Social Security (Scotland) Act 2018

PART 1TENETS AND OVERSIGHT

1The Scottish social security principles

2Effect of the principles

Promotion of take-up

3Scottish Ministers' duty to promote take-up

4Recognition of importance of inclusive communication

5Recognition of importance of accessible information

6Recognition of importance of independent information, advice and advocacy

7Recognition of importance of available data

8Strategy to promote take-up

9Further provision about preparing strategies to promote take-up

10Right to advocacy

11Advocacy service standards

12Restriction on private-sector involvement in assessments

13Assessors to be suitably qualified

14Assessments only to be required where necessary

15The Scottish social security charter

16Preparing the first charter

17Publication of the charter

18Reviewing the charter

19Effect of the charter

20Annual report

21Scottish Commission on Social Security

22Commission functions

23Meaning of “Scottish social security system”

PART 2GIVING OF ASSISTANCE BY SCOTTISH MINISTERS

CHAPTER 1ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT

24Duty to give assistance

25Meaning of “determination of entitlement”

26Individual's right to stop receiving assistance

27Later determination supersedes earlier

CHAPTER 2TYPES OF ASSISTANCE TO BE GIVEN

28Carer's assistance

29Cold-spell heating assistance

30Winter heating assistance

31Disability assistance

32Early years assistance

33Employment-injury assistance

34Funeral expense assistance

35Housing assistance

36Short-term assistance

CHAPTER 3DETERMINING ENTITLEMENT

Determination by the Scottish Ministers

37Duty to make determination

38Application for assistance

39Withdrawal of application

40Notice of determination

Re-determination by the Scottish Ministers

41Right to request re-determination

42Late request for re-determination

43Duty to re-determine

44Notice of re-determination

45Notice where re-determination not made timeously

Appeal against the Scottish Ministers' determination

46Right to appeal to First-tier Tribunal against determination

47Initiating an appeal

48Deadline for appealing

49First-tier Tribunal's power to determine entitlement

The determination of entitlement

50Decisions comprising determination

51Determination on basis of ongoing entitlement

52Determination without application

Coronavirus: relaxation of deadlines

52ARe-determination and appeal deadlines

52BApplications for assistance

CHAPTER 4FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT

Identifying possible eligibility

53Duty to inform about possible eligibility

Obtaining information to make determination

54Obligation to provide information on request

55Requirement to justify assessment requests

56Duty to notify change of circumstances

57Lifting of duty to notify change of circumstances

58Appointment of person to act on behalf of individual

Support during discussions and assessments

59Right to support

Access to reports

60Right to reports used in determining entitlement

Right to appeal Scottish Ministers' process decisions

61Appeal to First-tier Tribunal against process decisions

Presumption about when information is received

62Presumption for purposes of sections 41, 48 and 61

Non-disclosure of health information

62ANon-disclosure of information about individual's health

CHAPTER 5RECOVERY OF VALUE OF ASSISTANCE

Assistance given in error

63Liability for assistance given in error

64Exclusion from liability

65Consideration for debtor's circumstances

66Prescription of liability

67Exclusion of other rights of recovery

68First-tier Tribunal's jurisdiction

69Liability where assistance given for period after death

Funeral expense assistance

70Liability of deceased's estate

CHAPTER 6OFFENCES

71Offence of trying to obtain assistance by deceit

72Offence of failing to notify

73Offence of causing a failure to notify

74Individual culpability for offending by an organisation

75Power to make provision about investigations

76Code of practice on investigations

77Duty to consider effects of inflation

78Duty to uprate carer's, disability, employment-injury and funeral expense assistance

PART 3SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS

Top up of reserved benefits

79Power to provide for top up

80Restrictions on power

80ADefault provision in respect of offences

Carer's allowance: temporary provision

81Carer's allowance supplement

82Power to repeal temporary provision

PART 4FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3

Inalienability of assistance

83No assignation or charge

84Retention of right to assistance on bankruptcy etc.

