Social Justice and Social Security Committee
This report concerns the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2024, laid before the Parliament by the Scottish Government on 29 April 2024. The instrument, which was laid in draft, is subject to the affirmative procedure – which means it cannot be made unless it has been approved by a resolution of the Parliament.
It is for the Social Justice and Social Security Committee, as lead committee, to decide whether or not to recommend approval.
These Regulations, laid under the Social Security (Scotland) Act 2018, amend the Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2023 (the principal regulations) and the Carer's Assistance (Carer Support Payment) (Consequential and Miscellaneous Amendments and Transitional Provision) (Scotland) Regulations 2023.
The principal regulations set out the eligibility criteria for Carer Support Payment which is a form of assistance for people who provide regular and substantial care to someone who is in receipt of a qualifying disability benefit.
This instrument amends provision “on the initial period for applications, extending availability of the benefit to further local authority areas in a phased approach, to be available across Scotland by November 2024.”
It also brings forward the commencement date of existing provisions to extend eligibility to some students in full-time non-advanced education.
The Delegated Powers and Law Reform (DPLR) Committee is required to consider every instrument laid before the Parliament and decide whether to draw it to the attention of the Parliament on any of the “reporting grounds” set out in Rule 10.3 of the Parliament's standing orders.
The DPLR Committee considered this instrument at its meeting on 14 May 2024 and agreed to draw the instrument to the attention of the Parliament on reporting ground (h) – meaning could be clearer - and invite the Scottish Government to reconsider whether any action would be appropriate to address the point raised.
Specifically, the Committee thought it would be useful to clearly specify whether, where a carer is in legal detention for a period, that period only qualifies as a temporary break in care if all of the circumstances set out in regulations also apply (that is, if they, or the person they care for, was an inpatient).
At its meeting on 30 May 2024, the Social Justice and Social Security Committee took evidence on the instrument from the Cabinet Secretary for Social Justice and officials.
The Cabinet Secretary explained that the proposed regulations "will, if approved, make the carer support payment available in a further 10 local authorities this summer, starting with Angus and North and South Lanarkshire in June, and across Scotland from November 2024."i
She added that —
The draft regulations also include special backdating rules to ensure that carers do not lose out on support because they live in areas that are in later phases of the roll-out, and they will introduce, from October to June, a further extension of eligibility to carers aged 16 to 19 in full-time, non-advanced education, with certain exceptional circumstances.i
The Cabinet Secretary stated—
communication of the roll-out approach will be key to its success. We are working with the DWP to ensure that both it and Social Security Scotland are providing clear information to carers on the approach, to ensure that carers continue to access all the support to which they are entitled through the carer support payment and any linked benefits.i
Members asked about the work done to raise awareness of the benefit in new pilot areas. The Cabinet Secretary said—
There have [...]been a number of stakeholder events for the roll-out, including online roadshows, and further roadshows are planned. So far, those have been attended by around 270 representatives from, for example, welfare rights organisations and carer support organisations—the people the committee would expect us to be in contact with.iv
Members enquired about the financial impact of the roll out. The Cabinet Secretary explained—
that the financial impact will be the extended eligibility and the potential increase in people coming forward to claim benefits. She added the Scottish Government will learn about the impact as they go.iv
Members raised the point made by the DPLR Committee about what qualifies as a temporary break in care. The Cabinet Secretary said—
We have laid out in correspondence to the committee [Delegated Powers and Law Reform Committee] that the carer support regulations on breaks in care have been drafted to mirror the carers allowance legislation, which has been in force since the mid-1970s, I think. Therefore, those who need to interpret the regulations have an understanding of the language and how it has been interpreted, and that has been the case for some time.vi
On the potentially high volume of applications from full-time student carers in the final phase of the roll out putting pressure on training and resources, the Cabinet Secretary assured—
I hope we have demonstrated today and in my previous attendance in relation to the initial regulations, the roll-out has been well planned. We know what our anticipated caseload will be within the agency; therefore, any changes that have to be made to resources within the agency have been planned for.vii
Members questioned how Social Security Scotland would manage the backdating protocol to make sure individuals who might move from one local area that is part of the pilot to one that is not are not losing out. The Cabinet Secretary stated—
The carers who meet the eligibility criteria for the carer support payment but not carers allowance and who live outside the initial pilot area will be able to have their award backdated to the pilot launch of the benefit if they apply within 13 weeks of the benefit being available in their area or if they have good reason for applying later.viii
Following the oral evidence, the Cabinet Secretary moved motion S6M-13023 — That the Social Justice and Social Security Committee recommends that the Carer's Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 [draft] be approved.
The motion was agreed to.
Accordingly, the Committee recommends to the Parliament that the draft Carer's Assistance (Carer Support Payment) (Scotland) Regulations 2024 be approved.