Social Security Committee

Meeting date: Thursday, December 17, 2020

Official Report 496KB pdf

---

Subordinate Legislation

---

Social Security Co-ordination (EU Exit) (Scotland) (Amendments etc) Regulations 2020 (SSI 2020/399)

We move to agenda item 7. I refer members to papers 6 and 7.

As was noted under the previous agenda item, the instrument is subject to the negative procedure. The instrument has two main purposes. It repeals the EU regulations on social security co-ordination in so far as they relate to devolved social security matters, with effect from the end of the transition period. It also amends three Scottish statutory instruments to remove reference to EU legislation, and it makes provision to ensure continued access to specified benefits for persons who are protected under the withdrawal agreement.

Are members content to note the instrument? There being no comments in the chat function, I assume that members are so content.

The committee agrees to note the instrument.

---

Scottish Child Payment Amendment Regulations 2021 [Draft]

Agenda item 8 is also evidence on subordinate legislation. The committee will take evidence on the Scottish Child Payment Amendment Regulations 2021. I refer members to papers 9 and 10. I welcome Shirley-Anne Somerville, the Cabinet Secretary for Social Security and Older People, and her accompanying officials: Dawn Abell, head of the Scottish child payment and reserved benefits team; Rebecca Darge, the Scottish child payment policy lead; and Stephanie Virlogeux, solicitor.

I invite the cabinet secretary to make an opening statement before we move to questions.

Thank you, convener. The committee’s scrutiny throughout the development of the Scottish child payment for under-sixes, which, as you know, has happened—[Inaudible.]—at an unprecedented—[Inaudible.]—is greatly appreciated. The Scottish Fiscal Commission has forecast that up to 194,000 children could be eligible this financial year. That shows the real impact that the payment could have.

The committee is being asked to recommend for approval the Scottish Child Payment Amendment Regulations 2021. The Scottish child payment is provided for under section 79 of the Social Security (Scotland) Act 2018, which enables the top-up of reserved benefits—the quickest route for us to tackle child poverty. The Scottish Child Payment Regulations 2020, which were recommended for approval by the committee on 24 September, set out the rules and eligibility criteria for children under the age of six.

The amendment regulations make minor technical amendments to the principal regulations to ensure that Scottish child payment eligibility is aligned with our original policy intent on nil awards. They also ensure that the processes are as straightforward as possible for making Scottish child payments to clients who claim for additional children when they are already in receipt of the Scottish child payment for another child.

On nil awards, the Scottish Government is opposed to the punitive sanctions that have been imposed by the UK Government, because we recognise the risk that they pose of pushing people deeper into poverty. If our clients receive a nil award as a result of sanctions, we will continue to pay the Scottish child payment.

The amendment regulations also set out that we expect eligibility to continue if an award is reduced to zero as a result of deductions for liabilities such as gas and electricity arrears. That approach ensures consistency with our other Scottish low-income benefits, such as the best start grant, and it supports families who face a significant reduction in their income.

The principal Scottish child payment regulations set out that a client is not required to complete a new application for additional children if they have on-going entitlement for another child. The amendment regulations make things more straightforward for clients in such a scenario, enabling the date of payment for additional children to be aligned with the client’s existing payment cycle. That is based on feedback from clients who have told us that they value both predictability of and certainty on payments because those help with the management of household finances.

Finally, I put on record my thanks to the Scottish Commission on Social Security for its scrutiny of the draft amendment regulations to expedited timescales and for its continued support throughout the development of the payment. The commission published its scrutiny report on 20 November, and I am pleased to advise that we have accepted or partially accepted all of its recommendations.

I hope that the committee will today recommend for approval the amending regulations, to enable them to come into force ahead of the introduction of eligibility for the Scottish child payment in February, with the first payments to follow soon afterwards.

I am happy to take questions.

Thank you very much, cabinet secretary. There are no bids for questions, so we move to agenda item 9.

I invite Ms Somerville to move motion S5M-23673.

Motion moved,

That the Social Security Committee recommends that the Scottish Child Payment Amendment Regulations 2021 [draft] be approved.—[Shirley-Anne Somerville]

There is an opportunity for contributions from members at this point. I note from the chat box that there are no comments. I therefore ask committee members whether they are content to recommend approval of the instrument. There are no objections in the chat box.

Motion agreed to.

I thank the cabinet secretary and her officials. As previously agreed, the committee will move into private session for the remaining agenda items.

10:29 Meeting continued in private until 10:58.