The Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018

• Citation: S.I. 2018/1138
• Sections: 11

Section 1 Citation, commencement and extent

(1) This Order may be cited as the Social Security (Scotland) Act 2018 (Best Start Grants) (Consequential Modifications and Saving) Order 2018.

(2) This Order comes into force immediately after the coming into force of the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 .

(3) Each amendment made by this Order has the same extent as the provision to which it relates.

Section 2 Interpretation

In this Part, “the 2005 Regulations” means the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 .

Section 3 Amendment of the 2005 Regulations

(1) The 2005 Regulations are amended as follows.

(2) In regulation 3A (provision against double payment: Sure Start Maternity Grants)—

(a) in paragraph (1)(b), after “Sure Start Maternity Grant”, insert “or a Best Start Grant”;

(b) for paragraph (1)(c), substitute—

(c) “subsequent grant” is, in respect of C—

(i) a second or subsequent Sure Start Maternity Grant; or

(ii) if a Best Start Grant has been given, a first Sure Start Maternity Grant;

(d) “Best Start Grant” is a grant given to a qualifying individual under Regulations made under section 32 of the Social Security (Scotland) Act 2018 in connection with having, or expecting to have, a new baby in the family.

(c) in paragraph (2), for “second” substitute “subsequent”;

(d) in paragraph (3), for “second” substitute “subsequent”.

(3) In the heading of Part 2, after “expenses” insert “in England and Wales”.

(4) In regulation 5 (entitlement), after paragraph (5), insert—

(6) The fifth condition is that the claimant lives in England or Wales.

Section 4 Saving in relation to the amendment of the 2005 Regulations

(1) The amendments made to the 2005 Regulations in article 3 are of no effect in relation to a claim for Sure Start Maternity Grant made before the date on which the first Regulations made under section 32 of the Social Security (Scotland) Act 2018 come into force.

(2) In paragraph (1), “Sure Start Maternity Grant” has the meaning given in the 2005 Regulations.

Section 5 Amendment of the Income Support (General) Regulations 1987

(1) The Income Support (General) Regulations 1987 are amended as follows.

(2) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), after paragraph 81 insert—

(82) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

(3) In Schedule 10 (capital to be disregarded), after paragraph 74 insert—

(75) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 6 Amendment of the Jobseeker’s Allowance Regulations 1996

(1) The Jobseeker’s Allowance Regulations 1996 are amended as follows.

(2) In Schedule 7 (sums to be disregarded in the calculation of income other than earnings), after paragraph 77 insert—

(78) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

(3) In Schedule 8 (capital to be disregarded), after paragraph 67 insert—

(68) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 7 Amendment of the State Pension Credit Regulations 2002

(1) The State Pension Credit Regulations 2002 are amended as follows.

(2) In regulation 15(1) (social security benefits which are not prescribed for the purposes of income as described in section 15(1)(e) of the State Pension Credit Act 2002), after sub-paragraph (ra) insert—

(rb) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

(3) In Schedule V (capital disregarded for the purpose of calculating income), after paragraph 20(2)(q) insert—

(r) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 8 Amendment of the Housing Benefit Regulations 2006

(1) The Housing Benefit Regulations 2006 are amended as follows.

(2) In Schedule 5 (sums to be disregarded in the calculation of income other than earnings), after paragraph 68 insert—

(69) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

(3) In Schedule 6 (capital to be disregarded), after paragraph 64 insert—

(65) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 9 Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 are amended as follows.

(2) In regulation 29 (meaning of “income”), after paragraph (1)(j)(xviib) insert—

(xviic) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018;

(3) In Part 1 of Schedule 6 (capital to be disregarded generally), after paragraph 21(2)(p) insert—

(q) early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 10 Amendment of the Employment and Support Allowance Regulations 2008

(1) The Employment and Support Allowance Regulations 2008 are amended as follows.

(2) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), after paragraph 69 insert—

(70) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

(3) In Schedule 9 (capital to be disregarded)

(a) the second paragraph numbered 61 is renumbered as paragraph 62;

(b) after paragraph 62 (as so renumbered) insert—

(63) Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

Section 11 Amendment of the Universal Credit Regulations 2013

(1) The Universal Credit Regulations 2013 are amended as follows.

(2) In Schedule 10 (capital to be disregarded), after paragraph 20 insert—

(21) Any early years assistance given within the past 12 months in accordance with section 32 of the Social Security (Scotland) Act 2018.