2021 No. 305

Social Security

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

Made

Laid before the Scottish Parliament

Coming into force

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 19921 and all other powers enabling them to do so.

Citation, commencement and extent1

1

These Regulations may be cited as the Social Security (Claims and Payments) (Miscellaneous Amendments) (Scotland) Regulations 2021 and come into force on 18 October 2021.

2

These Regulations extend to Scotland only.

Interpretation2

In these Regulations—

  • “the 1987 Regulations” means the Social Security (Claims and Payments) Regulations 19872, and

  • “the 2013 Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 20133.

Amendment of the 1987 Regulations3

After regulation 21ZA (payment of arrears of benefits by instalments) of the 1987 Regulations4 insert—

Payment of arrears of benefit by instalments21ZB

1

In relation to payments made under provisions related to devolved social security matters, the Scottish Ministers may pay arrears of benefit in instalments where—

a

the Scottish Ministers consider it is necessary for protecting the interests of the beneficiary, and

b

the beneficiary agrees that those arrears may be paid in instalments.

2

For the purpose of paragraph (1), “devolved social security matters” means matters which are within the legislative competence of the Scottish Parliament by virtue of exceptions 1 to 10 in Section F1 of Part 2 of schedule 5 of the Scotland Act 19985.

Amendment of the 2013 Regulations4

In regulation 48 (payment of personal independence payment) of the 2013 Regulations, after paragraph (4)6 insert—

5

The Scottish Ministers may pay arrears of personal independence payment in instalments where—

a

the Scottish Ministers consider it is necessary for protecting the interests of the claimant, and

b

the claimant agrees that those arrears may be paid in instalments.

BEN MACPHERSONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulations 2 and 3 of these Regulations amend respectively the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968) and the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380) to allow the Scottish Ministers to pay benefit arrears in instalments where the Scottish Ministers consider it to be in the interest of the person entitled to the benefit and that person agrees to the payment of the arrears in that way.

The benefits to which these Regulations apply are currently administered pursuant to an agency agreement under section 93 of the Scotland Act 1998.

No business and regulatory impact assessment has been prepared for these Regulations as no impact on business, charities or voluntary bodies is foreseen.