{
  "url": "https://openlegislation.uk/draft-welfare-funds-scotland-regulations-2016/regulation-5",
  "json_url": "https://openlegislation.uk/draft-welfare-funds-scotland-regulations-2016/regulation-5.json",
  "legislation": "sdsi/2016/9780111030332",
  "legislation_title": "The Welfare Funds (Scotland) Regulations 2016",
  "legislation_url": "https://openlegislation.uk/draft-welfare-funds-scotland-regulations-2016",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Income and capital",
  "text": "(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—\n(a) income being received by that person; or\n(b) capital held by that person.\n(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—\n(a) an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995);\n(b) income support under the Social Security Contributions and Benefits Act 1992;\n(c) income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007;\n(d) universal credit under Part 1 of the Welfare Reform Act 2012; or\n(e) state pension credit payable under the State Pension Credit Act 2002.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1995 c.18."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "1992 c.4."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "2007 c.5."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "2012 c.5."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "2002 c.16."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2016/9780111030332/regulation/5",
    "retrieved_at": "2026-10-30T15:34:38.481130+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}