Social Security (Scotland) Act 2018 (asp 9)

SCHEDULE 7 EMPLOYMENT-INJURY ASSISTANCE REGULATIONS

PART 2 ASSISTANCE TO BE GIVEN

CHAPTER 1 VALUE

Nature of injury or disease

10 The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the—

(a) kind, and

(b) severity,

of the injury or disease in respect of which the assistance is to be given.

Age

11 The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the individual’s age.

CHAPTER 2 FORM

Meeting liabilities

12 The regulations may provide for the employment-injury assistance that is to be given to an individual to be given (in whole or in part) by way of—

(a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

(b) deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

13 (1) The regulations may allow employment-injury assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual’s behalf) has agreed to the assistance being given in that form.

(2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual’s behalf) to withdraw agreement to being given employment-injury assistance in a form other than money at any time.

(3) Despite sub-paragraph (1), the regulations may provide for employment-injury assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

(4) For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

Restriction on lump sums

14 The regulations may not provide for the employment-injury assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual’s entitlement arises on account of someone having, or having had—

(a) pneumoconiosis,

(b) byssinosis,

(c) diffuse mesothelioma,

(d) bilateral diffuse pleural thickening, or

(e) primary carcinoma of the lung where there is accompanying evidence of—

(i) asbestosis,

(ii) bilateral diffuse pleural thickening, or

(iii) both.