PART 3

Welfare benefits and employment support

Welfare benefits

Discretionary payments and assistance
26
In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, for the words from “Providing occasional financial” to “unsettled way of life.” substitute—
Exception 7
Providing financial or other assistance to or in respect of individuals who appear to require it for the purposes of meeting, or helping to meet, a short-term need that requires to be met to avoid a risk to the well-being of an individual.
This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—
a
the requirement for it also arises from some exceptional event or exceptional circumstances, and
b
the need is immediate as well as short-term.
Exception 8
Providing occasional financial or other assistance to or in respect of individuals who have been or might otherwise be—
a
in prison, hospital, a residential care establishment or other institution, or
b
homeless or otherwise living an unsettled way of life,
and who appear to require the assistance to establish or maintain a settled home.
S. 26 in force at 5.9.2016 by S.I. 2016/759, reg. 3(d)