Pension Age Winter Heating Payment: Letter To The Scottish Commission On Social Security

Pension Age Winter Heating Payment: Letter To The Scottish Commission On Social Security

Cabinet Secretary for Social Security

Shirley-Anne Somerville MSP

T: 0300 244 4000

E: scottish.ministers@gov.scot

Ed Pybus
Chair
Scottish Commission on Social Security (SCoSS)
Area 1C South
Victoria Quay
EDINBURGH
EH6 6QQ

Sent by email: info@socialsecuritycommission.scot

5 June 2025

By email to: info@socialsecuritycommission.scot

Dear Ed,

I would like to thank SCoSS for your scrutiny report of 3 April 2025 on the draft Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025. I would also like to note my appreciation for SCoSS working with my officials to report on the Amendment Regulations within a shortened scrutiny period, helping to ensure these regulations, and the support that this payment will provide, will be in place for the winter period ahead.

I note the points noted by SCoSS and stakeholders, particularly Age Scotland, whereby concerns have been raised in relation to the lack of consultation on these proposals and I would like to reaffirm my commitment to working with members of the public and stakeholders in the development of policy across Social Security in Scotland.

As you will be aware, the Scottish Government consulted widely on our proposals for Pension Age Winter Heating Payment in winter 2023/24. The UK Government’s announcement to cut Winter Fuel Payments last July, which was taken without any due consultation or discussion with Scottish Ministers or officials, had a significant impact on the associated Block Grant Adjustment for delivering our proposed universal replacement of Winter Fuel Payment. This resulted in Scottish Ministers having to take a difficult decision at pace. It was not practicable at that time to consult further on proposals or expand eligibility criteria due to the significant reduction in budget and the pressured timetable for ensuring legislation was in place for winter 2024/25 so that Scottish pensioners would continue to receive support. At that time, I recognised that many pensioners who required support would no longer receive it, and committed to considering how I could improve Pension Age Winter Heating Payment.

Following the UK Government’s Autumn budget, and confirmation of associated budget in Scotland, Scottish Ministers worked at pace to consider options for delivery of Pension Age Winter Heating Payment in winter 2025/26, as well as mitigations available for winter 2024/25. Scottish Ministers considered the finance available, and concluded £100 payments to those pensioner households not in receipt of a relevant benefit was affordable, and would go some way to supporting those households towards meeting their heating bills throughout the winter. This approach recognises many people who are not entitled to Pension Credit or other low income benefits also require support.

The consultation undertaken during winter 2023/24 on Pension Age Winter Heating Payment provided Scottish Ministers with an understanding of the views on the previously intended policy of universal eligibility, as proposed, prior to the UK Government decision to restrict Winter Fuel Payment eligibility in July 2024. Whilst the Scottish Government will always endeavour to consult on policy, given the pace at which this had to be considered in order to ensure legislation was in place for the forthcoming winter, it has once again not been possible to consult further on these proposals.

I am pleased to inform you that, as set out in the Annex to this letter, the Government has accepted all of SCoSS’s recommendations. I am confident that changes we have made in response to SCoSS’s recommendations helps strengthen our regulations, demonstrates that we are listening and that our decisions are informed by evidence of what is right for older people in Scotland.

As you are aware, following the initial referral of these regulations for scrutiny my officials identified the need to include three updated provisions within the regulations, concerning the ‘opt-out’ and ‘opt-in’ mechanism, an aspect relating to residency, and backdated payment awards, as well as recommending the removal of a provision concerning applications. I understand that my officials have already shared these additional draft provisions with you on an informal basis, and I appreciate the consideration you have already given them in that context. However, I am aware that SCoSS has not yet had the opportunity to provide a formal scrutiny report on these particular provisions.

Unfortunately, due to the tight timescales required to ensure delivery of Pension Age Winter Heating Payment within the current legislative and operational timetable, it has not been possible to give you the time you need to thoroughly review the revised regulations and provide us with a scrutiny report and recommendations before they are laid in Parliament. Nevertheless, before the parliamentary process begins, I would like to provide you with a copy of the updated regulations, including these additional provisions and ask that you to carry out a period of scrutiny as you see fit. I have asked my officials to work closely with the Commission on any recommendations you wish to submit after the regulations have been laid.

I recognise the importance of SCoSS’s independent scrutiny in enhancing the quality and transparency of our social security regulations. In this instance, given you have had sight of the additional provisions and have considered them informally, I hope you will understand the need to proceed in the way proposed to avoid any delay to the timely implementation of the payment.

As you will be aware, minor amendments have been made to the draft regulations, following engagement with SCoSS during the scrutiny period, as well as following identification of areas that would benefit from additional clarity or re-drafting. I have laid these out alongside the Scottish Government’s response to your recommendations in the Annex below.

I remain grateful to Members for the constructive engagement with the Scottish Government, the flexibility you have shown in working with officials at reporting at pace, and your significant contribution to the development of these regulations.

I have also written to the Convener of the Social Justice and Social Security Committee detailing our response to the recommendations.

Shirley-Anne Somerville