Section 79 Power to provide for top upI1

Scotland

(1)

The Scottish Ministers may by regulations provide for financial assistance to be given to an individual who—

(a)

is entitled to a reserved benefit, and

(b)

appears to the Scottish Ministers to require financial assistance (in addition to any amount the individual receives by way of reserved benefit) for the purpose, or one of the purposes, for which the benefit is being provided.

(2)

The power conferred by subsection (1) includes the power to make provision about—

(a)

determining entitlement (including specifying further eligibility rules that are to be used to determine whether an individual is entitled to the assistance),

(b)

the amount of assistance,

(c)

applications for assistance,

(d)

obtaining information,

(e)

appeals,

(f)

assistance given in error,

F1(g)

offences.

(3)

In this section and section 80, “reserved benefit” means a benefit which is to any extent a reserved matter within the meaning of schedule 5 of the Scotland Act 1998.

Annotations

Textual amendments

F1: S. 79(2)(g) inserted (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 4(2), 18(1)

Commencement

I1: S. 79 in force at 1.5.2020 by S.S.I. 2020/127, reg. 2(1)(a)