
1 

(1) These Regulations may be cited as the Social Security (Miscellaneous Amendment) (Scotland) Regulations 2025 and come into force on 23 June 2025.
(2) These Regulations extend to Scotland only.
2 

(1) The Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 10(1A)(a)(i) (meaning of “dependant”), omit “child tax credit,”.
(3) In regulation 11 (meaning of references to specified kinds of assistance), omit paragraphs (a) and (g).
(4) In schedule 1 (procedural matters), in paragraph 6(3)(a) (multiple applications in respect of the same child), omit “child tax credit,”.
3 

(1) The Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2 (general interpretation), omit the definition of “child tax credit”.
(3) In regulation 5(2)(a)(i) (meaning of “dependant”), omit “child tax credit,”.
(4) In regulation 6(4) (entitlement – general), for “10(1)(a)” substitute “10(1)(c)”.
(5) In regulation 10 (kinds of assistance)—
(a) in paragraph (1), omit sub-paragraphs (a) and (b),
(b) in paragraph (3), omit the definition of “working tax credit”.
4 

(1) The Funeral Expense Assistance (Scotland) Regulations 2019 are amended in accordance with paragraph (2).
(2) In regulation 10(1) (qualifying benefits), omit sub-paragraphs (d) and (e).
5 

(1) The Scottish Child Payment Regulations 2020 are amended in accordance with paragraphs (2) to (4).
(2) In regulation 12(2)(a)(i) (meaning of “dependant”), omit “child tax credit,”.
(3) In regulation 14 (meaning of references to specified kinds of assistance), omit paragraphs (a) and (g).
(4) In the schedule (procedural matters)—
(a) in paragraph 5(4)(a) (multiple determinations involving the same child), omit “child tax credit,”,
(b) for paragraph 22 (first-tier tribunal’s power to determine entitlement) substitute—“
22. 

(1) In an appeal under paragraph 19 (right to appeal to the First-tier Tribunal against determination) against a determination of an individual’s entitlement to a Scottish child payment, the First-tier Tribunal may—
(a) uphold the determination, or
(b) make its own determination of the individual’s entitlement to a Scottish child payment.
(2) In exercising its power under sub-paragraph (1), the First-tier Tribunal—
(a) must not take into account any circumstances which did not exist at the relevant time, but
(b) may take into account circumstances which existed but were not known at the relevant time.
(3) In sub-paragraph (2), “the relevant time” means the time at which the individual’s entitlement fell to be determined by the Scottish Ministers in making the original determination under paragraph 3 (duty to make a determination of entitlement) in relation to that entitlement.”.
6 

(1) The Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 are amended in accordance with paragraph (2).
(2) In schedule 2 (procedural matters: carer’s allowance supplement), for paragraph 12 (first-tier tribunal’s power to determine entitlement) substitute—“
12. 

(1) In an appeal under paragraph 9 (right to appeal to the First-tier Tribunal against determination) against a determination of an individual’s entitlement to a carer’s allowance supplement, the First-tier Tribunal may—
(a) uphold the determination, or
(b) make its own determination of the individual’s entitlement to a carer’s allowance supplement.
(2) In exercising its power under sub-paragraph (1), the First-tier Tribunal—
(a) must not take into account any circumstances which did not exist at the relevant time, but
(b) may take into account circumstances which existed but were not known at the relevant time.
(3) In sub-paragraph (2), “the relevant time” means the time at which the individual’s entitlement fell to be determined by the Scottish Ministers in making the original determination under regulation 5 (determination of entitlement to a carer’s allowance supplement for individuals resident outside Scotland) in relation to that entitlement.”.
7 

(1) The Social Security Information-sharing (Scotland) Regulations 2021 are amended in accordance with paragraph (2).
(2) In regulation 4(3)(g)(i) (use of information supplied by the Scottish Ministers), for “regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 (provision of additional financial assistance towards meeting housing costs)” substitute “Part 5 of the Social Security (Scotland) Act 2018 (discretionary housing payments)”.
8 

(1) The Winter Heating Assistance (Low Income) (Scotland) Regulations 2023 are amended in accordance with paragraph (2).
(2) In regulation 4(3) (eligibility rules for winter heating payment), omit sub-paragraph (d).
9 

(1) The Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024 are amended in accordance with paragraph (2).
(2) In regulation 2 (interpretation)—
(a) omit the definition of “child tax credit”,
(b) in the definition of “relevant benefit” omit paragraph (f), and
(c) omit the definition of “working tax credit”.
10 
Despite regulation 2, the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018 continue to have effect on and after 23 June 2025 as they did immediately before that date for the purpose of determining entitlement under those Regulations in respect of a date prior to 23 June 2025.
11 
Despite regulation 3, the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019 continue to have effect on and after 23 June 2025 as they did immediately before that date for the purpose of determining entitlement under those Regulations in respect of a period prior to 23 June 2025.
12 
Despite regulation 4, the Funeral Expense Assistance (Scotland) Regulations 2019 continue to have effect on and after 23 June 2025 as they did immediately before that date for the purpose of determining entitlement under those Regulations in respect of a date prior to 23 June 2025.
13 
Despite regulation 5, the Scottish Child Payment Regulations 2020 continue to have effect on and after 23 June 2025 as they did immediately before that date for the purpose of determining entitlement under those Regulations in respect of a period prior to 23 June 2025.
14 

(1) Paragraph (2) applies where the First-tier Tribunal for Scotland has heard evidence in an appeal under paragraph 19 of the schedule of the Scottish Child Payment Regulations 2020 at a hearing before 23 June 2025 and adjourns or continues that hearing to a date on or after 23 June 2025.
(2) Despite the coming into force of regulation 5(4)(b), paragraph 22 of that schedule as it applied immediately before 23 June 2025 continues to apply for the purposes of—
(a) that appeal under paragraph 19 of that schedule,
(b) any onward appeal against the decision of the First-tier Tribunal in that appeal.
15 

(1) Paragraph (2) applies where the First-tier Tribunal for Scotland has heard evidence in an appeal under paragraph 9 of schedule 2 of the Carer’s Allowance Supplement and Young Carer Grants (Residence Requirements and Procedural Provisions) (EU Exit) (Scotland) Regulations 2020 at a hearing before 23 June 2025 and adjourns or continues that hearing to a date on or after 23 June 2025.
(2) Despite the coming into force of regulation 6(2), paragraph 12 of that schedule as it applied immediately before 23 June 2025 continues to apply for the purposes of—
(a) that appeal under paragraph 9 of that schedule,
(b) any onward appeal against the decision of the First-tier Tribunal in that appeal.
16 
In regulations 14 and 15, “hearing” has the same meaning as in rule 1 of the First-tier Tribunal for Scotland Social Security Chamber Rules of Procedure 2018.
SHIRLEY-ANNE SOMERVILLE
A member of the Scottish Government
St Andrew’s House,
Edinburgh
19th June 2025