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5.—(1) A local authority is not to provide assistance from its welfare fund to or in respect of a person who appears to the authority not to require that assistance by virtue of—
(a)income being received by that person; or
(b)capital held by that person.
(2) A local authority is not to consider a person ineligible for assistance by virtue of paragraph (1)(a) if that person is entitled to—
(a)an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(1));
(b)income support under the Social Security Contributions and Benefits Act 1992(2);
(c)income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007(3);
(d)universal credit under Part 1 of the Welfare Reform Act 2012(4); or
(e)state pension credit payable under the State Pension Credit Act 2002(5).
(3) In deciding whether a person is ineligible for assistance by virtue of paragraph (1), a local authority is to have regard to any guidance about the assessment of income and capital issued by the Scottish Ministers under section 6 of the Act.
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