MODEL STATUTORY INSTRUMENTS

2018 No. 0000

CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND

The Welfare (Scotland) Order 2018 [draft]

Made 2018

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the []th day of November 2018

Present,
The Queen’s Most Excellent Majesty in Council

This Order is made by Her Majesty in Council in exercise of the powers conferred upon Her by section
30(2) of the Scotland Act 1998(a).
In accordance with section 115 of, and paragraphs 1 and 2 of Schedule 7 to, that Act, a draft of this
Order has been—
(a) laid before and approved by a resolution of each House of Parliament; and
(b) laid before and approved by a resolution of the Scottish Parliament.

Accordingly, Her Majesty, by and with the advice of Her Privy Council, makes the following Order:

Citation and commencement

1. This Order may be cited as the Welfare (Scotland) Order 2018 and comes into force on the day
after the day on which it is made.

Social security: income- and wealth-assessed benefits

2.—(1) In Part 2 of Schedule 5 to the Scotland Act 1998, Section F1 is amended as follows.
(2) In the Interpretation, in the definition of “excluded benefit” omit paragraph (a).

(a) 1998 c. 46.

 EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends Schedule 5 to the Scotland Act 1998 (c. 46) (reserved matters) so as to enable the
Scottish Parliament to legislate for benefits the entitlement to which, or the amount of which, is
normally determined (to any extent) by reference to a person’s income or wealth.
This Order implements the recommendation in the First Report of the Royal Commission on Welfare
Devolution (Cm. 10) laid before Parliament on the 30th of October 2018.
Section F1 of Part 2 of Schedule 5 to the Scotland Act 1998 reserves social security schemes, with 10
exceptions. In three of the exceptions, it is provided that any benefit which is an “excluded benefit” is
not included in the exception. The restriction applies to disability benefit, severe disablement benefit,
industrial injuries benefit, carer’s benefit, and the power to create new benefits.
The paragraph omitted by article 2 of this Order caused benefits determined by reference to income or
wealth to be included in the definition of “excluded benefits”.