Search Legislation

Social Security (Scotland) Act 2018

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this schedule contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are currently no known outstanding effects for the Social Security (Scotland) Act 2018, SCHEDULE 8. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

SCHEDULE 8SFUNERAL EXPENSE ASSISTANCE REGULATIONS

(introduced by section 34)

PART 1 SELIGIBILITY

CHAPTER 1SELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

1(1)The regulations must be framed so that an individual's eligibility for funeral expense assistance depends on the individual having met, or being responsible for meeting, the expenses of a funeral.S

(2)The regulations are to define “funeral” for the purpose of determining entitlement to funeral expense assistance.

CHAPTER 2SFURTHER CRITERIA

Location of the funeralS

2The regulations may make an individual's eligibility depend on where the funeral takes place.S

Relationship with the deceasedS

3The regulations may make an individual's eligibility depend on the individual—S

(a)being related to the deceased person, or

(b)having a relationship of a kind described in the regulations with the deceased person immediately before the death.

Value of deceased's estateS

4The regulations may make an individual's eligibility depend on the value of the deceased person's estate being below a level specified in the regulations.S

Residence and presenceS

5The regulations may make an individual's eligibility depend on either or both—S

(a)the individual being resident and present in a particular place,

(b)the deceased person having been resident and present in a particular place at the date of death.

Financial circumstancesS

6The regulations may make an individual's eligibility depend on the individual's financial circumstances.S

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

7The regulations may make an individual's eligibility depend on either or both the individual and, immediately before dying, the deceased person—S

(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 periodS

8The regulations may provide that an individual ceases to be eligible in respect of a funeral unless, by a deadline specified in the regulations—S

(a)the individual has applied for funeral expense assistance in respect of the funeral, or

(b)the Scottish Ministers have become required to make a determination of the individual's entitlement to funeral expense assistance in respect of the funeral by regulations under section 52.

PART 2 SASSISTANCE TO BE GIVEN

9The regulations may specify items of expense in relation to which funeral expense assistance will, or will not, be given.S

10The regulations may set a limit on the value of the funeral expense assistance that will be given in relation to items of expense.S

11The regulations may set a limit on the total value of the funeral expense assistance that will be given.S

12The regulations may provide for the amount of funeral expense assistance that will be given to be reduced to reflect the availability of other funds that may be used to meet, or help to meet, any of the expenses.S

Restriction on giving assistance in a form other than moneyS

13(1)The regulations may allow funeral expense 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 funeral expense assistance in a form other than money at any time.

PART 3 SFINAL PROVISIONS

Generality of enabling power unaffectedS

14Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—S

(a)Chapter 1 of Part 1,

(b)paragraph 13 in Part 2.

InterpretationS

15In this schedule—S

  • deceased person” means the person in respect of whose funeral assistance is sought,

  • eligibility” means eligibility for funeral expense assistance and “eligible” means eligible for funeral expense assistance,

  • the regulations” means regulations under section 34(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

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.

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