The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025
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.
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2025.
(2)
Subject to paragraphs (3) and (4) these Regulations come into force on 1 April 2025.
(3)
Regulation 13 comes into force on 6 April 2025.
(4)
Regulations 2, 9, 10, 11, 14 and 16(3) come into force on 7 April 2025.
(5)
In these Regulations—
Amendment of the Carer’s Allowance Regulations 19762.
In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed)20 of the Carer’s Allowance Regulations 1976, for “£151”, in both places where it occurs, substitute “£196”
.
Amendment of the Best Start Grants Regulations 20183.
(1)
The Best Start Grants Regulations 2018 are amended as follows.
(2)
In schedule 2 (pregnancy and baby grant)—
(a)
(i)
in head (a), for “£754.65” substitute “£767.50”
,
(ii)
in head (b), for “£377.35” substitute “£383.75”
,
(b)
in paragraph 7(1) (multiple pregnancy supplement)22, for “£377.35” substitute “£383.75”
.
(3)
In paragraph 4 (value of grant) of schedule 3 (early learning grant)23, for “£314.45” substitute “£319.80”
.
(4)
In paragraph 5 (value of grant) of schedule 4 (school-age grant)24, for “£314.45” substitute “£319.80”
.
Amendment of the Best Start Foods Regulations 20194.
In regulation 13(1) (value of benefit)25 of the Best Start Foods Regulations 2019, for “£5.30” substitute “£5.40”
.
Amendment of the Funeral Support Payment Regulations 20195.
(a)
in paragraph (1)(b), for “£1,257.75 substitute “£1279.15”,
(b)
in paragraph (4)(b), for “£25.35” substitute “£25.80”
,
(c)
in paragraph (6), for “£153.50” substitute “£156.10”
.
Amendment of the Young Carer Grants Regulations 20196.
In regulation 12(1) (amount and form of young carer grants)27 of the Young Carer Grants Regulations 2019, for “£383.75” substitute “£390.25”
.
Amendment of the Child Winter Heating Payment Regulations 20207.
In regulation 10(1) (value and form of child winter heating assistance)28 of the Child Winter Heating Payment Regulations 2020, for “£251.50” substitute “£255.80”
.
Amendment of the Scottish Child Payment Regulations 20208.
In regulation 20(1) (value and form of a Scottish child payment)29 of the Scottish Child Payment Regulations 2020, for “£26.70” substitute “£27.15”
.
Amendment of the Child Disability Payment Regulations 20219.
(a)
in paragraph (1)(a), for “£108.55” substitute “£110.40”
,
(b)
in paragraph (1)(b), for “£72.65” substitute “£73.90”
,
(c)
in paragraph (1)(c), for “£28.70” substitute “£29.20”
,
(d)
in paragraph (2)(a), for “£75.75” substitute “£77.05”
,
(e)
in paragraph (2)(b), for “£28.70” substitute “£29.20”
.
Amendment of the Adult Disability Payment Regulations 202210.
(a)
in paragraph (1)(a), for “£72.65” substitute “£73.90”
,
(b)
in paragraph (1)(b), for “£108.55” substitute “£110.40”
,
(c)
in paragraph (2)(a), for “£28.70” substitute “£29.20”
,
(d)
in paragraph (2)(b), for “£75.75” substitute “£77.05”
.
Amendment of the Adult Disability Payment Transitional Regulations 202211.
In regulation 6(1) (amount and form and time of payment of Adult Disability Payment)32 of the Adult Disability Payment Transitional Regulations 2022, for “£28.70” substitute “£29.20”
.
Amendment of the Winter Heating Payment Regulations 202312.
In regulation 9(1) (value and form of winter heating payment)33 of the Winter Heating Payment Regulations 2023, for “£58.75” substitute “£59.75”
.
Amendment of the Carer Support Payment Regulations 202313.
(1)
The Carer Support Payment Regulations 2023 are amended as follows.
(2)
In regulation 14(1) (earnings limit)34, for “£151” substitute “£196”
.
(3)
In regulation 16(1) (amount and form of Carer Support Payment)35, for “£81.90” substitute “£83.30”
.
