The Scottish Government's response to SCoSS's scrutiny of the Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025
Ed Pybus
Scottish Commission on Social Security
c/o Secretariat
Area 1C South
Victoria Quay
Edinburgh
EH6 6QQ
By email: info@socialsecuritycommission.scot
30 April 2025
Dear Ed,
The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025
Thank you for your scrutiny report of 5 February on the draft Social Security (Best Start Grants, Best Start Foods, Funeral Support Payment, Scottish Child Payment, Information-sharing, Winter Heating Payment and Pension Age Winter Heating Payment) (Miscellaneous Amendment) (Scotland) Regulations 2025. I would like to extend my sincere thanks to the Commission for looking at the amending regulations, and for working collaboratively with my officials as questions arose. It is worth noting here that the name of the draft regulations has now changed to The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025, due to further additions to the legislation. They do not require further scrutiny, but more information is given in the attached Scottish Government response.
I welcome your observation that these regulations represent good legislative housekeeping by removing obsolete references in existing regulations, and your comments regarding wider Scottish Government actions to promote Universal Credit as the route to eligibility for the Five Family Payments and other Scottish Government benefits.
I am attaching a copy of the Scottish Government’s response to the SCoSS recommendation which I am also sending to the Convenor of the Social Justice and Social Security Committee. I can confirm that it is my intention to lay the amendment regulations on 30 April.
Thank you again for your continued support.
Yours sincerely,
SHIRLEY-ANNE SOMERVILLE
Scottish Government Response to SCoSS recommendation (5 February 2025)
| Recommendation | Accept/Partially Accept/Reject | Response |
|---|---|---|
| 1. We recommend that the Scottish Government identifies more ways to offer holistic information to people about financial support, including benefits like Universal Credit that people need to claim to access Scottish benefits | Partially accept | As you are aware, Universal Credit is fully reserved to the UK Government. This includes actions related to its promotion and take-up. However, the Scottish Government does recognise that we have a role to play, given Universal Credit’s increasing relevance to establishing eligibility for Scottish Government benefits. This is why the Scottish Government currently invests over £12 million to support the delivery of debt, welfare and income maximisation advice services in 2024-25, including support for a range of organisations such as Citizens Advice Scotland, CPAG, One Parent Families Scotland and Advice Direct Scotland. This channels our support to the organisations who are best placed to offer personally tailored expert advice for individual clients, to ensure that Scottish households are supported to access the benefits they are entitled to, challenge benefit decisions and maximise their incomes. This is also why our award letters for disability benefits, for example, signpost clients to benefit calculators and advice agencies such as Citizens Advice Scotland to encourage them to explore all other available benefits, both reserved and devolved. Social Security Scotland uses its communications channels to raise awareness of reserved benefits, specifically where they are qualifying benefit for a devolved payment. Through discussion with clients, operational staff – including those in local delivery - will signpost clients to other benefits and wider support that they may be entitled to, including DWP benefits. However, it is important that all of this is done in a way that makes it clear that responsibility for delivering these benefits sits with the DWP as this could otherwise create confusion amongst eligible people and the stakeholders that support them, causing unnecessary delays and operational pressures. |
Additional changes to the draft regulations
| Further change | Notes |
|---|---|
| The name of the draft SSI has changed to: The Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 | This reflects the fact that the SSI now contains further amendments related to information-sharing regulations and Pension Age Winter Heating Payment, which we advised SCoSS of on 17 January 2025. It also now contains further amendments to Scottish Child Payment, Carers Allowance Supplement and Young Carer's Grant - see further below. |
| Inclusion of further amendments to Scottish Child Payment Regulations 2020 and the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 | These amendments are in relation to appeals on Scottish Child Payment, and Carer’s Allowance Supplement where individuals are seeking to receive this support from outside of the UK. These amendments ensure that appeals processes are consistent across all benefits, by aligning with provisions in the Social Security (Scotland) Act 2018, as amended by the Social Security (Amendment)(Scotland) Act 2025. |
Scottish Government response
30 April 2025 | 1 page pdf | 95.89 KB Download Document
The Scottish Government's response to SCoSS regarding scrutiny of the Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025
Scottish Government response to SCoSS recommendations
30 April 2025 | 2 page pdf | 62.67 KB Download Document
Scottish Government response to SCoSS recommendations including additional changes to draft regulations