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This is the original version (as it was originally enacted).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 7EMPLOYMENT-INJURY ASSISTANCE REGULATIONS

(introduced by section 33)

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK

1The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual’s eligibility depends on the individual—

(a)having suffered a relevant personal injury caused by an accident arising out of and in the course of the individual’s employment, or

(b)developing a relevant disease, or suffering a relevant personal injury, due to the nature of the individual’s employment.

2(1)The regulations may be framed so that, despite the criterion described in paragraph 1 not being fulfilled, an individual may nevertheless be eligible.

(2)Where the regulations allow an individual to be eligible despite the criterion described in paragraph 1 not being fulfilled, they must be framed so that the individual’s eligibility depends on the individual having, or having had, a relationship of a kind specified in the regulations to an individual who suffered a personal injury, or developed a disease, in the circumstances mentioned in paragraph 1.

3(1)The regulations are to define the following terms for the purpose of determining entitlement to employment-injury assistance—

(a)employment,

(b)relevant personal injury,

(c)relevant disease.

(2)The regulations may not define “employment” so as to include employment, or training for employment, that is not “relevant employment” as defined in the interpretation provision of Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

(3)The regulations may define “relevant personal injury” and “relevant disease” by reference to the circumstances in which an injury is suffered or a disease is developed as well as by reference to its kind and severity.

CHAPTER 2FURTHER CRITERIA

Place where injury suffered or disease contracted

4The regulations may make an individual’s eligibility depend on where, geographically, the injury was suffered or the disease developed (or is deemed to have been suffered or developed).

Residence and presence

5The regulations may make an individual’s eligibility depend on the individual being resident and present in a particular place.

Age

6The regulations may make an individual’s eligibility depend on the individual’s age.

Financial circumstances

7Subject to paragraph 8, 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

8The 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

9The regulations may provide that an individual ceases to be eligible on account of an injury being suffered or a disease developed unless, by a deadline specified in the regulations—

(a)the individual has applied for employment-injury assistance, or

(b)the Scottish Ministers have become required to make a determination of the individual’s entitlement to employment-injury assistance by regulations under section 52.

PART 2ASSISTANCE TO BE GIVEN

CHAPTER 1VALUE

Nature of injury or disease

10The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the—

(a)kind, and

(b)severity,

of the injury or disease in respect of which the assistance is to be given.

Age

11The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the individual’s age.

CHAPTER 2FORM

Meeting liabilities

12The regulations may provide for the employment-injury assistance that is to be given to an individual to be given (in whole or in part) by way of—

(a)payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

(b)deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

13(1)The regulations may allow employment-injury 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 employment-injury assistance in a form other than money at any time.

(3)Despite sub-paragraph (1), the regulations may provide for employment-injury assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

(4)For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

Restriction on lump sums

14The regulations may not provide for the employment-injury assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual’s entitlement arises on account of someone having, or having had—

(a)pneumoconiosis,

(b)byssinosis,

(c)diffuse mesothelioma,

(d)bilateral diffuse pleural thickening, or

(e)primary carcinoma of the lung where there is accompanying evidence of—

(i)asbestosis,

(ii)bilateral diffuse pleural thickening, or

(iii)both.

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

15Nothing 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 7 in Chapter 2 of Part 1,

(c)paragraphs 13 and 14 in Chapter 2 of Part 2.

Interpretation

16In this schedule—

  • “eligibility” means eligibility for employment-injury assistance, and “eligible” means eligible for employment-injury assistance,

  • “the regulations” means regulations under section 33(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