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The Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025: scrutiny report

The Scottish Commission on Social Security's scrutiny report on the draft Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulations 2025

10. Approach to scrutiny

This report has been completed in accordance with the Commission’s pre-legislative scrutiny function, set out in sections 22 and 97 of the Social Security (Scotland) Act 2018.1Social Security (Scotland) Act 2018 (legislation.gov.uk) Section 97 states that the Commission must report on draft Regulations proposed to be made under any section in Chapter 2 of Part 2 or Section 79 of the Act.2Other than in relation to regulations made only for the purpose of the consolidation of earlier regulations (section 97(11)). The draft Regulations are made under powers conferred by sections within this part and chapter.

This report provides commentary in connection with human rights and the social security principles set out in Section 1 of the Social Security (Scotland) Act 2018,3Social Security (Scotland) Act 2018 (www.legislation.gov.uk) as operationalised via Our Charter.4Social Security Scotland – Our Charter

The Cabinet Secretary for Social Justice referred the draft regulations to us5Draft The Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulation 2025, along with the Policy Note,6Draft Policy Note – The Carer’s Assistance (Young Carer Grant and Carer Support Payment) (Miscellaneous Amendment and Saving Provision) (Scotland) Regulation 2025 on 28 November 2025. We were given a deadline for reporting of 28 February 2025.

To understand the views of stakeholders in relation to the draft regulations, we hosted a stakeholder event on 20 January with input from carers organisations. Their feedback is represented throughout our response and we would like to publicly recognise the stakeholders’ contributions as invaluable to informing our position on the draft regulations. We are grateful for the efforts made by officials to keep us appraised of developments.

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