PART 1 Social security administration

Identifying possible eligibility

9 Duty to inform about possible eligibility
(1) The Social Security (Scotland) Act 2018 is modified as follows.
(2) Section 53 is—
(a) moved to after section 84B (and the italic heading immediately preceding it moves with it), and
(b) re-numbered 84C.
(3) In section 84C—
(a) in subsection (1), after “assistance”, where it first appears, insert “ under Part 2 or (as the case may be) regulations under section 79, ”,
(b) in subsection (2)(b)(ii), after “52” insert “ , or (as the case may be) section 79 ”,
(c) in subsection (3), after “54(1)” insert “ , or (as the case may be) regulations under section 79 ”,
(d) for paragraphs (a) and (b) of subsection (4) substitute—

“(a) where the determination mentioned in subsection (1) relates to an individual's entitlement to assistance under Part 2—
(i) a different type of assistance described in Chapter 2 of that Part from the type of assistance that the determination mentioned in subsection (1) relates to,
(ii) the same type of assistance as that determination relates to, but in respect of a different period or (as the case may be) event, or
(iii) assistance under regulations under section 79,
(b) where the determination mentioned in subsection (1) relates to an individual's entitlement to assistance under regulations under section 79—
(i) a different type of assistance described in regulations under section 79 from the type of assistance that the determination mentioned in subsection (1) relates to,
(ii) the same type of assistance as that determination relates to, but in respect of a different period or (as the case may be) event, or
(iii) a type of assistance described in Chapter 2 of Part 2.”.

10 Transitional provision in consequence of section 9
(1) Anything done under section 53 of the Social Security (Scotland) Act 2018 (“the 2018 Act”) is to be treated as having been done under section 84C of that Act.
(2) And any reference to section 53 of the 2018 Act in any enactment or other document is to be read accordingly.

S. 9 in force at 26.7.2021 by S.S.I. 2021/232, reg. 2(c)
S. 10 in force at 26.7.2021 by S.S.I. 2021/232, reg. 2(d)