The Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014

Scottish Statutory Instruments

2014 No. 298

Social Security

The Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014

Made

6th November 2014

Laid before the Scottish Parliament

10th November 2014

Coming into force

9th December 2014

The Scottish Ministers make the following Order in exercise of the power conferred by section 70(3)(a) of the Child Support, Pensions and Social Security Act 2000(1) and all other powers enabling them to do so.

Citation, commencement and extent

1.—(1) This Order may be cited as the Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014 and comes into force on 9th December 2014.

(2) This Order extends to Scotland only.

Revocation

2.  The following enactments are revoked—

(a) article 7(1) of the Discretionary Housing Payments (Grants) Order 2001(2);

(b) article 2(2)(b) of the Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014(3).

NICOLA STURGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

6th November 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order is made by the Scottish Ministers under section 70(3)(a) of the Child Support, Pensions and Social Security Act 2000 (c.19) (“the 2000 Act”), which provides for the power to place a limit on the total amount of expenditure that local authorities can incur in making discretionary housing payments. The power to make discretionary housing payments is conferred on local authorities by regulations made under section 69 of the 2000 Act, the Discretionary Financial Assistance Regulations 2001 (S.I. 2001/1167).

The power to make this Order was transferred from the Secretary of State to the Scottish Ministers by virtue of an Order made under section 63(1) of the Scotland Act 1998 (c.46) (power to transfer functions): the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014 (S.I. 2014/2918).

Following on from that transfer, this Order revokes article 7(1) of the Discretionary Housing Payments (Grants) Order 2001 (“the 2001 Order”), which imposed the limit in Great Britain, and article 2(2)(b) of the Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014, which amended article 7(1) of the 2001 Order. The revocation of these enactments extends only to Scotland and its effect is that there is no limit imposed on the expenditure on discretionary housing payments of local authorities in Scotland from the financial year commencing 1st April 2014.

(1)

2000 c.19; section 70 is amended by the Local Government Act 2003 (c.26), Schedule 8, Part 1, and by the Welfare Reform Act 2012 (c.5), Schedule 3, paragraph 12 but the amendments made by that Act are not yet in force. The functions of the Secretary of State under section 70(3)(a) were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014 (S.I. 2014/2918), article 2.

(2)

S.I. 2001/2340; article 7(1) is amended by S.I. 2014/1667.

(3)

S.I. 2014/1667.