Social Security (Scotland) Act 2018

No assignation or charge

83

• (1) Any assignation of or charge on, or agreement to assign or charge, an individual's entitlement to assistance under or by virtue of this Act is void.

• (2) Nothing in subsection (1) prevents the Scottish Ministers from giving the assistance to which an individual is entitled to another person if the individual (or a person acting on the individual's behalf) has agreed to that.

Retention of right to assistance on bankruptcy etc.

84

An individual's entitlement to assistance under or by virtue of this Act does not transfer to another person—

• (a) on the individual's sequestration, or

• (b) on the appointment of a judicial factor on the individual's estate under section 41 of the Solicitors (Scotland) Act 1980.

Information-sharing

Information-sharing

85

• (1) The Scottish Ministers may require a person mentioned in subsection (2) to supply information held by the person to the Ministers for the purpose of a social security function.

• (2) The persons are—

• (a) a local authority,

• (b) a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978 or a Special Health Board constituted under section 2(1)(b) of that Act,

• (c) an integration joint board established by order under section 9 of the Public Bodies (Joint Working) (Scotland) Act 2014,

• (d) the Registrar General for Scotland,

• (e) the Keeper of the Records of Scotland,

• (f) the Scottish Courts and Tribunals Service,

• (g) a person specified in regulations made by the Scottish Ministers.

• (3) Where information is supplied to the Scottish Ministers under subsection (1) for use for any purpose, they may use it for any other purposes for which information held by them for that purpose may be used.

• (4) In subsection (1), references to information held by a person include information held by another person providing services to the person.

• (5) Information held by the Scottish Ministers for the purpose of a social security function may be supplied by the Ministers to a person mentioned in subsection (2) for use for the purposes of such function of the person as is specified in regulations made by the Ministers.

• (6) Where information is supplied to a person under subsection (5) for use for any purpose, the person may use it for any other purposes for which information held by the person for that purpose may be used.

• (7) In subsection (5), references to information held by the Scottish Ministers include information held by a person providing services to them.

• (8) Information supplied under subsection (5) must not be supplied by the recipient of the information to any other person without the authority of the Scottish Ministers.

• (9) This section does not permit or require the provision of information in breach of a prohibition or restriction on the disclosure of information arising by virtue of an enactment or rule of law.

• (10) In this section, “social security function” means a function of the Scottish Ministers under or by virtue of this Act.

Agency arrangements

Agency arrangements for housing assistance

86

• (1) The Scottish Ministers may by regulations provide for the functions conferred on them by virtue of Part 2 to be exercised on their behalf by local authorities, but only in relation to―

• (a) housing assistance, and

• (b) short-term assistance that an individual is eligible to be given on account of the individual's entitlement to housing assistance being under review within the meaning of paragraph 1(1)(c) of schedule 10.

• (2) Regulations under this section may in particular—

• (a) specify the functions that local authorities are to exercise on the Scottish Ministers' behalf,

• (b) make provision identifying the persons in relation to whom a local authority is to exercise those functions, and

• (c) provide for any enactment (including this Act) to apply subject to such modifications as the Ministers consider appropriate in consequence of functions falling to be exercised by a local authority on the Ministers' behalf.

• (3) Regulations under this section do not affect the Scottish Ministers' responsibility for the exercise of their functions.

• (4) In subsection (1), “functions” does not include regulation-making functions.

Monitoring of appeal process

Report to the Scottish Parliament on exercise of right to appeal

87

• (1) As soon as practicable after the end of each financial year, the Scottish Ministers are to—

• (a) lay before the Scottish Parliament, and

• (b) make publicly available by such means as they consider appropriate,

a report on the number of individuals who obtained the right to appeal to the First-tier Tribunal under section 46 and the number of individuals who exercised that right.

• (2) The first report under this section must include a plan setting out how the Scottish Ministers intend to collect this data.

• (3) In reporting to the Scottish Parliament under subsection (1), the Scottish Ministers must indicate whether, in the opinion of the Ministers, amendment of the process for determining entitlement under this Act is appropriate.

PART 5 — DISCRETIONARY HOUSING PAYMENTS

Local authorities’ power to make payments

88

• (1) A local authority has power to give financial assistance to a qualifying individual to meet, or help towards meeting, the individual's housing costs.

• (2) In subsection (1), “qualifying individual” means an individual who—

• (a) is entitled to—

• (i) housing benefit, or

• (ii) an award of universal credit which includes an amount for rent, and

• (b) appears to the authority to need financial assistance under subsection (1) (in addition to any assistance of a kind mentioned in paragraph (a) which the individual receives) in order to meet housing costs.

• (3) For the purposes of subsection (2)(a)—

• (a) “housing benefit” means housing benefit provided by virtue of a scheme under section 123 of the Social Security Contributions and Benefits Act 1992,

• (b) an award of universal credit includes an amount for rent if—

• (i) the calculation of the award includes an amount under section 11 of the Welfare Reform Act 2012, and

• (ii) that amount is included (wholly or partly) in respect of a liability to make payments within the meaning of paragraph 2 of schedule 1 of the Universal Credit Regulations 2013 (S.I. 2013/376).

• (4) Financial assistance under this section may be given to an individual by way of—

• (a) payment to the individual,

• (b) payment to another person to meet, or contribute towards meeting, any liability the individual has to that person,

• (c) deduction from any liability the individual has to the authority giving the assistance which is connected to housing costs,

• (d) any combination of the ways mentioned in the preceding paragraphs.

Restrictions on power to make payments

89

• (1) Financial assistance may not be given under section 88 by way of a loan.

• (2) Financial assistance may not be given under section 88 where the need for the assistance arises solely from reduction, non-payability or suspension of a reserved benefit as a result of an individual's conduct (for example, non-compliance with work-related requirements relating to the benefit).

• (3) But subsection (2) does not prevent assistance from being given where the need for the assistance in question—

• (a) also arises from some exceptional event or exceptional circumstances, and

• (b) is immediate.

• (4) In subsection (2), “reserved benefit” means a benefit which is to any extent a reserved matter within the meaning of schedule 5 of the Scotland Act 1998.

Local authorities’ duty to provide information about payments

90

Each local authority must make available to the public resident in its area information about—

• (a) how to apply to the authority for financial assistance under section 88,

• (b) which housing costs the authority gives assistance in relation to,

• (c) the rules the authority applies in deciding—

• (i) whether to give someone assistance,

• (ii) the amount of assistance to give, and

• (iii) what period to give assistance for,

• (d) how to apply for a review challenging a decision by the authority—

• (i) to refuse to give assistance,

• (ii) as to the amount of assistance it will give, or

• (iii) as to the period for which it will give assistance.

