The Social Security (Claims and Payments) (Miscellaneous Amendments) (Scotland) Regulations 2021

Scottish Statutory Instruments

2021 No. 305

Social Security

The Social Security (Claims and Payments) (Miscellaneous Amendments) (Scotland) Regulations 2021

Made

8th September 2021

Laid before the Scottish Parliament

10th September 2021

Coming into force

18th October 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 5(1)(i) and 189(1), (5) and (6) of the Social Security Administration Act 1992(1) and all other powers enabling them to do so.

(1)

1992 c. 5. Section 189(1) was amended by paragraph 57(2) of schedule 3 of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and paragraph 1 of schedule 6 of the Tax Credits Act 2002 (c. 21). Section 189(6) was amended by S.I. 2013/252. The function of making regulations under section 5 of the Social Security Administration Act 1992 (“the 1992 Act”) is exercisable by the Secretary of State by virtue of section 189(1) of that Act. The functions of the Secretary of State under sections 5 and 189 of the 1992 Act, as regards Scotland, transferred to the Scottish Ministers on 1 April 2020. Legislative competence for disability, industrial injuries and carer’s benefits and benefits for maternity, funeral and heating expenses were transferred to the Scottish Parliament by section 22(2) and 23(2) of the Scotland Act 2016 (c.11) (“the 2016 Act”). Sections 22(2) and 23(2) inserted exceptions into paragraph F1 of schedule 5 of the Scotland Act 1998 (c. 46). Sections 22(2) and 23(2) of the 2016 Act were brought into force on 17 May 2017 by S.I 2017/455, subject to transitional arrangements set out in S.I. 2017/444 which modified the operation of the Scotland Act 1998. Section 32 of the 2016 Act provides the meaning of “pre-commencement enactment” in this context. The transitional arrangements in respect of disability, industrial injuries and carer’s benefits, and benefits for maternity, funeral and heating expenses ended on 31 March 2020 (see regulations 4 and 7 of S.I. 2017/444). Accordingly, in so far as the functions under section 5 and 189 are exercisable within devolved competence, they are now exercisable by the Scottish Ministers.