The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023: Fairer Scotland duty assessment summary

Summary of assessment findings

Key Findings

It is expected that removing the income thresholds will result in an additional 20,000 individuals being eligible for BSF.^[14] This will mean more low income families can benefit from the support provided by BSF and more individuals will be eligible for all of the FFP. Furthermore, individuals who have fluctuating incomes will be less likely to move in and out of BSF eligibility – as long as they continue to receive a qualifying benefit, they will remain eligible for BSF. This will provide greater certainty to low income families and help to minimise the need for reapplications.

Removing the income thresholds will align BSF more closely with BSG and SCP which do not have income thresholds, making eligibility for the FFP easier to understand and simpler to communicate to clients. Furthermore, increasing alignment of the FFP will help to support potential future automation of these benefits.

Further aligning the eligibility rules for BSF more closely with BSG and SCP will make it easier for clients to understand the eligibility criteria for the FFP and for Social Security Scotland to promote the benefits. By further aligning the procedural rules for how eligibility is determined for BSF with BSG and SCP, we will reduce the need for clients to reapply or submit review requests for BSF. This should help maximise take-up and enable more clients to receive their full entitlement. Furthermore, it will make it easier for Social Security Scotland to administer the benefits. In general, all of these changes will help address stakeholder concerns regarding the need for better alignment across the FFP and make it easier to potentially automate payments in the future. As well as these overarching benefits, there is also evidence that the changes will have particular impact for the following groups.

Lone parent families

Secondary analysis of published BSF statistics up to 28 February 2022 provides a further insight into the reach of the benefit. For example, 63% (69,710) of those who had their applications approved for BSF were assumed to be lone parents. However, since it is possible for applicants to not fill in information about their partners, overestimation of lone parents can occur and thus caution is needed when interpreting this figure.^[15]

We know that women make up the majority of lone parents in Scotland, with the Labour Force survey suggesting it is around 88%.^[16] The relative poverty rate for single women with children is 36%.^[17] Children in single parent households are also more likely to be living in relative poverty: 38% compared to 24% of children overall.^[18]

A study of countries across Europe, including the UK, found that lone mothers are more at risk of poverty and social exclusion than lone fathers.^[19] Indeed, the most recent UK data shows that lone mothers are less likely to be in employment than lone fathers (67.1% compared to 80.1%), and the employment rate for lone mothers was lowest when the dependent child was aged zero to two years.^[20]

In December 2022, single adult families with children accounted for just over half (52%) of all families with children claiming Tax Credits across the United Kingdom.^[21] For Universal Credit (UC), single adult families with children accounted for a larger proportion of all families with children, at 76% of all families with children claiming UC in Scotland in February 2023.^[22] As lone parents are more likely to receive a qualifying benefit than other parents, they are more likely to be eligible for BSF.

As lone parents appear more likely to receive BSF, they are more likely to directly benefit from the changes we are making to expand eligibility and simplify the eligibility and procedural rules. They are also more likely to benefit from the changes being made to improve access for young pregnant persons and young parents.

Stakeholders also told us that for single parents who are pregnant it can be a frightening time as they are alone and may be facing a range of other issues such as housing and domestic abuse so aligning eligibility and processes for BSF is likely to be particularly helpful for this group.

Families with a disabled adult or child

The latest analysis of client diversity and equalities data^[23] shows that for approved BSF and BSG applications between June 2021 and March 2023, 16% (6,970) were from those that identified themselves as having a physical or mental condition or illness lasting or expected to last 12 months or more.

Poverty rates are higher for households when a family member is disabled, 28% of children living with a disabled person are in relative poverty compared to 24% of all children.^[24] Disabled children are also more likely to experience poverty.^[25] Since families with a disabled household member are more likely to be in poverty, and as the eligibility criteria for BSF target those on lower incomes, we expect the payments to have a positive impact on these families.

Providing a further eight weeks of payments of BSF when entitlement to Child Tax Credit, Working Tax Credit, Income Support, Income-based Jobseekers Allowance, Income-related Employment and Support Allowance, Pension Credit or Housing Benefit ends will mean eligible individuals who receive income related Employment Support Allowance (irESA) due to a health condition or disability will receive support for longer if their entitlement to irESA ends. This will mean that they continue to benefit from the support that BSF provides when their family’s income is in transition. Stakeholders also told us that when circumstances change it can take a while to resolve entitlement with legacy benefits. So a further eight weeks entitlement to BSF when any legacy benefit ends would be helpful.

Putting it beyond doubt that payments can be made in a way other than the prepaid card could have a positive impact on some individuals with a disability or long term health condition who find that due to their needs, the card is not accessible. User research carried out by Social Security Scotland has highlighted that this can be the case for individuals whose disability or long term health condition resulted in issues with recall or anxiety. These individuals reported that the process of trying to learn how to use the card and remember the PIN number caused distress. In some instances, this resulted in them becoming overwhelmed with the process and ultimately they stopped using their card.

The changes we are making to further align eligibility and procedural rules for BSF with BSG and SCP will make eligibility easier to understand, minimise the need for individuals to reapply and should support further automation of the payments in the future. These changes are likely to help improve access and could have a positive impact for individuals who find the application process to be more challenging as a result of their disability.

Our second Benefit Take-up Strategy^[26] highlights our commitment to inclusive communication. Social Security Scotland is working closely with stakeholders to embed inclusive communication principles across everything that they do. The current service includes:

• promotional benefit information proactively produced in Easy Read, and Social Security Scotland work with stakeholders to get this content into the hands of those who need it;
• access to independent advocacy support for disabled people applying for Social Security Scotland assistance, ensuring their voice is heard throughout their journey;
• British Sign Language video relay service, available through Contact Scotland;
• deafblind interpreters, Text Relay and electronic note taker services;
• all letters, information and guidance are available in Braille, Large Print, Easy Read and various Audio formats; and
• online content compatible with screen reader software on Jaws, Voiceover and Non Visual Desktop Access platforms.