Guidance

91

• (1) Local authorities must have regard to any guidance issued by the Scottish Ministers in connection with the exercise of the power conferred by section 88.

• (2) Guidance under subsection (1) may, in particular, deal with—

• (a) the rules which authorities are to apply in deciding—

• (i) whether to give someone financial assistance,

• (ii) the amount of assistance to give, and

• (iii) what period to give assistance for,

• (b) the form of applications for—

• (i) assistance, and

• (ii) review of authorities' decisions about the giving of assistance,

• (c) the processes which authorities are to follow in—

• (i) determining applications for assistance and review, and

• (ii) deciding whether to stop giving someone assistance,

• (d) the circumstances in which authorities should, and should not, seek to recover the value of assistance given in error or following a breach of any of the conditions under which it was given.

• (3) Guidance under subsection (1) may be addressed to—

• (a) an authority, or more than one authority, identified in the guidance, or

• (b) all authorities.

• (4) Before issuing guidance under subsection (1), the Scottish Ministers must consult such body representing authorities as the Ministers think fit.

• (5) As soon as reasonably practicable after issuing guidance under subsection (1), the Scottish Ministers must lay a copy of the guidance before the Scottish Parliament.

• (6) The Scottish Ministers must make guidance issued under subsection (1) publicly available.

• (7) The power to issue guidance under subsection (1) includes the power to—

• (a) issue guidance which varies guidance issued under that subsection, and

• (b) revoke guidance issued under that subsection.

Local authorities need not make payments if not funded

92

• (1) The Scottish Ministers may make grants to local authorities to fund the giving of financial assistance under section 88.

• (2) Monies granted to an authority under subsection (1) may be spent only on giving financial assistance under section 88.

• (3) If an authority has spent all monies granted to it under subsection (1), the authority may refuse to consider any application for financial assistance under section 88.

• (4) If, by virtue of subsection (3), an authority is refusing to consider applications, it need not comply with section 90.

• (5) For the avoidance of doubt, subsection (3) does not prevent an authority from considering applications or giving financial assistance under section 88 should it choose to.

Power to modify section 88

93

• (1) The Scottish Ministers may by regulations make whatever amendment to section 88 they think appropriate in consequence of—

• (a) an enactment mentioned in that section being amended, repealed or revoked, or

• (b) the creation of a reserved benefit payable in respect of a liability to make rent payments.

• (2) Expressions used in subsection (1)(b) have the same meaning as they have for the purposes of exception 6 in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

PART 6 — UNIVERSAL CREDIT: PAYMENT TO JOINT CLAIMANTS

Universal credit: payment to joint claimants

94

• (1) The Scottish Ministers must bring forward regulations under section 30 of the Scotland Act 2016 to give effect to the proposal described in subsection (3).

• (2) In subsection (1), “bring forward” means—

• (a) consult the Secretary of State about the practicability of implementing the regulations in accordance with section 30(3) of the Scotland Act 2016, and

• (b) lay regulations before the Scottish Parliament.

• (3) The regulations must give effect to the proposal that, despite regulation 47(4) to (6) of the 2013 Claims and Payments Regulations (payment of universal credit to joint claimants), universal credit payable in respect of Scottish joint claimants is to be split between the couple in such proportion as the Scottish Ministers consider appropriate unless the Scottish joint claimants elect to nominate a single bank or other account into which that benefit is to be paid.

• (4) For the avoidance of doubt, the regulations under subsection (1) must give effect only to the proposal described in subsection (3).

• (5) The Scottish Ministers may by regulations repeal this section and revoke any regulations made under it.

• (6) In this section—

• “the 2013 Claims and Payments Regulations” means the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (S.I. 2013/380),

• “couple” has the meaning given by section 39 of the Welfare Reform Act 2012,

• “Scottish joint claimants” means a couple living in Scotland who jointly make a claim for, or have been awarded, universal credit.

PART 7 — FINAL PROVISIONS

Ancillary provision

95

The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, or in connection with, or for giving full effect to this Act or any provision made under it.

Regulation-making powers

96

• (1) A power to make regulations conferred by this Act includes the power to make different provision for different purposes and areas.

• (2) Regulations under any of the following provisions are subject to the affirmative procedure: sections 11(2), 13(3), 22(1)(e), any section in Chapter 2 of Part 2, sections 51(1), 52(1), 52(2), 63(12), 79(1), 81(8), 82, 84A(1), 85(2)(g), 85(5), 85F(1), 86(1), 87A(1), 87B(5), 93(1), 93A(1), 94A(3), 94A(5), 94B(2), 94H(4), 94M(5), 94Q(9), 94T(1), 94U(1), 94V(1), 94W(1), 97(12), paragraph 4(2)(c) of schedule 1 and paragraph 3 of schedule 12.

• (3) Regulations under any of the following provisions are subject to the negative procedure: sections 41(4)(a) , 43(5), 49C(1), 69A(4)(a), 69C(6), 85B(5), 87B(4)(c), 87B(4)(d), 87C(1), 87C(4), 94C(4), 94C(8), 94C(9), 94N(7) and 94P(9) and paragraph 13(2) of schedule 1.

• (4) Regulations under section 95—

• (a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act (including this Act), but

• (b) otherwise are subject to the negative procedure.

• (5) Regulations under section 22(1)(e), which modify the functions of the Scottish Commission on Social Security, may not be made after the Commission is established unless the Scottish Ministers have consulted the Commission about the modification.

Further procedure for regulations about assistance

97

• (1) This section applies (subject to subsection (11)) in relation to regulations under—

• (a) section 11(2),

• (b) section 13(3),

• (c) any section in Chapter 2 of Part 2,

• (d) section 41(4)(a),

• (e) section 43(5),

• (f) section 51(1),

• (g) section 52,

• (h) section 63(12),

• (i) section 69A(4)(a),

• (j) section 69C(6),

• (k) section 79(1),

• (l) section 81(8),

• (m) section 82,

• (n) section 84A(1),

• (o) section 85B(5),

• (p) section 85F(1),

• (q) section 87B(4)(c),

• (r) section 87B(4)(d),

• (s) section 87B(5),

• (t) section 87C(1),

• (u) section 87C(4),

• (v) section 93A(1), and

• (w) section 95, where the power to make regulations conferred by that section is exercised together with any of the powers to make regulations listed in paragraphs (a) to (v).

• (1A) This section applies (subject to subsection (11)) in relation to regulations made under section 13(1) of the Social Security Act 1988 and section 175(4) of the Social Security Contributions and Benefits Act 1992, where the powers to make regulations conferred by those sections are exercised together.

