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

Recommendation 1: The Scottish Government and local authorities should give due regard to the social security principles and the social security charter in the design, administration and the development of guidance for Care Leaver Payment.

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.

Recommendation 3: The Scottish Government should keep the amount of the payment under review based on the outcomes achieved for care leavers.

Recommendation 4: National guidance should state that the payment is supplementary to, and not a replacement for, existing care leaver provision.

Recommendation 5: Regulation 4 should explicitly say that the payment is to be given as money subject to the option to pay in another way by agreement. The guidance should make it clear that money should be the default.

Recommendation 6: As Care Leaver Payment is established through social security legislation its determination and appeals process should be rights-based. As such, the process to establish eligibility should include an application process and independent review alongside automatic payments.

Recommendation 7: The Care Leaver Payment regulations should make specific provision for appointees and the processes that local authorities use should be aligned with Social Security Scotland.

Recommendation 8: The Scottish Discretionary Housing Payment Guidance Manual should be amended to disregard Care Leaver Payment for the purposes of assessing an individual’s eligibility for Discretionary Housing Payment.

Recommendation 9: The Scottish Government should consider amendments to regulations in light of the technical issues we have identified.

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.

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.

Observation 3: Automatic payments, removing the need for individuals to submit an application, are an effective way of ensuring those entitled to a care leaver payment receive it.