
2023 No. 111
Social Security
The Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2023
Made 23rd March 2023
Coming into force in accordance with regulation 1(2), (3) and (4)

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 13 of the Social Security Act 1988, sections 70(8) and 90 of the Social Security Contributions and Benefits Act 1992 and sections 28(2), 30(2), 31(2), 32(2), 34(2) and 95 of the Social Security (Scotland) Act 2018, and all other powers enabling them to do so.
In accordance with section 97(2) of the Social Security (Scotland) Act 2018, the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
In accordance with section 13(2) of the Social Security Act 1988, they have consulted with the Welsh Ministers.

In accordance with section 96(2) of the Social Security (Scotland) Act 2018, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2023.
(2) Subject to paragraphs (3) and (4), these Regulations come into force on 1 April 2023.
(3) Regulation 4 comes into force on 3 April 2023.
(4) Regulations 2, 3, 6, 7 and 9 come into force on 10 April 2023.
(5) In these Regulations—
 “the Adult Disability Payment Regulations” means the Disability Assistance for Working Age People (Scotland) Regulations 2022,
 “the Adult Disability Payment Transitional Regulations” means the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022,
 “the Best Start Foods Regulations” means the Welfare Foods (Best Start Foods) (Scotland) Regulations 2019,
 “the Best Start Grants Regulations” means the Early Years Assistance (Best Start Grants) (Scotland) Regulations 2018,
 “the Carer’s Allowance Regulations” means the Social Security (Invalid Care Allowance) Regulations 1976,
 “the Child Disability Payment Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021,
 “the Child Winter Heating Assistance Regulations” means the Winter Heating Assistance for Children and Young People (Scotland) Regulations 2020,
 “the Dependency Regulations” means the Social Security Benefit (Dependency) Regulations 1977,
 “the Winter Heating Payment Regulations” means the Winter Heating Assistance (Low Income) (Scotland) Regulations 2023,
 “the Funeral Support Payment Regulations” means the Funeral Expense Assistance (Scotland) Regulations 2019, and
 “the Young Carer Grants Regulations” means the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
Amendment of the Adult Disability Payment Regulations
2 

(1) The Adult Disability Payment Regulations are amended as follows.
(2) In regulation 34 (amount and form of Adult Disability Payment)—
(a) in paragraph (1)(a), for “£61.85” substitute “£68.10”,
(b) in paragraph (1)(b), for “£92.40” substitute “£101.75”,
(c) in paragraph (2)(a), for “£24.45” substitute “£26.90”,
(d) in paragraph (2)(b), for “£64.50” substitute “£71.00”.
Amendment to the Adult Disability Payment Transitional Regulations
3 

(1) The Adult Disability Payment Transitional Regulations are amended as follows.
(2) In regulation 6(1) (amount and form and time of payment of Adult Disability Payment), for “£24.45” substitute “£26.90”.
Amendment of the Best Start Foods Regulations
4 

(1) The Best Start Foods Regulations are amended as follows.
(2) In regulation 10(1) (kinds of assistance)—
(a) in sub-paragraph (a), for “£17,005” substitute “£18,725”,
(b) in sub-paragraph (b)(i), for “£7,920” substitute “£8,717”,
(c) in sub-paragraph (c), for “£328” substitute “£358”,
(d) in sub-paragraph (h), in both places where it occurs for “£660” substitute “£726”.
(3) In regulation 13 (value of benefit)—
(a) in paragraph (1), for “£4.50” substitute “£4.95”,
(b) in paragraph (2)(a), for “£9.00” substitute “£9.90”,
(c) in paragraph (2)(b), for “£4.50” substitute “£4.95”,
(d) in paragraph (3), for “£9.00” substitute “£9.90”.
Amendment of the Best Start Grants Regulations
5 

(1) The Best Start Grants Regulations are amended as follows.
(2) In schedule 2—
(a) in paragraph 6(1) (basic amount of pregnancy and baby grant)—
(i) in head (a), for “£642.35” substitute “£707.25”,
(ii) in head (b), for “£321.20” substitute “£353.65”,
(b) in paragraph 7(1) (multiple pregnancy supplement), for “£321.20” substitute “£353.65”.
(3) In paragraph 4 of schedule 3 (value of early learning grant), for “£267.65” substitute “£294.70”.
(4) In paragraph 5 of schedule 4 (value of school-age grant), for “£267.65” substitute “£294.70”.
Amendment of the Carer’s Allowance Regulations
6 

(1) The Carer’s Allowance Regulations are amended as follows.
(2) In regulation 8(1) (circumstances in which a person is or is not to be treated as gainfully employed) for “£132”, in both places where it occurs, substitute “£139”.
Amendment of the Child Disability Payment Regulations
7 

(1) The Child Disability Payment Regulations are amended as follows.
(2) In regulation 23 (amount and form of Child Disability Payment)—
(a) in paragraph (1)(a), for “£92.40” substitute “£101.75”,
(b) in paragraph (1)(b), for “£61.85” substitute “£68.10”,
(c) in paragraph (1)(c), for “£24.45” substitute “£26.90”,
(d) in paragraph (2)(a), for “£64.50” substitute “£71.00”,
(e) in paragraph (2)(b), for “£24.45” substitute “£26.90”.
Amendment of the Child Winter Heating Assistance Regulations
8 

