Social Security (Amendment) (Scotland) Bill: business and regulatory impact assessment

This business and regulatory impact assessment (BRIA) considers the potential impacts of the Social Security (Amendment) (Scotland) Bill on the public, private and third sector.

Sectors and Groups Affected

The proposed measures will affect people using the services of Social Security Scotland, their appointees and representatives, and people with care experience.

Personal injury lawyers and compensators (including the insurance industry) will be impacted by the compensation recovery proposal specifically.

The following bodies will also be impacted by the proposals:

  • Welfare rights advice services and advocacy services;
  • Social Security Scotland
  • The Scottish Commission on Social Security;
  • Scottish Courts and Tribunals Service (SCTS);
  • First-tier Tribunal for Scotland (Social Security Chamber);
  • The Judiciary

The Bill contains regulation making powers for Scottish Ministers to create two new forms of social security assistance: childhood assistance and care experience assistance. The current intention is that the regulation making power relating to childhood assistance will enable a future change to the legislative footing of SCP while the care experience assistance powers will initially be used to create a scheme to support people leaving care.

The Bill also introduces powers for Scottish Ministers to make provision in regulations prescribing circumstances in which a DWP appointee may be treated as though they had been appointed by Scottish Ministers to act on a client’s behalf, pending an assessment by Social Security Scotland.

There is unlikely to be any immediate significant impact on any sector or groups as a result of these regulation making powers, however there is likely to be impacts in future when Scottish Ministers lay regulations. The impact of any such changes will be quantified as part of the regulation making progress and impacts assessed at that point as required.



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