Annex C: Business and Regulatory Impact Assessment (BRIA) summary
1. The Young Carer Grant will help in the promotion of the Economic Strategy and in the delivery of the priorities for sustainable growth. Our assessment of the impact of the Young Carer Grant policy to the five principles of better regulation is as follows:
- Proportionate – The Young Carer Grant will mainly impact clients. The Scottish Government will look to identify and minimise any indirect impacts, for example administrative burdens, on local government, private businesses or third sector organisations as a result of the grant.
- Consistent – The Young Carer Grant builds on the Social Security (Scotland) Act 2018 framework of a new system that is underpinned by dignity, respect and a human rights based approach. The grant will be delivered on an entitlement basis to eligible young people. We will publish guidance on the grant so that it is clear how decisions are being made. There will be provision in place to enable grant decisions to be challenged through internal review in the form of a re-determination of their decision by Social Security Scotland and have the right of appeal to a First-tier Tribunal.
- Accountable – We will ensure that clients understand their right to have their decision re-determined by Social Security Scotland and to request an appeal to the First-tier Tribunal if they remain unhappy with their Young Carer Grant application decision. In addition, the Social Security Charter will be concise and in plain English clearly explain what people are entitled to expect from the new system. Complaints regarding the Social Security Scotland can be directed to the Scottish Public Services Ombudsman.
- Transparent – We will develop a communications strategy for the Young Carer Grant. This will aim to ensure that people who are eligible, the third sector, local government, education sectors and advice providers are aware of the grant, know how to apply and understand the eligibility criteria. We will publish guidance on the grant so that the eligibility is clearly explained. Also under the Carers (Scotland) Act 2016 there is a requirement for local authorities to provide an information and advice service for carers, which includes income maximisation.
- Targeted only where needed – There are at least 11,000 young adults who meet the age requirements for the grant and have a caring role in Scotland. The Young Carer Grant is targeted at young people with significant caring responsibilities to ensure targeted assistance is provided to those most in need. The Scottish Government expects to make approximately 1,700 Young Carer Grant payments per year.
2. Fourteen private businesses and five business organisations responded to the Social Security in Scotland Consultation. Those private businesses and business organisations that responded to the specific question on how the Scottish Government could improve the support given to young people with significant caring responsibilities - beyond what is currently available, were in general agreement that there is a need for additional provision of support for young carers.
3. The Young Carer Grant as a new policy represents an additional spend of approximately £500,000 each year into the Scottish economy and therefore there are likely to be impacts upon businesses. Some people will buy items that they would not have bought without the payment. The impact will likely be dispersed across the country and sectors of the economy.
4. It is expected that the introduction of Social Security Scotland could cause additional requests for information and support from existing advice services. The Young Carer Grant as a new policy may result in additional pressure on advice agencies to become informed. The Scottish Government will continue to engage with the advice services sector as the programme to implement the social security system in Scotland progresses.
5. The Scottish Government does not believe that the Carer's Assistance (Young Carer Grant) (Scotland) Regulations will have an adverse impact on the competitiveness of Scottish companies or the third sector within the Scotland UK, or elsewhere in Europe or the rest of the world. The grant does not directly or indirectly limit the number of suppliers, nor does it limit the ability of suppliers to compete or reduce suppliers' incentives to compete vigorously. Additionally the Scottish Government does not expect there to be any significant impact on the operational business of local authorities or health boards as a result of introducing this provision.
6. Any procurement required to support the administration of the Young Carer Grant will be subject to the Public Contracts Scotland (2015) Regulations and the Procurement Reform (Scotland) Act 2014 which together provide a national legislative framework for sustainable public procurement which supports Scotland's economic growth through improved procurement practice.
Test run of business forms
7. No new business forms will be brought in with the implementation of the proposed legislation.
Legal Aid Impact Test
8. The right to appeal to a First-tier Tribunal is provided for in the Social Security (Scotland) Act 2018. Legal Assistance will continue to be available to individuals to appeal an entitlement decision to the Upper Tribunal, Court of Appeal or Supreme Court.
9. The Scottish Government does not expect any new impact as a result of implementing Young Carer Grant on the legal aid budget, and expects legal assistance through the statutory scheme of Advice and Assistance, and Advice by Way of Representation will continue.
Enforcement, sanctions and monitoring
10. The Scottish Government will set up the Scottish Commission on Social Security, an independent expert body that will scrutinise the Scottish social security system (including benefit regulations) and hold Scottish Ministers to account. As part of their function, they will examine the regulations required for the administration of the Young Carer Grant and produce a report setting out its observations and recommendations in relation to the proposals. This report will be submitted to Scottish Ministers, the Scottish Parliament and made available to the wider public.
11. The Social Security (Scotland) Act 2018 proposes a duty on the Scottish Ministers to publish an annual report on the performance of the Scottish social security system.
12. On-going engagement with key stakeholders will also provide the Scottish Government with an opportunity to monitor the impact of the policy.
13. Audit Scotland will monitor and report on the delivery of the social security system, including Social Security Scotland.
There is a problem
Thanks for your feedback