Social Security (Scotland) Act 2018
2018 asp 9 · Enacted 1 June 2018 · Extends to Scotland
An Act of the Scottish Parliament making provision about social security.
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 25th April 2018 and received Royal Assent on 1st June 2018
Contents
- Part 1: TENETS AND OVERSIGHT
- Principles
- 1The Scottish social security principles
- 2Effect of the principles
- Promotion of take-up
- 3Scottish Ministers' duty to promote take-up
- 4Recognition of importance of inclusive communication
- 5Recognition of importance of accessible information
- 6Recognition of importance of independent information, advice and advocacy
- 7Recognition of importance of available data
- 8Strategy to promote take-up
- 9Further provision about preparing strategies to promote take-up
- Advocacy
- 10Right to advocacy
- 11Advocacy service standards
- Assessments
- 12Restriction on private-sector involvement in assessments
- 13Assessors to be suitably qualified
- 14Assessments only to be required where necessary
- Charter
- 15The Scottish social security charter
- 16Preparing the first charter
- 17Publication of the charter
- 18Reviewing the charter
- 19Effect of the charter
- Accountability
- 20Annual report
- 21Scottish Commission on Social Security
- 22Commission functions
- Interpretation
- 23Meaning of “Scottish social security system”
- Part 2: GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
- Chapter 1: ASSISTANCE TO BE GIVEN ACCORDING TO DETERMINATION OF ENTITLEMENT
- 24Duty to give assistance
- 25Meaning of “determination of entitlement”
- 26Individual's right to stop receiving assistance
- 27Later determination supersedes earlier
- Chapter 2: TYPES OF ASSISTANCE TO BE GIVEN
- 28Carer's assistance
- 29Cold-spell heating assistance Not yet in force
- 30Winter heating assistance
- 31Disability assistance
- 32Early years assistance
- 33Employment-injury assistance Not yet in force
- 34Funeral expense assistance
- 35Housing assistance Not yet in force
- 36Short-term assistance
- Chapter 3: DETERMINING ENTITLEMENT
- Determination by the Scottish Ministers
- 37Duty to make determination
- 38Application for assistance
- 39Withdrawal of application
- 40Notice of determination
- Re-determination by the Scottish Ministers
- 41Right to request re-determination
- 42Late request for re-determination
- 43Duty to re-determine
- 44Notice of re-determination
- 45Notice where re-determination not made timeously
- Appeal against the Scottish Ministers' determination
- 46Right to appeal to First-tier Tribunal against determination
- 47Initiating an appeal
- 48Deadline for appealing
- 49First-tier Tribunal's power to determine entitlement
- The determination of entitlement
- 50Decisions comprising determination
- 51Determination on basis of ongoing entitlement
- 52Determination without application
- Coronavirus: relaxation of deadlines
- 52ARe-determination and appeal deadlines
- 52BApplications for assistance
- Chapter 4: FURTHER PROVISION ABOUT DETERMINING ENTITLEMENT
- ...
- 53Duty to inform about possible eligibility Repealed
- Obtaining information to make determination
- 54Obligation to provide information on request
- 55Requirement to justify assessment requests
- 56Duty to notify change of circumstances
- 57Lifting of duty to notify change of circumstances
- Appointees
- 58Appointment of person to act on behalf of individual Repealed
- Support during discussions and assessments
- 59Right to support
- Access to reports
- 60Right to reports used in determining entitlement
- Right to appeal Scottish Ministers' process decisions
- 61Appeal to First-tier Tribunal against process decisions
- Presumption about when information is received
- 62Presumption for purposes of sections 41, 48 and 61
- Non-disclosure of health information
- 62ANon-disclosure of information about individual's health
- Chapter 5: RECOVERY OF VALUE OF ASSISTANCE
- Assistance given in error
- 63Liability for assistance given in error
- 64Exclusion from liability
- 65Consideration for debtor's circumstances
- 66Prescription of liability Repealed
- 67Exclusion of other rights of recovery
- 68First-tier Tribunal's jurisdiction Repealed
- 69Liability where assistance given for period after death
- Funeral expense assistance
- 70Liability of deceased's estate
- Chapter 6: OFFENCES
- ...
- 71Offence of trying to obtain assistance by deceit
- 72Offence of failing to notify
- 73Offence of causing a failure to notify
- 74Individual culpability for offending by an organisation
- ...
- 75Power to make provision about investigations Repealed
- 76Code of practice on investigations Repealed
- Chapter ...
