Social Security (Amendment) (Scotland) Act 2025

Part 1 S Types of social security assistance

Prospective

1 Childhood assistance S

(1) The Social Security (Scotland) Act 2018 (the “2018 Act”) is modified as follows.

(2) Section 32 and schedule 6 are repealed.

(3) After section 32 insert—

“32A Childhood assistance

(1) Childhood assistance is assistance (which may or may not take the form of money) given by the Scottish Ministers under section 24 to help towards meeting some of the costs associated with having a child in the family.

(2) The Scottish Ministers are to make regulations prescribing—

(a) the eligibility rules that are to be applied to determine whether an individual is entitled to childhood assistance, and

(b) what childhood assistance an individual who is entitled to it is to be given.

(3) Schedule 6A makes provision about the exercise of the power conferred by subsection (2).

(4) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (S.S.I. 2018/370) are to be treated for all purposes as if they were made by the Scottish Ministers under subsection (2).”.

(4) After schedule 6 insert—

“Schedule 6A S Childhood assistance regulations

(introduced by section 32A)

Part 1 S Eligibility

Chapter 1 S Eligibility is to depend on pregnancy or having responsibility for a child

1(1) The regulations must be framed so that an individual’s eligibility depends on the individual satisfying one of the primary eligibility criteria.

(2) But the regulations may make provision about giving childhood assistance for a specified period or specified number of occasions, and in specified circumstances, to an individual who previously satisfied one of the primary eligibility criteria but no longer does so.

(3) The primary eligibility criteria are that the individual—

(a) is, or has been, pregnant,

(b) has a relationship of a specified kind to another individual who is, or has been, pregnant,

(c) is to, or has, become responsible for a child,

(d) has a relationship of a specified kind to another individual who is to, or has, become responsible for a child.

(4) The regulations may make an individual’s eligibility depend on the individual—

(a) being, or having been, more than a specified number of weeks pregnant, or

(b) having, or having had, a relationship of a specified kind to another individual who is, or has been, a specified number of weeks pregnant.

(5) The regulations are to define what being responsible for a child means for the purpose of determining entitlement to childhood assistance.

(6) The regulations may make provision about giving childhood assistance to someone who meets one of the primary eligibility criteria within a specified period of a specified event occurring in a child’s life.

Chapter 2 S Further criteria

Limit to number of people entitled

2 The regulations may provide that an individual is not eligible, despite satisfying one of the primary eligibility criteria, on account of that criterion being satisfied in respect of the same child, or the same pregnancy, by someone else.

Residence and presence

3 The regulations may make an individual’s eligibility depend on the individual being resident and present in a particular place.

Financial circumstances

4 The regulations may make an individual’s eligibility depend on the individual’s financial circumstances.

Receipt of, or eligibility for, other types of State assistance

5 The regulations may make an individual’s eligibility depend on the individual—

(a) being, or not being, in receipt of another type of assistance (whether under this Act or another enactment),

(b) being, or not being, eligible or entitled to receive such assistance.

Application within specified period

6 The regulations may provide that an individual ceases to be eligible on account of satisfying one of the primary eligibility criteria unless, by a deadline specified in the regulations—

(a) the individual has applied for childhood assistance, or

(b) the Scottish Ministers have become required to make a determination of the individual’s entitlement to childhood assistance by regulations under section 52.

7 If the regulations include provision of the kind mentioned in paragraph 6(a), they may make provision about the circumstances in which an application made after the deadline specified in the regulations may be treated as if it had been made by that deadline.

Part 2 S Assistance to be given

Meeting liabilities

8 Where childhood assistance is given to an individual on the basis that the individual has ongoing entitlement to it, the regulations may provide for the assistance to be given (in whole or in part) by way of—

(a) payment to another person in order to meet, or contribute towards meeting, any liability the individual has to that person,

(b) deduction from any liability the individual has to the Scottish Ministers under—

(i) section 63, or

(ii) provision corresponding to section 63 made by regulations under section 79.

Restriction on giving assistance in a form other than money

9 (1) The regulations may allow childhood assistance to be given to an individual in a form other than money only if the individual (or a person acting on the individual's behalf) has agreed to the assistance being given in that form.

(2) If the regulations include provision of the kind mentioned in sub-paragraph (1), they must allow an individual (or a person acting on the individual’s behalf) to withdraw agreement to being given childhood assistance in a form other than money at any time.

