The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2022
In accordance with section 97(2) of that Act, 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.
They have laid a response to the Commission’s report on the proposals for the regulations before the Scottish Parliament in accordance with section 97(9)(a) of that Act.
In accordance with section 96(2) of the Social Security (Scotland) Act 2018, 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 Amendment) (Scotland) Regulations 2022.
(2)
Subject to paragraph (3), these Regulations come into force on 1 April 2022.
(3)
Regulations 2 and 4 come into force on 11 April 2022.
(4)
In these Regulations—
Amendment of the Adult Disability Payment Regulations2.
(1)
The Adult Disability Payment Regulations are amended as follows.
(2)
In regulation 34 (amount and form of Adult Disability Payment)—
(a)
in paragraph (1)(a), for “£60.00” substitute “£61.85”
,
(b)
in paragraph (1)(b), for “£89.60” substitute “£92.40”
,
(c)
in paragraph (2)(a), for “£23.70” substitute “£24.45”
, in paragraph (2)(b), for “£62.55” substitute “£64.50”
.
Amendment of the Best Start Foods Regulations3.
(1)
The Best Start Foods Regulations are amended as follows.
(2)
(a)
in sub-paragraph (a), for “£16,480” substitute “£17,005”
,
(b)
in sub-paragraph (b)(i), for “£7,500” substitute “£7,920”
,
(c)
in sub-paragraph (c), for “£317” substitute “£328”
,
(d)
in sub-paragraph (h), in each place where it occurs for “£625” substitute “£660”
.
Amendment of the Child Disability Payment Regulations4.
(1)
The Child Disability Payment Regulations are amended as follows.
(2)
In regulation 23 (amount and form of Child Disability Payment)—
(a)
in paragraph (1)(a), for “£89.60” substitute “£92.40”
,
(b)
in paragraph (1)(b), for “£60.00” substitute “£61.85”
,
(c)
in paragraph (1)(c), for “£23.70” substitute “£24.45”
,
(d)
in paragraph (2)(a), for “£62.55” substitute “£64.50”
, in paragraph (2)(b), for “£23.70” substitute “£24.45”
.
Amendment of the Child Winter Heating Assistance Regulations5.
(1)
The Child Winter Heating Assistance Regulations are amended as follows.
(2)
In regulation 10(1)12 (value of child winter heating assistance), for “£202” substitute “£212.10”
.
Amendment of the Funeral Expense Assistance Regulations6.
(1)
The Funeral Expense Assistance Regulations are amended as follows.
(2)
(a)
in paragraph (1)(b), for “£1010” substitute “£1,041.30”
,
(b)
in paragraph (4)(b), for “£20.55” substitute “£21.20”
,
(c)
in paragraph (6), for “£123.25” substitute “£127.05”
.
Amendment of the Scottish Child Payment Regulations7.
(1)
The Scottish Child Payment Regulations are amended as follows.
(2)
In regulation 20(1) (value and form of a Scottish child payment), for “£10” substitute “£20”
.
Amendment of the Young Carer Grants Regulations8.
(1)
The Young Carer Grants Regulations are amended as follows.
(2)
In regulation 12(1)14 (amount and form of young carer grants), for “£308.15” substitute “£317.70”
.
Saving Provisions9.
The schedule has effect.
St Andrew’s House,
Edinburgh
SCHEDULESaving Provisions
Adult Disability Payment Regulations
1.
(1)
Where sub-paragraph (2) applies to an individual, regulation 34(1)(a), (1)(b), (2)(a) and (2)(b) of the Adult Disability Payment Regulations continue to have effect on and after 11 April 2022 in relation to the amount of assistance to be given to that individual described in sub-paragraph (2) as it did immediately before that date.
(2)
This sub-paragraph applies where part of an individual’s determination of entitlement includes an award for the period on or after 21 March 2022 and before the 11 April 2022.
Child Disability Payment Regulations
2.
(1)
Where sub-paragraph (2) applies to an individual, regulation 23(1)(a), (1)(b), (1)(c), (2)(a) and (2)(b) of the Child Disability Payment Regulations continue to have effect on and after 11 April 2022 in relation to the amount of assistance to be given to that individual described in sub-paragraph (2) as it did immediately before that date.
(2)
This sub-paragraph applies where part of an individual’s determination of entitlement includes an award for the period on or after 26 July 2021 and before the 11 April 2022.
Child Winter Heating Assistance Regulations
3.
(1)
(2)
This sub-paragraph applies where the individual is entitled to be paid child winter heating assistance in respect of a qualifying week occurring before these Regulations first came into force.
(3)
In this paragraph, “child winter heating assistance” and “qualifying week” have the meanings given in regulation 2 of the Child Winter Heating Regulations.
Funeral Expense Assistance Regulations
4.
(1)
(2)
This sub-paragraph applies where the individual’s application for assistance under the Funeral Expense Assistance Regulations was made before 1 April 2022.
(3)
In this paragraph, reference to the individual’s application being made is to be construed in accordance with regulation 3 (applications) of the Funeral Expense Assistance Regulations.
Scottish Child Payment Regulations
5.
(1)
Where sub-paragraph (2) applies to an individual, regulation 20(1) of the Scottish Child Payment Regulations continues to have effect on and after 1 April 2022 in relation to the amount of assistance to be given to that individual described in sub-paragraph (2) as it did immediately before that date.
(2)
This sub-paragraph applies where part of an individual’s determination of entitlement includes an award for the period on or after 9 November 2020 and before 1 April 2022.
Young Carer Grants Regulations
6.
(1)
(2)
This sub-paragraph applies where the individual’s application for assistance under the Young Carer Grants Regulations was made before 1 April 2022.
(3)
In this paragraph, reference to the individual’s application being made is to be construed in accordance with regulation 4 (making of applications) of the Young Carer Grants Regulations.
These Regulations provide for an increase in various values of forms of assistance payable by virtue of regulations made under the Social Security (Scotland) Act 2018 and make other amendments to the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019. The Regulations come into force on 1 April 2022, with the exception of regulations 2 and 4, which come into force on 11 April 2022.
Regulation 2 increases the value of Adult Disability Payment payable under the Disability Assistance for Working Age People (Scotland) Regulations 2022. Paragraph 1 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.
Regulation 3 increases the thresholds below which qualifying forms of assistance allow relevant persons to qualify for the Best Start Foods scheme under the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.
Regulation 4 increases the value of Child Disability Payment payable under the Disability Assistance for Children and Young People (Scotland) Regulations 2021. Paragraph 2 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.
Regulation 5 increases the amount of child winter heating assistance payable under the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020. Paragraph 3 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.
Regulation 6 increases the amounts of funeral expense assistance payable under the Funeral Expense Assistance (Scotland) Regulations 2019. Paragraph 4 of the schedule makes saving provision so that the previous values of this assistance are still payable in certain circumstances.
Regulation 7 increases the value of Scottish Child Payment payable under the Scottish Child Payment Regulations 2020. Paragraph 5 of the schedule makes saving provision so that the previous value of this assistance is still payable in certain circumstances.
Regulation 8 increases the value of Young Carer Grant payable under the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019. Paragraph 6 of the schedule makes saving provision so that the previous value of this grant is still payable in certain circumstances.
Regulation 9 gives effect to the schedule.