- 77Duty to consider effects of inflation Repealed
- 78Duty to uprate carer's, disability, employment-injury and funeral expense assistance Repealed
- Part 3: SUPPLEMENTING ASSISTANCE UNDER OTHER ENACTMENTS
- Top up of reserved benefits
- 79Power to provide for top up
- 80Restrictions on power
- 80ADefault provision in respect of offences
- Carer's allowance: temporary provision
- 81Carer's allowance supplement
- 82Power to repeal temporary provision
- Part 4: FURTHER PROVISION IN CONNECTION WITH PARTS 2 AND 3
- Inalienability of assistance
- 83No assignation or charge
- 84Retention of right to assistance on bankruptcy etc.
- Investigations
- 84APower to make provision about investigations
- 84BCode of practice on investigations
- Identifying possible eligibility
- 84CDuty to inform about possible eligibility
- Information-sharing
- 85Information-sharing
- Appointees
- 85AAppointment of person to act on behalf of child
- 85BAppointment of person to act in other circumstances
- 85CGuidelines for decisions about appointees
- 85EGuidance for appointees
- Agency arrangements Not yet in force
- 86Agency arrangements for housing assistance Not yet in force
- Uprating for inflation
- 86ADuty to consider effects of inflation
- 86BDuty to uprate assistance
- Monitoring of appeal process
- 87Report to the Scottish Parliament on exercise of right to appeal
- Assistance given in error: First-tier Tribunal's jurisdiction
- 87APower to transfer jurisdiction from sheriff to tribunal
- Information for audit of social security system
- 87BObtaining information for audit
- 87CRight to seek withdrawal of information request
- 87DRight to support for response to request
- 87ERight to advocacy
- Part 5: DISCRETIONARY HOUSING PAYMENTS
- 88Local authorities' power to make payments
- 89Restrictions on power to make payments
- 90Local authorities' duty to provide information about payments
- 91Guidance
- 92Local authorities need not make payments if not funded
- 93Power to modify section 88
- Part 5A: Care experience assistance
- 93AScheme to provide care experience assistance
- Part 6: UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS Not yet in force
- 94Universal credit: payment to joint claimants Not yet in force
- Part 7: FINAL PROVISIONS
- 95Ancillary provision
- 96Regulation-making powers
- 97Further procedure for regulations
- 98Temporary disapplication of section 97 Repealed
- 99Commencement
- 100Short title
- Schedule 1: SCOTTISH COMMISSION ON SOCIAL SECURITY
- Part 1: OPERATION AND COMPOSITION OF THE COMMISSION
- Chapter 1: STATUS
- Independence
- 1Paragraph 1
- Exclusion of Crown status
- 2Paragraph 2
- Chapter 2: POWERS
- General powers
- 3Paragraph 3
- Access to information
- 4Paragraph 4
- Chapter 3: PROCEDURE
- Committees
- 5Paragraph 5
- Regulation of procedure
- 6Paragraph 6
- Authority to perform functions
- 7Paragraph 7
- Validity of things done
- 8Paragraph 8
- Chapter 4: FINANCE
- Remuneration and expenses of members
- 9Paragraph 9
- Expenses of non-members
- 10Paragraph 10
- Resources
- 11Paragraph 11
- ...
- 12Paragraph 12 Repealed
- Chapter 5: MEMBERSHIP
- Number of members
- 13Paragraph 13
- Appointment of members
- 14Paragraph 14
- Tenure and other terms and conditions
- 15Paragraph 15
- Early termination
- 16Paragraph 16
- Disqualification grounds
- 17Paragraph 17
- Part 2: APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES
- Ethical Standards in Public Life etc. (Scotland) Act 2000
- 18Paragraph 18
- Freedom of Information (Scotland) Act 2002
- 19Paragraph 19
- Public Appointments and Public Bodies etc. (Scotland) Act 2003
- 20Paragraph 20
- Public Services Reform (Scotland) Act 2010
- 21Paragraph 21
- Schedule 2: CARER'S ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Chapter 1: ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER
- 1Paragraph 1
- 2Paragraph 2
- Chapter 2: FURTHER CRITERIA
- Carer's other activities
- 3Paragraph 3
- Multiple carers
- 4Paragraph 4
- Residence and presence
- 5Paragraph 5
- Age
- 6Paragraph 6
- Financial circumstances
- 7Paragraph 7
- Receipt of, or eligibility for, other types of State assistance
- 8Paragraph 8
- Application within specified period
- 9Paragraph 9
- Part 2: ASSISTANCE TO BE GIVEN
- Meeting liabilities
- 10Paragraph 10