• (2) Before the Scottish Ministers finalise regulations to which this section applies, they must ...—

• (a) inform the Scottish Commission on Social Security of their proposals,

• (b) notify the Scottish Parliament that they have done so, and

• (c) make their proposals publicly available by such means as the Ministers consider appropriate.

• (3) For the purposes of subsection (2), proposals must take the form of draft regulations.

• (4) Having been informed of the Scottish Ministers' proposals, the Commission must prepare a report setting out its observations and recommendations in relation to the proposals.

• (5) The Scottish Ministers must ensure that the Commission has such time to prepare the report as the Commission deems appropriate.

• (6) In preparing its report, the Commission—

• (a) must have regard to—

• (i) the Scottish social security principles, and

• (ii) any relevant international human rights instruments (as defined in section 22(5)), and

• (b) may consult any persons it considers appropriate.

• (7) If the Commission's members are unable to agree the terms of its report unanimously, the report must set out the matters over which members differ.

• (8) Having prepared its report, the Commission must—

• (a) submit a copy of the report to—

• (i) the Scottish Ministers, and

• (ii) the Scottish Parliament, and

• (b) make the report publicly available by such means as the Commission considers appropriate.

• (9) When the Scottish Ministers finalise regulations to which this section applies, they must also lay before the Parliament either—

• (a) a response to the Commission's report on the proposals for the regulations, or

• (b) a statement explaining why the Ministers consider it appropriate to finalise the regulations before the Commission has submitted its report on the proposals for the regulations.

• (10) The response mentioned in subsection (9)(a) must, in particular, give details of—

• (a) how (if at all) the regulations differ from the proposals,

• (b) how the Scottish Ministers have sought to address the observations and recommendations contained in the Commission's report, and

• (c) any observations or recommendations contained in the report that the Ministers disagree with and have not sought to address.

• (11) This section does not apply in relation to regulations made only for the purpose of the consolidation of earlier regulations.

• (12) The Scottish Ministers may by regulations modify subsections (1) and (1A) so as to add, remove or vary the description of a power to make regulations conferred by this Act or by any other enactment.

• (13) In this section, “finalise” means—

• (a) in the case of regulations subject to the affirmative procedure, laying the draft Scottish statutory instrument containing the regulations before the Scottish Parliament for approval by resolution,

• (b) in the case of regulations subject to the negative procedure, making the regulations.

Temporary disapplication of section 97

98

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

Commencement

99

• (1) The following provisions come into force on the day after Royal Assent: this section and sections 95, 96, 97, 98 and 100.

• (2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

• (3) The power conferred by subsection (2) includes the power to make transitional, transitory or saving provision.

Short title

100

The short title of this Act is the Social Security (Scotland) Act 2018.

SCHEDULE 1

PART 1 — OPERATION AND COMPOSITION OF THE COMMISSION

CHAPTER 1 — STATUS

Independence

1

• (1) In performing its functions, the Scottish Commission on Social Security is not subject to the direction or control of any member of the Scottish Government.

• (2) This paragraph is subject to any contrary provision in this or any other enactment.

Exclusion of Crown status

2

The Commission—

• (a) is not a servant or agent of the Crown, and

• (b) does not enjoy any status, immunity or privilege of the Crown.

CHAPTER 2 — POWERS

General powers

3

The Commission may do anything which appears to it—

• (a) to be necessary or expedient for the purposes of, or in connection with, the performance of its functions, or

• (b) to be otherwise conducive to the performance of its functions.

Access to information

4

• (1) The Commission—

• (a) has a right of access at reasonable times to any relevant information that it may reasonably require for the purpose of performing its functions, and

• (b) may require any person who holds or is accountable for relevant information to provide at reasonable times any assistance or explanation that the Commission may reasonably require for the purpose of—

• (i) performing its functions, or

• (ii) exercising the right conferred by paragraph (a).

• (2) In sub-paragraph (1), “relevant information” means information in the possession or under the control of—

• (a) any member of the Scottish Government,

• (b) a local authority,

• (c) any person, or person of such description, as is specified by the Scottish Ministers in regulations.

• (3) Sub-paragraph (1) is subject to any enactment or rule of law that prohibits or restricts—

• (a) the disclosure of any information, or

• (b) the giving of any assistance or explanation.

CHAPTER 3 — PROCEDURE

Committees

5

• (1) The Commission may establish committees and sub-committees.

• (2) The membership of the Commission's committees and sub-committees may include (but may not consist entirely of) persons who are not members of the Commission but those persons are not entitled to vote at meetings.

Regulation of procedure

6

The Commission may regulate its own procedure (including quorum) and that of its committees and sub-committees.

Authority to perform functions

7

• (1) The Commission may authorise—

• (a) any of its members, or

• (b) any of its committees or sub-committees,

to perform such of its functions (and to such extent) as it may determine.

• (2) The giving of authority under sub-paragraph (1) does not—

• (a) affect the Commission's responsibility for the performance of the function, or

• (b) prevent the Commission from performing the function itself.

Validity of things done

8

The validity of anything done by the Commission, its committees or sub-committees is not affected by—

• (a) a vacancy in its membership,

• (b) a defect in the appointment of a member,

• (c) the disqualification of a person as a member after appointment.

CHAPTER 4 — FINANCE

Remuneration and expenses of members

9

• (1) The Commission's members are entitled to be paid by the Scottish Ministers such—

• (a) remuneration, and

• (b) sums in respect of expenses incurred in performing their functions as members of the Commission,

as the Ministers determine.

• (2) In sub-paragraph (1)—

• (a) the reference to the Commission's members includes a person who is not a member of the Commission but is a member of one of the Commission's committees or sub-committees, and

• (b) the reference to performing functions as a member of the Commission, in the case of a person described in paragraph (a), is to be read as though it were a reference to performing the person's functions as a member of the committee or (as the case may be) sub-committee.

Expenses of non-members

10

• (1) A person who attends a meeting of the Commission at its request is entitled to be paid by the Scottish Ministers such travelling and other allowances (including compensation for loss of time) as the Ministers determine.

• (2) In sub-paragraph (1) the reference to the Commission includes any of its committees or sub-committees.

Resources

11

The Scottish Ministers are to provide the Commission with such staff and other resources as it requires to carry out its functions.

Accounts and audit

12

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

CHAPTER 5 — MEMBERSHIP

Number of members

13

• (1) The Commission is to consist of—

• (a) a member to chair the Commission, and

• (b) at least 2 but no more than 4 other members.

• (2) The Scottish Ministers may by regulations amend sub-paragraph (1)(b) by substituting a different number for any number for the time being specified there.

