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Social Security (Scotland) Act 2018
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Social Security (Scotland) Act 2018, CHAPTER 1 is up to date with all changes known to be in force on or before 15 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
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- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
- s. 85D inserted by 2020 asp 18 s. 2(6)
Prospective
CHAPTER 1SELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL
1SThe 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.S
(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.
3SThe 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.
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