(4)
In paragraph 8 of schedule 2 (earnings of employed earners)—
(a)
in sub-paragraph (1)—
(i)
in head (j)(ii) omit “or”,
(ii)
“, or
(iv)
on neonatal care leave.”,
(b)
““neonatal care leave” means a period of absence from work on leave under section 80EF (neonatal care leave) of the Employment Rights Act 199636,”.
Amendment of the Pension Age Disability Payment Regulations 202414.
In regulation 26(1) (amount and form of Pension Age Disability Payment) of the Pension Age Disability Payment Regulations 2024—
(a)
in sub-paragraph (a), for “£72.65” substitute “£73.90”
,
(b)
in sub-paragraph (b), for “£108.55” substitute “£110.40”
.
Amendment of the Pension Age Winter Heating Payment Regulations 202415.
In regulation 10 (amount of Pension Age Winter Heating Payment) of the Pension Age Winter Heating Payment Regulations 2024—
(a)
in paragraph (a), for “£300” substitute “£305.10”
,
(b)
in paragraph (b), for “£300” substitute “£305.10”
,
(c)
in paragraph (c), for “£200” substitute “£203.40”
.
Amendment of the Scottish Adult Disability Living Allowance Regulations 202516.
(1)
The Scottish Adult Disability Living Allowance Regulations 2025 are amended as follows.
(2)
In regulation 8(2)(a) (mobility requirements: higher rate mobility component) after the words “the individual’s”, where they first appear, insert “physical”
.
(3)
In regulation 29 (amount and form of Scottish Adult Disability Living Allowance) of the Scottish Adult Disability Living Allowance Regulations 2025—
(a)
in paragraph (1)(a), for “£28.70” substitute “£29.20”
,
(b)
in paragraph (1)(b), for “£72.65” substitute “£73.90”
,
(c)
in paragraph (1)(c), for “£108.55” substitute “£110.40”
,
(d)
in paragraph (2)(a), for “£28.70” substitute “£29.20”
,
(e)
in paragraph (2)(b), for “£75.75” substitute “£77.05”
.
Saving and transitional provisions17.
The saving and transitional provisions in the schedule have effect.
St Andrew’s House,
Edinburgh
SCHEDULESaving and transitional provisions
The Best Start Grants Regulations 2018
1.
(1)
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2024 and before 1 April 2025.
(2)
Despite regulation 3, paragraphs 6 and 7 of schedule 2 of the Best Start Grants Regulations 2018 continue to have effect on and after 1 April 2025 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 3, paragraph 4 of schedule 3 and paragraph 5 of schedule 4 of the Best Start Grants Regulations 2018 continue to have effect on and after 1 April 2025 as they did immediately before that date for the purpose of determining the value of assistance to which the individual is entitled.
The Best Start Foods Regulations 2019
2.
(1)
This paragraph applies where an individual’s entitlement to benefit includes an award for the period on or after 1 April 2024 and before 1 April 2025.
(2)
Despite regulation 4, regulation 13 of the Best Start Foods Regulations 2019 continues to have effect on and after 1 April 2025 as it did immediately before that date in respect of the period mention in sub-paragraph (1).
The Funeral Support Payment Regulations 2019
3.
(1)
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2024 and before 1 April 2025.
(2)
Despite regulation 5, regulation 13 of the Funeral Support Payment Regulations 2019 continues to have effect on and after 1 April 2025 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
The Young Carer Grants Regulations 2019
4.
(1)
This paragraph applies where an individual’s application for assistance was made on or after 1 April 2024 and before 1 April 2025.
(2)
Despite regulation 6, regulation 12 of the Young Carer Grants Regulations 2019 continues to have effect on and after 1 April 2025 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
The Child Winter Heating Payment Regulations 2020
5.
(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 2024 and before 1 April 2025.
(2)
Despite regulation 7, regulation 10 of the Child Winter Heating Payment Regulations 2020 continues to have effect on and after 1 April 2025 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 2020.
The Scottish Child Payment Regulations 2020
6.
(1)
Subject to sub-paragraph (3), sub-paragraph (2) applies where an individual’s determination of entitlement includes an award for the period on or after 1 April 2024 and before 1 April 2025.
