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Scotland Act 2016

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This is the original version (as it was originally enacted).

26Discretionary payments and assistance

This section has no associated Explanatory Notes

In Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998, in the Exceptions, for the words from “Providing occasional financial” to “unsettled way of life.” substitute—

  • “Exception 7

    Providing financial or other assistance to or in respect of individuals who appear to require it for the purposes of meeting, or helping to meet, a short-term need that requires to be met to avoid a risk to the well-being of an individual.

    This exception does not except providing assistance where the requirement for it arises from reduction, non-payability or suspension of a benefit as a result of an individual’s conduct (for example, non-compliance with work-related requirements relating to the benefit) unless—

    (a)

    the requirement for it also arises from some exceptional event or exceptional circumstances, and

    (b)

    the need is immediate as well as short-term.

  • Exception 8

    Providing occasional financial or other assistance to or in respect of individuals who have been or might otherwise be—

    (a)

    in prison, hospital, a residential care establishment or other institution, or

    (b)

    homeless or otherwise living an unsettled way of life,

    and who appear to require the assistance to establish or maintain a settled home.”

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