Scotland Act 2016

22 Disability, industrial injuries and carer’s benefits

(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 (social security schemes) is amended as follows.

(2) In the Exceptions, before the paragraph beginning “The subject-matter of Part II of the Social Work (Scotland) Act 1968” insert—

• “Exception 1

  Any of the following benefits—

  (a)

  disability benefits, other than severe disablement benefit or industrial injuries benefits,

  (b)

  severe disablement benefit, so far as payable in respect of a relevant person, and

  (c)

  industrial injuries benefits, so far as relating to relevant employment or to participation in training for relevant employment;

  but this exception does not except a benefit which is, or which is an element of, an excluded benefit.

• Exception 2

  Carer’s benefits, other than a benefit which is, or which is an element of, an excluded benefit.”

(3) In the Exceptions, at the beginning of the paragraph beginning “The subject-matter of Part II of the Social Work (Scotland) Act 1968” insert—

• “Exception 3”.

(4) In the Interpretation provision, after “local taxes.” insert—

• ““Disability benefit” means a benefit which is normally payable in respect of—

  (a)

  a significant adverse effect that impairment to a person’s physical or mental condition has on his or her ability to carry out day-to-day activities (for example, looking after yourself, moving around or communicating), or

  (b)

  a significant need (for example, for attention or for supervision to avoid substantial danger to anyone) arising from impairment to a person’s physical or mental condition;

  and for this purpose the adverse effect or need must not be short-term.

• “Severe disablement benefit” means a benefit which is normally payable in respect of—

  (a)

  a person’s being incapable of work for a period of at least 28 weeks beginning not later than the person’s 20th birthday, or

  (b)

  a person’s being incapable of work and disabled for a period of at least 28 weeks;

  and “relevant person”, in relation to severe disablement benefit, means a person who is entitled to severe disablement allowance under section 68 of the Social Security Contributions and Benefits Act 1992 on the date on which section 22 of the Scotland Act 2016 comes into force as respects severe disablement benefit.

• “Industrial injuries benefit” means a benefit which is normally payable in respect of—

  (a)

  a person’s having suffered personal injury caused by accident arising out of and in the course of his or her employment, or

  (b)

  a person’s having developed a disease or personal injury due to the nature of his or her employment;

  and for this purpose “employment” includes participation in training for employment.

• “Relevant employment”, in relation to industrial injuries benefit, means employment which—

  (a)

  is employed earner’s employment for the purposes of section 94 of the Social Security Contributions and Benefits Act 1992 as at 28 May 2015 (the date of introduction into Parliament of the Bill for the Scotland Act 2016), or

  (b)

  would be such employment but for—

  (i)

  the contract purporting to govern the employment being void, or

  (ii)

  the person concerned not being lawfully employed,

  as a result of a contravention of, or non-compliance with, provision in or made by virtue of an enactment passed to protect employees.

• “Carer’s benefit” means a benefit which is normally payable in respect of the regular and substantial provision of care by a person to a disabled person; and for this purpose “disabled person” means a person to whom a disability benefit is normally payable.

• “Excluded benefit” means—

  (a)

  a benefit, entitlement to which, or the amount of which, is normally determined to any extent by reference to a person’s income or capital (for example, universal credit under Part 1 of the Welfare Reform Act 2012),

  (b)

  a benefit which is payable out of the National Insurance Fund (for example, employment and support allowance under section 1(2)(a) of the Welfare Reform Act 2007), or

  (c)

  a benefit payable by way of lump sum in respect of a person’s having, or having had—

  (i)

  pneumoconiosis,

  (ii)

  byssinosis,

  (iii)

  diffuse mesothelioma,

  (iv)

  bilateral diffuse pleural thickening, or

  (v)

  primary carcinoma of the lung where there is accompanying evidence of one or both of asbestosis and bilateral diffuse pleural thickening.

• “Employment” includes any trade, business, profession, office or vocation (and “employed” is to be read accordingly).”