Care Leaver Payment (Scotland) Regulations 2026: equality impact assessment

Stage 1: Framing

Results of framing exercise

In this EQIA we looked at published evidence available and gathered so far under the protected characteristics as listed within the Equality Act 2010: Age, Disability, Sex, Pregnancy and Maternity, Gender Reassignment, Sexual Orientation, Marriage or Civil Partnership, Race and Religion or Belief.

Age

• The intended cohort for the Care Leaver Payment is for those who cease to be looked after on or after their 16^th birthday and those who are no longer in Continuing Care. Eligible young people will be between the ages of 16-21 (as continuing care continues until age 21), although some may receive their payment after the age of 21 (by the time the delivery vehicle makes the payment).
• Young people who are looked after under the age of 16 will not be considered eligible until they cease to be looked after following their 16^th birthday, as per the Children (Scotland) Act 1995.
• Retrospective payments will not be made which will have unintended consequences for young people leaving care prior to the Care Leaver Payment being introduced on 1 April 2026 although it was felt that this is justified as the payment is to help as a young person leaves care and moves into independent living and for those people who have left care prior to 1^st April 2026, this transition has already taken place.

Disability

• The current intention is that the payment will be automatically granted to young people, following conversations with their social worker about timing and what best meets their needs.
• The design of the service by local authorities will need to take into account different communication styles, including accessibility for people who are blind / visually impaired as current understanding is that communication will primarily come in the form of emails or letters.

Sex

• Whilst there is a larger proportion of male (54%) young people who were looked after than female (46%), sex will not impact on a young person’s ability to be eligible for and receive the payment.

Pregnancy and Maternity

• We have not identified any particular barriers resulting from our policy approach which may affect people with the protected characteristic of pregnancy and maternity.

Gender reassignment

• We have not identified any particular barriers resulting from our policy approach which may affect people with the protected characteristic of gender reassignment.

Sexual Orientation

• We have not identified any particular barriers resulting from our policy approach which may affect people with the protected characteristic of sexual orientation.

Marriage or Civil Partnership

• We have not identified any particular barriers resulting from our policy approach which may affect people with the protected characteristic of marriage or civil partnership.

Race

• We have not identified any particular barriers resulting from our policy approach which may affect people with the protected characteristic of race.
• The current intention is that Unaccompanied Asylum Seeking Children and Young People will be able to receive the payment, provided they were looked after by a Scottish local authority on or after their 16^th birthday, appropriate measures will be required to ensure that these young people are supported.

Religion or belief

• On 31st July 2020, of the estimated 14,458 children who were looked after in Scotland, 11.8 per cent were recorded as having a religion, while 26.1 per cent had no religion. However, the majority of children, 62.1 per cent, had an unknown religion19 .
• While the provisions in the CLP regulations will have no adverse impact on care leavers regardless of their religion or belief, the Scottish Government understands that ensuring equality of access and support for children and young people of all religions is essential.
• In relation to the sector as a whole, understanding religion and the importance of maintaining cultural links for looked after children and young people is vital.

Extent/Level of EQIA required

It is likely that the Care Leaver Payment will have a proportionate impact on people with protected characteristics, however, it is expected that this will have a positive impact on eligible young people.

Consultation has been carried out with the general public, via a public consultation from November 2023 – January 2024, with further targeted consultation undertaken in Spring 2025.

Following the results of the framing exercise, it was determined that a full EQIA was required.