- Restriction on giving assistance in a form other than money
- 11Paragraph 11
- Power to set value of assistance as nil
- 11AParagraph 11A
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 12Paragraph 12
- Interpretation
- 13Paragraph 13
- Schedule 3: COLD-SPELL HEATING ASSISTANCE REGULATIONS Not yet in force
- Part 1: ELIGIBILITY Not yet in force
- Chapter 1: ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- Chapter 2: FURTHER CRITERIA Not yet in force
- Age Not yet in force
- 4Paragraph 4 Not yet in force
- Financial circumstances Not yet in force
- 5Paragraph 5 Not yet in force
- Receipt of, or eligibility for, other types of State assistance Not yet in force
- 6Paragraph 6 Not yet in force
- Application within specified period Not yet in force
- 7Paragraph 7 Not yet in force
- Part 2: ASSISTANCE TO BE GIVEN Not yet in force
- Domestic circumstances and age Not yet in force
- 8Paragraph 8 Not yet in force
- Restriction on giving assistance in a form other than money Not yet in force
- 9Paragraph 9 Not yet in force
- Part 3: FINAL PROVISIONS Not yet in force
- Generality of enabling power unaffected Not yet in force
- 10Paragraph 10 Not yet in force
- Interpretation Not yet in force
- 11Paragraph 11 Not yet in force
- Schedule 4: WINTER HEATING ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Residence and presence
- 1Paragraph 1
- Age
- 2Paragraph 2
- Financial circumstances
- 3Paragraph 3
- Receipt of, or eligibility for, other types of State assistance
- 4Paragraph 4
- Application within specified period
- 5Paragraph 5
- Part 2: ASSISTANCE TO BE GIVEN
- Domestic circumstances and age
- 6Paragraph 6
- Financial circumstances
- 7Paragraph 7
- Receipt of, or eligibility for, other types of State assistance
- 8Paragraph 8
- Restriction on giving assistance in a form other than money
- 9Paragraph 9
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 10Paragraph 10
- Interpretation
- 11Paragraph 11
- Schedule 5: DISABILITY ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Chapter 1: ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY
- 1Paragraph 1
- 2Paragraph 2
- Chapter 2: FURTHER CRITERIA
- Nature and extent of disability and needs
- 3Paragraph 3
- Residence and presence
- 4Paragraph 4
- Age
- 5Paragraph 5
- Financial circumstances
- 6Paragraph 6
- Receipt of, or eligibility for, other types of State assistance
- 7Paragraph 7
- Application within specified period
- 8Paragraph 8
- Chapter 3: SPECIAL RULES FOR TERMINAL ILLNESS CASES
- No minimum period
- 9Paragraph 9
- No requirement for assessment
- 10Paragraph 10
- Eligibility from date of application
- 11Paragraph 11
- Entitlement to maximum amount
- 12Paragraph 12
- Part 2: ASSISTANCE TO BE GIVEN
- Chapter 1: VALUE
- Nature and extent of disability
- 13Paragraph 13
- Age
- 14Paragraph 14
- Power to set value of assistance as nil
- 14AParagraph 14A
- Chapter 2: FORM
- Meeting liabilities
- 15Paragraph 15
- Payment to someone else
- 16Paragraph 16
- Restriction on giving assistance in a form other than money
- 17Paragraph 17
- Restriction on lump sums
- 18Paragraph 18
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 19Paragraph 19
- Interpretation
- 20Paragraph 20
- Schedule 6: EARLY YEARS ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Chapter 1: ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD
- 1Paragraph 1
- Chapter 2: FURTHER CRITERIA
- Limit to number of people entitled
- 2Paragraph 2
- Residence and presence
- 3Paragraph 3
- Financial circumstances
- 4Paragraph 4
- Receipt of, or eligibility for, other types of State assistance
- 5Paragraph 5
- Application within specified period
- 6Paragraph 6
- Part 2: ASSISTANCE TO BE GIVEN
- Restriction on giving assistance in a form other than money
- 7Paragraph 7
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 8Paragraph 8
- Interpretation
- 9Paragraph 9
- Schedule 7: EMPLOYMENT-INJURY ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY Not yet in force
- Chapter 1: ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force
- Chapter 2: FURTHER CRITERIA Not yet in force
- Place where injury suffered or disease contracted Not yet in force
- 4Paragraph 4 Not yet in force
- Residence and presence Not yet in force
- 5Paragraph 5 Not yet in force
- Age Not yet in force
