Committee
Social Justice and Social Security Committee 19 February 2026 [Draft]
19 Feb 2026 · S6 · Social Justice and Social Security Committee
Item of business
Subordinate Legislation
Social Security (Up-rating) (Miscellaneous Amendments) (Scotland) Regulations 2026 [Draft]
Thank you very much, convener, and good morning. I welcome the opportunity to speak to the draft uprating regulations and order.The Scottish Government is clear about the importance of protecting the real value of social security assistance, particularly at a time when household costs remain under pressure. Uprating payments in line with inflation is essential to ensure that support continues to make a meaningful difference in people’s lives.The instruments increase all social security payments by 3.8 per cent, in line with the 12 months to September 2025 consumer prices index rate, which is a leading measure of inflation. The exception is the industrial death benefit, which will increase by 4.8 per cent, which is in alignment with the Department for Work and Pensions and reflects growth in earnings.I take the opportunity to confirm that, following its introduction during 2027-28, the new Scottish child payment premium rate for children under the age of one, which was announced as part of the Scottish budget, will be included in the regulations that we introduce annually to uprate benefits in line with inflation.In addition to increasing the payment rates, the regulations make a number of other changes, such as increasing the earnings limit from £196 to £204 for both carer support payments and carers allowance. This will ensure that carers who are in paid work can continue to access support as wages rise.Other minor changes are intended to update legislation so that it accurately reflects the policy intention or to correct drafting errors. These include amending the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 to clarify the effective date of the end of a carer support award when a client has died and addressing a typographical error in which the year 2026 was unintentionally omitted from a provision.The regulations also amend the Winter Heating Assistance (Pension Age) (Scotland) Regulations 2024 to clarify that each member of a couple should be treated as though they were entitled to the qualifying benefit, to ensure that the original regulations operate as intended for couples.The regulations contain saving and transitional provisions so that the previous values of assistance are still payable in certain circumstances. This includes provisions addressing an issue related to the transitional rate of adult disability in 2025-26, where it was not uprated in the legislation, although it is important to note that people were still paid the correct uprated amount.Subject to parliamentary approval, the increased rates and additional changes will come into effect from April 2026.
In the same item of business
The Convener
SNP
Our next item is consideration of two draft Scottish statutory instruments. The instruments were laid under the affirmative procedure, which means that the P...
The Cabinet Secretary for Social Justice (Shirley-Anne Somerville)
SNP
Thank you very much, convener, and good morning. I welcome the opportunity to speak to the draft uprating regulations and order.The Scottish Government is cl...
The Convener
SNP
Thank you, cabinet secretary. We will now move to questions. Our questions on both instruments will be directed to you, but I reiterate that you are welcome ...
Jeremy Balfour (Lothian) (Ind)
Ind
Good morning. I think that we have had this discussion before, but will the Scottish Government change the legislative basis of the best start foods payment ...
Shirley-Anne Somerville
SNP
In 2025, we extended the legal obligation to uprate in line with inflation so that it applies to all the benefits that are delivered under the Social Securit...
Bob Doris (Glasgow Maryhill and Springburn) (SNP)
SNP
When will the Government next review its options for uprating? The reason I ask is that, as I see from the briefing, the Scottish Commission on Social Securi...
Shirley-Anne Somerville
SNP
I note what the Scottish Commission on Social Security said in its response, but I would say that the work that has been undertaken around that, which has be...
Bob Doris
SNP
So, rather than reviewing the uprating options at a set time in the future, the approach would be to review them when required, based on events and circumsta...
Shirley-Anne Somerville
SNP
Yes. We have looked at the issue more than once since we began the journey in relation to social security. I am certainly content with the position that we h...
Alexander Stewart (Mid Scotland and Fife) (Con)
Con
Good morning. When considering medium-term financial planning, how does the Scottish Government take account of the possibility that inflation might differ f...
Shirley-Anne Somerville
SNP
As the committee is aware, the Government uses the Scottish Fiscal Commission’s independent forecasts for the budget and medium-term financial planning, whic...
The Convener
SNP
Thank you. We now move to formal consideration of motions S6M-20533 and S6M-20602.Motions moved,That the Social Justice and Social Security Committee recomme...
The Convener
SNP
The committee will report on the outcome for both instruments in due course, and I invite the committee to delegate authority to me as convener to approve dr...
The Convener
SNP
I thank the cabinet secretary and her officials for providing evidence today.I suspend the meeting to allow for a change of witnesses.09:11Meeting suspended....