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The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780111059098

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018 for approval by resolution of the Scottish Parliament.

Social Security

Made 2024

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(1) of the Social Security Act 1988f1, section 70(8) of the Social Security Contributions and Benefits Act 1992f2, sections 28(2), 30(2), 31(2), 32(2), 34(2), 79(1) and 95 of the Social Security (Scotland) Act 2018f3 and all other powers enabling them to do so.

In accordance with section 13(2) of the Social Security Act 1988, they have consulted with the Welsh Ministersf4.

In accordance with section 97(2) of the Social Security (Scotland) Act 2018, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.

In accordance with section 96(2) of the Social Security (Scotland) Act 2018f5, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Annotations to the whole text

Footnotes

f1

1988 c. 7 (“the 1988 Act”). Section 13 was substituted by section 185(1) of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) and amended by section 27(5) of the Scotland Act 2016 (c. 11) (“the 2016 Act”). Section 175(2) to (5) of the Social Security Contributions and Benefits Act 1992 (c. 4) applies to the power to make regulations under section 13 of the 1988 Act by virtue of section 15A(1) of that Act. Section 15A(1) of the 1988 Act was inserted by paragraph 8(10) of schedule 6 of the Social Security Act 1990 (c. 27) and was amended by paragraph 96 of schedule 2 of the Social Security (Consequential Provisions) Act 1992. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46) (“the 1998 Act”) as read with sections 27(2) and 32 of the 2016 Act.

f2

1992 c. 4 (“the 1992 Act”). Section 175(1) provides that the power to make regulations under the 1992 Act is to be exercised by the Secretary of State. The Secretary of State’s function under section 70(8) transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act as read with sections 22(2) and 32 of the 2016 Act. The requirement to consult the Social Security Advisory Committee under section 172 of the Social Security Administration Act 1992 (c. 5) does not apply to the Scottish Ministers by virtue of section 33 of the 2016 Act.

f3

2018 asp 9. The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

f4

Functions conferred or imposed on the National Assembly for Wales immediately before the first appointment of a First Minister under section 46 of the Government of Wales Act 2006 (c. 32) by an enactment contained in an Act were transferred to the Welsh Ministers by paragraph 30(2)(c) of schedule 11 of that Act.

f5

Section 96(2), to which there are amendments not relevant to these Regulations.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Adult Disability Payment Regulations
  3. 3Amendment of the Adult Disability Payment Transitional Regulations
  4. 4Amendment of the Best Start Foods Regulations
  5. 5Amendment of the Best Start Grants Regulations
  6. 6Amendment of the Carer’s Allowance Regulations
  7. 7Amendment of the Carer Support Payment Regulations
  8. 8Amendment of the Child Disability Payment Regulations
  9. 9Amendment of the Child Winter Heating Payment Regulations
  10. 10Amendment of the Funeral Support Payment Regulations
  11. 11Amendment of the Scottish Child Payment Regulations
  12. 12Amendment of the Winter Heating Payment Regulations
  13. 13Amendment of the Young Carer Grants Regulations
  14. 14Saving and transitional provisions
  15. Signature
  16. Schedule: Saving and transitional provisions
  17. 1Adult Disability Payment Regulations
  18. 2Adult Disability Payment Transitional Regulations
  19. 3Best Start Foods Regulations
  20. 4Best Start Grants Regulations
  21. 5Carer Support Payment Regulations
  22. 6Child Disability Payment Regulations
  23. 7Child Winter Heating Payment Regulations
  24. 8Funeral Support Payment Regulations
  25. 9Scottish Child Payment Regulations
  26. 10Winter Heating Payment Regulations
  27. 11Young Carer Grants Regulations
  28. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024.

(2)

Subject to paragraphs (3) and (4), these Regulations come into force on 1 April 2024.

(3)

Regulation 7 comes into force on 7 April 2024.

(4)

Regulations 2, 3 and 8 come into force on 8 April 2024.

(5)

In these Regulations—

  • “the Adult Disability Payment Regulations” means the Disability Assistance for Working Age People (Scotland) Regulations 2022f1,

  • “the Adult Disability Payment Transitional Regulations” means the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022f2,

  • “the Best Start Foods Regulations” means the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019f3,

  • “the Best Start Grants Regulations” means the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018f4,

  • “the Carer’s Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 1976f5,

  • “the Carer Support Payment Regulations” means the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023f6,

  • “the Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021f7,

  • “the Child Winter Heating Payment Regulations” means the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020f8,

  • “the Funeral Support Payment Regulations” means the Funeral Expense Assistance (Scotland) Regulations 2019f9,

  • “the Scottish Child Payment Regulations” means the Scottish Child Payment Regulations 2020f10,

  • “the Winter Heating Payment Regulations” means the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023f11,

  • “the Young Carer Grants Regulations” means the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019f12.