84APower to make provision about investigations

84B Code of practice on investigations

Identifying possible eligibility

84CDuty to inform about possible eligibility

Information-sharing

85Information-sharing

85AAppointment of person to act on behalf of child

85BAppointment of person to act in other circumstances

85CGuidelines for decisions about appointees

85EGuidance for appointees

Agency arrangements

86Agency arrangements for housing assistance

Uprating for inflation

86ADuty to consider effects of inflation

86BDuty to uprate certain types of assistance

Monitoring of appeal process

87Report to the Scottish Parliament on exercise of right to appeal

Assistance given in error: First-tier Tribunal's jurisdiction

87APower to transfer jurisdiction from sheriff to tribunal

PART 5DISCRETIONARY HOUSING PAYMENTS

88Local authorities' power to make payments

89Restrictions on power to make payments

90Local authorities' duty to provide information about payments

92Local authorities need not make payments if not funded

93Power to modify section 88

PART 6UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS

94Universal credit: payment to joint claimants

PART 7FINAL PROVISIONS

95Ancillary provision

96Regulation-making powers

97Further procedure for regulations about assistance

98Temporary disapplication of section 97

SCHEDULE 1SCOTTISH COMMISSION ON SOCIAL SECURITY

PART 1OPERATION AND COMPOSITION OF THE COMMISSION

CHAPTER 1STATUS

1(1) In performing its functions, the Scottish Commission on Social...

Exclusion of Crown status

2The Commission— (a) is not a servant or agent of...

CHAPTER 2POWERS

3The Commission may do anything which appears to it—

Access to information

4(1) The Commission— (a) has a right of access at...

CHAPTER 3PROCEDURE

5(1) The Commission may establish committees and sub-committees.

Regulation of procedure

6The Commission may regulate its own procedure (including quorum) and...

Authority to perform functions

7(1) The Commission may authorise— (a) any of its members,...

Validity of things done

8The validity of anything done by the Commission, its committees...

CHAPTER 4FINANCE

Remuneration and expenses of members

9(1) The Commission's members are entitled to be paid by...

Expenses of non-members

10(1) A person who attends a meeting of the Commission...

11The Scottish Ministers are to provide the Commission with such...

Accounts and audit

12(1) The Commission must— (a) keep proper accounts and accounting...

CHAPTER 5MEMBERSHIP

Number of members

13(1) The Commission is to consist of—

Appointment of members

14(1) The Scottish Ministers are to appoint the Commission's members....

Tenure and other terms and conditions

15(1) A person's membership of the Commission continues until the...

Early termination

16(1) A member of the Commission may resign by giving...

Disqualification grounds

17(1) A person is disqualified from being a member of...

PART 2APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES

Ethical Standards in Public Life etc. (Scotland) Act 2000

18In schedule 3 of the Ethical Standards in Public Life...

Freedom of Information (Scotland) Act 2002

19In schedule 1 of the Freedom of Information (Scotland) Act...

Public Appointments and Public Bodies etc. (Scotland) Act 2003

20In schedule 2 of the Public Appointments and Public Bodies...

Public Services Reform (Scotland) Act 2010

21In schedule 5 of the Public Services Reform (Scotland) Act...

SCHEDULE 2CARER'S ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER

1(1) The regulations must be framed so that (subject to...

2(1) The regulations may be framed so that, despite the...

CHAPTER 2FURTHER CRITERIA

Carer's other activities

3The regulations may make an individual's eligibility depend on—

Multiple carers

4The regulations may make an individual's eligibility depend on being...

Residence and presence

5The regulations may make an individual's eligibility depend on either...

6The regulations may make an individual's eligibility depend on the...

Financial circumstances

7The regulations may make an individual's eligibility depend on the...

Receipt of, or eligibility for, other types of State assistance

8The regulations may make an individual's eligibility depend on the...

Application within specified period

9The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Meeting liabilities

10The regulations may provide for the carer's assistance that is...

Restriction on giving assistance in a form other than money

11(1) The regulations may allow carer's assistance to be given...

Power to set value of assistance as nil

11A(1) Provision may be made in the regulations for the...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

12Nothing in this schedule, apart from the following provisions, is...

13In this schedule— “cared-for person” means the individual by providing...

SCHEDULE 3COLD-SPELL HEATING ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL

1The regulations must be framed so that (subject to any...

2(1) The regulations may be framed so that, despite the...

3The regulations are to set out, for the purpose of...

CHAPTER 2FURTHER CRITERIA

4The regulations may make an individual's eligibility depend on the...

Financial circumstances

5The regulations may make an individual's eligibility depend on the...

Receipt of, or eligibility for, other types of State assistance

6The regulations may make an individual's eligibility depend on either...

