OpenLegislation

Regulation 5 Income and capital

Original text. Later amendments are not shown.

(1)

A local authority is not to provide assistance from its welfare fund to or in respect of a person who appears to the authority not to require that assistance by virtue of—

(a)

income being received by that person; or

(b)

capital held by that person.

(2)

A local authority is not to consider a person ineligible for assistance by virtue of paragraph (1)(a) if that person is entitled to—

(a)

an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995f1);

(b)

income support under the Social Security Contributions and Benefits Act 1992f2;

(c)

income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007f3;

(d)

universal credit under Part 1 of the Welfare Reform Act 2012f4; or

(e)

state pension credit payable under the State Pension Credit Act 2002f5.

(3)

In deciding whether a person is ineligible for assistance by virtue of paragraph (1), a local authority is to have regard to any guidance about the assessment of income and capital issued by the Scottish Ministers under section 6 of the Act.

Annotations

Footnotes

f1

1995 c.18.

f2

1992 c.4.

f3

2007 c.5.

f4

2012 c.5.

f5

2002 c.16.