Explanatory note

These Regulations make amendments to the following instruments (“low-income benefit legislation”):

• the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (“the Best Start Grants Regulations”),

• the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 (“the Best Start Foods Regulations”), and

• the Scottish Child Payment Regulations 2020 (“the Scottish Child Payment Regulations”).

These Regulations also make amendments to the following instruments (“the disability and carer’s benefit legislation”):

• the Social Security (Invalid Care Allowance) Regulations 1976,

• the Social Security (Attendance Allowance) Regulations 1991,

• the Social Security (Disability Living Allowance) Regulations 1991,

• the Social Security (Personal Independence Payment) Regulations 2013,

• the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019,

• the Disability Assistance for Children and Young People (Scotland) Regulations 2021, and

• the Disability Assistance for Working Age People (Scotland) Regulations 2022.

Amendments to the Best Start Grants Regulations

The Best Start Grants Regulations make provision about early years assistance that is given by the Scottish Ministers under the Social Security (Scotland) Act 2018 (“the 2018 Act”).

Regulation 2(2) inserts a new definition of “kinship carer” and a reference to an order under section 54A of the Human Fertilisation and Embryology Act 2008 (“the 2008 Act”), in order to expand the meaning of being responsible for a child.

Regulation 2(3) provides that individuals who are awarded a Scottish Child Payment are entitled to be auto-awarded early learning grant or a school-age grant in connection with a child (without having to submit a separate application), unless they opt-out of the auto-award process.

Regulations 2(4)(a), 2(5)(a) and 2(6)(a) remove the eligibility requirement that the child is not living in a residential establishment on the day the application is made.

Regulation 2(4)(c) inserts new categories of children under 16 years of age living in the same household as an individual who may be disregarded when calculating the value of an individual’s pregnancy and baby grant in respect of another child. This includes individuals who 1) have had to leave their home with a child/children due to domestic abuse from their partner or ex-partner, 2) have arrived in Scotland with a child/children as a refugee, to seek humanitarian protection, or with leave under the Afghanistan resettlement schemes or the Ukraine resettlement, or 3) have taken on responsibility for a child/children that is not their own when that child/children was more than 12 months old. Regulation 2(4)(d) inserts a definition of domestic abuse to be used until such time that sections 2 and 3 of the Domestic Abuse (Protection) (Scotland) Act 2021 come into force.

Amendments to the Best Start Foods Regulations

The Best Start Foods Regulations make provision for a scheme to provide benefits for pregnant women, mothers and children.

Regulation 3(2) and (4) removes and replaces the existing definition of “kinship carer” with a new definition to expand the meaning of being responsible for a child. Regulation 3(3) inserts reference to an order under section 54A of the 2008 Act in order to expand the meaning of being responsible for a child for the purposes of Best Start Foods.

Regulation 3(6) makes a technical amendment to correct a minor drafting error.

Amendments to the Scottish Child Payment Regulations

The Scottish Child Payment Regulations make provision about a Scottish child payment, a type of assistance that is given by the Scottish Ministers under section 79 of the 2018 Act.

Regulation 4(2) substitutes a new regulation 4 (interpretation) to insert definitions for a “child” and “coronavirus” into the Scottish Child Payment Regulations. Regulations 4(8)(c) and (d) remove the definition of “coronavirus” from paragraphs 34 and 35 of the schedule as a consequence of new regulation 4.

Regulation 4(3) inserts a new definition of “kinship carer”, to expand the meaning of being responsible for a child for the purposes of the Scottish Child Payment Regulations.

Regulation 4(4) amends the maximum age of the child for whom an individual must be responsible to be eligible for a Scottish child payment in regulation 18.

Regulation 4(5) inserts new regulation 18A. New regulation 18A makes provision for the beginning of an individual’s entitlement to assistance.

Regulation 4(6) increases the value of a Scottish child payment per week and makes provision for an individual’s entitlement where the child has died.

Regulation 4(7) amends regulation 21 to provide that an individual’s first payment of a Scottish child payment is to be made on a date specified in the determination, and any subsequent payment to be made 4 weekly in arrears.

Regulation 4(8)(a) amends paragraph 11 of the schedule to impose a duty on Scottish Ministers to make a determination, without having received an application, that an individual who is in receipt of a Scottish child payment in respect of a child under 6 years old is entitled to another Scottish child payment in respect of a child aged 6-15 years old.

Regulation 4(8)(b) amends paragraph 12 of the schedule to change the date that the 12 week period in which Scottish Ministers must make a determination without application under that paragraph begins.

Regulation 5 sets out transitional and consequential provision in relation to the Scottish Child Payment Regulations.

Amendments relating to an individual’s residence

Regulations 2(4)(b), 2(5)(b), 2(6)(b), 3(5), 6, 7, 8 and 9 make amendments to the disability and carer’s benefit legislation, the Best Start Grants Regulations and the Best Start Foods Regulations so that persons who do not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of the Immigration Act 1971 (c. 77), notably Irish citizens, may access assistance under the low-income benefit legislation or disability and carer’s benefit legislation, upon arrival in Scotland from Ukraine.