The Social Security Administration and Tribunal Membership (Scotland) Act 2020 (Commencement No. 5 and Transitional Provisions) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the Social Security Administration and Tribunal Membership (Scotland) Act 2020 (“the 2020 Act”).These Regulations make transitional provision relating to appointments under the Social Security (Scotland) Act 2018 (“the 2018 Act”).

Regulation 2 commences section 2(1), (2), (3) and (7) of the 2020 Act on 24 January 2022. It also commences section 2(4) in part on the same date. Section 2 of the 2020 Act amends the 2018 Act to insert a new set of provisions relating to appointments of persons to act on behalf of an individual in connection with the determination of their entitlement to social security assistance, and repeals section 58 of that Act which is superseded by the new provisions.

Regulation 3 makes transitional provision for persons previously appointed to act on behalf of an individual under section 58(1) of the 2018 Act. It provides that on or after 24 January 2022 persons appointed under section 58 will be treated as if they had been appointed under section 85B which is being inserted into the 2018 Act.

The Bill for the 2020 Act received Royal Assent on 10 November 2020. In accordance with section 18(1) of that Act, sections 1, 4, 5, 6, 14, 17, 18 and 19 came into force the following day.