(3) Sub-paragraph (4) applies where childhood assistance is given to an individual on the basis that the individual has ongoing entitlement to it.

(4) The regulations may provide for the assistance to be given (in whole or in part) by way of deduction, at a reasonable level, from any liability the individual has to the Scottish Ministers under section 63, or provision corresponding to section 63 made by regulations under section 79, if the individual has unreasonably refused to agree to the assistance being given in that form.

(5) For the purpose of sub-paragraph (4), “reasonable level” means a level that is reasonable having regard to the financial circumstances of the individual.

Part 3 S Final provisions

Generality of enabling power unaffected

10 Nothing in this schedule, apart from the following provisions, is to be taken to limit what may be prescribed in the regulations—

(a) Chapter 1 of Part 1,

(b) Part 2.

Interpretation

11 In this schedule—

• “eligibility” means eligibility for childhood assistance and “eligible” means eligible for childhood assistance,

• “the regulations” means regulations under section 32A(2),

• “specified” means specified in the regulations.”.

Commencement Information

I1 S. 1 not in force at Royal Assent, see s. 27(2)

2 Care experience assistance S

(1) The 2018 Act is modified as follows.

(2) After section 93 insert—

“Part 5A S Care experience assistance

93A Scheme to provide care experience assistance

(1) The Scottish Ministers may by regulations establish one or more schemes to give financial assistance to individuals who have had experience of being in the care system.

(2) In this Act, assistance given by virtue of subsection (1) is known as “care experience assistance”.

(3) The power conferred by subsection (1) includes the power to make provision about—

(a) who is to give the assistance,

(b) determining entitlement to the assistance (including specifying further eligibility rules that are to be used to determine whether an individual is entitled to the assistance),

(c) the amount of assistance,

(d) applications for assistance,

(e) the making of payments to entitled individuals or their representatives,

(f) obtaining information,

(g) reviews, re-determinations and appeals,

(h) the recovery of assistance given in error,

(i) offences,

(j) applying the provisions of this Act to schemes established by virtue of subsection (1) subject to such modifications as the Scottish Ministers consider appropriate.

(4) The maximum penalty that may be provided for in care experience assistance regulations in respect of an offence under those regulations is—

(a) on summary conviction—

(i) imprisonment for a term not exceeding 12 months,

(ii) a fine not exceeding the statutory maximum, or

(iii) both,

(b) on conviction on indictment—

(i) imprisonment for a term not exceeding 5 years,

(ii) a fine, or

(iii) both.

(5) Sections 71 to 73 (which establish offences) apply in connection with care experience assistance as they apply in connection with assistance given under section 24.

(6) But subsection (5) is subject to any contrary provision in the care experience assistance regulations.

(7) Where they apply by virtue of subsection (5), sections 71 to 73 apply subject to the following modifications—

(a) a reference to assistance is to be read as a reference to care experience assistance,

(b) a reference to giving notice in accordance with section 56 is to be read as a reference to giving notice in accordance with the care experience assistance regulations,

(c) sections 72(3) and 73(3) do not apply unless, in accordance with the care experience assistance regulations, the Scottish Ministers have informed the person in question about the way in which notification of a change of circumstances is to be given.

(8) For the avoidance of doubt, the reference in section 74 to an offence under this Act or any regulations made under it includes—

(a) an offence under any of sections 71 to 73 as applied by virtue of subsection (5),

(b) an offence under the care experience assistance regulations.

(9) The Scottish Ministers—

(a) may give directions in relation to the giving of assistance under schemes established by virtue of subsection (1) to the persons responsible for giving it (which those persons must comply with), and

(b) must make publicly available any directions they give under paragraph (a).

(10) Before laying a draft of a Scottish statutory instrument containing care experience assistance regulations before the Scottish Parliament for approval by resolution, the Scottish Ministers must consult—

(a) such persons as they consider representative of individuals who have had experience of being in the care system, and

(b) such other persons as they consider appropriate.

(11) For the purpose of subsection (10), it is immaterial that anything done by way of consultation was done before section 2(2) of the Social Security (Amendment) (Scotland) Act 2025 comes into force.

(12) In this section, “care experience assistance regulations” means regulations under subsection (1).”.

Commencement Information

I2 S. 2 not in force at Royal Assent, see s. 27(2)

I3 S. 2 in force at 10.5.2025 by S.S.I. 2025/119, reg. 2, sch.