Winter Heating Assistance (Pension Age) (Scotland) Amendment Regulations 2025: Policy Note

Scottish Commission on Social Security - scrutiny of the draft Regulations

Under section 97(2) of the Social Security (Scotland) Act 2018, the Scottish Ministers are required to inform the Scottish Commission on Social Security (SCoSS) of their proposals in relation to regulations made under any section in Chapter 2 of Part 2 to the 2018 Act. The Scottish Ministers provided draft regulations to SCoSS shortly before laying this draft instrument in compliance with section 97(2).

Due to the late change in policy from the UK Government, and the lack of prior consultation with the Scottish Government, this instrument must be laid as a matter of urgency in order for payments to be made on time this winter, and it has therefore not been possible for SCoSS to have the appropriate amount of time to scrutinise and publish a report on the regulations before we lay the regulations in Parliament.

As such we are laying this draft instrument as well as a statement explaining why the Ministers consider it appropriate to lay the regulations without a report from SCoSS having been prepared. The Scottish Ministers will consider that report when it is published . SCoSS has been informed of the urgent nature of these regulations, resulting from the UK Government’s recent decision to expand eligibility to WFPs, and it is content to scrutinise the regulations both before and after the regulations are laid.