(2)
Despite regulation 8, regulation 20(1) of the Scottish Child Payment Regulations 2020 continues to have effect on and after 1 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
(3)
Where, in accordance with regulation 21 of the Scottish Child Payment Regulations 2020, a payment is to be made in respect of a week beginning with a day falling before 1 April 2025 and ending with a day falling on or after that date, sub-paragraph (2) does not apply.
(4)
In sub-paragraph (3), “week” has the same meaning as in regulation 8 of the Scottish Child Payment Regulations 2020.
The Child Disability Payment Regulations 2021
7.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 8 April 2024 and before 7 April 2025.
(2)
Despite regulation 9, regulation 23 of the Child Disability Payment Regulations 2021 continues to have effect on and after 7 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
The Adult Disability Payment Regulations 2022
8.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 8 April 2024 and before 7 April 2025.
(2)
Despite regulation 10, regulation 34 of the Adult Disability Payment Regulations 2022 continues to have effect on and after 7 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
The Adult Disability Payment Transitional Regulations 2022
9.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 8 April 2024 and before 7 April 2025.
(2)
Despite regulation 11, regulation 6(1) of the Adult Disability Payment Transitional Regulations 2022 continues to have effect on and after 7 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
The Winter Heating Payment Regulations 2023
10.
(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 2024 and before 1 April 2025.
(2)
Despite regulation 12, regulation 9(1) of the Winter Heating Payment Regulations 2023 continues to have effect on and after 1 April 2025 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 2023.
The Carer Support Payment Regulations 2023
11.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 7 April 2024 and before 6 April 2025.
(2)
Despite regulation 13(2) and (3), regulations 14(1) and 16(1) of the Carer Support Payment Regulations 2023 continue to have effect on and after 6 April 2025 as they did immediately before that date in respect of the period mentioned in sub-paragraph (1).
The Pension Age Disability Payment Regulations 2024
12.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 21 October 2024 and before 7 April 2025.
(2)
Despite regulation 14, regulation 26(1) of the Pension Age Disability Payment Regulations 2024 continues to have effect on and after 7 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
The Pension Age Winter Heating Payment Regulations 2024
13.
(1)
This paragraph applies where an individual is entitled to be paid Pension Age Winter Heating Payment in respect of a qualifying week occurring on or after 20 November 2024 and before 1 April 2025.
(2)
Despite regulation 15, regulation 10 of the Pension Age Winter Heating Payment Regulations 2024 continues to have effect on and after 1 April 2025 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
(3)
In this paragraph, “Pension Age Winter Heating Payment” and “qualifying week” have the meanings given in regulation 2 of the Pension Age Winter Heating Payment Regulations 2024.
The Scottish Adult Disability Living Allowance Regulations 2025
14.
(1)
This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 21 March 2025 and before 7 April 2025.
(2)
Despite regulation 16(3), regulation 29 of the Scottish Adult Disability Living Allowance Regulations 2025 continues to have effect on and after 7 April 2025 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
These Regulations provide for an increase in various values and amounts of forms of assistance payable by virtue of Regulations made under the Social Security (Scotland) Act 2018 and make amendments to the Social Security (Invalid Care Allowance) Regulations 1976, and the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.
Regulation 2 amends regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 so that the value of earnings at which a person shall be treated as gainfully employed is increased.
Regulation 13(2) amends regulation 14(1) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 so that the value of the earnings limit (in any award week) for entitlement to carer support payment is increased.
Regulation 13(3) amends schedule 2 (calculation of earnings) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 so that any remuneration paid to the individual in respect of neonatal care leave is treated as earnings for assessing entitlement to Carer Support Payment.
Regulation 16(2) makes supplementary provision by way of amendment to regulation 8(2) (mobility requirements: higher rate mobility component) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 to specify that it is the individual’s physical condition as a whole that is taken into account when determining whether the individual meets the eligibility condition at regulation 8(2)(a).
The schedule contains saving and transitional provisions so that the previous values of the various forms of assistance are still payable in certain circumstances.
The Regulations come into force on 1 April 2025 with the exception of regulation 13 which comes into force on 6 April 2025, and regulations 2, 9, 10, 11, 14 and 16(3) which come into force on 7 April 2025.