Delegated Powers and Law Reform Committee
Meeting date: Tuesday, May 14, 2024
Official Report 443KB pdf
Contents
- Attendance
- Decision on Taking Business in Private
- Instruments subject to Affirmative Procedure
- Instrument not subject to Parliamentary Procedure
Instruments subject to Affirmative Procedure
Under agenda item 2, we are considering five instruments. An issue has been raised on the following instrument.
Carer’s Assistance (Carer Support Payment) (Scotland) Amendment Regulations 2024 [Draft]
The instrument amends the eligibility criteria for carer support payment, which is a form of assistance for people who provide regular and substantial care to someone who is in receipt of a qualifying disability benefit.
In correspondence with the Scottish Government, which is published alongside the papers for this meeting, the committee queried whether the instrument delivers the policy intention in relation to when a carer is in legal detention for a period, which is that that can still qualify as a “temporary break in care”. The Scottish Government responded that it considers that the regulations are in line with the intended policy and as such, does not plan any corrective action.
The committee considers that the drafting could have the result that, where a carer is in legal detention for a period, that period qualifies as a temporary break in care only if all of the circumstances that are set out in regulation 40(1)(b) of the principal regulations—SSI 2023/302—also apply; that is, that the carer or the cared-for person was an in-patient.
Does the committee wish to draw the instrument to the attention of the Parliament on reporting ground (h), that the meaning could be clearer, in that the instrument could be clearer in that regard?
Members indicated agreement.
Does the committee wish to invite the Scottish Government to reconsider whether any action to address the point would be appropriate?
Members indicated agreement.
Also under this agenda item, no points have been raised on the following instruments.
Scottish Pubs Code Adjudicator (Miscellaneous Listings) Order 2024 [Draft]
Scottish Pubs Code Adjudicator (Duty to Publish Certain Information) Regulations 2024 [Draft]
Tied Pubs (Scottish Arbitration Rules) Amendment Order 2024 [Draft]
Protected Trust Deeds (Miscellaneous Amendment) (Scotland) Regulations 2024 [Draft]
Is the committee content with the instruments?
Members indicated agreement.