Referral of regulations from the Cabinet Secretary for Social Justice

Judith Paterson and Dr Mark Simpson
Scottish Commission on Social Security
c/o Secretariat
Victoria Quay
The Shore
Edinburgh
EH6 6QQ

By email to: info@socialsecuritycommission.scot

09 January 2024

Dear Judith and Mark

I am pleased to submit a draft of ‘The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024’ to the Scottish Commission on Social Security for consideration as part of the affirmative procedure outlined in section 97 of the Social Security (Scotland) Act 2018. I also attach ‘Devolved Social Security Assistance: Up-rating for Inflation: A report in fulfilment of section 86A: Duty to consider effects of inflation’ which explains the Scottish Government’s approach to up-rating for the financial year 2024-25. As part of our commitment to review up-rating methodology, I have also attached ‘Multi Criteria Decision Analysis of Approach to Up-rating Devolved Social Security Assistance: January 2024’. This analysis assessed a range of inflation metrics and periods and determined that the annual September CPI rate remains the most appropriate metric to up-rate social security assistance.

The regulations increase the amounts of benefits which must be up-rated under section 86B of the 2018 Act and other benefits under the 2018 Act which Ministers have decided to up-rate. Accordingly, the regulations increase the amounts of Child Disability Payment, Adult Disability Payment (including the transitional rate), Funeral Support Payment, Carer Support Payment, Young Carer Grant, Child Winter Heating Payment, Winter Heating Payment, Best Start Grants and Best Start Foods by the rate of inflation in the 12 months to September 2023 (6.7%). Regulations are not required to give effect to up-rating of Job Start Payment and Carer’s Allowance Supplement.

The regulations also make amendments to the Social Security (Invalid Care Allowance) Regulations 1976. These amendments make changes to earnings limits used to determine entitlement to Carer’s Allowance and Carer Support Payment. Both changes increase the earnings limits for the respective payments.

I understand that you will be having discussions with my officials regarding the content of the draft regulations, and I have asked them to agree an appropriate timescale for this work with you.

I have asked my officials to send a copy of this letter to the Convener of the Social Security Committee in order to notify them that our proposals have been submitted to the Commission for consideration.

I look forward to receiving your report in due course.

Yours sincerely

SHIRLEY-ANNE SOMERVILLE