Welfare Funds (Scotland) Act 2015
| Jurisdiction | Scotland |
| Citation | 2015 asp 5 |
| Year | 2015 |
(a) any grants paid into the fund by the Scottish Ministers, and(b) any amounts paid into the fund by the local authority.arising out of an exceptional event or exceptional circumstances, andthat requires to be met to avoid a risk to the wellbeing of an individual, orenabling qualifying individuals to establish or maintain a settled home.in prison, hospital, a residential care establishment or other institution, orhomeless or otherwise living an unsettled way of life.(3) The assistance which a local authority may use its welfare fund to provide does not include making loans.(4) A local authority may exercise its power under subsection (1) by making a payment to a third party with a view to the third party providing, or arranging the provision of, goods or services to or in respect of an individual.(1) Where an applicant for assistance in pursuance of section 2 from a local authority applies to it to do so, the local authority must review its decision on the application.(2) Subsection (1) is subject to subsection (3) .provide as to circumstances in which a decision made in pursuance of section 2 is not to be reviewed under subsection (1) ,provide as to how an application for review under subsection (1) is to be made,provide as to time limits for the making of applications for review under subsection (1) .(4) Regulations made under this section are subject to the affirmative procedure.(1) The Scottish Ministers may, by regulations, make further provision in connection with sections 1 to 3.about how an application to receive assistance in pursuance of section 2 is to be made,about the procedure which local authorities are to follow in relation to such applications, including the period within which they are to take any particular steps,about the eligibility of individuals to receive assistance in pursuance of section 2,about other circumstances in which assistance may, or may not, be provided in pursuance of section 2,about the type of assistance which may be so provided,about circumstances in which amounts may require to be repaid or recovered in respect of assistance which has been so provided,requiring a local authority to provide the Scottish Ministers with such information in connection with the exercise of its functions under sections 1 to 3 as may be specified in the regulations,about the procedure which local authorities are to follow in relation to reviews in pursuance of section 3, or applications for such reviews, including the period within which they are to take any particular steps,requiring persons to provide information for the purposes of a review by a local authority in pursuance of section 3,about circumstances in which an application to receive assistance or an application for review by a local authority may be made by a person on behalf of an individual.immediately after the authority has received all information allowing a decision to be made, andin any event, no later than the end of the next working day.different provision for different purposes,incidental, supplementary, consequential, transitional, transitory or saving provision.(5) Regulations made under this section are subject to the affirmative procedure.(a) that applicants for assistance in pursuance of section 2 are treated with respect, and(b) that their dignity is preserved.sections 1 to 3,any regulations made under section 4.must be addressed to, and apply in the same way to, all local authorities,may be general or specific,may be varied or revoked.such body representing local authorities as they think fit,the Ombudsman, andsuch other persons as they consider appropriate.(4) The Scottish Ministers must publish guidance issued under this section in such manner as they consider appropriate.(1) Subsection (2) applies where an applicant for assistance in pursuance of section 2 is dissatisfied with the outcome of a review by a local authority in pursuance of section 3.by the applicant, orby a person authorised for the purpose by the applicant.(3) An application under subsection (2) may be made orally or in writing.(4) The Ombudsman must not consider an application under subsection (2) made more than one month after the day on which the applicant first had notice of the outcome of the review by the local authority in pursuance of section 3, unless the Ombudsman is satisfied that there are circumstances which make it appropriate to consider an application made outwith that period.(5) It is for the Ombudsman to determine whether an application under subsection (2) has been duly made.
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