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The Social Security (Scotland) Act 2018 (Commencement No. 10 and Transitional Provision) Regulations 2024

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Scotland) Act 2018 (Commencement No. 10 and Transitional Provision) Regulations 2024 and come into force on 1 April 2024.

(2) In these Regulations—

the 2018 Act” means the Social Security (Scotland) Act 2018,

the 2001 Regulations” means the Discretionary Financial Assistance Regulations 2001(1).

Appointed day

2.  The day appointed for the coming into force of the following provisions of the 2018 Act is 1 April 2024—

(a)section 88 (local authorities’ power to make payments),

(b)section 89 (restrictions on power to make payments),

(c)section 90 (local authorities’ duty to provide information about payments),

(d)so far as not already in force, section 91 (guidance)(2),

(e)section 92 (local authorities need not make payments if not funded), and

(f)section 93 (power to modify section 88).

Transitional provision

3.  Any rights or liabilities accrued in relation to—

(a)a claim for discretionary housing payment made in accordance with regulation 6 (form, manner and procedure for claims) of the 2001 Regulations which was received before 1 April 2024 but in relation to which no decision has been notified under regulation 6(3) of the 2001 Regulations,

(b)a request for a review of a decision made in respect of a claim for discretionary housing payment which has been received before 1 April 2024 but in relation to which no decision has been notified under regulation 6(3) of the 2001 Regulations,

(c)a decision which has been reviewed before 1 April 2024 in accordance with regulation 8 (reviews) of the 2001 Regulations but in relation to which the making, cancellation or recovery of a discretionary housing payment has not taken place,

continue to have effect for all purposes on and after that date as if they were accrued under Part 5 of the 2018 Act.

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

20th February 2024

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