Commentary on provisions of Act Section 24: Discretionary payments: top-up of reserved benefits
Section 24 inserts Exception 5 in Section F1 (social security schemes) in Part 2 of Schedule 5 to the Scotland Act 1998.
	Exception 5 provides the Scottish Parliament with legislative competence to introduce discretionary top-up payments to people in Scotland who are entitled to a reserved benefit. These top-up payments could be paid on an individual case by case basis or to provide on-going entitlement to specific or all benefit claimants.
	The exception does not devolve competence over the provision of discretionary financial assistance as part of a reserved benefit (for example Universal Credit hardship payments).
	The exception provides that where a person is in receipt of a reserved benefit that is subject to a reduction, suspension or non-payability (for example as a result of a sanction because of non-compliance with a work-related requirement) a discretionary top-up payment cannot be made to an individual simply to offset this reduction.