Social Security (Amendment) (Scotland) Act 2025 Explanatory Notes

1. Introduction

2. Crown Application

3. Overview of the Act

4. Commentary on Provisions

   1. Part 1 – Types of Social Security Assistance

      1. Section 1: Childhood assistance

      2. Section 2: Care experience assistance

   2. Part 2 – Applications for Assistance

      1. Section 3: Repeal of section 52B of the 2018 Act

      2. Section 4: Power to make provision about late applications for assistance

   3. Part 3 – Determinations and Re-Determinations of Entitlement to Assistance

      1. Re-determinations

         1. Section 5: Re-determination and appeal deadlines in exceptional circumstances

         2. Section 6: Withdrawal of request for re-determination

         3. Section 7: Re-determinations after the period allowed

      2. New determination of entitlement during appeal

         1. Section 8: New determination of entitlement during appeal

      3. Determinations as part of appeal

         1. Section 9: Determinations as part of appeal

      4. Appeal against Scottish Ministers’ process decisions

         1. Section 10: Appeal to First-tier Tribunal against process decisions

   4. Part 4 – Assistance Given in Error

      1. Section 11: Liability for assistance given in error

      2. Section 13: Assistance given in error: reviews and appeals

      3. Section 14: Assistance given in error: deductions from other assistance

   5. Part 5 – Appointees

      1. Section 15: Power to make provision in relation to appointments made by a Minister of the Crown

      2. Section 16: Liability of appointees under sections 85A and 85B of the 2018 Act

   6. Part 6 – Uprating Assistance for Inflation

      1. Section 17: Duty to uprate assistance for inflation

   7. Part 7 – Information for Audit

      1. Section 18: Information for audit of social security system

   8. Part 8 – Recovery from Compensation Payments

      1. Section 19: Recovery of value of assistance from compensation payments

   9. Part 9 – Scottish Commission on Social Security

      1. Section 20: Scrutiny of regulations by the Commission

      2. Section 21: Removal of Commission’s status as body corporate

      3. Section 22: Removal of Commission’s accounting and auditing duties

      4. Section 23: Duty on Commission to publish annual report

   10. Part 10: Final Provisions

       1. Section 24: Meaning of “2018 Act”

       2. Section 25: Ancillary provision

       3. Section 26: Regulation-making powers

       4. Section 27: Commencement

       5. Section 28: Short title

5. Parliamentary History