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Social Security Administration and Tribunal Membership (Scotland) Act 2020

Consolidated Text As Enacted Cited authorities 40 Cited in Amendments 2 Related
JurisdictionScotland
Citation2020 asp 18
Year2020
(1) The Social Security (Scotland) Act 2018 is modified as follows.(2) After section 85 insert—
    Appointees
    (85A) Appointment of person to act on behalf of child
  • “(1) The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of a child in connection with the determination of the child's entitlement to assistance under section 24 or regulations under section 79.
  • (2) An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the child's behalf.
  • (3) The Scottish Ministers may only appoint an appointee if it appears to them that there is no person who—
  • (a) has authority to act on behalf of the child,
  • (b) resides with, and has care of, the child, and
  • (c) is willing, and practicably able, to act on the child's behalf in relation to the matter mentioned in subsection (1) .
The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of a child in connection with the determination of the child's entitlement to assistance under section 24 or regulations under section 79.An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the child's behalf.has authority to act on behalf of the child,resides with, and has care of, the child, andis willing, and practicably able, to act on the child's behalf in relation to the matter mentioned in subsection (1) .An individual who is under 16 years may not be appointed as an appointee.the appointee can do anything that a person with authority (however arising) to act on behalf of the child in relation to the determination of the child's entitlement to assistance could do in connection with the determination of the child's entitlement to assistance (including making an application for assistance) ,the Scottish Ministers may request that the appointee provide them with information that the Ministers may otherwise request under section 54 or (as the case may be) the regulations under section 79 (and in the case of section 54, subsections (2) and (3) of that section apply to that request as they apply to a request made to the child) ,any information that would be given to the child under or by virtue of Part 2 or (as the case may be) the regulations, must be given to the appointee instead.The Scottish Ministers may terminate an appointment under subsection (1) at any time.In this section, “child” means an individual who is under 16 years.(1) The Social Security (Scotland) Act 2018 is modified as follows.(2) Section 58 is repealed.(3) In section 85A (as inserted by section 1) , after subsection (5) insert—
  • “(5A) The Scottish Ministers must consider whether to make an appointment under subsection (1) , or to terminate such an appointment, if requested to do so by—
  • (a) the child, or
  • (b) anyone else who appears to the Ministers to—
  • (i) have authority to act on behalf of the child,
  • (ii) reside with, and have care of, the child, or
  • (iii) have an interest in the welfare or financial affairs of the child.
the child, orhave authority to act on behalf of the child,reside with, and have care of, the child, orhave an interest in the welfare or financial affairs of the child.Subsection (5C) applies where the Scottish Ministers are deciding whether to make or terminate an appointment under subsection (1) .the child,anyone who is a relevant person in relation to the child within the meaning of section 200 of the Children's Hearings (Scotland) Act 2011, andanyone else who appears to the Ministers to have an interest in the welfare or financial affairs of the child.(4) After section 85A insert—
    (85B) Appointment of person to act in other circumstances
  • “(1) The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of an individual in connection with the determination of the individual's entitlement to assistance under section 24 or regulations under section 79.
  • (2) An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the individual's behalf.
  • (3) The Scottish Ministers may only appoint an appointee if—
  • (a) the individual is 16 years or over and the conditions in subsection (4) are met, or
  • (b) it appears to them that subsection (6) or (7) applies.
The Scottish Ministers may appoint a person (an “appointee”) to act on behalf of an individual in connection with the determination of the individual's entitlement to assistance under section 24 or regulations under section 79.An appointment under subsection (1) may, if the Scottish Ministers consider it appropriate, include an appointment of the person to receive such assistance on the individual's behalf.the individual is 16 years or over and the conditions in subsection (4) are met, orit appears to them that subsection (6) or (7) applies.the individual indicates (in such form as the Scottish Ministers require) that the individual agrees to the appointment, andthe individual is not incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,the individual understands the effect of the appointment,the individual has not been subject to any undue influence in agreeing to the appointment, andthe person proposed to be appointed is suitable to act as the individual's appointee.The Scottish Ministers are to make regulations defining “appropriate person” for the purposes of subsection (4) (b) .the individual is deceased, andthere is no executor appointed on the individual's estate.the individual is incapable within the meaning of the Adults with Incapacity (Scotland) Act 2000,there is no guardian acting or appointed under that Act,the individual's estate is not being administered by a judicial factor, andthere is no other person who has authority to act on behalf of the individual and is willing to do so.An individual who is under 16 years may not be appointed as an appointee.the appointee can do anything that a relevant individual could do in connection with the determination of the individual's entitlement to assistance (including making an application for assistance) ,the Scottish Ministers may request that the appointee provide them with information that the Ministers may otherwise request under section 54 or (as the case may be) the regulations under section 79 (and in the case of section 54, subsections (2) and (3) of that section apply to that request as they apply to a request made to the individual) ,any information that would be given to the individual under or by virtue of Part 2 or (as the case may be) the regulations, must be given to the appointee instead.in the case of an appointment by virtue of subsection (3) (a) , the individual in relation to whom the appointment is made,in the case of an appointment by virtue of subsection (6) , an executor appointed on the individual's estate,in the case of an appointment by virtue of subsection (7) , a person with authority (however arising) to act on behalf of the individual in relation to the determination of the individual's entitlement to assistance.

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