The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: scrutiny report

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. 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 2018,²Social Security (Scotland) Act 2018 (www.legislation.gov.uk) as operationalised via Our Charter.³Social Security Scotland – Our Charter

The Cabinet Secretary for Social Justice referred the draft regulations to us,⁴Referral – The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025 along with a Policy Note,⁵Policy Note –  The Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025 on 3 January 2025. We were given a deadline for reporting of 28 March 2025.

An amendment to the regulations was referred to us on 7 February 2025 making changes to existing legislation around the date on which entitlement to assistance can be ended.⁶Draft Social Security (Cross-border Provision, Case Transfer and Miscellaneous Amendment) (Scotland) Regulations 2025: update from the Scottish Government

We are grateful for the efforts made by officials to keep us appraised of developments.