Social Security (Scotland) Act 2018 (asp 9)

PART 4 FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Inalienability of assistance

83 No assignation or charge

(1) Any assignation of or charge on, or agreement to assign or charge, an individual’s entitlement to assistance under or by virtue of this Act is void.

(2) Nothing in subsection (1) prevents the Scottish Ministers from giving the assistance to which an individual is entitled to another person if the individual (or a person acting on the individual’s behalf) has agreed to that.

84 Retention of right to assistance on bankruptcy etc.

An individual’s entitlement to assistance under or by virtue of this Act does not transfer to another person—

(a) on the individual’s sequestration, or

(b) on the appointment of a judicial factor on the individual’s estate under section 41 of the Solicitors (Scotland) Act 1980.