(1) The Child Winter Heating Assistance Regulations are amended as follows.
(2) In regulation 10(1) (value of child winter heating assistance), for “£214.10” substitute “£235.70”.
Amendment of the Dependency Regulations
9 

(1) The Dependency Regulations are amended as follows.
(2) In paragraph 2B of schedule 2 (increase of carer’s allowance for child dependants – earnings limits)—
(a) for “£255”, in both places where it occurs, substitute “£280”,
(b) for “£34” substitute “£37”.
Amendment of the Funeral Support Payment Regulations
10 

(1) The Funeral Support Payment Regulations are amended as follows.
(2) In regulation 13 (amount of funeral expense assistance)—
(a) in paragraph (1)(b), for “£1,070.60” substitute “£1,178.75”,
(b) in paragraph (4)(b), for “£21.55” substitute “£23.75”,
(c) in paragraph (6), for “£130.65” substitute “£143.85”.
Amendment of the Winter Heating Payment Regulations
11 

(1) The Winter Heating Payment Regulations are amended as follows.
(2) In regulation 9(1) (value and form of winter heating payment), for “£50” substitute “£55.05”.
Amendment of the Young Carer Grants Regulations
12 

(1) The Young Carer Grants Regulations are amended as follows.
(2) In regulation 12(1) (amount and form of young carer grants), for “£326.65” substitute “£359.65”.
Saving provisions
13 
The schedule has effect.
BEN MACPHERSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
23rd March 2023
SCHEDULE
Saving Provisions
Regulation 13
Adult Disability Payment Regulations
1 

(1) This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 11 April 2022 and before 10 April 2023.
(2) Despite regulation 2, regulation 34 of the Adult Disability Payment Regulations continues to have effect on and after 10 April 2023 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Adult Disability Payment Transitional Regulations
2 

(1) This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 11 April 2022 and before 10 April 2023.
(2) Despite regulation 3, regulation 6 of the Adult Disability Payment Transitional Regulations continues to have effect on and after 10 April 2023 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Best Start Foods Regulations
3 

(1) This paragraph applies where an individual’s entitlement to benefit includes an award for the period on or after 1 April 2022 and before 3 April 2023.
(2) Despite regulation 4, regulation 10 of the Best Start Foods Regulations continues to have effect on and after 3 April 2023 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
4 

(1) This paragraph applies where an individual’s entitlement to benefit includes an award for the period on or after 2 July 2022 and before 3 April 2023.
(2) Despite regulation 4, regulation 13 of the Best Start Foods Regulations continues to have effect on and after 3 April 2023 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Best Start Grants Regulations
5 

(1) This paragraph applies where an individual’s application for assistance was made on or after 1 April 2022 and before 1 April 2023.
(2) Despite regulation 5, paragraphs 6 and 7 of schedule 2, paragraph 4 of schedule 3 and paragraph 5 of schedule 4 of the Best Start Grants Regulations continue to have effect on and after 1 April 2023 as they did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
Child Disability Payment Regulations
6 

(1) This paragraph applies where an individual’s determination of entitlement includes an award for the period on or after 11 April 2022 and before 10 April 2023.
(2) Despite regulation 7, regulation 23 of the Child Disability Payment Regulations continues to have effect on and after 10 April 2023 as it did immediately before that date in respect of the period mentioned in sub-paragraph (1).
Child Winter Heating Assistance Regulations
7 

(1) This paragraph applies where an individual is entitled to be paid child winter heating assistance in respect of a qualifying week occurring on or after 1 April 2022 and before 1 April 2023.
(2) Despite regulation 8, regulation 10 of the Child Winter Heating Assistance Regulations continues to have effect on and after 1 April 2023 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).
(3) In this paragraph, “child winter heating assistance” and “qualifying week” have the meanings given in regulation 2 of the Child Winter Heating Assistance Regulations.
Funeral Support Payment Regulations
8 

(1) This paragraph applies where an individual’s application for assistance was made on or after 1 April 2022 and before 1 April 2023.
(2) Despite regulation 10, regulation 13 of the Funeral Support Payment Regulations continues to have effect on and after 1 April 2023 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.
Winter Heating Payment Regulations
9 

(1) This paragraph applies where an individual is entitled to be paid winter heating payment in respect of a qualifying week occurring on or after 25 January 2023 and before 1 April 2023.
(2) Despite regulation 11, regulation 9 of the Winter Heating Payment Regulations continues to have effect on and after 1 April 2023 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled in respect of the qualifying week mentioned in sub-paragraph (1).
(3) In this paragraph, “winter heating payment” and “qualifying week” have the meanings given in regulation 2 of the Winter Heating Payment Regulations.
Young Carer Grants Regulations
10 

(1) This paragraph applies where an individual’s application for assistance was made on or after 1 April 2022 and before 1 April 2023.
(2) Despite regulation 12, regulation 12 of the Young Carer Grants Regulations continues to have effect on and after 1 April 2023 as it did immediately before that date for the purpose of determining the amount of assistance to which the individual is entitled.