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Scotland Act 1998

Third Reservation

This reserves legislative competence over the circumstances in which a person is liable to maintain himself or another for the purposes of social security legislation and the Child Support Acts 1991 to 1995.  Social security legislation places a legal duty on an individual to maintain himself and his spouse and dependant children or any person in respect of whom he has given an undertaking to maintain under the Immigration Act 1971.  This requirement applies generally but it only becomes relevant when a person makes a claim to an income related social security benefit.  When this happens the Secretary of State may seek an order from the sheriff in Scotland for the recovery of the benefit from the liable person.  So far as the maintenance of a dependant child is concerned, that legislation is largely superseded by the Child Support Acts 1991 and 1995 (the subject-matter of which is separately reserved under Section F2).

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