Draft Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026

Kirsty McNeill Excerpts

Tuesday 20th January 2026 General Committees

[The Parliamentary Under-Secretary of State for Scotland (Kirsty McNeill)]

I beg to move,

That the Committee has considered the draft Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026.

It is a pleasure to serve under your chairship, Sir Christopher. The draft order was laid before the House on 8 December, and I am grateful for the opportunity to debate it. As with all the Scotland Act orders we have considered since the start of this Parliament, this one is the result of collaborative working between the UK and Scottish Governments.

The order will be made under section 104 of the Scotland Act 1998 which, following an Act of the Scottish Parliament, provides the power for consequential provisions to be made in respect of the law relating to reserved matters or the laws elsewhere in the UK. Scotland Act orders are a demonstration of devolution in action, and I am pleased to say that the Scotland Office has taken through 12 orders since the Government came to power in July 2024.

The Scotland Act 2016 devolved responsibility for certain social security benefits, and employment support, to the Scottish Parliament. This included carer’s allowance, which the Scottish Government replaced with the carer support payment in 2023. This order was introduced to make provisions in consequence of further changes that the Scottish Government have made to their carer support payment. The Scottish Government requested the order, and the UK Government worked collaboratively with them on the draft, showcasing devolution in action.

The order makes amendments to the relevant UK and Northern Ireland legislation as a consequence of the Carer’s Assistance (Miscellaneous and Consequential Amendments, Revocation, Transitional and Saving Provisions) (Scotland) Regulations 2025, which were made on 6 November 2025 and will come into force, in respect of the provisions relevant to this order, on 15 March 2026.

The Scottish Government’s regulations introduce additional support—the carer additional person payment—for those who receive carer support payment and care for more than one person; extend support for carers from eight to 12 weeks after the death of the person they care for; and introduce a new Scottish carer supplement which, for most carers, will replace the carer’s allowance supplement that is currently paid under section 81 of the Social Security (Scotland) Act 2018. The order will ensure that the Scottish Government’s changes to the carer support payment are reflected in reserved benefits.

In summary, the order makes consequential amendments to UK legislation to reflect the introduction of changes to the carer support payment in Scotland. It is an example of devolution in action, it is about the UK Government working with the Scottish Government to deliver for the people of Scotland, and it reflects the continued strong co-operation between the Scottish and UK Governments.

--- Later in debate ---

[Kirsty McNeill]

I thank Members for their contributions. I not only thank the hon. Member for West Aberdeenshire and Kincardine for his support for the technical nature of the change, but note and share his view that the Scottish Government are indeed incredibly careless with taxpayers’ money. I would go further and say, on behalf of the Labour Government, that they are addicted to wasting money. That point is noted and is a point of agreement between us. I thank the hon. Member for Mid Dunbartonshire for her party’s support for the changes.

This instrument demonstrates the UK Government’s continued commitment to work with the Scottish Government to deliver for Scotland. I commend the draft order to the House.

Question put and agreed to.