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Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2026 [Draft]
Welcome back. The next item on our agenda is consideration of a statutory instrument that is subject to the affirmative procedure.
The committee will take evidence from Siobhian Brown, the Minister for Children, Young People and The Promise and her officials on the draft Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2026.
I welcome the minister and her officials, Joanna Mackenzie and Nico Juetten, and I invite the minister to speak to the draft order.
Good morning. The Provision of Early Learning and Childcare (Specified Children) (Scotland) Order 2014 sets out eligibility criteria for funded early learning and childcare for two-year-olds whose parents are in receipt of certain qualifying benefits. As this is the first time that I am bringing a Scottish statutory instrument amending the 2014 order to the new committee, I thought that it would be helpful to set out some background and explain the timings of this year’s amendment.
The main route for eligibility for funded ELC for two-year-olds is receipt of universal credit where the household has earned income that does not exceed a certain income level. The maximum income level is set out in the 2014 order at approximately the equivalent of a person working 16 hours a week at the national living wage.
When the United Kingdom Government raises the national living wage, we uprate that maximum income level through an amendment to the 2014 order. The amending order is usually laid around January every year, to come into force on 1 April. There was a delay in laying this year’s amending order due to the later timing of the UK budget and the compressed parliamentary timescale due to the dissolution for the Scottish Parliament election.
In order to ensure that no families would be negatively impacted by the delay, the Scottish Government worked with COSLA to ask local authorities to use their existing discretionary powers to apply the new maximum income level from 1 April 2026 on a temporary basis until the 2014 order could be amended. COSLA and local authorities have been very supportive and co-operative, and we are not aware of any child not accessing a place due to that approach.
The 2014 order currently specifies that a two-year-old is eligible for funded ELC if their parent is in receipt of a universal credit award, with a monthly income that does not exceed £850 per month. This amending order ensures that the maximum income level of £885 per month, which local authorities have been applying since 1 April 2026, is reflected in statute.
We will continue to review the maximum income level in the 2014 order. For the committee’s awareness, if there are any changes to the national living wage in the 2026 UK budget, which is to come into effect in April 2027, an additional SSI will be laid in early 2027.
I am happy to take any questions.
As members do not have any comments or questions, I invite the minister to move motion S7M-01123.
Motion moved,
That the Education and Gaelic Committee recommends that the Provision of Early Learning and Childcare (Specified Children) (Scotland) Amendment Order 2026 [draft] be approved.—[Siobhian Brown].
Motion agreed to.
The clerks will produce a short report setting out the committee’s decision. Are members content for that to be published?
Members indicated agreement.
Thank you for your time today. We move into private session.
10:50
Meeting continued in private until 11:27.
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