Search Legislation

Social Security (Scotland) Act 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Status:

This is the original version (as it was originally enacted). This item of legislation is currently only available in its original format.

SCHEDULE 3COLD-SPELL HEATING ASSISTANCE REGULATIONS

(introduced by section 29)

PART 1ELIGIBILITY

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

1The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual’s eligibility in respect of a given period depends on the area in which the individual’s home is situated experiencing a cold spell during that period.

2(1)The regulations may be framed so that, despite the criterion described in paragraph 1 not being fulfilled (or its being uncertain whether it will be fulfilled) in relation to a given period, an individual may nevertheless be eligible in respect of that period.

(2)Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1 is not fulfilled (or may not be fulfilled), they must be framed so that the individual’s eligibility depends on the area in which the individual’s home is situated being, or having been, forecast to experience a cold spell during the period.

3The regulations are to set out, for the purpose of determining entitlement to cold-spell heating assistance—

(a)a definition of “home”,

(b)the circumstances in which an area is to be regarded as experiencing a cold spell,

(c)if provision of the kind described in paragraph 2 is made, the circumstances in which an area is to be regarded as being, or having been, forecast to experience a cold spell.

CHAPTER 2FURTHER CRITERIA

Age

4The regulations may make an individual’s eligibility depend on the age of either or both—

(a)the individual, and

(b)anyone else who lives in the individual’s home.

Financial circumstances

5The regulations may make an individual’s eligibility depend on the individual’s financial circumstances.

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

6The regulations may make an individual’s eligibility depend on either or both the individual and anyone else who lives in the individual’s home—

(a)being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

(b)being, or not being, eligible or entitled to receive such assistance.

Application within specified period

7The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

(a)the individual has applied for cold-spell heating assistance in respect of the period, or

(b)the Scottish Ministers have become required to make a determination of the individual’s entitlement to cold-spell heating assistance in respect of the period by regulations under section 52.

PART 2ASSISTANCE TO BE GIVEN

Domestic circumstances and age

8The regulations may make the value of the cold-spell heating assistance that is to be given to an individual depend on—

(a)whether or not other people live in the individual’s home,

(b)the age of either or both—

(i)the individual, and

(ii)anyone else who lives in the individual’s home.

Restriction on giving assistance in a form other than money

9(1)The regulations may allow cold-spell heating assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual’s behalf) has agreed to the assistance being given in that form.

(2)If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual’s behalf) to withdraw agreement to being given cold-spell heating assistance in a form other than money at any time.

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

10Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

(a)Chapter 1 of Part 1,

(b)paragraph 9 in Part 2.

Interpretation

11In this schedule—

  • “eligibility” means eligibility for cold-spell heating assistance and “eligible” means eligible for cold-spell heating assistance,

  • “the regulations” means regulations under section 29(2).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Opening Options

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

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