A recent accessibility audit has highlighted that not all sections of the online information or application forms are accessible to those with a disability. Without improvements to accessibility, those with a disability may not be aware of their entitlement or able to apply in a way that suits their needs. We have begun implementing the improvements identified and will continue to deploy these to ensure that our online systems are fully accessible.

Families with more than three children

Larger families are more likely to experience poverty and are identified as one of the priority family types in the TCPDP.^[27] 34% of children in large families are living in relative poverty, compared to 24% for all children.^[28]

Ethnicity also correlates with family size. At the UK level, analysis of 2011-2013 data showed that 51% of Black African, 65% of Pakistani and 64% of Bangladeshi children lived in large families (three or more children), compared to 30% of those in White British families.^[29]

BSF can be expected to benefit larger families as there is no limit to the number of children the payment can be claimed for.

Larger families are more likely to be in poverty and therefore be in receipt of income-related reserved benefits. As such, larger families are more likely to directly benefit from the changes we are making to expand eligibility and simplify the eligibility and procedural rules.

User researchers tested the form with larger families, ensuring it was accessible and met their needs.

Minority ethnic families

The latest analysis of client diversity and equalities data^[30] shows that for approved BSF and BSG applications between June 2021 and March 2023:

• 85% (35,230) were from people who identified as white;
• 4% (1,440) were from people who identified as Asian;
• 2% (695) were from people who identified as African;
• 1% (340) were from people who identified as Mixed or multiple ethnic groups;
• less than 1% (60) were from people who identified as Caribbean or Black; and
• 1% (485) were from people who identified as other ethnic group.

In Scotland, 5% of the adult population belong to minority ethnic groups.^[31] A report from Close the Gap^[32] highlights the intersectionality between race and gender and concludes that ‘BME women continue to face high levels of racism, racial prejudice, discrimination and bias in the labour market which ultimately impacts their ability to secure, retain and progress within sustainable, good employment’.

In 2019-22 people from non-white minority ethnic groups were more likely to be in relative poverty, with poverty rates at 49% for ‘Asian or Asian British’ ethnic groups, and 48% for Mixed, Black or Black British and Other’ ethnic groups. This compares to 18% amongst the ‘White British group’.^[33] There are also far higher proportion of children from a minority ethnic group in relative poverty, at 39% compared to 24% of all children.^[34]

Stakeholders also told us that when circumstances change it can take a while to resolve entitlement with legacy benefits. So a further eight weeks entitlement to BSF when any legacy benefit ends would be helpful. Families in housing which cannot be supported by UC – temporary accommodation, supported or sheltered housing – continue to receive Housing Benefit, a legacy benefit. They are therefore more likely to benefit from this change. Applicants with 'other' ethnicity are most likely to have at least one temporary accommodation placement (81%).^[35] White other British and White Scottish also spend less time in temporary accommodation on average than other ethnic groups.^[36]

Allowing individuals who were initially determined as ineligible for BSF due to the lack of a qualifying benefit or child responsibility benefit to receive BSF from the date of their original application if they subsequently receive a backdated award of their qualifying or child responsibility benefit will help people who face processing delays for reserved benefits as well as those who receive an incorrect decision.

One stakeholder highlighted that there can be particularly long delays for foreign nationals to have Child Benefit awarded. While they should be able to claim UC and have UC Child Element included without Child Benefit being in place, often this does not happen and therefore they cannot prove child responsibility until Child Benefit has been awarded. This change may, therefore, have a particularly positive impact for foreign nationals who claim BSF.

We are aware that there are particular barriers faced by ethnic minorities in claiming social security payments, especially those with English as a second language.^[37] Aligning the eligibility and procedural rules for BSF with BSG and SCP will reduce the need for individuals to have to reapply and should support further automation of the payments in the future, helping to address these barriers.

Those from ethnic minorities are also more likely to be in poverty and therefore be in receipt of income-related reserved benefits.^[38] As such, those from ethnic minorities are more likely to directly benefit from the changes we are making to expand eligibility and simplify the eligibility and procedural rules. They are also more likely to benefit from the changes being made to improve access for young pregnant persons and young parents.

While the evidence suggests that ethnic minority families are more likely to be in child poverty, the diversity and equalities data does not suggest high take-up of BSF among these families. Without a targeted approach to communications and engagement with these groups they may have less awareness of their entitlement and continue to have lower take-up.

Work has already been undertaken with ethnic minorities alongside the main Experience Panels to understand the experiences of those whose first language is not English. This work has given us a depth of information about the barriers faced by this group, and ideas for how Social Security Scotland can address these barriers as set out in our second Benefit Take-up Strategy.^[39] Furthermore, the communications and engagement strategy for these policy changes includes working with relevant stakeholders and ensuring we promote BSF in locations that are particularly relevant to those from ethnic minorities.

The BSF evaluation^[40] highlighted that some recipients who do not speak English at all or who have English as a second language, experience issues with the application process for BSF. Some stated that they would like the option of choosing to receive communication (e.g. application form, decision letter, guidance) in other languages, or access to a translator.

Social Security Scotland already proactively translate the FFP factsheet into 13 languages, including British Sign Language. Furthermore, their leaflets and posters display the Happy to Translate logo, to tell speakers of other languages at-a-glance that they can get these materials in other languages on request. Guidance and letters can be provided in over 100 different languages and interpretation services are also available. However, if awareness of this is not raised then individuals may continue to face barriers in applying for BSF. To address this our communications and engagement strategy includes working with relevant stakeholders and ensuring we promote the availability of translation and interpretation services.

