Search Legislation

Social Security (Scotland) Act 2018

Status:

This is the original version (as it was originally enacted).

SCHEDULE 6EARLY YEARS ASSISTANCE REGULATIONS

(introduced by section 32)

This schedule has no associated Explanatory Notes

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY 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.

(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.

CHAPTER 2FURTHER CRITERIA

Limit to number of people entitled

2The 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.

Residence and presence

3The regulations may make an individual’s eligibility depend on the individual being resident and present in a particular place.

Financial circumstances

4The regulations may make an individual’s eligibility depend on the individual’s financial circumstances.

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

5The 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.

Application within specified period

6The 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 35.

PART 2ASSISTANCE TO BE GIVEN

Restriction on giving assistance in a form other than money

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.

(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.

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

8Nothing 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.

Interpretation

9In 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.

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

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act 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

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