Scottish Government policy of scrapping the two child benefit cap documentation: FOI release

Information requested

1. Please provide all communications in calendar year 2025 on the SG policy of scrapping the two child benefit cap in 2026.

2. Please provide all minutes of meetings in calendar year 2025 on the SG policy of scrapping the two child benefit cap in 2026.

Response

I enclose a copy of some of the information you requested.

While our aim is to provide information whenever possible, in this instance we are unable to provide some of the information you have requested because exemptions under sections s.12 (excessive cost of compliance), s.29(1)(a) (policy formulation) and s.38(1)(b) (personal information) of FOISA apply to that information. The reasons why these exemptions apply are explained below.

While our aim is to provide information whenever possible, in this instance the costs of locating, retrieving and providing the information requested in the first part of your request would exceed the upper cost limit of £600. Under Section 12 of FOISA public authorities are not required to comply with a request for information if the authority estimates that the cost of complying would exceed the upper cost limit, which is currently set at £600 by Regulations made under section 12.

​​​​​​​You may, however, wish to consider reducing the scope of your request in order that the costs can be brought below £600. For example, you could specify the subject matter(s) of the communications on the two child benefit cap you are interested in or give a narrower timescale as this would allow us to limit the searches that would require to be conducted. You may also find it helpful to look at the Scottish Information Commissioner's 'Tips for requesting information under FOI and the EIRs' on his website at: http://www.itspublicknowledge.info/YourRights/Tipsforrequesters.aspx.

​​​​​​​We have considered these two requests as distinct from each other in order to supply you with some of the information you requested in the second half of your request. These are subject to the non-cost related exemptions listed above.

​​​​​​​The exemption s.29(1)(a) is subject to the 'public interest test'. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption. We recognise that there is some public interest in release because there is significant public interest in the two child benefit cap and transparency in government is of paramount importance. However, this is outweighed by the public interest in allowing policy makers and Scottish Ministers to openly discuss options and potential pathways to delivery, as well as any potential risks.​​​​​​​

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.

FOI 202500480919 - Information Released - Annex

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