Extending provision that enables relaxation of social security timescales in Scotland where delay is as a result of coronavirus

New statutory instrument

New regulations have been issued that include provision in relation to social security timescales in Scotland where a delay is as a result of coronavirus.

In force from 1 October 2022, the Coronavirus (Scotland) Acts (Saving Provision) Regulations 2022 (SSI.No.262/2022) make saving provision for certain measures in Part 1 of the Coronavirus (Scotland) Act 2020 (the first Scottish Act) and the Coronavirus (Scotland) (No.2) Act 2020 - that are due to expire at the end of 30 September 2022 - including in relation to provisions in the Social Security (Scotland) Act 2018 (the 2018 Act) that enable relaxation of social security timescales for coronavirus-related reasons.

The explanatory memorandum to the regulations advises that –

‘Part 2 of these Regulations makes saving provision in respect of the definition of ‘coronavirus’ in sections 52A and 52B of the 2018 Act. This is to continue the meaning given by section 1 of the first Scottish Act, so that sections 52A and 52B of the 2018 Act continue to have the same effect after the first Scottish Act has expired.

The saving provision is needed to save the definition of ‘coronavirus’ where it is deployed as a good reason to relax timescales for making of applications, requests for redetermination and appeals where they are made late for reasons due to coronavirus, so that those provisions continue to operate effectively beyond the expiry of Part 1 of the first Scottish Act.’

SSI.No.261/2022 is available from legislation.gov