Application within specified period

7The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Domestic circumstances and age

8The regulations may make the value of the cold-spell heating...

Restriction on giving assistance in a form other than money

9(1) The regulations may allow cold-spell heating assistance to be...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

10Nothing in this schedule, apart from the following provisions, is...

11In this schedule— “eligibility” means eligibility for cold-spell heating assistance...

SCHEDULE 4WINTER HEATING ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

Residence and presence

1The regulations may make an individual's eligibility depend on the...

2The regulations may make an individual's eligibility depend on the...

Financial circumstances

3Subject to paragraph 4, the regulations may not make an...

Receipt of, or eligibility for, other types of State assistance

4The regulations may make an individual's eligibility depend on either...

Application within specified period

5The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Domestic circumstances and age

6The regulations may make the value of the winter heating...

Financial circumstances

7Subject to paragraph 8, the regulations may not make the...

Receipt of, or eligibility for, other types of State assistance

8The regulations may make the value of assistance depend on...

Restriction on giving assistance in a form other than money

9(1) The regulations may allow winter heating assistance to be...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

10Nothing in this schedule, apart from the following provisions, is...

11In this schedule— “eligibility” means eligibility for winter heating assistance...

SCHEDULE 5DISABILITY ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY

1(1) The regulations must be framed so that (subject to...

2(1) The regulations may be framed so that, despite the...

CHAPTER 2FURTHER CRITERIA

Nature and extent of disability and needs

3The regulations may make an individual's eligibility depend on the...

Residence and presence

4The regulations may make an individual's eligibility depend on the...

5The regulations may make an individual's eligibility depend on the...

Financial circumstances

6Subject to paragraph 7, the regulations may not make an...

Receipt of, or eligibility for, other types of State assistance

7The regulations may make an individual's eligibility depend on the...

Application within specified period

8The regulations may provide that an individual ceases to be...

CHAPTER 3SPECIAL RULES FOR TERMINAL ILLNESS CASES

No minimum period

9The regulations may not make the eligibility of an individual...

No requirement for assessment

10The regulations may not make the eligibility of an individual...

Eligibility from date of application

11The regulations must be framed so that an individual who...

Entitlement to maximum amount

12The regulations must be framed so that an individual who...

PART 2ASSISTANCE TO BE GIVEN

Nature and extent of disability

13The regulations may make the value of the disability assistance...

14The regulations may make the value of the disability assistance...

Power to set value of assistance as nil

14A(1) Provision may be made in the regulations for the...

Meeting liabilities

15The regulations may provide for the disability assistance that is...

Payment to someone else

16The regulations may provide that, if the Scottish Ministers consider...

Restriction on giving assistance in a form other than money

17(1) The regulations may allow disability assistance to be given...

Restriction on lump sums

18The regulations may not provide for the disability assistance that...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

19Nothing in this schedule, apart from the following provisions, is...

20In this schedule— “eligibility” means eligibility for disability assistance and...

SCHEDULE 6EARLY YEARS ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD

1(1) The regulations must be framed so that an individual's...

CHAPTER 2FURTHER CRITERIA

Limit to number of people entitled

2The regulations may provide that an individual is not eligible,...

Residence and presence

3The regulations may make an individual's eligibility depend on the...

Financial circumstances

4The regulations may make an individual's eligibility depend on the...

Receipt of, or eligibility for, other types of State assistance

5The regulations may make an individual's eligibility depend on the...

Application within specified period

6The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Restriction on giving assistance in a form other than money

7(1) The regulations may allow early years assistance to be...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

8Nothing in this schedule, apart from the following provisions, is...

9In this schedule— “eligibility” means eligibility for early years assistance...

SCHEDULE 7EMPLOYMENT-INJURY ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK

1The regulations must be framed so that (subject to any...

2(1) The regulations may be framed so that, despite the...

3(1) The regulations are to define the following terms for...

CHAPTER 2FURTHER CRITERIA

Place where injury suffered or disease contracted

4The regulations may make an individual's eligibility depend on where,...

Residence and presence

5The regulations may make an individual's eligibility depend on the...

6The regulations may make an individual's eligibility depend on the...

Financial circumstances

7Subject to paragraph 8, the regulations may not make an...

Receipt of, or eligibility for, other types of State assistance

8The regulations may make an individual's eligibility depend on the...

Application within specified period

9The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Nature of injury or disease

10The regulations may make the value of the employment-injury assistance...

