Social Security (Scotland) Act 2018

PART 1 ELIGIBILITY

Residence and presence

1 The regulations may make an individual’s eligibility depend on the individual being resident and present in a particular place.

Age

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

(a) the individual, and

(b) anyone who lives with the individual.

Financial circumstances

3 Subject to paragraph 4, the regulations may not make an individual’s eligibility depend on the financial circumstances of either or both—

(a) the individual, and

(b) anyone who lives with the individual.

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

4 The regulations may make an individual’s eligibility depend on either or both the individual and anyone who lives with the individual—

(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

5 The 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 winter 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 winter heating assistance in respect of the period by regulations under section 52.