EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for an increase in various values and amounts of forms of assistance payable by virtue of Regulations made under the Social Security (Scotland) Act 2018 and make amendments to the Social Security (Invalid Care Allowance) Regulations 1976, and the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019.

Regulation 2 amends regulation 8(1) of the Social Security (Invalid Care Allowance) Regulations 1976 so that the value of earnings at which a person shall be treated as gainfully employed is increased.

Regulation 13(2) amends regulation 14(1) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 so that the value of the earnings limit (in any award week) for entitlement to carer support payment is increased.

Regulation 13(3) amends schedule 2 (calculation of earnings) of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 so that any remuneration paid to the individual in respect of neonatal care leave is treated as earnings for assessing entitlement to Carer Support Payment.

Regulation 16(2) makes supplementary provision by way of amendment to regulation 8(2) (mobility requirements: higher rate mobility component) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 to specify that it is the individual’s physical condition as a whole that is taken into account when determining whether the individual meets the eligibility condition at regulation 8(2)(a).

The schedule contains saving and transitional provisions so that the previous values of the various forms of assistance are still payable in certain circumstances.

The Regulations come into force on 1 April 2025 with the exception of regulation 13 which comes into force on 6 April 2025, and regulations 2, 9, 10, 11, 14 and 16(3) which come into force on 7 April 2025.