Individuals who have no recourse to public funds (NRPF) due to their immigration status are not excluded from applying for BSF. However, in most cases, entitlement to BSF requires receipt of a qualifying low income benefit and child responsibility benefit. Because their immigration status prevents them accessing public funds, individuals with NRPF are unable to receive these benefits and would therefore not normally be able to access BSF. Currently, individuals who are under 18 and individuals who are both over 18 and the partner of someone who receives a qualifying benefit do not require to receive any benefits themselves to be eligible or for their child to be eligible for BSF. By expanding automatic eligibility to pregnant persons who are 18 or 19 and a dependant, and to children whose parents are 18 or 19 year old dependants or who were under 18 or an 18 or 19 year old dependant during the pregnancy, some additional young people with NRPF may be able to access BSF. Home Office confirmation has been received to state that these individuals with no recourse to public funds can apply for BSF without it affecting their immigration status.

Families with a child under one

Research from 2015 found a quarter of ‘new families’ are in poverty in the year after having their first child. This could be due to the increased costs of a new child and the need to take time off work to care for them.^[41] 34% of families where the youngest child is under a year old lived in relative poverty in 2017-20.^[42]

Furthermore, research by The Food Foundation^[43] has shown that families with younger children are at particularly high risk of food insecurity. 27.3% of households with a child under the age of 4 experienced food insecurity in January 2023. This compares to 15.4% for households without children and 23% for households with only school-aged children.

The UK Government’s All-Party Parliamentary Group on Infant Feeding and Inequalities found that the cost of infant formula can significantly impact on some family budgets with both parents and health care professionals reporting that they or families they know often go without essential items in order to be able to afford infant formula. In some cases, parents reported going without food for themselves, and not being able to spend money on household cleaning items and feminine hygiene items. This was also reported to add to stress and anxiety among families in difficulty.^[44] An inquiry carried out by FEED, found that where families face difficulties accessing infant formula it can lead to unsafe feeding practices including: under-feeding, watering down formula, using an inappropriate formula type or breastfeeding when it is contra-indicated.^[45]

We will therefore extend automatic eligibility so that where the individual responsible for the child or their partner is under 18 or an 18 or 19 year old dependant or was under 18 or an 18 or 19 year old dependant during pregnancy, their child will continue to be entitled up until:

• their parent/carer turns 18, or
• their parent/carer stops being a dependant, or
• the child turns one, or
• the child reaches the first anniversary of its estimated delivery date, whichever is later (but no later than the child’s third birthday).

Expanding automatic eligibility to children whose parents are 18 or 19 year old dependants or who were under 18 or an 18 or 19 year old dependant during the pregnancy will mean more children will be eligible for BSF. Unpublished internal analysis carried out by the Communities Analysis Division to inform this EqIA has found that it is likely there are not more than 800 dependants aged 18 or 19 years old giving birth each year.

Ensuring that at a minimum support continues until the child turns one or reaches the first anniversary of its estimated delivery date will ensure that children of young parents continue to receive support at this key developmental stage when they require either breastmilk or first infant formula, whichever is their parents’ choice.

We will also specify in our regulations that the higher payment made when an eligible child is under one should be double the basic payment (paid during pregnancy and when the child is aged between one and three). One stakeholder noted that by specifying this in regulations, parents of a new child will be provided with certainty about the level of payment they will receive.

Families with a mother who is under 25

Parental age has a significant impact on child poverty rates: 55% of children with a mother aged 25 or under are in relative poverty compared with 23% of children whose mother is 25 or over in 2015-18.^[46] Young mothers are therefore a priority family type for Best Start, Bright Futures.^[47]

The latest analysis of client diversity and equalities data^[48] shows that for approved BSF and BSG applications between June 2021 and March 2023, 15% (6,735) were from those aged 16-24.

The age at which mothers have their first child is substantially lower in more deprived areas, meaning that early motherhood is more likely amongst those already facing socio-economic disadvantage. Mothers under 25 are also more likely than older mothers to have fewer qualifications, lower average incomes, and to be unemployed.^[49]

The Scottish Government’s Pregnancy and Parenthood in Young People Strategy^[50] highlights that young mothers are more reliant on social security payments and tax credits than older mothers – a position that remains the case as the child ages, meaning that they are more likely to be eligible for BSF and to benefit from the changes we are making.

It is clear from our user testing that many young parents find accessing the welfare and income to which they are entitled confusing and difficult. One stakeholder told us that the young parents that they work with can get quite frustrated when accessing social security payments is difficult and therefore aligning eligibility and reducing the need for re-applications should help with uptake. Social Security Scotland is conducting user research to understand the experiences of 16-24 year olds. Insights from this research will inform how we communicate with these young people.

By expanding automatic eligibility to 18 and 19 year old dependants who are pregnant and to children where the individual responsible for them or their partner is an 18 or 19 year old dependant or was under 18 or an 18 or 19 year old dependant during pregnancy, young parents will be able to more easily access BSF, a need which was highlighted by the original consultation on Social Security Scotland, A New Future for Social Security.^[51] Unpublished internal analysis carried out by the Communities Analysis Division to inform this EqIA has found that it is likely there are not more than 800 dependants aged 18 or 19 years old giving birth each year.

Young parents who are still dependent on their parent or carer might not be able to access a qualifying benefit in their own right but they also might not receive financial support from their parent or carer. Making them automatically eligible for BSF will ensure that they have access to some financial support during their pregnancy. This will help pregnant persons achieve a diet that contains adequate nutrients and energy to allow proper foetal growth and development as well as providing the nutrients the mother needs for maintaining her own health. It will also ensure that young parents are supported to buy healthy and nutritious food for their children, helping to establish positive eating behaviours and reduce their risk of obesity and other health conditions

We will also extend automatic eligibility so that where the individual responsible for the child or their partner is under 18 or an 18 or 19 year old dependant or was under 18 or an 18 or 19 year old dependant during pregnancy, their child will continue to be entitled up until:

• their parent/carer turns 18, or
• their parent/carer stops being a dependant, or
• the child turns one, or
• the child reaches the first anniversary of its estimated delivery date, whichever is later (but no later than the child’s third birthday).

