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

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 ( 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 ( along with the draft Section 86A report4Draft S86A Report 2024-25 ( and draft Multi Criteria Decision Analysis report,5Multi Criteria Decision Analysis of Approach to Up-rating Devolved Social Security Assistance January 2024 ( 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.

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