Appointment of members

14

• (1) The Scottish Ministers are to appoint the Commission's members.

• (2) The Scottish Ministers may not appoint a person who is disqualified from being a member (see paragraph 17).

• (3) When appointing members the Scottish Ministers must have regard to the desirability of—

• (a) securing that the Commission (taken as a whole) has experience in or knowledge of—

• (i) the formulation, implementation and evaluation of social security policies in Scotland and elsewhere in the United Kingdom,

• (ii) research in connection with social security, and

• (iii) the effect of disability, arising from a physical or mental impairment, on daily life,

• (b) having a member with personal experience of having a disability arising from a physical or mental impairment, and

• (c) having as members people who have not previously been members.

Tenure and other terms and conditions

15

• (1) A person's membership of the Commission continues until the end of the period of appointment (subject to paragraph 16(1) and (2)).

• (2) In sub-paragraph (1), “the period of appointment” means the period specified by the Scottish Ministers on appointing the person as a member.

• (3) The Scottish Ministers may not specify a period of appointment that is longer than 4 years, beginning with the day that the appointment takes effect.

• (4) Nothing in this paragraph prevents a person from being a member of the Commission for two or more consecutive periods of appointment.

• (5) The Scottish Ministers may determine other terms and conditions of membership, in relation to matters not covered by this schedule.

Early termination

16

• (1) A member of the Commission may resign by giving notice in writing to the Scottish Ministers.

• (2) A person's membership of the Commission ends if—

• (a) the person becomes disqualified from being a member (see paragraph 17), or

• (b) the Scottish Ministers give the person written notice that the person is removed from the Commission.

• (3) The Scottish Ministers may remove a member of the Commission by virtue of sub-paragraph (2)(b) only if they consider that the member is—

• (a) unfit to continue to be a member, or

• (b) unable to perform the member's functions.

Disqualification grounds

17

• (1) A person is disqualified from being a member of the Commission if sub-paragraph (2) or (3) applies to the person.

• (2) This sub-paragraph applies to a person who is—

• (a) a member of the—

• (i) Scottish Parliament,

• (ii) House of Commons,

• (iii) House of Lords,

• (iv) National Assembly for Wales,

• (v) Northern Ireland Assembly, or

• (vi) European Parliament,

• (b) a councillor of any local authority,

• (c) a member of the Scottish Government,

• (d) a Minister of the Crown,

• (e) an office-holder of the Crown in right of Her Majesty's Government in the United Kingdom,

• (f) an office-holder in the Scottish Administration,

• (g) a civil servant,

• (h) one of the members of the Scottish Tribunals, as defined in section 13(3) of the Tribunals (Scotland) Act 2014,

• (i) a judge, or other member, of the Upper Tribunal or First-tier Tribunal established by section 3 of the Tribunals, Courts and Enforcement Act 2007.

• (3) This sub-paragraph applies to a person (subject to sub-paragraph (4)) who is or has been—

• (a) disqualified as a company director under the Company Directors Disqualification Act 1986,

• (b) disqualified as a charity trustee under the Charities and Trustee Investment (Scotland) Act 2005,

• (c) the subject of a disqualification under a disqualification provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.

• (4) Sub-paragraph (3) does not apply to a person who is or has been disqualified as mentioned in that sub-paragraph only by—

• (a) section 11 of the Company Directors Disqualification Act 1986 (undischarged bankrupts),

• (b) section 69(2)(b) of the Charities and Trustee Investment (Scotland) Act 2005 (which disqualifies undischarged bankrupts from being charity trustees), or

• (c) a provision analogous to either of those mentioned in paragraph (a) or (b) anywhere in the world.

PART 2 — APPLICATION OF LEGISLATION RELATING TO PUBLIC BODIES

Ethical Standards in Public Life etc. (Scotland) Act 2000

18

In schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000, after the entry relating to the Scottish Children's Reporter Administration insert— “ The Scottish Commission on Social Security ”.

Freedom of Information (Scotland) Act 2002

19

In schedule 1 of the Freedom of Information (Scotland) Act 2002, after paragraph 80B insert—

(80C) The Scottish Commission on Social Security.

.

Public Appointments and Public Bodies etc. (Scotland) Act 2003

20

In schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003, under the heading “Other Public Bodies”, in the appropriate place alphabetically, insert— “ Scottish Commission on Social Security ”.

Public Services Reform (Scotland) Act 2010

21

In schedule 5 of the Public Services Reform (Scotland) Act 2010, after the entry relating to the Scottish Commission for Human Rights insert— “ The Scottish Commission on Social Security ”.

SCHEDULE 2

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON BEING OR HAVING BEEN A CARER

1

• (1) The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual's eligibility in respect of a given period depends on the individual having provided regular and substantial care during that period to another individual to whom a disability benefit is normally payable.

• (2) The regulations—

• (a) are to set out the circumstances in which an individual is to be regarded as having provided regular and substantial care to another individual during a period, and

• (b) may, in particular, do so by reference to whether or not the number of hours of care provided during the period exceeds (or is deemed to exceed) a threshold specified in the regulations.

• (3) In sub-paragraph (1), “disability benefit” has the meaning given in the interpretation provision in Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

2

• (1) The regulations may be framed so that, despite the criterion described in paragraph 1(1) not being fulfilled in relation to a given period, an individual may nevertheless be eligible in respect of that period.

• (2) Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1(1) is not fulfilled, they must be framed so that the individual's eligibility depends on the individual—

• (a) having at some time provided care to another individual who has a disability, and

• (b) as a result of doing so, having received—

• (i) carer's assistance,

• (ii) carer's allowance, or

• (iii) invalid care allowance.

• (3) In sub-paragraph (2)(b), “carer's allowance” and “invalid care allowance” both mean an allowance payable under section 70 of the Social Security Contributions and Benefits Act 1992.

CHAPTER 2 — FURTHER CRITERIA

Carer’s other activities

3

The regulations may make an individual's eligibility depend on—

• (a) whether or not the individual is in—

• (i) employment, or

• (ii) education,

• (b) the length of time the individual spends over a given period in—

• (i) employment, or

• (ii) education.

Multiple carers

4

The regulations may make an individual's eligibility depend on being the individual (or one of the individuals) selected through a process set out in the regulations in a case where more than one individual would otherwise be eligible as a result of providing care to the same cared-for person during a given period.

Residence and presence

5

The regulations may make an individual's eligibility depend on either or both—

• (a) the individual, and

• (b) the cared-for person,

being resident and present in a particular place.

Age

6

The regulations may make an individual's eligibility depend on the age of either or both—

• (a) the individual, and

• (b) the cared-for person.

