The Social Security (Up-rating) (Miscellaneous Amendments) (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.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 SCoSS,⁵https://socialsecuritycommission.scot/current-work/the-social-security-up-rating-miscellaneous-amendments-scotland-regulations-2025/referral-the-social-security-up-rating-miscellaneous-amendments-scotland-regulations-2025/ along with the section 86A report⁶https://socialsecuritycommission.scot/wp-content/uploads/2024/12/Draft-Report-Devolved-Social-Security-Assistance-Up-rating-for-Inflation-in-2025-26.pdf and Policy Note,⁷Policy-Note-The-Social-Security-Up-rating-Miscellaneous-Amendments-Scotland-Regulations-2025.pdf on 16 December 2024. We were given a deadline for reporting of 17 January 2025.  Given the interdependencies between up-rating, the Scottish Budget, the Westminster budget, and the need to introduce changes by the start of the financial year, there is little flexibility possible in timescales for reporting and limited scope to consult stakeholders, should it be felt helpful.

The speed with which these regulations were required to be considered by SCoSS, as a result of the Scottish Government budget process, had direct implications for our approach to scrutiny. SCoSS was unable to conduct stakeholder engagement in relation to up-rating due to the short timeframe available for scrutiny. We are grateful for the efforts made by officials to keep us appraised of developments.