Social Security (Scotland) Act 2018

6Recognition of importance of independent information, advice and advocacyS

This section has no associated Explanatory Notes

(1)In fulfilling their duty under section 3(a), the Scottish Ministers must have regard to the role that—

(a)independent information and advice, and

(b)independent advocacy,

can play in ensuring that individuals are given what they are eligible to be given through the Scottish social security system.

(2)The steps taken by the Scottish Ministers under section 3(b) must include steps in relation to providing, or ensuring the provision of, information about—

(a)independent information and advice, and

(b)independent advocacy,

for individuals applying for, or receiving, assistance through the Scottish social security system.

(3)The steps taken by the Scottish Ministers under section 3(b) must include steps in relation to ensuring the availability of independent information and advice (that is accessible to, and proportionate to the needs of, the individuals to whom it is given) about the Scottish social security system, and the following matters in particular—

(a)how to apply for assistance,

(b)the process by which entitlement to assistance is determined,

(c)the types of assistance available,

(d)income maximisation,

(e)the content of the Scottish social security charter.

(4)For the purposes of this section, information, advice and advocacy are independent if they are provided by a person other than the Scottish Ministers.

Commencement Information

I1S. 6 in force at 22.10.2018 by S.S.I. 2018/298, reg. 2(1)(b) (with reg. 3) (as amended (10.12.2019) by S.S.I. 2019/406, regs. 1, 2(2))