The Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014

• Citation: S.I. 2014/513
• Sections: 29

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Social Care (Self-directed Support) (Scotland) Act 2013 (Consequential Modifications and Savings) Order 2014.

(2) This Order comes into force on 1st April 2014.

(3) Any modification made by the Schedule has the same extent as the provision being modified.

Section 2 Modifications

The modifications contained in the Schedule have effect.

Section 3 Savings

Notwithstanding article 2, the modifications contained in the Schedule are of no effect in respect of a payment made under section 12B of the Social Work (Scotland) Act 1968 after this Order comes into force.

Section 1 Income Support (General) Regulations 1987

In—

(a) paragraph 58 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 67 of Schedule 10 (capital to be disregarded),

to the Income Support (General) Regulations 1987 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 ”.

Section 2 Family Credit (General) Regulations 1987

In paragraph 57 of Schedule 2 (sums to be disregarded in the calculation of income other than earnings) to the Family Credit (General) Regulations 1987 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 3 Disability Working Allowance (General) Regulations 1991

In paragraph 55 of Schedule 3 (sums to be disregarded in the calculation of income other than earnings) to the Disability Working Allowance (General) Regulations 1991 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 4 Child Support (Maintenance Assessments and Special Cases) Regulations 1992

In paragraph 48C of Schedule 2 (amounts to be disregarded when calculating or estimating N and M (parent’s net income)) to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 , for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 5 Jobseeker’s Allowance Regulations 1996

In—

(a) paragraph 56 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 60 of Schedule 8 (capital to be disregarded),

to the Jobseeker’s Allowance Regulations 1996 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 6 Housing Renewal Grants Regulations 1996

In paragraph 59 of Schedule 3 (sums to be disregarded in the determination of income other than earnings) to the Housing Renewal Grants Regulations 1996 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 7 State Pension Credit Regulations 2002

In paragraph 23C of Part I (capital disregarded for the purpose of calculating income) of Schedule V (income from capital) to the State Pension Credit Regulations 2002 —

(a) omit “by virtue of regulations made under”;

(b) at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c) for paragraph (b) substitute—

(b) as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or

Section 8 Tax Credits (Definition and Calculation of Income) Regulations 2002

In item 14 of Table 6 (sums disregarded in the calculation of income) in regulation 19 of the Tax Credits (Definition and Calculation of Income) Regulations 2002 —

(a) omit “section 12B of the Social Work (Scotland) Act 1968,”; and

(b) after “2002”, insert “or as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 9 Non-Contentious Probate Fees Order 2004

In paragraph 1(1) (interpretation) of Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 2004 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 10 Housing Benefit Regulations 2006

In—

(a) paragraph 57 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 58 of Schedule 6 (capital to be disregarded),

to the Housing Benefit Regulations 2006 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 11 Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

In paragraph 26D of Part 1 (capital to be disregarded generally) of Schedule 6 (capital to be disregarded) to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 —

(a) omit “by virtue of regulations made under”;

(b) at the beginning of paragraphs (a) and (c) insert “by virtue of regulations made under”; and

(c) for paragraph (b) substitute—

(b) as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; or

Section 12 Gender Recognition (Application Fees) Order 2006

In paragraph 1(1) (interpretation) of the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 2006 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 13 Court of Protection Fees Order 2007

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Court of Protection Fees Order 2007 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 14 Employment and Support Allowance Regulations 2008

In—

(a) paragraph 53 of Schedule 8 (sums to be disregarded in the calculation of income other than earnings); and

(b) paragraph 56 of Schedule 9 (capital to be disregarded),

to the Employment and Support Allowance Regulations 2008 , for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”.

Section 15 Magistrates’ Courts Fees Order 2008

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Magistrates’ Courts Fees Order 2008 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 16 Civil Proceedings Fees Order 2008

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Civil Proceedings Fees Order 2008 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 17 Family Proceedings Fees Order 2008

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Family Proceedings Fees Order 2008 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013 ”.

Section 18 Upper Tribunal (Lands Chamber) Fees Order 2009

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Upper Tribunal (Lands Chamber) Fees Order 2009 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 19 Supreme Court Fees Order 2009

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the Supreme Court Fees Order 2009 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 20 First-tier Tribunal (Gambling) Fees Order 2010

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Gambling) Fees Order 2010 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 21 Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

In paragraph 1(1) (interpretation) of Schedule 2 (remissions) to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 22 Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012

In Schedule 6 (capital disregards) to the Council Tax Reduction Schemes (Prescribed Requirements) (England) Regulations 2012 —

(a) in paragraph 29, omit paragraph (b); and

(b) after paragraph 29 insert—

(29ZA) Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

Section 23 First-tier Tribunal (Property Chamber) Fees Order 2013

In paragraph 1(1) (interpretation) of Schedule 2 (remissions and part remissions) to the First-tier Tribunal (Property Chamber) Fees Order 2013 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 24 Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

In paragraph 1(1) (interpretation) of Schedule 3 (remissions and part remissions) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 , in paragraph (e) of the definition of “excluded benefits” for “section 12B(1) of the Social Work (Scotland) Act 1968” substitute “the Social Care (Self–directed Support) (Scotland) Act 2013”.

Section 25 Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013

(1) The Council Tax Reduction Schemes and Prescribed Requirements (Wales) Regulations 2013 are amended as follows.

(2) In paragraph 28 of Schedule 5 (capital disregards: pensioners), omit paragraph (b).

(3) After paragraph 28 of Schedule 5 insert—

(a) in the English text—

(28A) Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

(b) in the Welsh text—

(28A) Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) ( Yr Alban) 2013.

(4) In paragraph 59 of Schedule 9 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners) and paragraph 60 of Schedule 10 (capital disregards: persons who are not pensioners)—

(a) in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

Section 26 Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013

(1) The scheme set out in the Schedule to the Council Tax Reduction Schemes (Default Scheme) (Wales) Regulations 2013 is amended as follows.

(2) In paragraph 59 of Schedule 7 (sums disregarded in the calculation of income other than earnings: persons who are not pensioners)—

(a) in the English text, for “under section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.

(3) In paragraph 28 of Part 1 of Schedule 8 (capital to be disregarded), omit paragraph (b).

(4) After paragraph 28 of Schedule 8 insert—

(a) in the English text—

(28A) Any payment made as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013.

(b) in the Welsh text—

(28A) Unrhyw daliad a wneir ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013.

(5) In paragraph 60 of Schedule 9 (capital disregards: persons who are not pensioners)—

(a) in the English text, for “section 12B of the Social Work (Scotland) Act 1968” substitute “as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013”; and

(b) in the Welsh text, for “o dan adran 12B o Ddeddf Gwaith Cymdeithasol (Yr Alban) 1968” substitute “ar ffurf taliad uniongyrchol fel y’i diffinnir yn adran 4(2) o Ddeddf Gofal Cymdeithasol (Cymorth Hunangyfeiriedig) (Yr Alban) 2013”.