- 6Paragraph 6 Not yet in force
- Financial circumstances Not yet in force
- 7Paragraph 7 Not yet in force
- Receipt of, or eligibility for, other types of State assistance Not yet in force
- 8Paragraph 8 Not yet in force
- Application within specified period Not yet in force
- 9Paragraph 9 Not yet in force
- Part 2: ASSISTANCE TO BE GIVEN
- Chapter 1: VALUE
- Nature of injury or disease Not yet in force
- 10Paragraph 10 Not yet in force
- Age Not yet in force
- 11Paragraph 11 Not yet in force
- Power to set value of assistance as nil
- 11AParagraph 11A
- Chapter 2: FORM Not yet in force
- Meeting liabilities Not yet in force
- 12Paragraph 12 Not yet in force
- Restriction on giving assistance in a form other than money Not yet in force
- 13Paragraph 13 Not yet in force
- Restriction on lump sums Not yet in force
- 14Paragraph 14 Not yet in force
- Part 3: FINAL PROVISIONS Not yet in force
- Generality of enabling power unaffected Not yet in force
- 15Paragraph 15 Not yet in force
- Interpretation Not yet in force
- 16Paragraph 16 Not yet in force
- Schedule 8: FUNERAL EXPENSE ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Chapter 1: ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES
- 1Paragraph 1
- Chapter 2: FURTHER CRITERIA
- Location of the funeral
- 2Paragraph 2
- Relationship with the deceased
- 3Paragraph 3
- Value of deceased's estate
- 4Paragraph 4
- Residence and presence
- 5Paragraph 5
- Financial circumstances
- 6Paragraph 6
- Receipt of, or eligibility for, other types of State assistance
- 7Paragraph 7
- Application within specified period
- 8Paragraph 8
- Part 2: ASSISTANCE TO BE GIVEN
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Restriction on giving assistance in a form other than money
- 13Paragraph 13
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 14Paragraph 14
- Interpretation
- 15Paragraph 15
- Schedule 9: HOUSING ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY Not yet in force
- Chapter 1: ELIGIBILITY IS TO DEPEND ON BEING TREATED IN CERTAIN WAYS UNDER THE WELFARE REFORM ACT 2012 OR OTHERWISE NEEDING ASSISTANCE WITH HOUSING COSTS Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- Chapter 2: FURTHER CRITERIA Not yet in force
- Participation in education Not yet in force
- 3Paragraph 3 Not yet in force
- Residence and presence Not yet in force
- 4Paragraph 4 Not yet in force
- Age Not yet in force
- 5Paragraph 5 Not yet in force
- Financial circumstances Not yet in force
- 6Paragraph 6 Not yet in force
- Receipt of, or eligibility for, other types of State assistance Not yet in force
- 7Paragraph 7 Not yet in force
- Application within specified period Not yet in force
- 8Paragraph 8 Not yet in force
- Part 2: ASSISTANCE TO BE GIVEN
- Chapter 1: VALUE
- Cases where paragraph 1(3) conditions met Not yet in force
- 9Paragraph 9 Not yet in force
- Cases where paragraph 1(3) conditions not met Not yet in force
- 10Paragraph 10 Not yet in force
- Power to set value of assistance as nil
- 10AParagraph 10A
- Chapter 2: FORM Not yet in force
- Meeting liabilities Not yet in force
- 11Paragraph 11 Not yet in force
- Restriction on giving assistance in a form other than money Not yet in force
- 12Paragraph 12 Not yet in force
- Part 3: FINAL PROVISIONS Not yet in force
- Generality of enabling power unaffected Not yet in force
- 13Paragraph 13 Not yet in force
- Interpretation Not yet in force
- 14Paragraph 14 Not yet in force
- Schedule 10: SHORT-TERM ASSISTANCE REGULATIONS
- Part 1: ELIGIBILITY
- Entitlement to other assistance being reviewed
- 1Paragraph 1
- Part 2: ASSISTANCE TO BE GIVEN
- Value and form of assistance where entitlement to other assistance under review
- 2Paragraph 2
- Part 3: FINAL PROVISIONS
- Generality of enabling power unaffected
- 3Paragraph 3
- Interpretation
- 4Paragraph 4
- Schedule 11: Suspension of assistance
- Circumstances in which assistance may be suspended
- 1Paragraph 1
- Safeguards: requirement to consider financial circumstances before suspension
- 2Paragraph 2
- Safeguards: right to review suspension
- 3Paragraph 3
- Safeguards: information to be given following suspension
- 4Paragraph 4
- Safeguards: effect of suspension ending
- 5Paragraph 5
- Generality of enabling power unaffected
- 6Paragraph 6
- Interpretation
- 7Paragraph 7