Financial circumstances

7

The regulations may make an individual's eligibility depend on the individual's financial circumstances.

Receipt of, or eligibility for, other types of State assistance

8

The regulations may make an individual's eligibility depend on the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

9

The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

• (a) the individual has applied for carer's assistance in respect of the period, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to carer's assistance in respect of the period by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

Meeting liabilities

10

The regulations may provide for the carer's assistance that is to be given to an individual to be given (in whole or in part) by way of—

• (a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

• (b) deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

11

• (1) The regulations may allow carer's assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given carer's assistance in a form other than money at any time.

• (3) Despite sub-paragraph (1), the regulations may provide for carer's assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

• (4) For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

12

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraphs 11 and 11A in Part 2.

Interpretation

13

In this schedule—

• “cared-for person” means the individual by providing care to whom the individual whose eligibility is in question has fulfilled the criterion described in paragraph 1(1) or 2(2),

• “eligibility” means eligibility for carer's assistance and “eligible” means eligible for carer's assistance,

• “the regulations” means regulations under section 28(2).

SCHEDULE 3

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON LIVING IN AN AREA DURING A COLD SPELL

1

The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual's eligibility in respect of a given period depends on the area in which the individual's home is situated experiencing a cold spell during that period.

2

• (1) The regulations may be framed so that, despite the criterion described in paragraph 1 not being fulfilled (or its being uncertain whether it will be fulfilled) in relation to a given period, an individual may nevertheless be eligible in respect of that period.

• (2) Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1 is not fulfilled (or may not be fulfilled), they must be framed so that the individual's eligibility depends on the area in which the individual's home is situated being, or having been, forecast to experience a cold spell during the period.

3

The regulations are to set out, for the purpose of determining entitlement to cold-spell heating assistance—

• (a) a definition of “home”,

• (b) the circumstances in which an area is to be regarded as experiencing a cold spell,

• (c) if provision of the kind described in paragraph 2 is made, the circumstances in which an area is to be regarded as being, or having been, forecast to experience a cold spell.

CHAPTER 2 — FURTHER CRITERIA

Age

4

The regulations may make an individual's eligibility depend on the age of either or both—

• (a) the individual, and

• (b) anyone else who lives in the individual's home.

Financial circumstances

5

The regulations may make an individual's eligibility depend on the individual's financial circumstances.

Receipt of, or eligibility for, other types of State assistance

6

The regulations may make an individual's eligibility depend on either or both the individual and anyone else who lives in the individual's home—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

7

The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

• (a) the individual has applied for cold-spell heating assistance in respect of the period, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to cold-spell heating assistance in respect of the period by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

Domestic circumstances and age

8

The regulations may make the value of the cold-spell heating assistance that is to be given to an individual depend on—

• (a) whether or not other people live in the individual's home,

• (b) the age of either or both—

• (i) the individual, and

• (ii) anyone else who lives in the individual's home.

Restriction on giving assistance in a form other than money

9

• (1) The regulations may allow cold-spell heating assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given cold-spell heating assistance in a form other than money at any time.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

10

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraph 9 in Part 2.

Interpretation

11

In this schedule—

• “eligibility” means eligibility for cold-spell heating assistance and “eligible” means eligible for cold-spell heating assistance,

• “the regulations” means regulations under section 29(2).

SCHEDULE 4

PART 1 — ELIGIBILITY

Residence and presence

1

The regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.

Age

2

The regulations may make an individual's eligibility depend on the age of either or both―

• (a) the individual, and

• (b) anyone who lives with the individual.

Financial circumstances

3

Subject to paragraph 4, the regulations may not make an individual's eligibility depend on the financial circumstances of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Receipt of, or eligibility for, other types of State assistance

4

The regulations may make an individual's eligibility depend on either or both the individual and anyone who lives with the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

5

The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

• (a) the individual has applied for winter heating assistance in respect of the period, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to winter heating assistance in respect of the period by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

Domestic circumstances and age

6

The regulations may make the value of the winter heating assistance that is to be given to an individual depend on―

• (a) whether or not other people live with the individual,

• (b) the age of either or both—

• (i) the individual, and

• (ii) anyone who lives with the individual.

Financial circumstances

7

Subject to paragraph 8, the regulations may not make the value of the winter heating assistance that is to be given to an individual depend on the financial circumstances of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Receipt of, or eligibility for, other types of State assistance

8

The regulations may make the value of assistance depend on either or both the individual and anyone who lives with the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible to receive such assistance.

Restriction on giving assistance in a form other than money

9

• (1) The regulations may allow winter heating assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given winter heating assistance in a form other than money at any time.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

10

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) paragraph 3 in Part 1,

• (b) paragraphs 7 and 9 in Part 2.

Interpretation

11

In this schedule—

• “eligibility” means eligibility for winter heating assistance and “eligible” means eligible for winter heating assistance,

• “the regulations” means regulations under section 30(2).

SCHEDULE 5

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON HAVING, OR HAVING HAD, A DISABILITY

1

• (1) The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual's eligibility in respect of a given period depends on the individual having, during that period—

• (a) a physical or mental impairment that―

• (i) has a significant and not short-term adverse effect on the individual's ability to carry out normal day-to-day activities, or

• (ii) otherwise gives rise to a significant and not short-term need, or

• (b) a terminal illness.

• (2) The regulations must provide that an individual is to be regarded as having a terminal illness for the purpose of determining entitlement to disability assistance if, having had regard to the guidance mentioned in sub-paragraph (3), it is the clinical judgement of an appropriate healthcare professional that the individual has a progressive disease that can reasonably be expected to cause the individual's death.

• (2A) The regulations may provide that, in the situation mentioned in sub-paragraph (2B), an individual who is not resident in the United Kingdom is to be regarded as having a terminal illness despite the clinical judgement described in sub-paragraph (2) not having been formed with regard to the guidance mentioned in sub-paragraph (3).

• (2B) The situation referred to in sub-paragraph (2A) is that it would not be reasonable in the circumstances to insist on a clinical judgement being provided that has been formed with regard to the guidance.

• (2C) The regulations are to define “appropriate healthcare professional” for the purpose of determining entitlement to disability assistance on the basis of an individual having a terminal illness.