2Amendment of the Adult Disability Payment Regulations

In regulation 34 (amount and form of Adult Disability Payment)f1 of the Adult Disability Payment Regulations—

(a)

in paragraph (1)(a), for “£68.10” substitute “£72.65”,

(b)

in paragraph (1)(b), for “£101.75” substitute “£108.55”,

(c)

in paragraph (2)(a), for “£26.90” substitute “£28.70”,

(d)

in paragraph (2)(b), for “£71.00” substitute “£75.75”.

3Amendment of the Adult Disability Payment Transitional Regulations

In regulation 6(1) (amount and form and time of payment of Adult Disability Payment)f1 of the Adult Disability Payment Transitional Regulations, for “£26.90” substitute “£28.70”.

4Amendment of the Best Start Foods Regulations

In regulation 13(1) (value of benefit)f1 of the Best Start Foods Regulations, for “£4.95” substitute “£5.30”.

5Amendment of the Best Start Grants Regulations

(1)

The Best Start Grants Regulations are amended as follows.

(2)

In schedule 2 (pregnancy and baby grant)—

(a)

in paragraph 6(1) (basic amount)f1—

(i)

in head (a), for “£707.25” substitute “£754.65”,

(ii)

in head (b), for “£353.65” substitute “£377.35”,

(b)

in paragraph 7(1) (multiple pregnancy supplement)f2, for “£353.65” substitute “£377.35”.

(3)

In paragraph 4 (value of grant) of schedule 3 (early learning grant)f3, for “£294.70” substitute “£314.45”.

(4)

In paragraph 5 (value of grant) of schedule 4 (school-age grant)f4, for “£294.70” substitute “£314.45”.

6Amendment of the Carer’s Allowance Regulations

In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed)f1 of the Carer’s Allowance Regulations, for “£139”, in both places where it occurs, substitute “£151”.

7Amendment of the Carer Support Payment Regulations

(1)

The Carer Support Payment Regulations are amended as follows.

(2)

In regulation 14(1) (earnings limit), for “£139” substitute “£151”.

(3)

In regulation 16(1) (amount and form of Carer Support Payment), for “£76.75” substitute “£81.90”.

8Amendment of the Child Disability Payment Regulations

In regulation 23 (amount and form of Child Disability Payment)f1 of the Child Disability Payment Regulations—

(a)

in paragraph (1)(a), for “£101.75” substitute “£108.55”,

(b)

in paragraph (1)(b), for “£68.10” substitute “£72.65”,

(c)

in paragraph (1)(c), for “£26.90” substitute “£28.70”,

(d)

in paragraph (2)(a), for “£71.00” substitute “£75.75”,

(e)

in paragraph (2)(b), for “£26.90” substitute “£28.70”.

9Amendment of the Child Winter Heating Payment Regulations

In regulation 10(1) (value and form of child winter heating assistance)f1 of the Child Winter Heating Payment Regulations, for “£235.70” substitute “£251.50”.

10Amendment of the Funeral Support Payment Regulations

In regulation 13 (amount of funeral expense assistance)f1 of the Funeral Support Payment Regulations—

(a)

in paragraph (1)(b), for “£1,178.75 substitute “£1,257.75”,

(b)

in paragraph (4)(b), for “£23.75” substitute “£25.35”,

(c)

in paragraph (6), for “£143.85” substitute “£153.50”.

11Amendment of the Scottish Child Payment Regulations

In regulation 20(1) (value and form of a Scottish child payment)f1 of the Scottish Child Payment Regulations, for “£25.00” substitute “£26.70”.

12Amendment of the Winter Heating Payment Regulations

In regulation 9(1) (value and form of winter heating payment)f1 of the Winter Heating Payment Regulations, for “£55.05” substitute “£58.75”.

13Amendment of the Young Carer Grants Regulations

In regulation 12(1) (amount and form of young carer grants)f1 of the Young Carer Grants Regulations, for “£359.65” substitute “£383.75”.

14Saving and transitional provisions

The saving and transitional provisions in the schedule have effect.

Signature

Name

A member of the Scottish Government

St Andrew’s House,

Edinburgh

Date

1Adult Disability Payment Regulations

(1)

This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.

(2)

Despite regulation 2, regulation 34 of the Adult Disability Payment Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).

2Adult Disability Payment Transitional Regulations

(1)

This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.

(2)

Despite regulation 3, regulation 6 of the Adult Disability Payment Transitional Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).

3Best Start Foods Regulations

(1)

This paragraph applies where an individual’s entitlement to benefit includes an award for the period on or after 3 April 2023 and before 1 April 2024.

(2)

Despite regulation 4, regulation 10 of the Best Start Foods Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date in respect of the period mention in sub-paragraph (1).

4Best Start Grants Regulations

(1)

This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 5, paragraphs 6 and 7 of schedule 2 of the Best Start Grants Regulations continue to have effect on and after 1 April 2024 as they did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.

(3)

Despite regulation 5, paragraph 4 of schedule 3 and paragraph 5 of schedule 4 of the Best Start Grants Regulations continue to have effect on and after 1 April 2024 as they did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled.

