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The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013

S.S.I. 2013/137 · Made 25 April 2013 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 22 September 2015.

Social Security

Made 25th April 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

2012 asp 10.

Contents

  1. Part 1: Introductory
  2. 1Citation and commencement
  3. Part 2: Amendment of primary legislation
  4. 2Social Work (Scotland) Act 1968
  5. 3Legal Aid (Scotland) Act 1986
  6. 4Housing (Scotland) Act 1988
  7. 5Children (Scotland) Act 1995
  8. 6Adults with Incapacity (Scotland) Act 2000
  9. 7Housing (Scotland) Act 2006
  10. Part 3: Amendment of secondary legislation
  11. 8High Court of Justiciary Fees Order 1984 Repealed
  12. 9Advice and Assistance (Scotland) Regulations 1996
  13. 10Sheriff Court Fees Order 1997 Repealed
  14. 11Court of Session etc. Fees Order 1997 Repealed
  15. 12National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998
  16. 13Civil Legal Aid (Scotland) Regulations 2002
  17. 14Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003
  18. 15National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003
  19. 16Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003
  20. 17Education Maintenance Allowances (Scotland) Regulations 2007
  21. 18Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008 Repealed
  22. 19Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008
  23. 20Adoption Support Services and Allowances (Scotland) Regulations 2009
  24. 21Individual Learning Account (Scotland) Regulations 2011
  25. 22Justice of the Peace Court Fees (Scotland) Order 2012 Repealed
  26. Signature
  27. Explanatory note

1Citation and commencementI1

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 1968I1

In section 78(2A) of the Social Work (Scotland) Act 1968f1 (duty to make contributions in respect of children in care etc.), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012f2,”.

3Legal Aid (Scotland) Act 1986I1

(1)

The Legal Aid (Scotland) Act 1986f1 is amended as follows.

(2)

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,”.

(3)

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 1988I1

In section 18 of the Housing (Scotland) Act 1988f1 (orders for possession)—

(a)

in subsection (3A)(b), after “benefit” insert “or relevant universal credit”;

(b)

in subsection (4A), after “benefit” insert “or relevant universal credit”; and

(c)

in subsection (8)—

(i)

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

(ii)

in paragraph (b), after “benefit” insert “or relevant universal credit”.

5Children (Scotland) Act 1995I1

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 2000I1

(1)

The Adults with Incapacity (Scotland) Act 2000f1 is amended as follows.

(2)

In section 39(1)(a)f2 (matters which may be managed), for “or Part 1 of the Welfare Reform Act 2007f3” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”.

(3)

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 2006I1

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 1984F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9Advice and Assistance (Scotland) Regulations 1996I1

(1)

The Advice and Assistance (Scotland) Regulations 1996f1 are amended as follows.

(2)

In regulation 4(a) (applications for advice and assistance), after “support allowance” insert “, universal credit”.

(3)

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.”.

(4)

In paragraph 5(d) of Schedule 2 (assessment of disposable capital and income), after head (k) insert—

“(l)

universal credit”.

10Sheriff Court Fees Order 1997F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11Court of Session etc. Fees Order 1997F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998I1

(1)

The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998f1 are amended as follows.

(2)

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;”.

(3)

In regulation 8(3) (eligibility – supply of optical appliances)—

(a)

omit “or” immediately after sub-paragraph (o); and

(b)

at the end of sub-paragraph (p), insert—

“; or

(q)

he is in receipt of universal credit.”.

13Civil Legal Aid (Scotland) Regulations 2002I1

(1)

The Civil Legal Aid (Scotland) Regulations 2002f1 are amended as follows.

(2)

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”.

(3)

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”.

(4)

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 2003I1

In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003f1 (the severely mentally impaired)—

(a)

omit “and” immediately after sub-paragraph (k); and

(b)

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 2003I1

(1)

The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003f1 are amended as follows.

(2)

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;”.

(3)

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 2003I1

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 2007I1

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 2008F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008I1

(1)

The Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008f1 are amended as follows.

(2)

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.”.

(3)

In regulation 4(3) (minimum percentage grant), after sub-paragraph (b) insert—

“(ba)

universal credit;”.

20Adoption Support Services and Allowances (Scotland) Regulations 2009I1

(1)

The Adoption Support Services and Allowances (Scotland) Regulations 2009f1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit “and” immediately after the definition of “jobseeker’s allowance”; and

(b)

after the definition of “kinship carer”, insert—

  • ““universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012.”.

(3)

In regulation 14(c) (termination of adoption allowances), after “support” insert “, universal credit”.

21Individual Learning Account (Scotland) Regulations 2011I1

In regulation 3(6)(b) of the Individual Learning Account (Scotland) Regulations 2011f1 (qualifying persons)—

(a)

omit “or” immediately after head (vi); and

(b)

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 2012F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

NICOLA STURGEON

A member of the Scottish Government

St Andrew’s House,

Edinburgh

25th April 2013

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.