1.(1) The regulations must be framed so that (subject to...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 3.Carer’s other activities

          2. 4.Multiple carers

          3. 5.Residence and presence

          4. 6.Age

          5. 7.Financial circumstances

          6. 8.Receipt of, or eligibility for, other types of State assistance

          7. 9.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 10.Meeting liabilities

        2. 11.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 12.Generality of enabling power unaffected

        2. 13.Interpretation

    3. SCHEDULE 3

      COLD-SPELL HEATING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL

          1. 1.The regulations must be framed so that (subject to any...

          2. 2.(1) The regulations may be framed so that, despite the...

          3. 3.The regulations are to set out, for the purpose of...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 4.Age

          2. 5.Financial circumstances

          3. 6.Receipt of, or eligibility for, other types of State assistance

          4. 7.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 8.Domestic circumstances and age

        2. 9.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 10.Generality of enabling power unaffected

        2. 11.Interpretation

    4. SCHEDULE 4

      WINTER HEATING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. 1.Residence and presence

        2. 2.Age

        3. 3.Financial circumstances

        4. 4.Receipt of, or eligibility for, other types of State assistance

        5. 5.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 6.Domestic circumstances and age

        2. 7.Financial circumstances

        3. 8.Receipt of, or eligibility for, other types of State assistance

        4. 9.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 10.Generality of enabling power unaffected

        2. 11.Interpretation

    5. SCHEDULE 5

      DISABILITY ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY

          1. 1.(1) The regulations must be framed so that (subject to...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 3.Nature and extent of disability and needs

          2. 4.Residence and presence

          3. 5.Age

          4. 6.Financial circumstances

          5. 7.Receipt of, or eligibility for, other types of State assistance

          6. 8.Application within specified period

        3. CHAPTER 3 SPECIAL RULES FOR TERMINAL ILLNESS CASES

          1. 9.No minimum period

          2. 10.No requirement for assessment

          3. 11.Eligibility from date of application

          4. 12.Entitlement to maximum amount

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. 13.Nature and extent of disability

          2. 14.Age

        2. CHAPTER 2 FORM

          1. 15.Meeting liabilities

          2. 16.Payment to someone else

          3. 17.Restriction on giving assistance in a form other than money

          4. 18.Restriction on lump sums

      3. PART 3 FINAL PROVISIONS

        1. 19.Generality of enabling power unaffected

        2. 20.Interpretation

    6. SCHEDULE 6

      EARLY YEARS ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD

          1. 1.(1) The regulations must be framed so that an individual’s...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 2.Limit to number of people entitled

          2. 3.Residence and presence

          3. 4.Financial circumstances

          4. 5.Receipt of, or eligibility for, other types of State assistance

          5. 6.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 7.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 8.Generality of enabling power unaffected

        2. 9.Interpretation

    7. SCHEDULE 7

      EMPLOYMENT-INJURY ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK

          1. 1.The regulations must be framed so that (subject to any...

          2. 2.(1) The regulations may be framed so that, despite the...

          3. 3.(1) The regulations are to define the following terms for...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 4.Place where injury suffered or disease contracted

          2. 5.Residence and presence

          3. 6.Age

          4. 7.Financial circumstances

          5. 8.Receipt of, or eligibility for, other types of State assistance

          6. 9.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. 10.Nature of injury or disease

          2. 11.Age

        2. CHAPTER 2 FORM

          1. 12.Meeting liabilities

          2. 13.Restriction on giving assistance in a form other than money

          3. 14.Restriction on lump sums

      3. PART 3 FINAL PROVISIONS

        1. 15.Generality of enabling power unaffected

        2. 16.Interpretation

    8. SCHEDULE 8

      FUNERAL EXPENSE ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. CHAPTER 1 ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

          1. 1.(1) The regulations must be framed so that an individual’s...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 2.Location of the funeral

          2. 3.Relationship with the deceased

          3. 4.Value of deceased’s estate

          4. 5.Residence and presence

          5. 6.Financial circumstances

          6. 7.Receipt of, or eligibility for, other types of State assistance

          7. 8.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 9.The regulations may specify items of expense in relation to...

        2. 10.The regulations may set a limit on the value of...

        3. 11.The regulations may set a limit on the total value...

        4. 12.The regulations may provide for the amount of funeral expense...

        5. 13.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 14.Generality of enabling power unaffected

        2. 15.Interpretation

    9. SCHEDULE 9

      HOUSING ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. 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

          1. 1.(1) Subject to sub-paragraph (2) and paragraph 2, the regulations...

          2. 2.(1) The regulations may be framed so that, despite the...

        2. CHAPTER 2 FURTHER CRITERIA

          1. 3.Participation in education

          2. 4.Residence and presence

          3. 5.Age

          4. 6.Financial circumstances

          5. 7.Receipt of, or eligibility for, other types of State assistance

          6. 8.Application within specified period

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. CHAPTER 1 VALUE

          1. 9.Cases where paragraph 1(3) conditions met

          2. 10.Cases where paragraph 1(3) conditions not met

        2. CHAPTER 2 FORM

          1. 11.Meeting liabilities

          2. 12.Restriction on giving assistance in a form other than money

      3. PART 3 FINAL PROVISIONS

        1. 13.Generality of enabling power unaffected

        2. 14.Interpretation

    10. SCHEDULE 10

      SHORT-TERM ASSISTANCE REGULATIONS

      1. PART 1 ELIGIBILITY

        1. 1.Entitlement to other assistance being reviewed

      2. PART 2 ASSISTANCE TO BE GIVEN

        1. 2.Value and form of assistance where entitlement to other assistance under review

      3. PART 3 FINAL PROVISIONS

        1. 3.Generality of enabling power unaffected

        2. 4.Interpretation

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