Draft Regulations laid before the Scottish Parliament under section 96(2) of the Social Security (Scotland) Act 2018 for approval by resolution of the Scottish Parliament.
2022 No.
The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2022
Made
Coming into force in accordance with regulation 1(2) and (3)
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 28(2), 30(2), 31(2), 34(2), 79 and 95 of the Social Security (Scotland) Act 20181 and section 13 of the Social Security Act 19882 and all other powers enabling them to do so.
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 13(2) of the Social Security Act 1988, they have consulted with the Welsh Ministers3.
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—
“the Adult Disability Payment Regulations” means the Disability Assistance for Working Age People (Scotland) Regulations 20224,
“the Best Start Foods Regulations” means the Welfare Foods (Best Start Foods) (Scotland) Regulations 20195,
“the Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 20216,
“the Child Winter Heating Assistance Regulations” means the Winter Heating Assistance for Children and Young People (Scotland) Regulations 20207,
“the Funeral Expense Assistance Regulations” means the Funeral Expense Assistance (Scotland) Regulations 20198,
“the Scottish Child Payment Regulations” means the Scottish Child Payment Regulations 20209, and
“the Young Carer Grants Regulations” means the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 201910.
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
In regulation 10(1)11 (kinds of assistance)—
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
In regulation 1313 (amount of funeral expense assistance)—
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.
SCHEDULESaving Provisions
Adult Disability Payment Regulations1
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 Regulations2
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 Regulations3
1
Where sub-paragraph (2) applies to an individual, regulation 10(1) of the Child Winter Heating Regulations15 has effect on and after 1 April 2022 in relation to the amount of assistance to be given to that individual as it did during the qualifying week in respect of which the individual is entitled to be paid child winter heating assistance.
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 Regulations4
1
Where sub-paragraph (2) applies to an individual, regulation 13(1)(b), (4)(b) and (6) of the Funeral Expense Assistance Regulations16 continue to have effect on and after 1 April 2022 in relation to the amount of assistance to be given to that individual as they did immediately before that date.
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 Regulations5
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 Regulations6
1
Where sub-paragraph (2) applies to an individual, regulation 12(1) of the Young Carer Grants Regulations17 continues to have effect on and after 1 April 2022 in relation to the amount of assistance to be given to that individual as it did immediately before that date.
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.
(This note is not part of the Regulations)