The Two Child Limit Payment (Scotland) Regulations 2026: scrutiny report

Determination following a change to a Universal Credit award

Paragraph 8 of Schedule 1 makes provision for the determination of entitlement if an individual makes a claim for a Two Child Limit Payment and this is refused. If Universal Credit is later backdated to before the date that the Two Child Limit Payment claim is made, Scottish Ministers can make a new determination that the individual is entitled to a Two Child Limit Payment from the date they claimed. Scottish Government officials have confirmed that this provision would also apply if there is a backdated decision by the DWP to include an additional child in a Universal Credit claim, even if this child is subject to the two-child limit. This is welcome, but we are concerned that the way paragraph 8 is currently drafted means that the legislation may not match this policy intent.

Recommendation 6: The Scottish Government should consider redrafting Paragraph 8 of Schedule 1 to better match the policy intent.

End of entitlement

Regulation 17(2)(a)(iii) ends an individual’s award to a Two Child Limit Payment if the claimant receives the Universal Credit child element for that child. If the child element is backdated, it is not clear from the regulation if the award stops when payment of the backdated Universal Credit child element is received or the date when the child element is included in the Universal Credit claim

Recommendation 7: The Scottish Government should consider redrafting regulation 17 to clarify intent.