At present, children under one or whose first anniversary of their estimated delivery date has not yet passed are automatically eligible for BSF as long as the individual responsible for the child is under 18 and meets the relevant residency conditions. Eligibility continues up until the child turns one even if the individual responsible for them turns 18 before their first birthday. The child can then only continue to be eligible if the individual responsible for them is in receipt of a qualifying benefit.

Young parents who are under 18 or are still dependent on their parent or carer are unlikely to be able to claim a qualifying benefit. They also might not receive financial support from their parent or carer. The present rules mean that once the child turns one, the young parent may have to ask their partner or their own parent or carer to claim BSF, which could be disempowering. Furthermore, if the individual they are dependent upon does not receive a qualifying benefit or nobody else is responsible for the child then the child will no longer be eligible.

It could also be the case that a young parent who is under 18 does not meet the current definition of being responsible for the child if they are not a dependant or if they do not receive a child responsibility benefit because their partner receives it. Under the current rules, that could mean that even though one of the parents of the child is under 18, the child would not be automatically eligible.

By expanding automatic eligibility to children whose parents are 18 or 19 year old dependants, young parents will be able to more easily access BSF, a need which was highlighted by the original consultation on Social Security Scotland, A New Future for Social Security.^[52] Unpublished internal analysis carried out by the Communities Analysis Division to inform this EqIA has found that it is likely there are not more than 800 dependants aged 18 or 19 years old giving birth each year.

Ensuring that at a minimum support continues until the child turns one or reaches the first anniversary of its estimated delivery date will ensure that young parents continue to receive support to breastfeed or purchase first infant formula for their baby, whichever is their choice.

Allowing eligibility to continue beyond the child’s first birthday where the individual responsible for them or their partner is under 18 or an 18 or 19 dependant will ensure that young parents are supported to buy healthy and nutritious food for their children, helping to establish positive eating behaviours and reduce their risk of obesity and other health conditions. Unpublished internal analysis carried out by the Communities Analysis Division to inform this FSD has found that there are around 100 under 18 parents responsible for a child who is aged one or two and up to 700 parents who are dependants aged 18 or 19 and responsible for a child who is aged one or two. The changes we are making will ensure that these young parents are not disadvantaged because they are unable to access a qualifying benefit due to their age. This is particularly important given the strong relationship between parental age and child poverty rates.

Making this change will also further align eligibility for BSF with BSG, as for BSG if an individual is under 18 or an 18 or 19 year old dependant and either they or their partner are responsible for a child who is the relevant age, they are automatically eligible for all three BSG payments. The divergence in the eligibility criteria between BSF and BSG is likely to be a confusing journey for young parents. As part of our stakeholder engagement, we heard that differences between the payments can make it difficult for parents to understand what they are entitled to. Further aligning eligibility rules and processes for BSF with BSG will make it easier for young parents to understand and access social security payments, ensuring their child receives the support it is entitled to. One stakeholder told us that the young parents that they work with can get quite frustrated when accessing payments is difficult and therefore aligning eligibility and reducing the need for re-applications should help ensure more children benefit.

Unpublished internal analysis carried out by the Communities Analysis Division to inform this FSD suggests that there are not more than 1,000 pregnant mothers who are dependants each year and that there are around 100 children born to mothers aged 16 or younger. Internal unpublished analysis by Social Security Scotland’s Insights and Analysis Team indicates that around 10-20 applications are received every year from under 16 year old parents for BSF.

Making explicit that where they have legal capacity to be paid, entitled young pregnant persons, partners of a pregnant person and parents to an entitled child who is under three can be paid BSF in their own right will help to empower young parents and also mitigate the risk of financial coercion or abuse. Furthermore, this change will make clear that pregnant persons, partners of pregnant persons and parents to an entitled child who are under 16 and who are not dependent upon anyone, are able to access a payment. Where an application is made by the pregnant person, partner of the pregnant person or parent to an entitled child and they are under 16 and lack legal capacity to be paid BSF in their own right, we will seek to make payment to the person with Parental Rights and Responsibilities for them. Where it would not be appropriate to pay the individual with Parental Rights and Responsibilities, we will appoint the person who is responsible for them or another appropriate person.

Furthermore, we will make the individual who a pregnant person is dependent on and the partner of that individual, entitled to receive BSF in their own right so that young parents can have a choice in how they access the benefit. This change will align with the approach already taken for BSG Pregnancy and Baby Payment, where if the individual who is or was pregnant is a dependant, they can choose to apply themselves, or have the individual that they are dependent upon or the partner of that individual apply. We took this approach in response to discussions during the original consultation on BSG^[53] which highlighted both the need to empower young parents and the importance of young pregnant persons and parents having the support of an adult in accessing the payment.

As part of this change, we will expand the current rule which ensures an application from a pregnant person always takes precedence over an application from their partner so that applications from the pregnant person will also take precedence over an application from any other entitled person. This ensures that the pregnant person will always be able to access BSF payments in their own right as it is paid to support their nutrition. One stakeholder highlighted that for pregnant persons in domestic abuse situations ensuring that an application from the pregnant person is prioritised over one from any other entitled person will help mitigate situations of financial control. Where multiple applications are received in relation to a pregnancy but no application is made by the pregnant person themselves, the amendment regulations will provide Scottish Ministers with the power to decide who should be awarded BSF, having regard to the circumstances of the pregnant person. Furthermore, when either the partner of the pregnant person or the individual that the pregnant person is dependent upon or the partner of that individual is being paid BSF, the regulations state that they are only entitled if they are using BSF for the benefit of the pregnant person. If it is established that they are not using BSF for the benefit of the pregnant person, they are not eligible to receive BSF.

