Social Security PART 1 Introductory Citation and commencement 1 These Regulations may be cited as the Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013 and come into force on 29th April 2013. PART 2 Amendment of primary legislation Social Work (Scotland) Act 1968 2 In section 78(2A) of the Social Work (Scotland) Act 1968 (duty to make contributions in respect of children in care etc. ), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012 ,”. Legal Aid (Scotland) Act 1986 3 1 The Legal Aid (Scotland) Act 1986 is amended as follows. 2 In section 8(b) (availability of advice and assistance), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”. 3 In section 11(2)(b) (clients’ contributions), after “receipt of” insert “universal credit under Part 1 of the Welfare Reform Act 2012,”. Housing (Scotland) Act 1988 4 In section 18 of the Housing (Scotland) Act 1988 (orders for possession)— a in subsection (3A)(b), after “benefit” insert “or relevant universal credit”; b in subsection (4A), after “benefit” insert “or relevant universal credit”; and c in subsection (8)— i after paragraph (a), insert— aa “relevant universal credit” means universal credit to which the tenant was entitled which includes an amount under section 11 of the Welfare Reform Act 2012 in respect of the rent; ; and ii in paragraph (b), after “benefit” insert “or relevant universal credit”. Children (Scotland) Act 1995 5 In section 22(4) of the Children (Scotland) Act 1995 (promotion of welfare of children in need), after “receipt of–” insert— za universal credit under Part 1 of the Welfare Reform Act 2012; . Adults with Incapacity (Scotland) Act 2000 6 1 The Adults with Incapacity (Scotland) Act 2000 is amended as follows. 2 In section 39(1)(a) (matters which may be managed), for “or Part 1 of the Welfare Reform Act 2007 ” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”. 3 In section 41(a) (duties and functions of managers of authorised establishment), for “or Part 1 of the Welfare Reform Act 2007” substitute “, Part 1 of the Welfare Reform Act 2007 or Part 1 or 4 of the Welfare Reform Act 2012”. Housing (Scotland) Act 2006 7 In paragraph 6(5) of schedule 2 to the Housing (Scotland) Act 2006 (recording and notification of decisions), after “housing benefit” in each place where these words occur insert “or universal credit”. PART 3 Amendment of secondary legislation High Court of Justiciary Fees Order 1984 8 In article 2A of the High Court of Justiciary Fees Order 1984 (exemption of certain persons from fees), after paragraph (b) insert— ba the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012; . Advice and Assistance (Scotland) Regulations 1996 9 1 The Advice and Assistance (Scotland) Regulations 1996 are amended as follows. 2 In regulation 4(a) (applications for advice and assistance), after “support allowance” insert “, universal credit”. 3 In regulation 16(2)(a) (payment of fees and outlays from property recovered or preserved), after sub-paragraph (x) insert— xi by way of universal credit under Part 1 of the Welfare Reform Act 2012. . 4 In paragraph 5(d) of Schedule 2 (assessment of disposable capital and income), after head (k) insert— l universal credit . Sheriff Court Fees Order 1997 10 In article 7(1) of the Sheriff Court Fees Order 1997 (exemption of certain persons from fees), after sub-paragraph (b) insert— ba the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012; . Court of Session etc. Fees Order 1997 11 In article 5 of the Court of Session etc. Fees Order 1997 (exemption of certain persons from fees), after paragraph (b) insert— ba the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012; . National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 12 1 The National Health Service (Optical Charges and Payments) (Scotland) Regulations 1998 are amended as follows. 2 In regulation 1(2) (interpretation), after the definition of “tax credit” insert— “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012; . 3 In regulation 8(3) (eligibility – supply of optical appliances)— a omit “or” immediately after sub-paragraph (o); and b at the end of sub-paragraph (p), insert— ; or q he is in receipt of universal credit. . Civil Legal Aid (Scotland) Regulations 2002 13 1 The Civil Legal Aid (Scotland) Regulations 2002 are amended as follows. 2 In regulation 33(a) (payments out of property recovered or preserved: exceptions), after sub-paragraph (xii) insert— xiii by way of universal credit under Part 1 of the Welfare Reform Act 2012 . 3 In paragraph 5 of Schedule 2 (rules for computing disposable income), after sub-paragraph (f) insert— g universal credit paid under Part 1 of the Welfare Reform Act 2012 . 4 In paragraph 7 of Schedule 3 (rules for computing disposable capital), after “support allowance” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”. Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 14 In article 4(2) of the Council Tax (Discounts) (Scotland) Consolidation and Amendment Order 2003 (the severely mentally impaired)— a omit “and” immediately after sub-paragraph (k); and b at the end of sub-paragraph (l), insert— ; and m universal credit under Part 1 of the Welfare Reform Act 2012 . National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 15 1 The National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 are amended as follows. 2 In regulation 2 (interpretation), after the definition of “trade dispute” insert— “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012; . 3 In regulation 4(2) (description of persons entitled to full remission and payment), after sub-paragraph (b) insert— ba a person who is in receipt of universal credit; . Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003 16 In regulation 13(6)(a) of the Support and Assistance of Young People Leaving Care (Scotland) Regulations 2003 (manner in which financial assistance is provided), after “allowance” insert “, universal credit”. Education Maintenance Allowances (Scotland) Regulations 2007 17 In paragraph 3(e) of Schedule 2 to the Education Maintenance Allowances (Scotland) Regulations 2007 (ordinary residence), after “income support” insert “, universal credit”. Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008 18 In regulation 2(2) of the Bankruptcy (Scotland) Act 1985 (Low Income, Low Asset Debtors etc.) Regulations 2008 (debtor’s weekly income), after “2002” insert “or universal credit under Part 1 of the Welfare Reform Act 2012”. Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008 19 1 The Housing (Scotland) Act 2006 (Scheme of Assistance) Regulations 2008 are amended as follows. 2 In regulation 2 (interpretation), after the definition of “subsidised loan” insert— “universal credit” means universal credit payable under Part 1 of the Welfare Reform Act 2012. . 3 In regulation 4(3) (minimum percentage grant), after sub-paragraph (b) insert— ba universal credit; . Adoption Support Services and Allowances (Scotland) Regulations 2009 20 1 The Adoption Support Services and Allowances (Scotland) Regulations 2009 are amended as follows. 2 In regulation 2 (interpretation)— a omit “and” immediately after the definition of “jobseeker’s allowance”; and b after the definition of “kinship carer”, insert— “universal credit” means universal credit under Part 1 of the Welfare Reform Act 2012. . 3 In regulation 14(c) (termination of adoption allowances), after “support” insert “, universal credit”. Individual Learning Account (Scotland) Regulations 2011 21 In regulation 3(6)(b) of the Individual Learning Account (Scotland) Regulations 2011 (qualifying persons)— a omit “or” immediately after head (vi); and b at the end of head (vii), insert— ; or viii universal credit payable under Part 1 of the Welfare Reform Act 2012 . Justice of the Peace Court Fees (Scotland) Order 2012 22 In article 3(1) of the Justice of the Peace Court Fees (Scotland) Order 2012 , after sub-paragraph (b) insert— ba the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012; . NIC OLA STURGEON A member of the Scottish Government St Andrew’s House, Edinburgh 25th April 2013