Discretionary housing payments have been devolved, but the law in Scotland has not change. It will eventually change, as there will be new rules set by part 5 the Social Security (Scotland) Act 2018.
The basic rules for the discretionary housing payment scheme are set by section 69 of the Child Support, Pensions and Social Security Act 2000.
More detail is set out in the Discretionary Financial Assistance Regulations 2001.
The DWP has published good practice guidance for local authorities administering discretionary housing payments. Even though this says that it only applies to England and Wales, no Scottish guidance has yet been produced to replace it, so local authorities may still be using it unless they have introduced their own guidance documents.
The main difference in Scotland is that the Scottish Government will fully pay back local authorities for any discretionary housing payments made to mitigate the effect of the ‘bedroom tax’, or under occupancy charge for council and housing association tenants.