HOLYROOD must secure the agreement of the UK Government before any new devolved benefit can take effect, according to the Scottish Secretary.
Alistair Carmichael has repeatedly denied SNP claims that Scotland's new devolution settlement contains Westminster "vetoes".
Holyrood will be free to create any new benefits it desires but the date of their implementation must be signed off by the UK Government, he told BBC Politics Scotland.
Any UK minister who tries to use the "technicality" of timing to "thwart the will of the Scottish Government" would find themselves subject to a judicial review, he said.
But Scottish Finance Secretary John Swinney has called for the draft settlement to be rewritten to affirm that the Scottish Government can create a new benefit and "exercise that power on our own terms".
The UK Government's Draft Scotland Clauses released last week states that Scottish ministers may not exercise any function that could impact on UK Universal Credit unless they have "consulted the Secretary of State about the practicability of implementing the regulations", and the Secretary of State "has given his or her agreement as to when any change made by the regulations is to start to have effect, such agreement not to be unreasonably withheld".
Mr Carmichael said: "A duty to consult is in no way, shape or form a veto.
"Having had their consultation, having had their conversation, if the two governments take different views at the end of the day then the Scottish Government is still entitled to go ahead with what they want to do.
"In no way can this possibly be described as a veto."
He added: "The second part of the clause only relates to the starting date.
"Now where you have the Scottish Government continuing to use the UK-wide mechanisms for delivery, then I think it is sensible that there should be agreement on a date at which you turn off things.
"That is quite different from the consultation that would be required on the question of setting up the power altogether.
Mr Swinney said: "My reading of the clause is that we have got to get his agreement.
"My point is you could quite understandably hear a UK minister say: 'Look, it's just not practical for you today to do that change.'
"And then come back a month later and say: 'It's still not practical today for you to do that change.'
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