# The Scotland Act 2016 (Social Security) (Consequential Provision) (Miscellaneous Amendment) Regulations 2021, Regulation 9: Amendment of the Social Security (Claims and Payments) Regulations 1987


(1) The Social Security (Claims and Payments) Regulations 1987 are amended as follows.
(2) In regulation 2(1) (interpretation), after the definition of “the 2013 Regulations” insert—
““the 2018 Scotland Act” means the Social Security (Scotland) Act 2018;”.
(3) After regulation 33(1A) (persons unable to act) insert—
“(1B) Where a natural person over the age of 18 has been appointed by the Scottish Ministers under a qualifying appointment pursuant to the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the individual), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).
(1C) In paragraph (1B), a qualifying appointment means—
(a) an appointment made under section 58(1) of the 2018 Scotland Act in a case where section 58(4) of that Act applies, or
(b) an appointment made under section 85B(1) of the 2018 Scotland Act in a case where section 85B(7) of that Act applies.”.
(4) After regulation 43(1) (children) insert—
“(1A) Subject to paragraph (1B), where a person has been appointed by the Scottish Ministers under section 85A(1) of the 2018 Scotland Act in connection with the determination of assistance under section 24 of that Act (whether or not including an appointment to receive assistance on behalf of the child), the Secretary of State may, if the person agrees, treat that person as if she had appointed them under paragraph (1).
(1B) Paragraph (1A) does not apply if the person appointed by the Scottish Ministers does not satisfy the conditions in paragraph (2).”.

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Source: https://www.legislation.gov.uk/ukdsi/2021/9780348223613/regulation/9 (the official version)
Page: https://openlegislation.uk/draft-scotland-act-2016-social-security-consequential-provision-miscellaneous-amendment-regulations-2021/regulation-9
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.