The Social Security (Scotland) Act 2018 (Commencement No. 2, Transitory and Saving Provision) Regulations 2018

Made: 3rd October 2018

Laid before the Scottish Parliament: 5th October 2018

Coming into force: 22nd October 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 99(2) and (3) of the Social Security (Scotland) Act 2018 .

Citation and commencement

1

• (1) These Regulations may be cited as the Social Security (Scotland) Act 2018 (Commencement No. 2, Transitory and Saving Provision) Regulations 2018 and come into force on 22 October 2018.

• (2) In these Regulations “the Act” means the Social Security (Scotland) Act 2018.

Appointed days

2

• (1) The day appointed for the coming into force of the following provisions of the Act is 22 October 2018—

• (a) sections 1 and 2 (the Scottish social security principles);

• (b) sections 3 to 9 (promotion of take-up of assistance under the Scottish social security system);

• (c) sections 15 to 19 (the Scottish social security charter);

• (d) section 20 (annual report on the performance of the Scottish social security system);

• (e) section 23 (meaning of the Scottish social security system);

• (f) sections 24 to 27 (giving assistance according to determination of entitlement);

• (g) sections 37 to 52 (determination of entitlement, re-determination and appeal);

• (h) section 53 and 54 (identifying possible eligibility and obtaining information);

• (i) sections 56 to 59 (duty to notify change of circumstances, appointees and right to a supporter);

• (j) sections 61 and 62 (right to appeal process decisions and presumption about receipt of information);

• (k) sections 63 to 69 (recovery of value of assistance);

• (l) sections 71 to 74 (offences);

• (m) section 75 (provision by regulations about investigations); and

• (n) section 87 (annual report on appeals).

• (2) 22 October 2018 is also the day appointed for section 76 (code of practice on investigations) of the Act to come into force, so far as not already in force (but subject to the saving provision in regulation 3(2)).

Transitory and saving provision

3

• (1) For the avoidance of doubt, the commencement by regulation 2(1)(d) and (n) of sections 20 and 87 of the Act does not require the Scottish Ministers to prepare any report in respect of the financial year ending on 31 March 2018.

• (2) Nothing in regulation 2(1)(a) brings a provision into force for any purpose within exception 1(a) insofar as it relates to industrial injuries benefits or 1(c) in section F1 (benefits for disability and industrial injury) in Part 2 of schedule 5 of the Scotland Act 1998 .

• (3) Nothing in regulation 2(1)(b) to (n) brings a provision into force for any purpose within exception 1 in Section F1 (benefits for disability and industrial injury) in Part 2 of schedule 5 of the Scotland Act 1998.

Signed

S SOMERVILLE — A member of the Scottish Government — 2018-10-03

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 asp 9.

[^f00002]: 1998 c.46. Section F1 was amended by sections 22 to 28 of the Scotland Act 2016 (c.11); of particular relevance to these Regulations is section 22(2) which inserted exception 1.

Editorial notes

[^c23403241]: 2018 asp 9.

[^c23403251]: 1998 c.46. Section F1 was amended by sections 22 to 28 of the Scotland Act 2016 (c.11). Section 22(2) of that Act inserted exception 1.

[^key-cb9bb269729aacb05f17094a440e385d]: Reg. 3(2)(3) substituted for reg. 3(2) (10.12.2019) by The Social Security (Scotland) Act 2018 (Commencement No. 2, Transitory and Saving Provision and Commencement No. 4 and Saving Provision) Amendment Regulations 2019 (S.S.I. 2019/406), regs. 1, 2(2)