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Social Security (Scotland) Act 2018
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Changes to legislation:
Social Security (Scotland) Act 2018, PART 1 is up to date with all changes known to be in force on or before 13 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.
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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 8 Part 1:
- 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)
PART 1SELIGIBILITY
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.
Commencement Information
I1Sch. 8 para. 1 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
CHAPTER 2SFURTHER CRITERIA
Location of the funeralS
2SThe regulations may make an individual's eligibility depend on where the funeral takes place.
Commencement Information
I2Sch. 8 para. 2 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Relationship with the deceasedS
3SThe regulations may make an individual's eligibility depend on the individual—
(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.
Commencement Information
I3Sch. 8 para. 3 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Value of deceased's estateS
4SThe 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.
Commencement Information
I4Sch. 8 para. 4 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Residence and presenceS
5SThe regulations may make an individual's eligibility depend on either or both—
(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.
Commencement Information
I5Sch. 8 para. 5 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Financial circumstancesS
6SThe regulations may make an individual's eligibility depend on the individual's financial circumstances.
Commencement Information
I6Sch. 8 para. 6 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Receipt of, or eligibility for, other types of State assistanceS
7SThe regulations may make an individual's eligibility depend on either or both the individual and, immediately before dying, the deceased person—
(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
I7Sch. 8 para. 7 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
Application within specified periodS
8SThe regulations may provide that an individual ceases to be eligible in respect of a funeral unless, by a deadline specified in the regulations—
(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.
Commencement Information
I8Sch. 8 para. 8 in force at 11.9.2019 by S.S.I. 2019/269, reg. 2(c)
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