The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024: 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 2018¹Social 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, as operationalised via Our Charter.³Social Security Scotland – Our Charter

The Cabinet Secretary for Social Justice referred the draft regulations to SCoSS,⁴Letter from Cabinet Secretary for Social Justice (socialsecuritycommission.scot) along with the Policy Note,⁵Policy Note (socialsecuritycommission.scot) on 29 April 2024. We were given a deadline for reporting of 22 July 2024.

Given the Scottish Government’s research⁶Social Security Experience Panels: Pension Age Winter Heating Payment (www.gov.scot) & Social Security experience panels: cold spell and winter fuel payment – report (www.gov.scot) and engagement of stakeholders on Pension Age Winter Heating Payment, including its recent public consultation⁷https://www.gov.scot/publications/pension-age-winter-heating-payment-pawhp-consultation-response/ SCoSS has not undertaken its own stakeholder engagement activity on the draft regulations, but instead has considered the consultation responses within its scrutiny.

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