• (2D) In defining “appropriate healthcare professional” the regulations—

• (a) must provide that being a registered medical practitioner or registered nurse is a requirement for being an appropriate healthcare professional,

• (b) may provide that being a registered member of a healthcare profession otherwise than as mentioned in paragraph (a) is a requirement for being an appropriate healthcare professional,

• (c) may include additional requirements that a person must satisfy in order to be an appropriate healthcare professional, including by reference to a person's—

• (i) skills, training, qualifications and experience,

• (ii) professional relationship to the individual in question,

• (iii) being authorised to act as an appropriate healthcare professional in relation to the individual in question by—

• (A) a Health Board constituted under section 2(1)(a) of the National Health Service (Scotland) Act 1978,

• (B) a Special Health Board constituted under section 2(1)(b) of that Act,

• (C) the Scottish Ministers.

• (d) may make different provision about the requirements for being an appropriate healthcare professional for the purposes of determining the entitlement to disability assistance of individuals who are resident in the United Kingdom and those who are not.

• (3) The Chief Medical Officer of the Scottish Administration is—

• (a) to prepare and from time to time revise, and

• (b) to make publicly available by such means as the Chief Medical Officer considers appropriate,

guidance that sets out when a progressive disease can reasonably be expected to cause an individual's death for the purpose of determining entitlement to disability assistance.

• (4) Before preparing or revising guidance under sub-paragraph (3), the Chief Medical Officer must consult appropriate healthcare professionals (as defined in sub-paragraph (2C)) who are registered in the United Kingdom as members of a healthcare profession.

2

• (1) The regulations may be framed so that, despite the criterion described in paragraph 1(1) not being fulfilled in respect of a given period, an individual may nevertheless be eligible in respect of that period.

• (2) Where the regulations allow an individual to be eligible in respect of a period in relation to which the criterion described in paragraph 1(1) is not fulfilled, they must be framed so that the individual's eligibility depends on the individual having had, during some other period, a physical or mental impairment of the kind described in paragraph 1(1)(a).

CHAPTER 2 — FURTHER CRITERIA

Nature and extent of disability and needs

3

The regulations may make an individual's eligibility depend on the nature and extent of—

• (a) the individual's impairment,

• (b) the needs of the individual in consequence of the impairment.

Residence and presence

4

The regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.

Age

5

The regulations may make an individual's eligibility depend on the individual's age.

Financial circumstances

6

Subject to paragraph 7, the regulations may not make an individual's eligibility depend on the financial circumstances of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Receipt of, or eligibility for, other types of State assistance

7

The regulations may make an individual's eligibility depend on the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

8

The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

• (a) the individual has applied for disability assistance in respect of the period, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to disability assistance in respect of the period by regulations under section 52.

CHAPTER 3 — SPECIAL RULES FOR TERMINAL ILLNESS CASES

No minimum period

9

The regulations may not make the eligibility of an individual who has a terminal illness depend on the individual having had the illness for any length of time.

No requirement for assessment

10

The regulations may not make the eligibility of an individual who has a terminal illness depend on the individual producing any evidence of that fact beyond a diagnosis by an appropriate healthcare professional (see paragraph 1(2C)).

Eligibility from date of application

11

The regulations must be framed so that an individual who applies for disability assistance on the basis of having a terminal illness, and does have a terminal illness, is eligible, at the latest, from the day the application is made.

Entitlement to maximum amount

12

The regulations must be framed so that an individual who is eligible by reason of having a terminal illness is entitled to the maximum amount of the assistance that the individual is eligible for.

PART 2 — ASSISTANCE TO BE GIVEN

CHAPTER 1 — VALUE

Nature and extent of disability

13

The regulations may make the value of the disability assistance that is to be given to an individual depend on the nature and extent of―

• (a) the individual's impairment,

• (b) the needs of the individual in consequence of the impairment.

Age

14

The regulations may make the value of the disability assistance that is to be given to an individual depend on the individual's age.

CHAPTER 2 — FORM

Meeting liabilities

15

The regulations may provide for the disability assistance that is to be given to an individual to be given (in whole or in part) by way of—

• (a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

• (b) deduction from any liability the individual has to the Scottish Ministers under section 63.

Payment to someone else

16

The regulations may provide that, if the Scottish Ministers consider it appropriate in the circumstances, the disability assistance that is to be given to an individual may be given (in whole or in part) by way of payment to another person who is to use the payment to benefit the individual entitled to the assistance.

Restriction on giving assistance in a form other than money

17

• (1) The regulations may allow disability assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given disability assistance in a form other than money at any time.

• (3) Despite sub-paragraph (1), the regulations may provide for disability assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

• (4) For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

Restriction on lump sums

18

The regulations may not provide for the disability assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual's entitlement arises on account of the individual having, or having had—

• (a) pneumoconiosis,

• (b) byssinosis,

• (c) diffuse mesothelioma,

• (d) bilateral diffuse pleural thickening, or

• (e) primary carcinoma of the lung where there is accompanying evidence of—

• (i) asbestosis,

• (ii) bilateral diffuse pleural thickening, or

• (iii) both.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

19

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraph 6 in Chapter 2 of Part 1,

• (c) Chapter 3 of Part 1,

• (ca) paragraph 14A in Chapter 1 of Part 2,

• (d) paragraphs 17 and 18 in Chapter 2 of Part 2.

Interpretation

20

In this schedule—

• “eligibility” means eligibility for disability assistance and “eligible” means eligible for disability assistance,

• “the regulations” means regulations under section 31(2).

SCHEDULE 6

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON HAVING, OR EXPECTING TO HAVE, RESPONSIBILITY FOR A CHILD

1

• (1) The regulations must be framed so that an individual's eligibility depends on the individual satisfying one of the primary eligibility criteria.

• (2) The primary eligibility criteria are that the individual—

• (a) is, or has been, more than a specified number of weeks pregnant,

• (b) has a relationship of a specified kind to another individual who is, or has been, more than a specified number of weeks pregnant,

• (c) is to, or has, become responsible for a child within a specified period of the child's birth,

• (d) is responsible for a child when a specified event in the child's life occurs or has become responsible for the child within a specified period of the event.

• (3) The regulations are to define what being responsible for a child means for the purpose of determining entitlement to early years assistance.

CHAPTER 2 — FURTHER CRITERIA

Limit to number of people entitled

2

The regulations may provide that an individual is not eligible, despite satisfying one of the primary eligibility criteria, on account of one of those criteria being satisfied in respect of the same child by someone else.

Residence and presence

3

The regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.

Financial circumstances

4

The regulations may make an individual's eligibility depend on the individual's financial circumstances.

Receipt of, or eligibility for, other types of State assistance

5

The regulations may make an individual's eligibility depend on the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

6

The regulations may provide that an individual ceases to be eligible on account of satisfying a primary eligibility criteria unless, by a deadline specified in the regulations—

• (a) the individual has applied for early years assistance, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to early years assistance by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

Restriction on giving assistance in a form other than money

7

• (1) The regulations may allow early years assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given early years assistance in a form other than money at any time.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

8

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) Part 2.

