Scottish Welfare Fund - statutory guidance update: child rights and wellbeing impact assessment - April 2025

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children’s rights?

The impact on Children’s rights are Positive. The changes in the guidance are focused on ensuring the guidance is more accessible, that decision makers consider the needs of children/young people, adopt a trust based approach, with a fairer calculation to determine cost of living awards for crisis grants.

8. If you have identified a positive impact on children’s rights, please describe below how the proposal will protect, respect, and fulfil children’s rights in Scotland.

The findings outlined in section 3 show that many of Scotland’s children are growing up in poverty, in households where material deprivation is present and income is not great enough to provide high food security. It further highlights the need and importance of Crisis and Community Care Grants and for the statutory guidance to be clear, easy to understand and accessible for applicants and decision makers – potentially resulting in fairer awards.

The evidence, particularly in the child poverty summary and the SWF annual statistics, points clearly to the fact that a large proportion of people who apply to the SWF live in households with children and that a large amount of these are Crisis Grant awards and applications.

The changes that are being made to the Statutory Guidance are to ensure that it is clearer, easier to understand and more accessible for everyone; including local authority decision makers and members of the public.

We have reviewed the rates to determine low income as currently for those that are not on a qualifying benefit, discretion is used by decision makers to determine this. This approach runs the risk of households with low income but not on a qualifying benefit missing out on an award, including those with children. We also reviewed the methodology to calculate Crisis Grants to ensure they account for cost of living.

Additional text has also been added to the statutory guidance that refers to children with shared care arrangements. These sections are to highlight further to decision makers that a child may be considered a dependent of both parents and that where a child is dependent on an adult, they would usually be receiving child benefit for the child, but this isn’t always the case. As such, it asks decision makers to be mindful that it might not be possible for parents with part-time caring responsibilities to provide evidence of this and a trust-based approach is encouraged. This will have a positive impact on children rights, as it will enable a more positive application journey and reduce stress on a household (particularly relating to expenses in gathering supporting information).

An action included in the action plan was to review the cost methodology to calculate the cost of living award rates to make sure they adequately meet the increased cost of goods and services. This included assessing the removal of the under 25 rate of payment and the maximum daily award rate. We have updated the cost methodology based on the Universal Credit Essentials Guarantee rates.

For applicants who are non-householders (for example those who are generally not responsible for rent, mortgage or primary utility bills) the food and non-alcoholic drinks rate of the UC Essentials Guarantee will be used and pro-rated for the respective number of days.

For applicants who are liable for rent/mortgage/primary household bill etc or applicants who are without accommodation e.g. sofa surfing or sleeping rough, the food and non-alcoholic + Electricity and gas rates of the UC Essentials Guarantee will be used and pro-rated for the respective number of days.

New tables will also be provided in the updated statutory guidance to assist decision makers with determining low income, these thresholds are expected to widen initial eligibility under low income as the rates make positive assumptions, such as not applying the two child limit, assuming that households take up their full local housing allowance rate and taking away the adult under 25 rate. According to the recent annual statistics, more than a third of households receiving an award were families with children^[28]. This change will lead to increased and fairer awards.

In addition, the revised guidance will also make the policy intent clearer, for example, when local authorities move to the priority rating ‘High (most compelling)’ for awards, there must be an impact assessment carried out on how this move could impact child rights and wellbeing. This is to ensure any move to a higher priority rating is informed and includes any mitigatory measures deemed necessary to address any potential negative outcome for children.

Therefore, with reference to the UNCRC requirements, the below are expected to be positively impacted by updating the SWF statutory guidance:

• Article 4 (Implementation of the convention)
• Article 3 (Best interests of the child)
• Article 6 (Life, survival and development)
• Article 18 (Parental responsibilities and state assistance)
• Article 22 (Refugee Children)
• Article 23 (Children with a disability)
• Article 24 (Health and health services)
• Article 26 (Social Security)
• Article 27 (Adequate standard of living)
• Article 31 (leisure, play and culture)

Clearer, more accessible guidance for decision makers and applicants could have a positive direct and indirect impact on children. This is because children and young people aged 16 and over who apply directly and parents of younger children and those who care for them may be more likely to apply for funding they may be entitled to if the guidance is clearer. Local authority decision makers may be able to make more informed decisions as a result of the improved guidance which could potentially benefit families with children.

As such, it is deemed that the changes to the statutory guidance may result in an overall positive impact on children’s rights.

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

No negative impacts on the rights of children have been identified.

Mitigation Record

N/A

10. As a result of the evidence gathered and analysed against all wellbeing indicators, will the proposal contribute to the wellbeing of children and young people in Scotland?

Safe: Yes

Healthy: Yes

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Yes

Respected: Not Applicable

Responsible: Not Applicable

Included: Not Applicable

If yes, please provide an explanation below:

Clearer, more accessible guidance for decision makers and applicants could have a positive impact on children regarding the above wellbeing indicators of Safe, healthy and active. This is because parents and those who care for them may be more likely to apply for funding they may be entitled to if the guidance is clearer as well as applicants directly in the 16-18 age group. Local authority decision makers may be able to make more informed decisions as a result of the improved guidance which could also potentially benefit families with children.

As such, relevant applicants and children in the households of those who may apply for the fund, may be allowed more fortunate circumstances and better health outcomes as a result.

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

The CRWIA will be published on the gov.scot website so those wishing to access it can do so. This CRWIA has been written in, so far as possible, accessible language so those reading it can understand its content and how it impacts upon their rights.