The Two Child Limit Payment (Scotland) Regulations 2026: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the draft Two Child Limit Payment (Scotland) Regulations 2026
Contents
- Document Cover
- 1. Introduction
- 2. Approach – Use of top-up powers and take-up
- 3. Exceptions vs. Two Child Limit Payment
- 4. Backdating
- 5. Technical issues
- 6. Future policy development
- 7. Approach to scrutiny
- Recommendations and observations
- Annex A: The Scottish social security principles
- Annex B: Scrutiny timeline
Recommendations and observations
Recommendation 1: To meet the policy intent of mitigating the two-child limit, the Scottish Government should consider what policy instruments would best deliver comprehensive mitigation to all groups currently affected by the two-child limit, including those who are currently ineligible.
Recommendation 2: Social Security Scotland should consider adding Two Child Limit Payment to the joint application form for the five family payments.
Recommendation 3: The Scottish Government should conduct detailed research to identify eligible individuals who have not applied, in order to develop an evidence-based take-up strategy that addresses any claimant gaps.
Recommendation 4: Social Security Scotland should ensure all staff take a trauma-informed approach when working with individuals who are considering applying for either an exception under Universal Credit rules or the Two Child Limit Payment.
Recommendation 5: The Scottish Government should research the impact of not allowing backdating of the Two Child Limit Payment to understand who is missing out, and by how much.
Recommendation 6: The Scottish Government should consider redrafting Paragraph 8 of Schedule 1 to better match the policy intent.
Recommendation 7: The Scottish Government should consider redrafting regulation 17 to clarify intent.