The Social Security (Miscellaneous Amendment and Transitional Provision) (Scotland) Regulations 2022: child 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?

In most cases, eligibility for both BSF and BSG is based on receipt of a qualifying benefit to ensure that support is targeted at those on low incomes. As young mothers are considerably more reliant on state benefits and tax credits than older mothers – a position that remains the case as the child ages^[13] – and as many find accessing the welfare and income to which they are entitled confusing and difficult, an exception is made for young parents (as set out above).

Basing eligibility on receipt of a qualifying benefit is an effective and efficient alternative to means testing. The benefits and tax credits are also used to check other criteria, such as identity and residency. This reduces the evidence requirements on applicants, making it easier to apply.

SCP was introduced through secondary legislation, using the powers to top up a reserved benefit contained in Section 79 of the Social Security (Scotland) Act 2018. This decision was taken as it was the quickest and simplest route to introduce the payment and therefore help tackle child poverty. Primary legislation would have delayed introduction of the payment, potentially by two or three years. The decision to proceed using the Section 79 power means that eligibility for SCP is based upon receipt of a qualifying reserved benefit.^[14]

Basing eligibility on receipt of a qualifying benefit has placed some restrictions on eligibility, in particular, the following groups do not qualify:

• Those with no recourse to public funds cannot receive a qualifying, reserved benefit and are therefore not eligible for SCP. This is a reserved benefits matter and, therefore, not within the Scottish Government's powers to address.
• However, as those aged under 18 do not require a qualifying, reserved benefit to be eligible for BSG, we have sought and received agreement from the UK Government that for BSG Pregnancy and Baby Payment, individuals who are under 18 and have no recourse to public funds are able to receive support. Furthermore, we have plans to extend BSF eligibility to children aged under three, with British citizenship, and whose parent or guardian meets the financial eligibility criteria but do not have a qualifying benefit due to having no recourse to public funds. In the meantime, equivalent payments are being made. The financial eligibility criteria is a family income of £660 or less per month after tax. The Home Office has confirmed that they have no plans to add BSF to their list of public funds and payments to parents or guardians of children with British citizenship will not breach their 'no access to public funds' condition.
• Some kinship carers (and thus the children they support) who access local authority funding rather than the qualifying benefits. However, we have endeavoured to ensure that those kinship carers who are on a qualifying benefit are able to access their entitlements, being as flexible as possible with what they can use as evidence of child responsibility. By broadening the definition of a kinship carer we aim to ensure that, as we roll out SCP to under 16s, eligible kinship carers who are not related to the child but are known to them and have a pre-existing relationship with the child are included. Those accessing local authority funding have alternative financial support in place.

Upon balance, the need to tackle child poverty quickly means we believe the decision to proceed using the Section 79 power to deliver Scottish Child Payment was the right approach. However, these considerations will all be factored in to the review of the effectiveness of delivering SCP via the Section 79 power, which we have committed to undertake after the policy is fully rolled out to under 16s.

SCP is targeted to those who are responsible for children under 16 years old. Whilst we have adopted a narrower definition of a child from the definition in the UNCRC, children over 16 may be eligible for other sources of social security support in their own right, depending on their circumstances. For example, Education Maintenance Allowance (EMA), is available to 16 and 17 in year olds in non-advanced education and ensures this particular group still have access to social security support. Children over 16 who do not remain in non-advanced education may qualify for reserved benefits in their own right.