- Latest available (Revised)
- Original (As enacted)
Social Security (Scotland) Act 2018
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
Social Security (Scotland) Act 2018, SCHEDULE 6 is up to date with all changes known to be in force on or before 12 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Schedule 6:
- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
- s. 85D inserted by 2020 asp 18 s. 2(6)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 81(4C) inserted by 2021 asp 20 s. 2(a)
- s. 85D inserted by 2020 asp 18 s. 2(6)
SCHEDULE 6SEARLY YEARS ASSISTANCE REGULATIONS
(introduced by section 32)
This schedule has no associated Explanatory Notes
PART 1SELIGIBILITY
CHAPTER 1SELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD
1(1)The regulations must be framed so that an individual's eligibility depends on the individual satisfying one of the primary eligibility criteria.S
(2)The primary eligibility criteria are that the individual—
(a)is, or has been, more than a specified number of weeks pregnant,
(b)has a relationship of a specified kind to another individual who is, or has been, more than a specified number of weeks pregnant,
(c)is to, or has, become responsible for a child within a specified period of the child's birth,
(d)is responsible for a child when a specified event in the child's life occurs or has become responsible for the child within a specified period of the event.
(3)The regulations are to define what being responsible for a child means for the purpose of determining entitlement to early years assistance.
Commencement Information
I1Sch. 6 para. 1 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
CHAPTER 2SFURTHER CRITERIA
Limit to number of people entitledS
2SThe regulations may provide that an individual is not eligible, despite satisfying one of the primary eligibility criteria, on account of one of those criteria being satisfied in respect of the same child by someone else.
Commencement Information
I2Sch. 6 para. 2 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Residence and presenceS
3SThe regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.
Commencement Information
I3Sch. 6 para. 3 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Financial circumstancesS
4SThe regulations may make an individual's eligibility depend on the individual's financial circumstances.
Commencement Information
I4Sch. 6 para. 4 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Receipt of, or eligibility for, other types of State assistanceS
5SThe regulations may make an individual's eligibility depend on 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.
Commencement Information
I5Sch. 6 para. 5 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Application within specified periodS
6SThe regulations may provide that an individual ceases to be eligible on account of satisfying a primary eligibility criteria unless, by a deadline specified in the regulations—
(a)the individual has applied for early years assistance, or
(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to early years assistance by regulations under section 52.
Commencement Information
I6Sch. 6 para. 6 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
PART 2SASSISTANCE TO BE GIVEN
Restriction on giving assistance in a form other than moneyS
7(1)The regulations may allow early years 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.S
(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 early years assistance in a form other than money at any time.
Commencement Information
I7Sch. 6 para. 7 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
PART 3SFINAL PROVISIONS
Generality of enabling power unaffectedS
8SNothing 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)Part 2.
Commencement Information
I8Sch. 6 para. 8 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
InterpretationS
9SIn this schedule—
“eligibility” means eligibility for early years assistance and “eligible” means eligible for early years assistance,
“the regulations” means regulations under section 32(2),
“specified” means specified in the regulations.
Commencement Information
I9Sch. 6 para. 9 in force at 10.12.2018 by S.S.I. 2018/357, reg. 2
Options/Help
Print Options
PrintThe Whole Act
PrintThis Schedule only
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?
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.