5Carer Support Payment Regulations

(1)

This paragraph applies where an individual’s application for assistance was made on or after 19 November 2023 and before 7 April 2024.

(2)

Despite regulation 7, regulations 14(1) and 16(1) of the Carer Support Payment Regulations continue to have effect on and after 7 April 2024 as they did immediately before that date in respect of the period mentioned in sub-paragraph (1).

6Child Disability Payment Regulations

(1)

This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.

(2)

Despite regulation 8, regulation 23 of the Child Disability Payment Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).

7Child Winter Heating Payment Regulations

(1)

This paragraph applies where an individual is entitled to be paid child winter heating assistance in respect of a qualifying week occurring on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 9, regulation 10 of the Child Winter Heating Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).

(3)

In this paragraph, “child winter heating assistance” and “qualifying week” have the meanings given in regulation 2 of the Child Winter Heating Payment Regulations.

8Funeral Support Payment Regulations

(1)

This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 10, regulation 13 of the Funeral Support Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.

9Scottish Child Payment Regulations

(1)

This paragraph applies where part of an individual’s determination of entitlement includes an award for the period on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 11, regulation 20(1) of the Scottish Child Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).

10Winter Heating Payment Regulations

(1)

This paragraph applies where an individual is entitled to be paid winter heating payment in respect of a qualifying week occurring on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 12, regulation 9 of the Winter Heating Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).

(3)

In this paragraph, “winter heating payment” and “qualifying week” have the meanings given in regulation 2 of the Winter Heating Payment Regulations.

11Young Carer Grants Regulations

(1)

This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.

(2)

Despite regulation 13, regulation 12 of the Young Carer Grants Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for an increase in various values and amounts of forms of assistance payable by virtue of regulations made under the Social Security (Scotland) Act 2018 and make amendments to the Social Security (Invalid Care Allowance) Regulations 1976, and the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019. The Regulations come into force on 1 April 2024 with the exception of regulations 2, 3 and 8, which come into force on 8 April 2024 and regulation 7 which comes into force on 7 April 2024.

Regulation 2 increases the amount of Adult Disability Payment payable under the Disability Assistance for Working Age People (Scotland) Regulations 2022. Paragraph 1 of the schedule makes saving provision so that the previous amount of this assistance is still payable in certain circumstances.

Regulation 3 increases the amount of a transitional rate of Adult Disability Payment payable under the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022. Paragraph 2 of the schedule makes saving provision so that the previous amount of this assistance is still payable in certain circumstances.

Regulation 4 increases the value of the basic rate of Best Start Foods benefit under the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019. Paragraph 3 of the schedule make transitional provision so that the previous values of this assistance are still payable in certain circumstances.

Regulation 5 increases the amount of the pregnancy and baby grant payable under the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018. Regulation 5 also increases the value of the early learning grant and the school-age grant, payable under those Regulations. Paragraph 4 of the schedule makes saving provision so that the previous values or amount of this assistance are still payable in certain circumstances.

Regulation 6 amends regulation 8 of the Social Security (Invalid Care Allowance) Regulations 1976 (“the 1976 Regulations”) to increase the amount that a person eligible for payment of carer’s allowance from the Scottish Ministers can earn in a given week without being deemed to be gainfully employed and, therefore, losing their entitlement to carer’s allowance. The Social Security Amendment (Carer’s Allowance) Regulations 2002 replaces references to “Invalid Care Allowance” with references to “Carer’s Allowance” in certain legislative provisions, but “Invalid Care Allowance” remains part of the title of the 1976 Regulations for statutory purposes.

Regulation 7 amends regulation 14 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (the Carer Support Payment Regulations) to increase the earnings limit for payment of carer support payment. Regulation 7 also increases the amount of carer support payment payable under regulation 16 of the Carer Support Payment Regulations. Paragraph 5 of the schedule makes saving provision so that the previous amount of this assistance is still payable in certain circumstances.

Regulation 8 increases the amount of Child Disability Payment payable under the Disability Assistance for Children and Young People (Scotland) Regulations 2021. Paragraph 6 of the schedule makes saving provision so that the previous amount of this assistance is still payable in certain circumstances.

Regulation 9 increases the value of child winter heating payment payable under the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020. Paragraph 7 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.

Regulation 10 increases the amounts of funeral expense assistance payable under the Funeral Expense Assistance (Scotland) Regulations 2019. Paragraph 8 of the schedule makes saving provision so that the previous amounts of this assistance are still payable in certain circumstances.

Regulation 11 increases the value of Scottish Child Payment payable under the Scottish Child Payment Regulations 2020. Paragraph 9 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.

Regulation 12 increases the value of winter heating payment payable under the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023. Paragraph 10 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.

Regulation 13 increases the amount of Young Carer Grant payable under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019. Paragraph 11 of the schedule makes saving provision so that the previous value of this grant is still payable in certain circumstances.