# The Care Leaver Payment (Scotland) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make provision about a type of financial assistance established by the Scottish Ministers under section 93A (1) of the Social Security (Scotland) Act 2018.
The assistance is to be known as a “care leaver payment” and it is to be given to young people leaving the care of the local authority which last looked after them (the “responsible authority”).
Part 1 provides for citation, commencement and interpretation.
Part 2 sets out the eligibility, value and form of a care leaver payment, and how payment is or may be made by responsible authorities.
Part 3 makes provision about procedural matters:
Regulation 6 sets out the duties of the responsible authority in relation to notifying an individual that they are entitled to a care leaver payment.
Regulation 7 makes provision about an individual’s entitlement to make a request to any local authority for a determination as to their entitlement to a care leaver payment where the individual believes that they are entitled to that payment but has not been notified in accordance with regulation 6 in relation to the payment.
Regulation 8 makes provision about an individual’s right to request a review of a determination by a relevant authority (a responsible authority or a local authority who made a determination in accordance with regulation 7(4)) not to award the individual a care leaver payment.
Regulation 9 sets out the relevant authority’s duty to review an entitlement determination and the timescales within which a review must be completed.
Regulation 10 sets out the duties of the responsible authority or, as the case may be, a local authority (other than a responsible authority) in relation to notifying an individual about the outcome of a review.
Regulation 11 provides that, where a relevant authority is required to notify an individual in accordance with regulations 6(1), 7(5) and 10, it is to be presumed that the information is received 48 hours after it is sent, whether it is sent by post or email to the most up-to-date address the responsible authority holds for the individual. This is, however, only a presumption which can be rebutted if it can be proved that the information was received sooner or later than that.
Regulation 12 provides that a relevant authority may request information material to its consideration of an individual’s entitlement to a care leaver payment.
Regulation 13 makes provision about an individual’s right to a supporter in any discussion relating to a care leaver payment.
Regulation 14 sets out the responsible authority’s duty to provide such advice and assistance in connection with the care leaver payment to the individual, as it considers appropriate.
Regulations 15 and 16 set out an individual’s liability for repayment of a care leaver payment which is made in error.
Regulation 17 sets out a responsible authority’s duty to have regard to an individual’s circumstances before seeking recovery of a care leaver payment made in error.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111065112/note (the official version)
Page: https://openlegislation.uk/draft-care-leaver-payment-scotland-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.