Interpretation

9

In this schedule—

• “eligibility” means eligibility for early years assistance and “eligible” means eligible for early years assistance,

• “the regulations” means regulations under section 32(2),

• “specified” means specified in the regulations.

SCHEDULE 7

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON BEING INJURED OR CONTRACTING A DISEASE AT WORK

1

The regulations must be framed so that (subject to any provision of the kind described in paragraph 2) an individual's eligibility depends on the individual—

• (a) having suffered a relevant personal injury caused by an accident arising out of and in the course of the individual's employment, or

• (b) developing a relevant disease, or suffering a relevant personal injury, due to the nature of the individual's employment.

2

• (1) The regulations may be framed so that, despite the criterion described in paragraph 1 not being fulfilled, an individual may nevertheless be eligible.

• (2) Where the regulations allow an individual to be eligible despite the criterion described in paragraph 1 not being fulfilled, they must be framed so that the individual's eligibility depends on the individual having, or having had, a relationship of a kind specified in the regulations to an individual who suffered a personal injury, or developed a disease, in the circumstances mentioned in paragraph 1.

3

• (1) The regulations are to define the following terms for the purpose of determining entitlement to employment-injury assistance—

• (a) employment,

• (b) relevant personal injury,

• (c) relevant disease.

• (2) The regulations may not define “employment” so as to include employment, or training for employment, that is not “relevant employment” as defined in the interpretation provision of Section F1 of Part 2 of schedule 5 of the Scotland Act 1998.

• (3) The regulations may define “relevant personal injury” and “relevant disease” by reference to the circumstances in which an injury is suffered or a disease is developed as well as by reference to its kind and severity.

CHAPTER 2 — FURTHER CRITERIA

Place where injury suffered or disease contracted

4

The regulations may make an individual's eligibility depend on where, geographically, the injury was suffered or the disease developed (or is deemed to have been suffered or developed).

Residence and presence

5

The regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.

Age

6

The regulations may make an individual's eligibility depend on the individual's age.

Financial circumstances

7

Subject to paragraph 8, the regulations may not make an individual's eligibility depend on the financial circumstances of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Receipt of, or eligibility for, other types of State assistance

8

The regulations may make an individual's eligibility depend on the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

9

The regulations may provide that an individual ceases to be eligible on account of an injury being suffered or a disease developed unless, by a deadline specified in the regulations—

• (a) the individual has applied for employment-injury assistance, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to employment-injury assistance by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

CHAPTER 1 — VALUE

Nature of injury or disease

10

The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the—

• (a) kind, and

• (b) severity,

of the injury or disease in respect of which the assistance is to be given.

Age

11

The regulations may make the value of the employment-injury assistance that is to be given to an individual depend on the individual's age.

CHAPTER 2 — FORM

Meeting liabilities

12

The regulations may provide for the employment-injury assistance that is to be given to an individual to be given (in whole or in part) by way of—

• (a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

• (b) deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

13

• (1) The regulations may allow employment-injury assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given employment-injury assistance in a form other than money at any time.

• (3) Despite sub-paragraph (1), the regulations may provide for employment-injury assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

• (4) For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

Restriction on lump sums

14

The regulations may not provide for the employment-injury assistance that is to be given to an individual to be given by way of a lump-sum payment where the individual's entitlement arises on account of someone having, or having had—

• (a) pneumoconiosis,

• (b) byssinosis,

• (c) diffuse mesothelioma,

• (d) bilateral diffuse pleural thickening, or

• (e) primary carcinoma of the lung where there is accompanying evidence of—

• (i) asbestosis,

• (ii) bilateral diffuse pleural thickening, or

• (iii) both.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

15

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraph 7 in Chapter 2 of Part 1,

• (ba) paragraph 11A in Chapter 1 of Part 2,

• (c) paragraphs 13 and 14 in Chapter 2 of Part 2.

Interpretation

16

In this schedule—

• “eligibility” means eligibility for employment-injury assistance, and “eligible” means eligible for employment-injury assistance,

• “the regulations” means regulations under section 33(2).

SCHEDULE 8

PART 1 — ELIGIBILITY

CHAPTER 1 — ELIGIBILITY IS TO DEPEND ON BEING RESPONSIBLE FOR FUNERAL EXPENSES

1

• (1) The regulations must be framed so that an individual's eligibility for funeral expense assistance depends on the individual having met, or being responsible for meeting, the expenses of a funeral.

• (2) The regulations are to define “funeral” for the purpose of determining entitlement to funeral expense assistance.

CHAPTER 2 — FURTHER CRITERIA

Location of the funeral

2

The regulations may make an individual's eligibility depend on where the funeral takes place.

Relationship with the deceased

3

The regulations may make an individual's eligibility depend on the individual—

• (a) being related to the deceased person, or

• (b) having a relationship of a kind described in the regulations with the deceased person immediately before the death.

Value of deceased’s estate

4

The regulations may make an individual's eligibility depend on the value of the deceased person's estate being below a level specified in the regulations.

Residence and presence

5

The regulations may make an individual's eligibility depend on either or both—

• (a) the individual being resident and present in a particular place,

• (b) the deceased person having been resident and present in a particular place at the date of death.

Financial circumstances

6

The regulations may make an individual's eligibility depend on the individual's financial circumstances.

Receipt of, or eligibility for, other types of State assistance

7

The regulations may make an individual's eligibility depend on either or both the individual and, immediately before dying, the deceased person—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

8

The regulations may provide that an individual ceases to be eligible in respect of a funeral unless, by a deadline specified in the regulations—

• (a) the individual has applied for funeral expense assistance in respect of the funeral, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to funeral expense assistance in respect of the funeral by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

9

The regulations may specify items of expense in relation to which funeral expense assistance will, or will not, be given.

10

The regulations may set a limit on the value of the funeral expense assistance that will be given in relation to items of expense.

11

The regulations may set a limit on the total value of the funeral expense assistance that will be given.

12

The regulations may provide for the amount of funeral expense assistance that will be given to be reduced to reflect the availability of other funds that may be used to meet, or help to meet, any of the expenses.

Restriction on giving assistance in a form other than money

13

• (1) The regulations may allow funeral expense assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given funeral expense assistance in a form other than money at any time.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

14

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraph 13 in Part 2.

Interpretation

15

In this schedule—

• “deceased person” means the person in respect of whose funeral assistance is sought,

• “eligibility” means eligibility for funeral expense assistance and “eligible” means eligible for funeral expense assistance,

• “the regulations” means regulations under section 34(2).

