2024 No. 105
The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024
Made
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13(1) of the Social Security Act 19881, section 70(8) of the Social Security Contributions and Benefits Act 19922, sections 28(2), 30(2), 31(2), 32(2), 34(2), 79(1) and 95 of the Social Security (Scotland) Act 20183 and all other powers enabling them to do so.
In accordance with section 13(2) of the Social Security Act 1988, they have consulted with the Welsh Ministers4.
In accordance with section 97(2) of the Social Security (Scotland) Act 2018, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
In accordance with section 96(2) of the Social Security (Scotland) Act 20185, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2024.
2
Subject to paragraphs (3) and (4), these Regulations come into force on 1 April 2024.
3
Regulation 7 comes into force on 7 April 2024.
4
Regulations 2, 3 and 8 come into force on 8 April 2024.
5
In these Regulations—
“the Adult Disability Payment Regulations” means the Disability Assistance for Working Age People (Scotland) Regulations 20226,
“the Adult Disability Payment Transitional Regulations” means the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 20227,
“the Best Start Foods Regulations” means the Welfare Foods (Best Start Foods) (Scotland) Regulations 20198,
“the Best Start Grants Regulations” means the Early Years Assistance (Best Start Grants) (Scotland) Regulations 20189,
“the Carer’s Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 197610,
“the Carer Support Payment Regulations” means the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 202311,
“the Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 202112,
“the Child Winter Heating Payment Regulations” means the Winter Heating Assistance for Children and Young People (Scotland) Regulations 202013,
“the Funeral Support Payment Regulations” means the Funeral Expense Assistance (Scotland) Regulations 201914,
“the Scottish Child Payment Regulations” means the Scottish Child Payment Regulations 202015,
“the Winter Heating Payment Regulations” means the Winter Heating Assistance (Low Income) (Scotland) Regulations 202316,
“the Young Carer Grants Regulations” means the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 201917.
Amendment of the Adult Disability Payment Regulations2
In regulation 34 (amount and form of Adult Disability Payment)18 of the Adult Disability Payment Regulations—
a
in paragraph (1)(a), for “£68.10” substitute “£72.65”
,
b
in paragraph (1)(b), for “£101.75” substitute “£108.55”
,
c
in paragraph (2)(a), for “£26.90” substitute “£28.70”
,
d
in paragraph (2)(b), for “£71.00” substitute “£75.75”
.
Amendment of the Adult Disability Payment Transitional Regulations3
In regulation 6(1) (amount and form and time of payment of Adult Disability Payment)19 of the Adult Disability Payment Transitional Regulations, for “£26.90” substitute “£28.70”
.
Amendment of the Best Start Foods Regulations4
In regulation 13(1) (value of benefit)20 of the Best Start Foods Regulations, for “£4.95” substitute “£5.30”
.
Amendment of the Best Start Grants Regulations5
1
The Best Start Grants Regulations are amended as follows.
2
In schedule 2 (pregnancy and baby grant)—
a
in paragraph 6(1) (basic amount)21—
i
in head (a), for “£707.25” substitute “£754.65”
,
ii
in head (b), for “£353.65” substitute “£377.35”
,
b
in paragraph 7(1) (multiple pregnancy supplement)22, for “£353.65” substitute “£377.35”
.
3
In paragraph 4 (value of grant) of schedule 3 (early learning grant)23, for “£294.70” substitute “£314.45”
.
4
In paragraph 5 (value of grant) of schedule 4 (school-age grant)24, for “£294.70” substitute “£314.45”
.
Amendment of the Carer’s Allowance Regulations6
In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed)25 of the Carer’s Allowance Regulations, for “£139”, in both places where it occurs, substitute “£151”
.
Amendment of the Carer Support Payment Regulations7
1
The Carer Support Payment Regulations are amended as follows.
2
In regulation 14(1) (earnings limit), for “£139” substitute “£151”
.
3
In regulation 16(1) (amount and form of Carer Support Payment), for “£76.75” substitute “£81.90”
.
