Tackling child poverty delivery plan 2022-2026 - annex 8: children's rights and wellbeing impact assessment

4. If a negative impact is assessed for any area of rights or any group of children and young people, can you explain why this is necessary and proportionate? What options have you considered to modify the proposal, or mitigate the impact?

Article 1 of the UNCRC defines a child as anyone under the age of 18. However, The Child Poverty (Scotland) Act 2017 states that a child is "(a) a person under the age of 16, or (b) a person who is a qualifying young person for the purposes of Part 9 of the Social Security Contributions and Benefits Act 1992."

The statutory targets underpinning this Plan pertain to children 16 years old and younger. Some of the key actions taken in the Plan – such as the Scottish Child Payment (SCP) – are available only to this age group. 17 and 18 year olds are ineligible for some of the Plan's key actions and are not included in the targets so will not see the full positive impact of these measures.

SCP eligibility is based upon receipt of a qualifying reserved benefit, Universal Credit. It is, therefore, considered neither proportionate nor feasible to extend this element of the plan to 17 and 18 year olds.

Effective mitigations are in place through other actions in the Plan, including the Scottish Attainment Challenge and the Educational Maintenance Allowance (UNCRC 28), provision of Free School Meals (UNCRC 27) and Clothing Grant to those entitled, plus offers of post-school transitions support including the Young Person's Guarantee and School Leavers' Toolkit.

The Care Experience Grant is available to eligible young people aged 16-25. The Scottish Mentoring and Leadership Program is a preventative approach, equipping young people so that they do not themselves become parents/carers in poverty in the future. These measures are available to 17 and 18 year olds and likely to have a positive impact. (Note that mothers aged 18 and under stand to benefit significantly from the Plan as they represent a priority family type.)

We envisage no negative impacts on the rights and wellbeing of any groups of children under the age of 16. The recently enhanced Tackling Child Poverty Evaluation Strategy will monitor for any unintended consequences of the policies set out in the Plan and will inform any modifications.