The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013
Draft 2013, ISBN 9780111019740
Draft Regulations laid before the Scottish Parliament under sections 1(3)(a) and 2(3)(a) of the Welfare Reform (Further Provision) (Scotland) Act 2012, for approval by resolution of the Scottish Parliament.
Social Security
Made 2013
Coming into force 29th April 2013
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 to 3 of the Welfare Reform (Further Provision) (Scotland) Act 2012f1 and all other powers enabling them to do so.
In accordance with sections 1(3)(a) and 2(3)(a) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Annotations to the whole text
Footnotes
- f1
Contents
- Part 1: Introductory
- 1Citation and commencement
- Part 2: Amendment of primary legislation
- 2Social Work (Scotland) Act 1968
- 3Legal Aid (Scotland) Act 1986
- 4Housing (Scotland) Act 1988
- 5Children (Scotland) Act 1995
- 6Adults with Incapacity (Scotland) Act 2000
- 7Housing (Scotland) Act 2006
- Part 3: Amendment of secondary legislation
- 8High Court of Justiciary Fees Order 1984
- 9Advice and Assistance (Scotland) Regulations 1996
- 10Sheriff Court Fees Order 1997
- 11Court of Session etc. Fees Order 1997
- 12National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
- 13Civil Legal Aid (Scotland) Regulations 2002
- 14Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
- 15National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003
- 16Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003
- 17Education Maintenance Allowances (Scotland) Regulations 2007
- 18Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008
- 19Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008
- 20Adoption Support Services and Allowances (Scotland) Regulations 2009
- 21Individual Learning Account (Scotland) Regulations 2011
- 22Justice of the Peace Court Fees (Scotland) Order 2012
- Signature
- Explanatory note
1Citation and commencement
These Regulations may be cited as the Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 and come into force on 29th April 2013.
2Social Work (Scotland) Act 1968
3Legal Aid (Scotland) Act 1986
The Legal Aid (Scotland) Act 1986f1 is amended as follows.
In section 8(b)f2 (availability of advice and assistance), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”.
In section 11(2)(b)f3 (clients’ contributions), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”.
4Housing (Scotland) Act 1988
In section 18 of the Housing (Scotland) Act 1988f1 (orders for possession)—
in subsection (3A)(b), after “benefit” insert “or relevant universal credit”;
in subsection (4A), after “benefit” insert “or relevant universal credit”; and
in subsection (8)—
after paragraph (a), insert—
“(aa)“relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent;”; and
in paragraph (b), after “benefit” insert “or relevant universal credit”.
5Children (Scotland) Act 1995
In section 22(4) of the Children (Scotland) Act 1995f1 (promotion of welfare of children in need), after “receipt of–” insert—
“(za)universal credit under Part 1 of the Welfare Reform Act 2012;”.
6Adults with Incapacity (Scotland) Act 2000
The Adults with Incapacity (Scotland) Act 2000f1 is amended as follows.
In section 41(a)f4 (duties and functions of managers of authorised establishment), for “or Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”.
7Housing (Scotland) Act 2006
In paragraph 6(5) of schedule 2 to the Housing (Scotland) Act 2006f1 (recording and notification of decisions), after “housing benefit” in each place where these words occur insert “or universal credit”.
8High Court of Justiciary Fees Order 1984
In article 2A of the High Court of Justiciary Fees Order 1984f1 (exemption of certain persons from fees), after paragraph (b) insert—
“(ba)the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.
9Advice and Assistance (Scotland) Regulations 1996
The Advice and Assistance (Scotland) Regulations 1996f1 are amended as follows.
In regulation 4(a) (applications for advice and assistance), after “support allowance” insert “, universal credit”.
In regulation 16(2)(a) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (x) insert—
“(xi)by way of universal credit under Part 1 of the Welfare Reform Act 2012.”.
In paragraph 5(d) of Schedule 2 (assessment of disposable capital and income), after head (k) insert—
“(l)universal credit”.
