Referral of the draft Carer’s Allowance Supplement (Qualifying Persons) and Young Carer Grant Amendment (Scotland) Regulations 2020 to SCoSS for scrutiny

Dear Dr Witcher,

As you are aware, European Union (EU) rules on social security coordination require that certain devolved benefits are ‘exportable’ from Scotland, in that they should in certain circumstances be paid to people who are living outside of Scotland but in the European Economic Area (EEA) or Switzerland.

Under these rules the EU Administrative Commission for the Coordination of Social Security Systems considers any new benefits created and provides a view on the ‘exportability’ of these benefits. In considering the new devolved benefits currently available, the Administrative Commission has taken the view that both Carer’s Allowance Supplement and Young Carer Grant should be ‘exportable’.

To ensure both forms of support are fully ‘exportable’ in line with the EU rules we are now expanding the residency criteria to allow carers living outside of Scotland in the EEA and Switzerland, to receive these forms of support in certain circumstances. To do this we will be bringing forward regulations, and I am pleased to provide a copy of these – the draft Carer’s Allowance Supplement (Qualifying Individuals) and Young Carer Grant Amendment (Scotland) Regulations – to SCoSS for formal scrutiny as required by section 97 of the Social Security (Scotland) Act 2018.

In addition to setting out the circumstances in which eligible carers may be able to receive either Carer’s Allowance Supplement or Young Carer Grant outside of Scotland, the regulations will also provide for a determination, re-determination and appeals processes for Carer’s Allowance Supplement payments to be made outside Scotland, as these are not currently required for payments made in Scotland.

The regulations also provide for applications for both benefits to be backdated to their respective launch dates, where eligible carers may have missed payments before these provisions come into force.

The timetable for these regulations has been impacted by the effects of the coronavirus pandemic on the overall social security programme, as well as the uncertainty around the implications of EU exit for social security coordination. As such I appreciate your agreement to consider these draft regulations in a reduced timescale.

I would ask that SCoSS provide their scrutiny report on these regulations by 18 September to ensure that any recommendations provided can be considered before the regulations are laid at the end of the October recess.

As ever, I am grateful for your ongoing work to ensure that devolved social security delivers a system that meets the needs of the people of Scotland.

Yours sincerely,

SHIRLEY-ANNE SOMERVILLE