Scotland Act 2016

24 Discretionary payments: top-up of reserved benefits

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, after exception 4 (see section 23 above) insert—

• “Exception 5

  Providing financial assistance to an individual who—

  (a)

  is entitled to a reserved benefit, and

  (b)

  appears to require financial assistance, in addition to any amount the individual receives by way of reserved benefit, for the purpose, or one of the purposes, for which the benefit is being provided.

  This exception does not except discretionary financial assistance in a reserved benefit.

  This exception also does not except providing financial assistance to meet or help to meet housing costs (as to which, see exception 6).

  This exception also does not except providing financial assistance where the requirement for it arises from reduction, non-payability or suspension of a reserved benefit as a result of an individual’s conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

  (a)

  the requirement for it also arises from some exceptional event or exceptional circumstances, and

  (b)

  the requirement for it is immediate.

  For the purposes of this exception “reserved benefit” means a benefit which is to any extent a reserved matter.”