Draft Scottish Child Payment Amendment Regulations 2021

Dear Dr Witcher

As you are aware from discussion with officials, I am writing to inform you that we intend to lay amending Regulations for the Scottish Child Payment. These Regulations will be short and technical in nature, and will clarify the Scottish Government’s policy and delivery intent on two issues which are nil awards and payment cycles. It is our intention is to lay in the Scottish Parliament on 26 November so that the legislation comes into force on 15 February, which is when the eligibility for the Scottish Child Payment will commence.

As per section 97 of the Social Security (Scotland) Act 2018, I have enclosed a draft copy of the amending Regulations for the Commission’s views. I am conscious that the timescales for the laying are tight and wanted to extend my sincere thanks to the Commission for the flexibility that you have shown in considering the Regulations in short timescales, given your already busy programme of work.

You will see that the amending Regulations cover two areas. With regard to nil (sometimes called zero) awards the amending Regulations will clarify the circumstances where such an award confers entitlement to the Scottish Child Payment. In line with our policy intent and our response to yourselves on 8 September, this means that people who have a nil award of a qualifying benefit as a result of sanctions will be eligible for the Scottish Child Payment. To ensure that we are consistent with other low income benefits being delivered by Social Security Scotland, we propose that this provision is extended beyond sanctions to clients that are in receipt of a nil award as a result of deductions for liabilities. The amending Regulations will also clarify that a person would not be eligible for the Scottish Child Payment if they received a nil award of a qualifying benefit for any reasons other than sanctions or deductions for liabilities.

The amending Regulations also set out that the date of payment for additional children that join an existing claim will be aligned with the client’s existing payment cycle. This aligns with the functionality for the Best Start Grant and Best Start Food payments, and is consistent with user feedback we have received from clients who value clarity and certainty in terms of their dates of payment.

Thank you once again for your consideration and I look forward to meeting with you soon where I would be happy to discuss further. My officials are ready to assist should the Commission have any questions on the draft legislation during your scrutiny process.

I have copied this letter to the Conveners of the Social Security and Delegated Powers and Law Reform Committees

Yours Sincerely,

SHIRLEY-ANNE SOMERVILLE