The Care Leaver Payment (Scotland) Regulations 2026: scrutiny report

2.1 Support for care leavers

The draft regulations outline the rules for a new Care Leaver Payment, a £2000 payment to young people moving on from care. The Scottish Government note that the introduction of the payment aims to provide young people leaving care with additional financial security by removing barriers they face whilst moving into adulthood and more independent living.

The intention is that local authorities will make the first payments in Spring 2026, and Care Leaver Payment is projected to provide support to an estimated 1,727 young people in 2026-27 and an estimated 6,455 young people by 2029-30.¹Scottish Government, Care Leaver Payment, policy note

Consultation analysis suggests that respondents “largely supported the proposal to establish a Care Leaver Payment and thought it would help (to some extent) to reduce some of the financial barriers that care leavers can face when moving on from care.”²Scottish Government, Care Leaver Payment: consultation analysis Support for additional financial support for young people coming out of care was reiterated in our discussions with stakeholders.

Observation 1: The new payment is a welcome addition to the existing support available to young people who are leaving care as a step towards The Scottish Government keeping The Promise.

2.2 Eligibility

The 2021/22 Programme for Government included a commitment to the creation of a “Care Experienced Grant.³Scottish Government, Programme for Government 2021 to 2022 The Scottish Government has taken the decision to introduce the Care Leaver Payment as a step towards fulfilling this commitment. While we welcome the addition of this payment as a new source of financial support to “young people moving on from care”, it is clear that there is a wider group of care experienced people who will not benefit from the new payment.

The Scottish Government consultation noted that while “a range of respondents agreed with the proposed eligibility criteria and age requirements for applicants, it was very common for respondents to suggest that the proposed eligibility criteria and age requirements were too restrictive or that consideration should be given to extending eligibility for the payment to other groups.”⁴Care Leaver Payment Consultation: Analysis of Responses

We note that the new section 93A of the 2018 Act, under which these regulations are made, gives Ministers the power to make regulations to establish one or more schemes to deliver financial assistance to those people who have experience of being in the care system. While we note the pragmatic move to make a payment to one group at this stage, other groups of care experienced people should be considered as the Scottish Government makes improvement to this payment or considers the addition of other payments over time.

For instance, Care Leaver Payment will only be available to an individual who either was looked after on or after their 16th birthday as long as they cease to be looked after on or after 1 April 2026, and is not in receipt of continuing care or who was in receipt of continuing care, and ceases to receive continuing care on or after 1 April 2026.

In the latest version of the draft Equality Impact Assessment shared with us, the Scottish Government states that the payment may indirectly discriminate on age grounds, however, this is justified by referring to the amending legislation and the intention to focus on a particular group within the care experienced population. No mitigating action is suggested in the Equality Impact Assessment.⁵Scottish Government, Care Leaver Payment: draft Equality Impact Assessment, shared with SCoSS on 24 September 2025.

Some care experienced people will not receive Care Leaver Payment. For example:

• People who cease to be ‘looked after’ before the age of 16;
• People who cease to be ‘looked after’ before April 2026;
• Care leavers who are placed in Scotland but remain under the responsibility of an English, Welsh or Northern Irish local authority.

Recommendation 2: The Scottish Government should consider, in line with principle (g) of the social security principles on continuous improvement, how they can provide payments to the wider group of care experienced people.

2.3 Name of the payment

In our discussions with stakeholders they noted that there has been a general shift away from using the term “care leaver”.

Observation 2: As the language, terminology and understanding of the needs of care experienced people evolves, the name of the payment is something the Scottish Government should keep under review.