The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) 2024 Regulations: scrutiny report
The Scottish Commission on Social Security's scrutiny report on the Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) 2024 Regulations
Contents
- Document Cover
- Summary of recommendations and observations
- Executive summary
- 1. Introduction
- 2. Up-rating Scottish social security for 2024/25
- 3. Earning thresholds
- 4. Evaluation of potential methods of up-rating
- 5. Approach to scrutiny
- Annex A: About the Scottish Commission on Social Security
- Annex B: Overview – powers and constraints
- Annex C: Scrutiny timeline
5. Approach to scrutiny
In keeping with our role to scrutinise social security regulations, 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 2018,1Social Security (Scotland) Act 2018 (www.legislation.gov.uk) as operationalised via Our Charter.2Social Security Scotland – Our Charter
The Cabinet Secretary for Social Justice referred the draft Regulations to SCoSS,3The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024 (socialsecuritycommission.scot) along with the draft Section 86A report4Draft S86A Report 2024-25 (socialsecuritycommission.scot) and draft Multi Criteria Decision Analysis report,5Multi Criteria Decision Analysis of Approach to Up-rating Devolved Social Security Assistance January 2024 (socialsecuritycommission.scot) on 9 January 2024. We were given a deadline for reporting of 19 January 2024. Given the interdependencies between up-rating, the Scottish Budget, the Westminster budget, and the need to introduce changes by the start of the financial year, there is little flexibility possible in timescales for reporting and limited scope to consult stakeholders, should it be felt helpful.
The speed with which these regulations were required to be considered by SCoSS, as a result of the Scottish Government budget process, had direct implications for our approach to scrutiny. SCoSS was unable to conduct stakeholder engagement in relation to up-rating due to the short timeframe available for scrutiny. We are grateful for the efforts made by officials to keep us appraised of developments.