SCHEDULE 9

PART 1 — ELIGIBILITY

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

1

• (1) Subject to sub-paragraph (2) and paragraph 2, the regulations must be framed so that an individual's eligibility in respect of a given period depends on meeting the conditions described in either—

• (a) sub-paragraph (3), or

• (b) sub-paragraph (4).

• (2) The regulations need not be framed so that eligibility depends on meeting the conditions described in sub-paragraph (3) or (4) if it is not (or is no longer) possible for circumstances to arise enabling the conditions described in the sub-paragraph to be met.

• (3) The conditions referred to in sub-paragraph (1)(a) are—

• (a) the individual is entitled to an award of universal credit in respect of the period in question,

• (b) an amount under section 11 of the Welfare Reform Act 2012 (housing costs) is to be included in the calculation of that award,

• (c) the amount relates to the individual's liability to make payments in respect of accommodation in the social rented sector other than temporary accommodation,

• (d) were it not for regulations made by the Scottish Ministers by virtue of section 29(2) of the Scotland Act 2016, the amount would be lower on account of its being reduced due to the number of bedrooms in the property that the individual lives in,

• (e) as a result of being entitled to more than would otherwise be the case because of the regulations referred to in paragraph (d), the value of the assistance to which the individual is entitled under an enactment is reduced in accordance with regulations under section 96 of the Welfare Reform Act 2012 (benefit cap).

• (4) The conditions referred to in sub-paragraph (1)(b) are—

• (a) the individual is entitled to an award of universal credit in respect of the period in question,

• (b) during that period, the individual is—

• (i) 18 years of age or over, but

• (ii) not more than 21 years of age,

• (c) no amount under section 11 of the Welfare Reform Act 2012 is to be included in the calculation of the award, and

• (d) an amount under that section would fall to be included in the calculation, in respect of accommodation in Scotland, if the individual were older.

• (5) The regulations are to define “accommodation in the social rented sector” and “temporary accommodation” for the purpose of determining entitlement to housing assistance under provision made in accordance with paragraph 1(3).

2

• (1) The regulations may be framed so that, despite the conditions described in paragraph 1 not being met in relation to a given period, an individual may nevertheless be eligible in respect of that period.

• (2) Where the regulations allow an individual to be eligible in respect of a period in relation to which the conditions described in paragraph 1 are not met, they must be framed so that the individual's eligibility depends on the individual needing assistance to meet housing costs in a connection with a property that is not owned (wholly or partly) by the individual.

• (3) For the purpose of sub-paragraph (2), an individual is not an owner of property if, in relation to the property, the individual is party to a shared ownership agreement within the meaning of section 83(3) of the Housing (Scotland) Act 2001.

• (4) If provision of the kind described in this paragraph is made, the regulations are to set out, for the purpose of determining entitlement to housing assistance—

• (a) a definition of “housing costs”,

• (b) the circumstances in which an individual is to be regarded as needing assistance to meet housing costs.

CHAPTER 2 — FURTHER CRITERIA

Participation in education

3

The regulations may make an individual's eligibility depend on—

• (a) whether or not the individual, or anyone who lives with the individual, is in education, and

• (b) the length of time the individual, or someone who lives with the individual, spends over a given period in education.

Residence and presence

4

The regulations may make an individual's eligibility depend on the individual being resident and present in a particular place.

Age

5

The regulations may make an individual's eligibility depend on the age of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Financial circumstances

6

The regulations may make an individual's eligibility depend on the financial circumstances of either or both—

• (a) the individual, and

• (b) anyone who lives with the individual.

Receipt of, or eligibility for, other types of State assistance

7

The regulations may make an individual's eligibility depend on either or both the individual and anyone who lives with the individual—

• (a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

• (b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

8

The regulations may provide that an individual ceases to be eligible in respect of a given period unless, by a deadline specified in the regulations—

• (a) the individual has applied for housing assistance in respect of the period, or

• (b) the Scottish Ministers have become required to make a determination of the individual's entitlement to housing assistance in respect of the period by regulations under section 52.

PART 2 — ASSISTANCE TO BE GIVEN

CHAPTER 1 — VALUE

Cases where paragraph 1(3) conditions met

9

• (1) The regulations must provide for the value of housing assistance to be given in a case to which this paragraph applies to be the amount described in sub-paragraph (3).

• (2) This paragraph applies to a case in which an individual is entitled to housing assistance in respect of a given period by virtue of meeting the conditions described in paragraph 1(3).

• (3) The amount referred to in sub-paragraph (1) is the lower of—

• (a) the difference between—

• (i) the amount under section 11 of the Welfare Reform Act 2012 included in the calculation of the individual's universal credit award for the period in question, and

• (ii) the amount that would have been included under that section in the calculation were it not for the regulations referred to in paragraph 1(3)(d), or

• (b) the amount by which the value of the assistance to which the individual is entitled from the Secretary of State in respect of the period in question is reduced in accordance with regulations under section 96 of the Welfare Reform Act 2012.

• (4) Sub-paragraph (1) does not apply if, by virtue of paragraph 1(2), the regulations need not provide for eligibility to depend on the conditions described in paragraph 1(3) being met.

Cases where paragraph 1(3) conditions not met

10

In a case to which paragraph 9 does not apply, the regulations may make the value of housing assistance that is to be given to an individual depend on—

• (a) the age of either or both—

• (i) the individual, and

• (ii) anyone who lives with the individual,

• (b) the financial circumstances of either or both—

• (i) the individual, and

• (ii) anyone who lives with the individual.

CHAPTER 2 — FORM

Meeting liabilities

11

The regulations may provide for housing assistance that is to be given to an individual to be given (in whole or in part) by way of—

• (a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

• (b) deduction from any liability the individual has to the Scottish Ministers under section 63.

Restriction on giving assistance in a form other than money

12

• (1) The regulations may allow housing assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

• (2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual's behalf) to withdraw agreement to being given housing assistance in a form other than money at any time.

• (3) Despite sub-paragraph (1), the regulations may provide for housing assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63 if the individual has unreasonably refused to agree to the assistance being given in that form.

• (4) For the purpose of sub-paragraph (3), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

PART 3 — FINAL PROVISIONS

Generality of enabling power unaffected

13

Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

• (a) Chapter 1 of Part 1,

• (b) paragraphs 9 , 10A and 12 of Part 2.

Interpretation

14

In this schedule (unless stated otherwise)—

• “eligibility” means eligibility for housing assistance and “eligible” means eligible for housing assistance,

• “the regulations” means regulations under section 35(2).