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Social Security (Scotland) Act 2018

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PART 2ASSISTANCE TO BE GIVEN

Value and form of assistance where entitlement to other assistance under review

2(1)This paragraph applies to any case in which an individual is eligible for short-term assistance by virtue of provision made in accordance with paragraph 1(1).

(2)In this paragraph, “the superseded determination” means the determination that has been superseded with one of the results mentioned in paragraph 1(1)(b), as a consequence of which the individual in question is eligible for short-term assistance.

(3)In relation to a case to which this paragraph applies, the regulations must provide for the value of the short-term assistance given to an individual in respect of any period to be equal to—

V1 − V2

where—

  • V1 is the value of the assistance that the individual would have been given in respect of the period under the superseded determination had it not been superseded, and

  • V2 is the value of the assistance that the individual is to be given in respect of the period under what is, at the time the individual becomes eligible for short-term assistance in respect of the period, the most recent determination of the individual’s entitlement to the type of assistance to which the superseded determination relates.

(4)In relation to a case to which this paragraph applies, the regulations must provide for the rules regarding the form in which short-term assistance is given to an individual to be the same as the rules governing the form in which the type of assistance to which the superseded determination relates may be given.

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