The Scotland Act 1998 (Agency Arrangements) (Specification) Order 2024

Functions relating to winter heating assistance

3.—(1) This article applies to any function that is exercisable by the Scottish Ministers in relation to—

(a) the determination of entitlement to winter heating assistance;

(b) the making of process decisions in connection with winter heating assistance;

(c) the making of payments for winter heating assistance;

(d) over- and under-payments of winter heating assistance;

(e) appeals in connection with winter heating assistance.

(2) In this article—

“determination of entitlement” means a determination of an individual’s entitlement to assistance under section 37 (duty to make determination) or section 43 (duty to re-determine) of the Social Security (Scotland) Act 2018(1);

“process decision” means any decision which an individual has the right to appeal against by virtue of section 61 (appeal to First-tier Tribunal against process decisions) of the Social Security (Scotland) Act 2018;

“winter heating assistance” means assistance given in accordance with regulations made under section 30 (winter heating assistance) of the Social Security (Scotland) Act 2018 which are in force on the day immediately before the day on which this Order comes into force, but does not include assistance given in accordance with—

(a)

the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020(2); or

(b)

the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023(3).

(1)

2018 asp 9.

(2)

S.S.I. 2020/352, to which there are amendments not relevant to this Order.

(3)

S.S.I. 2023/16, to which there are amendments not relevant to this Order.