11The regulations may make the value of the employment-injury assistance...

Power to set value of assistance as nil

11A(1) Provision may be made in the regulations for the...

Meeting liabilities

12The regulations may provide for the employment-injury assistance that is...

Restriction on giving assistance in a form other than money

13(1) The regulations may allow employment-injury assistance to be given...

Restriction on lump sums

14The regulations may not provide for the employment-injury assistance that...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

15Nothing in this schedule, apart from the following provisions, is...

16In this schedule— “eligibility” means eligibility for employment-injury assistance, and...

SCHEDULE 8FUNERAL EXPENSE ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

1(1) The regulations must be framed so that an individual's...

CHAPTER 2FURTHER CRITERIA

Location of the funeral

2The regulations may make an individual's eligibility depend on where...

Relationship with the deceased

3The regulations may make an individual's eligibility depend on the...

Value of deceased's estate

4The regulations may make an individual's eligibility depend on the...

Residence and presence

5The regulations may make an individual's eligibility depend on either...

Financial circumstances

6The regulations may make an individual's eligibility depend on the...

Receipt of, or eligibility for, other types of State assistance

7The regulations may make an individual's eligibility depend on either...

Application within specified period

8The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

9The regulations may specify items of expense in relation to...

10The regulations may set a limit on the value of...

11The regulations may set a limit on the total value...

12The regulations may provide for the amount of funeral expense...

Restriction on giving assistance in a form other than money

13(1) The regulations may allow funeral expense assistance to be...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

14Nothing in this schedule, apart from the following provisions, is...

15In this schedule— “deceased person” means the person in respect...

SCHEDULE 9HOUSING ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

CHAPTER 1ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS

1(1) Subject to sub-paragraph (2) and paragraph 2, the regulations...

2(1) The regulations may be framed so that, despite the...

CHAPTER 2FURTHER CRITERIA

Participation in education

3The regulations may make an individual's eligibility depend on—

Residence and presence

4The regulations may make an individual's eligibility depend on the...

5The regulations may make an individual's eligibility depend on the...

Financial circumstances

6The regulations may make an individual's eligibility depend on the...

Receipt of, or eligibility for, other types of State assistance

7The regulations may make an individual's eligibility depend on either...

Application within specified period

8The regulations may provide that an individual ceases to be...

PART 2ASSISTANCE TO BE GIVEN

Cases where paragraph 1(3) conditions met

9(1) The regulations must provide for the value of housing...

Cases where paragraph 1(3) conditions not met

10In a case to which paragraph 9 does not apply,...

Power to set value of assistance as nil

10A(1) Provision may be made in the regulations for the...

Meeting liabilities

11The regulations may provide for housing assistance that is to...

Restriction on giving assistance in a form other than money

12(1) The regulations may allow housing assistance to be given...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

13Nothing in this schedule, apart from the following provisions, is...

14In this schedule (unless stated otherwise)— “eligibility” means eligibility for...

SCHEDULE 10SHORT-TERM ASSISTANCE REGULATIONS

PART 1ELIGIBILITY

Entitlement to other assistance being reviewed

1(1) The regulations must be framed so that an individual...

PART 2ASSISTANCE TO BE GIVEN

Value and form of assistance where entitlement to other assistance under review

2(1) This paragraph applies to any case in which an...

PART 3FINAL PROVISIONS

Generality of enabling power unaffected

3Nothing in this schedule is to be taken to preclude...

4In this schedule, “the regulations” means regulations under section 36(2)....

SCHEDULE 11Suspension of assistance

Circumstances in which assistance may be suspended

1(1) The regulations may provide for an individual's assistance to...

Safeguards: requirement to consider financial circumstances before suspension

2The regulations must require the Scottish Ministers, before suspending the...

Safeguards: right to review suspension

3The regulations must confer a right on an individual whose...

Safeguards: information to be given following suspension

4(1) The regulations must require the Scottish Ministers to inform...

Safeguards: effect of suspension ending

5The regulations must provide that when— (a) the suspension of...

Generality of enabling power unaffected

6Nothing in this schedule is to be taken to limit...

7In this schedule— (a) references to an individual's assistance being...

Social Security (Scotland) Act 2018

2018 asp 9

An Act of the Scottish Parliament making provision about social security.

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th April 2018 and received Royal Assent on 1st June 2018