The Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021
In accordance with section 96(2) of the Social Security (Scotland) 2018 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
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 the Ministers consider appropriate.
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Up-rating) (Miscellaneous Amendment) (Scotland) Regulations 2021 and come into force on 1 April 2021.
(2)
In these Regulations—
Amendment of the Best Start Grant Regulations2.
(1)
The Best Start Grant Regulations are amended as follows.
(2)
In schedule 2—
(a)
in paragraph 6(1) (value of pregnancy and baby payment grant)—
(i)
in head (a), for “£600” substitute “£606”, and
(ii)
in head (b), for “£300” substitute “£303”, and
(b)
in paragraph 7(1) (value of multiple pregnancy supplement), for “£300” substitute “£303”.
(3)
(4)
Amendment of the Young Carer Grants Regulations3.
(1)
The Young Carer Grants Regulations are amended as follows.
(2)
(3)
Amendment of the Funeral Expense Assistance Regulations4.
(1)
The Funeral Expense Assistance Regulations are amended as follows.
(2)
In regulation 9 (residence conditions, place of funeral and status), omit paragraph (4).
(3)
(a)
in paragraph (1)(b), for “£1000” substitute “£1010”,
(b)
in paragraph (4)(b), for “£20.35” substitute “£20.55”, and
(c)
in paragraph (6), for “£122.05” substitute “£123.25”.
Amendment of the Child Winter Heating Assistance Regulations5.
(1)
The Child Winter Heating Assistance Regulations are amended as follows.
(2)
In regulation 4(1)(c)(ii) (eligibility rules for child winter heating assistance), after “habitually resident in” insert “Switzerland or”.
(3)
In regulation 10(1) (value of child winter heating assistance), for “£200” substitute “£202”.
(4)
In the schedule, omit “Swiss Confederation”.
Amendment of the Dependency Regulations6.
(a)
in paragraph 2—
(i)
after “child or children” insert “or a qualifying young person or persons”,
(ii)
after “that child” insert “or qualifying young person”, and
(iii)
after “those children” insert “or qualifying young persons”,
(b)
(c)
in paragraph 3—
(i)
in sub-paragraph (a), before “living” insert “or qualifying young person”, and
(ii)
in sub-paragraph (b), after “child” insert “or qualifying young person”, and
(d)
in paragraph 5, after “children”, in each place where it occurs, insert “or qualifying young persons”.
Saving Provisions7.
The Schedule has effect.
St Andrew’s House,
Edinburgh
SCHEDULESaving Provisions
Best Start Grant Regulations
1.
(1)
Where sub-paragraph (2) applies to an individual—
(a)
paragraph 6(1)(a) and (b) of schedule 2,
(b)
paragraph 7(1) of schedule 2,
(c)
(d)
(2)
This sub-paragraph applies where the individual’s application for assistance under the Best Start Grant Regulations was made before 1 April 2021.
(3)
Young Carer Grants Regulations
2.
(1)
(2)
This sub-paragraph applies where the individual’s application for assistance under the Young Carer Grants Regulations was made before 1 April 2021.
(3)
Funeral Expense Assistance Regulations
3.
(1)
(2)
This sub-paragraph applies where the individual’s application for assistance under the Funeral Expense Assistance Regulations was made before 1 April 2021.
(3)
In this paragraph, reference to the individual’s application being made is to be construed in accordance with regulation 3(6) (applications) of the Funeral Expense Assistance 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 minor amendments. The Regulations come into force on 1 April 2021.
Regulation 2 increases the value of the three grants payable under the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 (the pregnancy and baby grant, the early learning grant, and the school age grant). Paragraph 1 of the schedule makes saving provision so that the previous values of these grants are still operative in certain circumstances.
Regulation 3 makes an amendment remedying a date within the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019 and also provides an increase in the value of the grant. Paragraph 2 of the schedule makes saving provision so that the previous value of this grant is still operative in certain circumstances.
Regulation 4 makes an amendment to the Funeral Expense Assistance (Scotland) Regulations 2019 removing a reference to a Directive 2004/38/EC which, prior to this amendment, was to be construed as forming part of domestic law. Regulation 4 also increases the value of various amounts within funeral expense assistance. Paragraph 3 of the schedule makes saving provision so that previous values of this assistance are still operative in certain circumstances.
Regulation 5 makes an amendment remedying a defect within the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020 by inserting a reference to Switzerland into a provision regarding habitual residence and removing a reference to the Swiss Confederation in another provision. It also increases the value of child winter heating assistance.
Regulation 6 makes an amendment remedying a defect within a provision of the Social Security Benefit (Dependency) Regulations 1977 relating to increases of carer’s allowance for child dependants by adding references to “qualifying young person” and “qualifying young persons” to the terms of schedule 2 of those Regulations. This puts beyond doubt that child dependency increases paid with a carer’s allowance can include an increase for a qualifying young person.
Regulation 7 and the schedule make saving provision.