# The Welfare Funds (Scotland) Regulations 2016, Regulation 5: Income and capital


(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 1995);
(b) income support under the Social Security Contributions and Benefits Act 1992;
(c) income-related employment and support allowance under Part 1 of the Welfare Reform Act 2007;
(d) universal credit under Part 1 of the Welfare Reform Act 2012; or
(e) state pension credit payable under the State Pension Credit Act 2002.
(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.

---
Source: https://www.legislation.gov.uk/sdsi/2016/9780111030332/regulation/5 (the official version)
Page: https://openlegislation.uk/draft-welfare-funds-scotland-regulations-2016/regulation-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.