Allowing Scottish Ministers to pay whoever they consider appropriate on behalf of an entitled person will mean that once the child is born, young parents who are dependants will still be able to have the individual that they are dependent upon or the partner of that individual receive BSF on behalf of their child. To mitigate risks of financial abuse and ensure that the child benefits from the BSF being paid on their behalf, Scottish Ministers will also have the ability to cease making payments to this individual if it is no longer considered appropriate to do so.

Making explicit that payment can be made in another form will put beyond doubt that very young pregnant persons and parents can access BSF in their own right, as there is a lower age threshold which is applied to the prepaid card.

One stakeholder highlighted that once a young person stops being a dependant or turns 18 their entitlement to BSF could end abruptly whereas those who lose entitlement due to losing their qualifying benefit would be entitled to a further eight weeks of BSF. However, the ending of entitlement to a qualifying benefit is often an unforeseen circumstance unlike turning 18 or leaving full-time education. Furthermore, if the young parent has a child who is not yet one or who has not yet reached the first anniversary of its estimated delivery date, the changes we are making will mean payments will continue for the child to ensure there is support for breastfeeding or first infant formula.

FFP advertising states that you may be eligible if you receive certain benefits or tax credits. This is not true for young pregnant persons, partners of pregnant persons and children of young parents who are eligible if the individual is under 18, provided they meet the residency requirements. Following changes, 18 and 19 year old dependants and their children will also be eligible without the need to receive a qualifying benefit as long as they meet the residency conditions. Without targeted messaging this group may not have the same level of awareness of their entitlement. To ensure that awareness is raised, a comprehensive communications and engagement strategy is being developed alongside the regulations which includes bespoke messaging and activities to ensure awareness is raised among this group.

Children

Children up to the age of three can be eligible to receive BSF recognising that the early years are key to improving long term health outcomes, and with children from less affluent households being more at risk of negative outcomes in later decades.^[54] Children aged three to four can benefit from the universal Early Learning and Childcare provision for children which includes a free meal. In addition to this, through the Scottish Milk and Healthy Snack Scheme all preschool children attending a registered setting, for two hours or more per day, can also benefit from a portion of milk, or non-dairy alternative and a healthy snack.

Eligibility for BSF is targeted at low income families. Children in low income households tend to experience a range of disadvantages which can accumulate throughout their lives. For example, poverty negatively affects children's health, social, emotional and cognitive development, and also their behavioural and educational outcomes.^[55] The growing evidence in developed economies suggests that gaining additional income has positive causal effects on health, behavioural development and educational attainment for children in households at the lower end of income distribution.^[56]

Research by The Food Foundation has shown that children’s earliest experiences of food can shape lifelong habits and establish their long-term relationship with food. It highlights that young children who experience food insecurity are at increased risk of obesity; and furthermore, that a lack of sufficient nutrition during critical periods in early life may cause irreversible changes to development, and therefore increase risk of chronic disease in later life.^[57]

Research into the intergenerational transmission of poverty has shown that unhealthy dietary patterns have been linked with poorer mental health in children and adolescents. Poor in utero nutrition also leads to low birthweight babies with higher risk of the children being stunted, and experiencing a permanent limit to their physical and cognitive development affecting schooling performance and completion. Additionally, a review of international literature shows that child and maternal nutrition are crucial determinants of intergenerational poverty.^[58]

In 2019-22, it is estimated that 24% of children (250,000 children each year) were living in relative poverty after housing costs in 2019-22. Before housing costs, it is estimated that 22% of children (230,000 children each year) were in relative poverty.^[59] In the same period, 86% of children lived in households with high food security. This means that 14% of children lived in households with marginal, low or very low food security.^[60] Children in poverty were less likely to have high food security: just 65% of those in relative poverty, and 65% of those in severe poverty lived in high food security households.^[61]

The majority of young people, who responded to a Scottish Youth Parliament survey to find out about young people’s experience in accessing food, agreed or strongly agreed that they and their family can afford food without having to sacrifice other basic needs such as heating or housing. However, between 7-9% disagreed or strongly disagreed with these statements.^[62]

By providing eligible families with a child under three support to purchase healthy foods and milk, BSF contributes to the Scottish Government’s efforts to tackle food insecurity.

Research by The Food Foundation^[63] has shown that children’s earliest experiences of food can shape lifelong habits and establish their long-term relationship with food. It also highlights that young children who experience food insecurity are at increased risk of obesity. There is some evidence to show that BSF may be contributing to better health and wellbeing for children. Recipients report observing their children eating more and a greater variety of fruits and vegetables and feeling positive that they can provide their children with more nutritious foods.^[64]

It is expected that removing the income thresholds will result in an additional 20,000 individuals being eligible for BSF.^[65] This will mean more children in low income families can benefit from the support provided by BSF. Furthermore, children whose parents or carers have fluctuating incomes from work - such as those who do seasonal work, have variable incomes or flexible contracts - will be less likely to move in and out of BSF eligibility. It is estimated that in 2019-22, 69% of children in relative poverty after housing costs were living in working households (170,000 children each year).^[66] As part of our stakeholder engagement, we heard that individuals who lose entitlement due to breaching the income threshold (and who do not fall below the threshold within 12 weeks of losing their entitlement) do not always reclaim when their income drops back below the threshold, resulting in the child not receiving the support that they are entitled to. Once the income thresholds are removed, children will remain eligible for BSF as long as their parent or carer continues to receive a qualifying benefit. This will provide greater certainty to children in low income families and help to minimise the need for reapplications.

