Delegated Powers and Law Reform Committee

Meeting date: Tuesday, September 12, 2017

Official Report 451KB pdf

Instruments subject to Negative Procedure

Universal Credit (Claims and Payments) (Scotland) Regulations 2017 (SSI 2017/227)

The regulations provide for two flexibilities in the operation of the claims and payments system for universal credit in relation to Scotland. First, they provide the option for persons to request payments of universal credit twice monthly, rather than monthly, in arrears. Secondly, they provide the option for tenants to request that any universal credit housing costs element for rent or a service charge be paid directly to social and private sector landlords.

Regulations 2 and 3 refer in various places to a person’s entitlement to request “twice-monthly” payments of universal credit in arrears. Under regulation 2(2), the secretary of state must agree to such a request unless it is considered to be unreasonable to implement.

The Scottish Government’s policy intention is that a person who is entitled to universal credit should be able to choose to receive, in place of the single monthly payment, two payments that are roughly equally spaced apart during each month. However, it is not intended that a person will have an entitlement to receive payments on set dates in a month. Accordingly, the implementation of the payment dates is intended to be a matter for the secretary of state.

Our legal advisers have identified that the regulations could more clearly implement the policy intention in relation to payment dates, given that, under regulation 2(1), a person has an entitlement to request “twice-monthly” payments. That expression does not specify the payment dates in a month, the fact that they should be roughly equally spaced apart, how they may be calculated or who may determine the dates. Accordingly, does the committee wish to draw the regulations to the Parliament’s attention on reporting ground (h), as their meaning could be clearer in a particular respect?

Members indicated agreement.

No points have been raised by our legal advisers on the following two instruments.

Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2017 (SSI 2017/273)

Scottish Tribunals (Eligibility for Appointment) Amendment Regulations 2017 (SSI 2017/274)

Is the committee content with the instruments?

Members indicated agreement.