Amendment of the Child Disability Payment Regulations8
In regulation 23 (amount and form of Child Disability Payment)26 of the Child Disability Payment Regulations—
a
in paragraph (1)(a), for “£101.75” substitute “£108.55”
,
b
in paragraph (1)(b), for “£68.10” substitute “£72.65”
,
c
in paragraph (1)(c), for “£26.90” substitute “£28.70”
,
d
in paragraph (2)(a), for “£71.00” substitute “£75.75”
,
e
in paragraph (2)(b), for “£26.90” substitute “£28.70”
.
Amendment of the Child Winter Heating Payment Regulations9
In regulation 10(1) (value and form of child winter heating assistance)27 of the Child Winter Heating Payment Regulations, for “£235.70” substitute “£251.50”
.
Amendment of the Funeral Support Payment Regulations10
In regulation 13 (amount of funeral expense assistance)28 of the Funeral Support Payment Regulations—
a
in paragraph (1)(b), for “£1,178.75 substitute “£1,257.75”,
b
in paragraph (4)(b), for “£23.75” substitute “£25.35”
,
c
in paragraph (6), for “£143.85” substitute “£153.50”
.
Amendment of the Scottish Child Payment Regulations11
In regulation 20(1) (value and form of a Scottish child payment)29 of the Scottish Child Payment Regulations, for “£25.00” substitute “£26.70”
.
Amendment of the Winter Heating Payment Regulations12
In regulation 9(1) (value and form of winter heating payment)30 of the Winter Heating Payment Regulations, for “£55.05” substitute “£58.75”
.
Amendment of the Young Carer Grants Regulations13
In regulation 12(1) (amount and form of young carer grants)31 of the Young Carer Grants Regulations, for “£359.65” substitute “£383.75”
.
Saving and transitional provisions14
The saving and transitional provisions in the schedule have effect.
SCHEDULESaving and transitional provisions
Adult Disability Payment Regulations1
1
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.
2
Despite regulation 2, regulation 34 of the Adult Disability Payment Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Adult Disability Payment Transitional Regulations2
1
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.
2
Despite regulation 3, regulation 6 of the Adult Disability Payment Transitional Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Best Start Foods Regulations3
1
This paragraph applies where an individual’s entitlement to benefit includes an award for the period on or after 3 April 2023 and before 1 April 2024.
2
Despite regulation 4, regulation 10 of the Best Start Foods Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date in respect of the period mention in sub-paragraph (1).
Best Start Grants Regulations4
1
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 5, paragraphs 6 and 7 of schedule 2 of the Best Start Grants Regulations continue to have effect on and after 1 April 2024 as they did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
3
Despite regulation 5, paragraph 4 of schedule 3 and paragraph 5 of schedule 4 of the Best Start Grants Regulations continue to have effect on and after 1 April 2024 as they did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled.
Carer Support Payment Regulations5
1
This paragraph applies where an individual’s application for assistance was made on or after 19 November 2023 and before 7 April 2024.
2
Despite regulation 7, regulations 14(1) and 16(1) of the Carer Support Payment Regulations continue to have effect on and after 7 April 2024 as they did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Child Disability Payment Regulations6
1
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 10 April 2023 and before 8 April 2024.
2
Despite regulation 8, regulation 23 of the Child Disability Payment Regulations continues to have effect on and after 8 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Child Winter Heating Payment Regulations7
1
This paragraph applies where an individual is entitled to be paid child winter heating assistance in respect of a qualifying week occurring on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 9, regulation 10 of the Child Winter Heating Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).
3
In this paragraph, “child winter heating assistance” and “qualifying week” have the meanings given in regulation 2 of the Child Winter Heating Payment Regulations.
Funeral Support Payment Regulations8
1
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 10, regulation 13 of the Funeral Support Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
Scottish Child Payment Regulations9
1
This paragraph applies where part of an individual’s determination of entitlement includes an award for the period on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 11, regulation 20(1) of the Scottish Child Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Winter Heating Payment Regulations10
1
This paragraph applies where an individual is entitled to be paid winter heating payment in respect of a qualifying week occurring on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 12, regulation 9 of the Winter Heating Payment Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).
3
In this paragraph, “winter heating payment” and “qualifying week” have the meanings given in regulation 2 of the Winter Heating Payment Regulations.
Young Carer Grants Regulations11
1
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2023 and before 1 April 2024.
2
Despite regulation 13, regulation 12 of the Young Carer Grants Regulations continues to have effect on and after 1 April 2024 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
(This note is not part of the Regulations)