At present, children under onr or whose first anniversary of their estimated delivery date has not yet passed are automatically eligible for BSF as long as the individual responsible for the child is under 18 and meets the relevant residency conditions. Eligibility continues up until the child turns one even if the individual responsible for them turns 18 before their first birthday. The child can then only continue to be eligible if the individual responsible for them is in receipt of a qualifying benefit.

Young parents who are under 18 or are still dependent on their parent or carer are unlikely to be able to claim a qualifying benefit. They also might not receive financial support from their parent or carer. The present rules mean that once the child turns one, the young parent may have to ask their partner or their own parent or carer to claim BSF, which could be disempowering. Furthermore, if the individual they are dependent upon does not receive a qualifying benefit or nobody else is responsible for the child then the child will no longer be eligible.

It could also be the case that a young parent who is under 18 does not meet the current definition of being responsible for the child if they are not a dependant or if they do not receive a child responsibility benefit because their partner receives it. Under the current rules, that could mean that even though one of the parents of the child is under 18, the child would not be automatically eligible.

We will therefore extend automatic eligibility so that where the individual responsible for the child or their partner is under 18 or an 18 or 19 year old dependant or was under 18 or an 18 or 19 year old dependant during pregnancy, their child will continue to be entitled up until:

• their parent/carer turns 18, or
• their parent/carer stops being a dependant, or
• the child turns one, or
• the child reaches the first anniversary of its estimated delivery date, whichever is later (but no later than the child’s third birthday).

Expanding automatic eligibility to children whose parents are 18 or 19 year old dependants or who were under 18 or an 18 or 19 year old dependant during the pregnancy will mean more children will be eligible for BSF. Unpublished internal analysis carried out by the Communities Analysis Division to inform this EqIA has found that it is likely there are not more than 800 dependants aged 18 or 19 years old giving birth each year.

Ensuring that at a minimum support continues until the child turns one or reaches the first anniversary of its estimated delivery date will ensure that children of young parents continue to receive support at this key developmental stage when they require either breastmilk or first infant formula, whichever is their parents’ choice.

Allowing eligibility to continue beyond the child’s first birthday where the individual responsible for them or their partner is under 18 or an 18 or 19 dependant will ensure that children of young parents can access healthy food and milk, helping to establish positive eating behaviours and reduce their risk of obesity and other health conditions. It will also ensure that that children of young parents are not disadvantaged because their parents are unable to access a qualifying benefit due to their age. This is particularly important as parental age has a significant impact on child poverty rates with over half (55%) of children in households with a mother aged under 25 in relative poverty in 2015-18, compared to 24% of children overall.^[67] Young mothers are therefore a priority family type for Best Start, Bright Futures.^[68]

Unpublished internal analysis carried out by the Communities Analysis Division to inform this FSD has found that there are around 100 under 18 parents responsible for a child who is aged one or two and up to 700 parents who are 18 or 19 year old dependants and responsible for a child who is aged one or two. The changes we are making will ensure that these young parents are not disadvantaged because they are unable to access a qualifying benefit due to their age. This is particularly important given the strong relationship between parental age and child poverty rates.

Making this change will also further align eligibility for BSF with BSG, as for BSG if an individual is under 18 or an 18 or 19 year old dependant and either they or their partner are responsible for a child who is the relevant age, they are automatically eligible for all three BSG payments. The divergence in the eligibility criteria between BSF and BSG is likely to be a confusing journey for young parents. As part of our stakeholder engagement, we heard that differences between the payments can make it difficult for parents to understand what they are entitled to. Further aligning eligibility rules and processes for BSF with BSG will make it easier for young parents to understand and access social security payments, ensuring their child receives the support it is entitled to. One stakeholder told us that the young parents that they work with can get quite frustrated when accessing payments is difficult and therefore aligning eligibility and reducing the need for re-applications should help ensure more children benefit.

Furthermore, we will extend automatic eligibility so that where the pregnant person or their partner turns 18 or stops being a dependant during pregnancy their child will be eligible from birth until they turn one or reach the first anniversary of their estimated delivery date, whichever is later.

Providing a further eight weeks of payments of BSF when entitlement to Child Tax Credit, Working Tax Credit, Income Support, Income-based Jobseekers Allowance, Income-related Employment and Support Allowance, Pension Credit or Housing Benefit ends will mean all children will continue to benefit from the support that BSF provides when their family’s income is in transition.

Allowing Scottish Ministers to pay whoever they consider appropriate on behalf of an entitled person will mean that where it is established that the individual who is receiving BSF on behalf of an entitled child is not using BSF for the benefit of the child, payments can be made to another appropriate person instead so that the entitled child continues to benefit from BSF.

Stakeholders also told us that when circumstances change it can take a while to resolve entitlement with legacy benefits. So a further eight weeks entitlement to BSF when any legacy benefit ends would be helpful. Families in housing which cannot be supported by UC – temporary accommodation, supported or sheltered housing – continue to receive Housing Benefit, a legacy benefit. They are therefore more likely to benefit from this change. On average, households with children tend to spend longer in temporary accommodation and therefore this change may be particularly relevant to children.^[69]

One stakeholder highlighted that more children may also become eligible for BSF as a result of making WTC a qualifying benefit in its own right. This is because in some cases, while the individual responsible for a child may receive WTC they are not responsible for the child for CTC purposes – this could include some kinship carers.

Sex

The latest analysis of client diversity and equalities data^[70] shows that for approved BSF and BSG applications between June 2021 and March 2023:

• 86% (35,835) were from those that identified as women,
• 8% (2,740) as men, and
• less than 1% (20) in another way.