10Sheriff Court Fees Order 1997
In article 7(1) of the Sheriff Court Fees Order 1997f1 (exemption of certain persons from fees), after sub-paragraph (b) insert—
“(ba)the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.
11Court of Session etc. Fees Order 1997
In article 5 of the Court of Session etc. Fees Order 1997f1 (exemption of certain persons from fees), after paragraph (b) insert—
“(ba)the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.
12National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998f1 are amended as follows.
In regulation 1(2) (interpretation), after the definition of “tax credit” insert—
““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;”.
In regulation 8(3) (eligibility – supply of optical appliances)—
omit “or” immediately after sub-paragraph (o); and
at the end of sub-paragraph (p), insert—
“; or
(q)he is in receipt of universal credit.”.
13Civil Legal Aid (Scotland) Regulations 2002
The Civil Legal Aid (Scotland) Regulations 2002f1 are amended as follows.
In regulation 33(a) (payments out of property recovered or preserved: exceptions), after sub-paragraph (xii) insert—
“(xiii)by way of universal credit under Part 1 of the Welfare Reform Act 2012”.
In paragraph 5 of Schedule 2 (rules for computing disposable income), after sub-paragraph (f) insert—
“(g)universal credit paid under Part 1 of the Welfare Reform Act 2012”.
In paragraph 7 of Schedule 3 (rules for computing disposable capital), after “support allowance” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.
14Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003f1 (the severely mentally impaired)—
omit “and” immediately after sub-paragraph (k); and
at the end of sub-paragraph (l), insert—
“; and
(m)universal credit under Part 1 of the Welfare Reform Act 2012”.
15National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003
The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003f1 are amended as follows.
In regulation 2 (interpretation), after the definition of “trade dispute” insert—
““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012;”.
In regulation 4(2) (description of persons entitled to full remission and payment), after sub-paragraph (b) insert—
“(ba)a person who is in receipt of universal credit;”.
16Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003
In regulation 13(6)(a) of the Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003f1 (manner in which financial assistance is provided), after “allowance” insert “, universal credit”.
17Education Maintenance Allowances (Scotland) Regulations 2007
In paragraph 3(e) of Schedule 2 to the Education Maintenance Allowances (Scotland) Regulations 2007f1 (ordinary residence), after “income support” insert “, universal credit”.
18Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008
In regulation 2(2) of the Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008f1 (debtor’s weekly income), after “2002” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”.
19Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008
The Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008f1 are amended as follows.
In regulation 2 (interpretation), after the definition of “subsidised loan” insert—
““universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012.”.
In regulation 4(3) (minimum percentage grant), after sub-paragraph (b) insert—
“(ba)universal credit;”.
20Adoption Support Services and Allowances (Scotland) Regulations 2009
The Adoption Support Services and Allowances (Scotland) Regulations 2009f1 are amended as follows.
In regulation 2 (interpretation)—
omit “and” immediately after the definition of “jobseeker’s allowance”; and
after the definition of “kinship carer”, insert—
““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.”.
In regulation 14(c) (termination of adoption allowances), after “support” insert “, universal credit”.
21Individual Learning Account (Scotland) Regulations 2011
In regulation 3(6)(b) of the Individual Learning Account (Scotland) Regulations 2011f1 (qualifying persons)—
omit “or” immediately after head (vi); and
at the end of head (vii), insert—
“; or
(viii)universal credit payable under Part 1 of the Welfare Reform Act 2012”.
22Justice of the Peace Court Fees (Scotland) Order 2012
In article 3(1) of the Justice of the Peace Court Fees (Scotland) Order 2012f1, after sub-paragraph (b) insert—
“(ba)the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012;”.
Signature
Name
A member of the Scottish Government
St Andrew’s House,
Edinburgh
Date
Explanatory note
(This note is not part of the Regulations)
These Regulations make amendments to various pieces of existing legislation in consequence of the introduction of the benefit known as universal credit under Part 1 of the Welfare Reform Act 2012. Part 2 of the Regulations makes amendments of primary legislation and Part 3 of the Regulations makes amendments of secondary legislation.