The Scottish Government published a policy note on 1 April 2022 for the Best Start Foods, Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2022, which amend the rules governing the three payments1.
"The Best Start Foods, Best Start Grants and Scottish Child Payment (Miscellaneous Amendments) Regulations 2022"
On child responsibility, the amending regulations allow an individual to be "responsible" for a child under the Best Start Grant and Best Start Foods rules where they hold a parental order under section 54A of the Human Fertilisation and Embryology Act 2008, which covers surrogacy arrangements. The existing regulations only provided for a section 54 order, which can only be granted to two applicants who are a couple; section 54A allows an equivalent order to a single applicant1.
The definition of a kinship carer is expanded in all three sets of regulations to include the definition in the Looked After Children Regulations 2009, which covers kinship carers who have a direct relationship with the child. The government says this supports the roll out of Scottish Child Payment to under 16s, allowing kinship carers who are not related to the child but are known to them and have a pre-existing relationship to be eligible1. The note adds that ministers are exploring whether to expand the list of agreements that can evidence kinship care, and would notify the Scottish Commission on Social Security if further provision is drafted1.
Social Security Scotland will be able to make a determination without application to award Best Start Grant Early Learning Payment and School Age Payment automatically to people receiving Scottish Child Payment, provided the Scottish Child Payment award is not suspended and the information available indicates the individual is likely to be eligible1. Existing Scottish Child Payment clients will be written to when the regulations come into force, and new recipients will be told in their award letter that they will be considered for auto award when their child enters the relevant window; both letters will signpost Social Security Scotland for those who do not want to be considered1.
The regulations also remove the condition that the child is not looked after by the local authority in residential care for all three Best Start Grant payments, aligning with Scottish Child Payment, so individuals remain eligible to apply where their child is in residential care provided they are still responsible for the child and in receipt of a qualifying benefit1.
New exceptions allow the higher Pregnancy and Baby Payment, currently £606, for a child even where the individual is already responsible for another child, in three cases1:
| Exception | Detail |
|---|---|
| Refugees and resettlement | Individuals granted refugee status, humanitarian protection, or leave under the Afghanistan resettlement schemes or the Ukraine settlement schemes, with a child from before they arrived in the UK |
| Later responsibility | Individuals who first became responsible for a child who is not their own when that child was more than 12 months old |
| Domestic abuse | Individuals forced to leave home with a child due to domestic abuse |
The government says this amendment was prompted by a UK Upper Tribunal decision on Sure Start Maternity Grant, SK and LL v Secretary of State for Work and Pensions, which held that refugees and individuals granted humanitarian protection with pre-flight children, and individuals who have their first child when already responsible for a child who came into their care after 12 months old, should have access to a Sure Start Maternity Grant1.
For Scottish Child Payment, entitlement will begin on the date the application is made or treated as made1. Social Security Scotland will be able to make a lump-sum payment equivalent to up to 12 weeks of Scottish Child Payment where a child to whom a claim relates dies, consistent with Universal Credit run-on provisions1. The existing four week deadline for making payments after receiving an application is removed in favour of payments four weeks in arrears, with the decision letter giving the date of the first payment and the individual then moving onto four weekly cycles1. The government says the current deadline often cannot be met because of the volume of claims, which will increase substantially when the payment rolls out to older children1.
A determination without application will be able to add a child aged 6 and over to a claim, backdating entitlement to no more than four weeks before the day the individual was recognised as responsible for the child and no earlier than the commencement date of the regulations1. Where entitlement stops because the individual no longer receives a qualifying reserved benefit or no longer has responsibility for the child, the 12 week period during which a claim can automatically restart will now begin from the day the change of circumstances took effect; after that period the individual must reapply1. The government says this will not affect most cases, such as Universal Credit claimants whose award drops off for an assessment period, but means a longer delay between a change taking effect and it being notified will require a fresh application1.
Re-determination and appeal deadlines, and deadlines for making an application, will allow discretionary extension where COVID-19 is a factor in the delay. The amendments remove the cross-reference to the Coronavirus (Scotland) Act 2020, which may expire at the end of September 2022, and define coronavirus in new regulation 4 of the Scottish Child Payment Regulations1.
Why it matters for households
The changes affect families in Scotland claiming Best Start Grant and Best Start Foods and Scottish Child Payment, including single parents who have a child through a surrogacy arrangement, kinship carers who are not related to the child, and families whose child is in residential care. The higher £606 Pregnancy and Baby Payment becomes available to some parents who already have another child, in the three circumstances listed above. Payment timing for Scottish Child Payment changes from a four week deadline after application to payment four weeks in arrears, with the first payment date set out in the decision letter. Where entitlement stops and restarts, the 12 week window for automatic restart now runs from the date the change of circumstances took effect, so a longer gap means a new application is needed. The note does not give commencement dates for the individual provisions beyond stating that the regulations come into force and that backdating for children aged 6 and over cannot predate commencement1. The Scottish Government's own guidance for households in Scotland is set out in its help in Scotland pages.
What happens next
Social Security Scotland will write to existing Scottish Child Payment clients when the regulations come into force to tell them they will be assessed for auto award of Best Start Grant Early Learning Payment and School Age Payment when their child enters the relevant window, and new recipients will be notified in their Scottish Child Payment award letter1. The government says it will notify the Scottish Commission on Social Security if further provision is drafted on evidence for kinship care1. The cross-reference to the Coronavirus (Scotland) Act 2020 is removed, and the note states that Act may expire at the end of September 20221.
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