As indicated by the high prevalence of women claiming BSF, poverty and gender are inextricably linked. Women are more likely than men to be in poverty, more likely to access the social security system and more likely to be lone parents.^[71] Women are also less likely to be economically active, making up almost 60% of unpaid carers^[72] resulting in a range of barriers to paid employment and career progression. Typically, when they are in paid employment, women earn less per hour on average than men. In Scotland, the gender pay gap is 12.0%, based on median gross hourly earnings for all employees.^[73] Parenthood is the main contributor to the gender pay gap.^[74] In the UK it has been found that mothers earn 56% as much as fathers on average.^[75] A key reason that parenthood contributes to the overall gender pay gap is that mothers are more likely than fathers to make adjustments to their employment to undertake childcare.^[76] For example, in the UK from April to June 2021:

• 75.6% of mothers compared to 92.1% of fathers were in employment
• 46.7% of mothers compared to 5.6% of fathers (in couple families) were in part-time employment^[77]

As women are more likely to be in receipt of social security payments, they are more likely to be eligible for BSF.

Making WTC a qualifying benefit in its own right will have a positive impact for some women who are pregnant with their first child. At present only those who receive both WTC and CTC are eligible for BSF. As an individual can only receive CTC once they are responsible for a child, individuals who are pregnant and who only receive WTC cannot access BSF to help with the cost of healthy food during their pregnancy. Instead, they will only become eligible for BSF once their child is born. However, if the same individual received UC, they would be eligible even though they would not receive UC Child Element. As part of our stakeholder engagement, we heard that women who are pregnant with their first child are one of the groups who know least about how the social security system works.

Making WTC a qualifying benefit in its own right will mean more low income pregnant persons can benefit from the support provided by BSF. Our Maternal and Infant Nutrition Framework^[78] sets out the crucial role of nutrition during pregnancy and in the early months and years of a child’s life and how important it is in achieving optimal health.

One stakeholder highlighted that making WTC a qualifying benefit in its own right may also help individuals who are receiving WTC but who aren’t responsible for the child for CTC purposes – this could include some kinship carers, who are more likely to be women.^[79]

More women are likely to be eligible for BSF as a result of the removal of the income thresholds as these apply when BSF is paid in relation to a pregnancy. Women are also more likely to be paid BSF on behalf of an eligible child and therefore more women may receive the support that BSF provides as a result of this change. Women are also more likely to benefit from the changes we are making to improve access for young pregnant persons and young parents.

As women are more likely to be eligible for or receive BSF, they are also more likely to benefit from the changes we are making to simplify the eligibility and procedural rules by further aligning them with BSG and SCP.

Pregnancy

In a recent survey by Maternity Action, nearly two-thirds of respondents (64%) said that they worried a lot about money while they were pregnant or on maternity leave and a further third said that they sometimes worried.^[80]

Research by The Food Foundation notes that during pregnancy financial pressures can be heightened and that the affordability of food is a key factor in determining whether individuals are able to access a healthy diet, before and during pregnancy. This is particularly the case if the person is on a low income.^[81] Maternal obesity is associated with the development of gestational diabetes. This can put the mother at greater risk of developing type 2 diabetes later in life.^[82]

A person’s weight and nutritional status at the start of, and during, pregnancy can also impact her child’s health both in childhood and later life. Obesity, undernutrition and malnutrition during pregnancy are associated with risks of obesity and diabetes for the child in later life.^{[83], [84]} Furthermore, a mother’s diet during pregnancy may impact the child’s food preferences, which can have long-term consequences for the child’s diet in later life.^[85]

Unpublished internal analysis carried out by the Communities Analysis Division to inform this EqIA has found that it is likely there are not more than 800 dependants aged 18 or 19 years old giving birth each year. This analysis also found that around 100 children born to mothers aged 16 or younger. Internal unpublished analysis by Social Security Scotland’s Insights and Analysis Team indicates that around 10-20 applications are received every year from under 16 year old parents for BSF.

It is expected that removing the income thresholds will result in an additional 20,000 individuals being eligible for BSF.^[86] This will mean more pregnant persons on low incomes can benefit from the support provided by BSF. Furthermore, pregnant persons who have fluctuating household incomes will be less likely to move in and out of BSF eligibility. As part of our stakeholder engagement, we heard that individuals who lose entitlement due to breaching an income threshold (and who do not fall below the threshold within 12 weeks of losing their entitlement) do not always reclaim when their income drops back below the threshold, resulting in the pregnant person not receiving the support that they are entitled to. Once the income thresholds are removed, pregnant persons will remain eligible for BSF as long as they continue to receive a qualifying benefit. This will provide greater certainty to pregnant persons on low incomes and help to minimise the need for reapplications.

Making WTC a qualifying benefit in its own right will have a positive impact for some individuals who are pregnant with their first child. At present only those who receive both WTC and CTC are eligible for BSF. As an individual can only receive CTC once they are responsible for a child, individuals who are pregnant and who only receive WTC cannot access BSF to help with the cost of healthy food during their pregnancy. Instead, they will only become eligible for BSF once their child is born. However, if the same individual received UC, they would be eligible even though they would not receive UC Child Element until the child is born. As part of our stakeholder engagement, we heard that individuals who are pregnant with their first child are one of the groups who know least about how the social security system works.

Making WTC a qualifying benefit in its own right will mean more low income pregnant persons can benefit from the support provided by BSF. Our Maternal and Infant Nutrition Framework^[87] sets out the crucial role of nutrition during pregnancy and in the early months and years of a child’s life and how important it is in achieving optimal health.

