The Bill amends the Social Security (Scotland) Act 2018 to make changes to the Scottish social security system.
This is a Government bill
The Bill was introduced on 31 October 2023. Stage 3 ended on 3 December 2024.
The Bill has been passed. Royal Assent is required for it to become an Act.
The Bill makes changes to the Scottish social security system, including:
The Scottish Government introduced the Bill to enhance the Scottish system of social security. It expects the Bill to:
Social Security (Amendment) (Scotland) Bill as introduced (3MB, pdf) posted 31 October 2023
Explanatory Notes (210KB, pdf) posted 31 October 2023
Policy Memorandum (344KB, pdf) posted 31 October 2023
Financial Memorandum (301KB, pdf) posted 31 October 2023
Delegated Powers Memorandum (244KB, pdf) posted 31 October 2023
Statements on legislative competence (110KB, pdf) posted 31 October 2023
Explanatory Notes (380KB, pdf) posted 31 October 2023
Policy Memorandum (419KB, pdf) posted 31 October 2023
Financial Memorandum (388KB, pdf) posted 31 October 2023
Delegated Powers Memorandum (300KB, pdf) posted 31 October 2023
Statements on legislative competence (144KB, pdf) posted 31 October 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Social Security (Amendment) (Scotland) Bill
The Bill was introduced on 31 October 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
On 13 December 2023, Parliament agreed that consideration of the Bill at Stage 1 be completed by 31 May 2024.
On 15 May 2024, Parliament agreed that consideration of the Bill at Stage 1 be extended to 7 June 2024.
The lead committee for this Bill is the Social Justice and Social Security Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The Social Justice and Social Security Committee held a call for views to help inform its examination of the Bill.
Cabinet Secretary for Social Justice's response to the Social Security (Amendment) (Scotland) Bill Stage 1 Report
Follow up from the Cabinet Secretary for Social Justice
The Forum of Insurance Lawyers provided further information following the meeting on 28 March 2024
The Association of British Insurers provided further information following the meeting on 28 March 2024
Cabinet Secretary for Social Justice's response to points raised by the Delegated Powers and Law Reform Committee
See a full list of Stage 1 correspondence for this committee
The Social Justice and Social Security Committee published its report on 14 May 2024.
Social Security (Amendment) (Scotland) Bill Stage 1 Report
The Committee received the following response to its report on 31 May 2024:
Letter from the Cabinet Secretary for Social Justice (242KB, pdf) posted 03 June 2024
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 26 March 2024.
Letter from the Cabinet Secretary for Social Justice to the Convener, 15 February 2024
Letter from the Convener to the Cabinet Secretary for Social Justice, 8 February 2024
A Stage 1 debate took place on 4 June 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 4 June 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
On 11 September 2024, Parliament agreed motion S6M-14418, that consideration of the Social Security (Amendment) (Scotland) Bill at Stage 2 be completed by 4 October 2024.
Documents with the amendments considered and debated at the meeting held on 19 September 2024.
First Marshalled List of Amendments for Stage 2 (323KB, pdf) posted 16 September 2024
First Groupings of Amendments for Stage 2 (826KB, pdf) posted 16 September 2024
Documents with the amendments considered and debated at the meeting held on 26 September 2024
Second Marshalled List of Amendments for Stage 2 (384KB, pdf) posted 23 September 2024
Second Groupings of Amendments for Stage 2 (430KB, pdf) posted 23 September 2024
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Letter from the Chair of the Scottish Commission on Social Security (SCoSS) in relation to a proposed amendment by Jeremy Balfour MSP at Stage 2 of the Social Security (Amendment) (Scotland) Bill.
Letter from Cabinet Secretary for Social Justice to Jeremy Balfour MSP regarding his proposed amendments to the Bill.
Revised Explanatory Notes (388KB, pdf) posted 30 October 2024
Supplementary Delegated Powers Memorandum (212KB, pdf) posted 09 October 2024
Revised Explanatory Notes (548KB, pdf) posted 30 October 2024
Supplementary Delegated Powers Memorandum (250KB, pdf) posted 09 October 2024
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 26 September 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Read additional research done by the Scottish Parliament on the Bill:
Briefing on the Social Security (Amendment) (Scotland) Bill prior to Stage 3
Letter from the Cabinet Secretary for Social Justice, 27 November 2024
Documents with the amendments considered and debated at the meeting held on 3 December 2024.
Marshalled List of Amendments for Stage 3 (295KB, pdf) posted 26 November 2024
Timed Groupings of Amendments for Stage 3 (330KB, pdf) posted 02 December 2024
Read the Official Report of the meeting
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
‘Timed Groupings’ are usually produced at Stage 3 and set out how long Parliament expects to spend debating the groups of amendments.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 117 for, 0 against, 0 abstained, 12 did not vote Vote Passed
See further details of the motion
See further details of the motion
The Bill ended Stage 3 on 3 December 2024