Written question WQ89523

The devolution settlement does not give the Welsh Ministers the powers to implement a scheme along the lines of the Scottish Child Payment.

Paragraph 130 of Schedule 7A to the Government of Wales Act 2006 (as amended by the Wales Act 2017) states ‘social security schemes supported from public funds’ are matters reserved to UK Parliament, on which the Senedd cannot legislate. This specifically includes schemes providing financial assistance for social security purposes and in particular, includes providing assistance to individuals who qualify by reason of old age, survivorship, disability, sickness, incapacity, injury, unemployment, maternity or the care of children or others needing care, who qualify by reason of low income, or in relation to their housing costs.

The Scotland Act 1998 gives the Scottish Government limited powers for elements of social security. As a result, the Scottish Government also receive a Barnett consequential for social security, something that is not available to the Welsh Government under the current devolution settlement.

The Scottish Child Payment was introduced by the Scottish Child Payment Regulations 2020 (as amended), which were made under section 79 of the Social Security (Scotland) Act 2018. This provision enables the Scottish Government to top-up a reserved social security benefit, such as Universal Credit or Child Tax Credit.

Broadly the Scottish Child Payment is available to a person living in Scotland who is responsible for a child under the age of 16 (previously the age was 6) and one or both of the parents are receiving certain benefits or payments.