At present, pregnant persons who are under 18 are automatically entitled to BSF, without the need for a qualifying benefit, as long as they meet the residency conditions. This eligibility continues up until the end of the pregnancy, even if the pregnant person turns 18 before the end of the pregnancy. Pregnant persons who are 18 or 19 and a dependant are only eligible for BSF if the individual that they are dependent upon receives a qualifying benefit and – where an income threshold applies – their income is below the applicable threshold. Eligibility ends if they stop being a dependant, if the individual they are dependent upon stops receiving their qualifying benefit or if the individual they are dependent upon breaches the applicable income threshold. Pregnant persons who are 18 or 19 and still dependent on their parent or carer are unlikely to be able to claim a qualifying benefit. They also might not receive financial support from their parent or carer.

We will therefore make pregnant persons who are 18 or 19 and a dependant automatically eligible for BSF. Furthermore, we will extend automatic eligibility so that where the pregnant person turns 18 or stops being a dependant during pregnancy they will remain eligible until they reach the end of their pregnancy. This will ensure that young pregnant persons have access to some financial support during their pregnancy and it will help them to achieve a diet that contains adequate nutrients and energy to allow proper foetal growth and development as well as providing the nutrients needed for maintaining their own health.

This change will also align with BSG where if the pregnant person is under 18 or an 18 or 19 year old dependant, they are automatically eligible as long as they meet the relevant residency conditions.

Making explicit that where they have legal capacity to be paid, entitled young pregnant persons, partners of a pregnant person and parents to an entitled child who is under three can be paid BSF in their own right will help to empower young parents and also mitigate the risk of financial coercion or abuse. Furthermore, this change will make clear that pregnant persons, partners of pregnant persons and parents to an entitled child who are under 16 and who are not dependent upon anyone, are able to access a payment. Where an application is made by the pregnant person, partner of the pregnant person or parent to an entitled child and they are under 16 and lack legal capacity to be paid BSF in their own right, we will seek to make payment to the person with Parental Rights and Responsibilities for them. Where it would not be appropriate to pay the individual with Parental Rights and Responsibilities, we will appoint the person who is responsible for them or another appropriate person.

Furthermore, we will make the individual who a pregnant person is dependent on and the partner of that individual, entitled to receive BSF in their own right so that young parents can have choice in how they access the payment.

This change will align with the approach already taken for BSG Pregnancy and Baby Payment, where if the individual who is or was pregnant is a dependant, they can choose to apply themselves, or have the individual that they are dependent upon or the partner of that individual apply. We took this approach in response to discussions during the original consultation on BSG^[88] which highlighted both the need to empower young parents and the importance of young pregnant persons and parents having the support of an adult in accessing the payment.

Aligning BSF with BSG Pregnancy and Baby Payment in this way will also simplify the rules around who can be eligible for the payments, making it easier to understand who should apply and to access them.

As part of this change, we will expand the current rule which ensures an application from a pregnant person always takes precedence over an application from their partner so that applications from the pregnant person will also take precedence over an application from any other entitled person. This ensures that the pregnant person will always be able to access BSF payments in their own right as it is paid to support their nutrition. One stakeholder highlighted that for pregnant persons in domestic abuse situations ensuring that an application from the pregnant person is prioritised over one from any other entitled person will help mitigate situations of financial control. Where multiple applications are received in relation to a pregnancy but no application is made by the pregnant person themselves, the amendment regulations will provide Scottish Ministers with the power to decide who should be awarded BSF, having regard to the circumstances of the pregnant person. Furthermore, when either the partner of the pregnant person or the individual that the pregnant person is dependent upon or the partner of that individual is being paid BSF, the regulations state that they are only entitled if they are using BSF for the benefit of the pregnant person. If it is established that they are not using BSF for the benefit of the pregnant person, they are not eligible to receive BSF.

Allowing Scottish Ministers to pay whoever they consider appropriate on behalf of an entitled person will mean that once the child is born, young parents who are dependants will still be able to have the individual that they are dependent upon or the partner of that individual receive BSF on behalf of their child. To mitigate risks of financial abuse and ensure that the child benefits from the BSF being paid on their behalf, Scottish Ministers will also have the ability to cease making payments to this individual if it is no longer considered appropriate to do so.

Making explicit that payment can be made in another form will put beyond doubt that very young pregnant persons and parents can access BSF in their own right, as there is a lower age threshold which is applied to the prepaid card.

The changes will also mean that pregnant persons and new mothers who receive legacy benefits will continue to be entitled to BSF for eight weeks when entitlement to a legacy benefit ends.

Stakeholders also told us that when circumstances change it can take a while to resolve entitlement with legacy benefits. Those in receipt of legacy benefits are more likely to be pregnant and not have any young children as the birth of a new child can trigger the transition to UC. So a further eight weeks entitlement to BSF when any legacy benefit ends. would likely be particularly helpful for pregnant persons. Furthermore, stakeholders told us that they continue to work with a considerable number of clients who have not yet transitioned to UC and the further eight weeks of entitlement to BSF when legacy benefits end would also help smooth the transition when this happens. As the birth of a new child can trigger this transition, this is likely to be particularly relevant to pregnant persons.

Aligning the eligibility criteria for partners of pregnant persons with pregnant persons, will align with the approach taken for BSG Pregnancy and Baby Payment. By changing the rules for BSF to align with BSG we will simplify the rules around who can be eligible for the payments, making it easier to understand who should apply and to access them.

Other changes we are making to further align eligibility and procedures for BSF with BSG and SCP are expected to make entitlement simpler to understand and therefore make it easier to access BSF, supporting increased take-up. As pregnant persons benefit directly from the support BSF provides, they are more likely to benefit from these changes. Stakeholders also told us that for single parents who are pregnant it can be a frightening time as they are alone and may be facing a range of other issues such as housing and domestic abuse so aligning eligibility and processes for BSF is likely to be particularly helpful for this group.