The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019

Changes over time for: Section 12A

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There are currently no known outstanding effects for the The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019, Section 12A.

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[F1Appointment of a person to act on behalf of an individualS

This section has no associated Policy Notes

12A.—(1) The Scottish Ministers may appoint a person (“an appointee”)—

(a)to—

(i)act on behalf of an individual described in regulation 7 or 7A in connection with the determination of that individual’s entitlement to benefit under and in accordance with these Regulations, or

(ii)act on behalf of an individual responsible for a child described in regulation 8 (as read with regulation 11(4)) in connection with the determination of that child’s entitlement to benefit under and in accordance with these Regulations, and

(b)to be paid benefit on the individual’s behalf.

(2) The Scottish Ministers may only appoint an appointee if it appears to them that either paragraph [F2(3), (4) or (4A)] applies.

(3) This paragraph applies if—

(a)the individual is deceased, and

(b)there is no executor appointed on the individual’s estate.

(4) This paragraph applies if, in relation to the matters mentioned in paragraph (1)—

(a)the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,

(b)there is no guardian acting or appointed under that Act,

(c)the individual’s estate is not being administered by a judicial factor, and

(d)there is no other person who has authority to act on behalf of the individual and is willing to do so.

[F3(4A) This paragraph applies if—

(a)the individual is under 16 years of age, and

(b)it appears to the Scottish Ministers that there is no person who—

(i)has authority to act on behalf of the individual,

(ii)resides with, and has care of, the individual, and

(iii)is willing, and practicably able, to act on the individual’s behalf in relation to the matters mentioned in paragraph (1).]

(5) An individual who is under 16 years may not be appointed as an appointee.

(6) Where an appointee is appointed in relation to an individual [F4who is 16 years of age or over]—

(a)the appointee can do anything that the individual could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

(b)the Scottish Ministers may request that the appointee provide them with information that they may otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

(c)any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.

[F5(6A) Where an appointee is appointed to act on behalf of an individual who is under 16 years of age—

(a)the appointee can do anything that a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual’s entitlement to benefit could do in connection with the determination of the individual’s entitlement to benefit (including making an application for benefit),

(b)the Scottish Ministers may request that the appointee provide them with information that they might otherwise request from the individual in connection with the determination of the individual’s entitlement to benefit,

(c)any information that would be given to the individual by virtue of these Regulations must be given to the appointee instead.]

(7) The Scottish Ministers may terminate an appointment under this regulation at any time.

(8) The Scottish Ministers must consider whether to terminate an appointment made by virtue of paragraph (3) if requested to do so by anyone who appears to the Ministers to have an interest in the financial affairs of the individual.

(9) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4), or to terminate such an appointment, if requested to do so by—

(a)the individual, or

(b)anyone else who appears to the Ministers to—

(i)have authority to act on behalf of the individual, or

(ii)have an interest in the welfare or financial affairs of the individual.

[F6(9A) The Scottish Ministers must consider whether to make an appointment by virtue of paragraph (4A), or to terminate such appointment, if requested to do so by—

(a)the individual, or

(b)anyone else who appears to the Ministers to—

(i)have authority to act on behalf of the individual,

(ii)reside with, and have care of the individual, or

(iii)have an interest in the welfare or financial affairs of the individual.]

(10) Paragraph (11) applies where the Scottish Ministers are deciding whether to make an appointment by virtue of paragraph (4) [F7or (4A)] or to terminate such an appointment.

(11) In making the decision, the Scottish Ministers must, insofar as practicable, have regard to—

(a)the wishes and feelings of the individual, F8...

(b)the views of anyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the [F9individual, and]

[F10(c)where the individual is under 16 years of age, the views of anyone who is a relevant person in relation to the individual within the meaning of section 200 of the Children’s Hearings (Scotland) Act 2011.]

(12) A person appointed by the Scottish Ministers under and in accordance with section 85B of the 2018 Act may be treated by them as an appointee of—

(a)an individual described in regulation 7 or 7A, or

(b)a person who is responsible for an individual described in regulation 8,

in connection with the determination of the individual’s entitlement to benefit under these Regulations.

[F11(12A) A person appointed by the Scottish Ministers under and in accordance with section 85A of the 2018 Act may be treated by them as an appointee of an individual under 16 years of age in connection with the determination of the individual’s entitlement to benefit under these Regulations.]

(13) In respect of decisions in relation to appointees for the purposes of this regulation, the Scottish Ministers must act in accordance with guidelines prepared for the purposes of section 85C of the 2018 Act as if the references in those guidelines [F12to appointments under that Act] were references to appointments under these Regulations.

(14) A person appointed under this regulation must have regard to any guidance issued by the Scottish Ministers about the way in which the role of appointee should be carried out.

(15) In this regulation, “the 2018 Act” means the Social Security (Scotland) Act 2018.]

Textual Amendments

F1Reg. 12A inserted (2.7.2022) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2022 (S.S.I. 2022/167), regs. 1, 7

F2Words in reg. 12A(2) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(a) (with regs. 3, 4)

F3Reg. 12A(4A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(b) (with regs. 3, 4)

F4Words in reg. 12A(6) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(c) (with regs. 3, 4)

F5Reg. 12A(6A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(d) (with regs. 3, 4)

F6Reg. 12A(9A) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(e) (with regs. 3, 4)

F7Words in reg. 12A(10) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(f) (with regs. 3, 4)

F8Word in reg. 12A(11)(a) omitted (26.2.2024) by virtue of The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(i) (with regs. 3, 4)

F9Words in reg. 12A(11)(b) substituted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(ii) (with regs. 3, 4)

F10Reg. 12A(11)(c) inserted (26.2.2024) by The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023 (S.S.I. 2023/371), regs. 1(1), 2(13)(g)(iii) (with regs. 3, 4)