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Social Security (Amendment) (Scotland) Bill

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 and is at Stage 3

Introduced: the Bill and its documents

Overview

The Bill makes changes to the Scottish social security system, including:

  • allowing the Scottish Government to provide care experience assistance and changing the way rules are made for the Scottish Child Payment
  • changing the processes for making decisions about social security assistance in Scotland
  • changing the processes where people must pay back assistance received by mistake, and providing that in certain situations a person’s representative may need to pay back assistance received by the person by mistake
  • allowing information to be gathered for auditing purposes
  • creating a process for some, or all, of a compensation payment to be paid to the Scottish Government to cover the amount of assistance a person has received for the same accident, injury or illness
  • changing the legal form of the Scottish Commission on Social Security and giving it more duties

Why the Bill was created

The Scottish Government introduced the Bill to enhance the Scottish system of social security. It expects the Bill to:

  • improve the experience of people using the services provided by Social Security Scotland
  • deliver increased efficiency and value for money
  • bring into effect the findings of an independent review into the remit and operation of the Scottish Commission on Social Security

Accompanying Documents

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

Accompanying Documents (print versions)

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

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.

Research on the Bill

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

Stage 1: general principles

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.

Timetable for Stage 1

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.

Lead committee examines the Bill

The lead committee for this Bill is the Social Justice and Social Security Committee.

Call for views (closed)

The Social Justice and Social Security Committee held a call for views to help inform its examination of the Bill.

Read the call for views

Meetings of the lead committee

Correspondence: lead committee

Cabinet Secretary for Social Justice - Stage 1 Report Response

Cabinet Secretary for Social Justice's response to the Social Security (Amendment) (Scotland) Bill Stage 1 Report

Social Security (Amendment) (Scotland) Bill

Follow up from the Cabinet Secretary for Social Justice

Forum of Insurance Lawyers - Social Security (Amendment) Scotland Bill

The Forum of Insurance Lawyers provided further information following the meeting on 28 March 2024

Association of British Insurers (ABI) - Social Security (Amendment) Scotland Bill

The Association of British Insurers provided further information following the meeting on 28 March 2024

Social Security (Amendment) (Scotland) Bill

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

Stage 1 report by the lead 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

Work by other committees

Finance and Public Administration Committee


Delegated Powers and Law Reform Committee

Meetings

Report

The Delegated Powers and Law Reform Committee published its report on 26 March 2024.

Read the report

Delegated Powers and Law Reform Committee Correspondence

Social Security (Amendment) (Scotland) Bill response from the Scottish Government

Letter from the Cabinet Secretary for Social Justice to the Convener, 15 February 2024

Social Security (Amendment) (Scotland) Bill

Letter from the Convener to the Cabinet Secretary for Social Justice, 8 February 2024

See a full list of Stage 1 correspondence


Stage 1 Debate and decision

A Stage 1 debate took place on 4 June 2024 to consider and decide on the general principles of the Bill.

  • Motion title: Social Security (Amendment) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Social Security (Amendment) (Scotland) Bill.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 03 June 2024
  • Motion reference: S6M-13464
  • Current status: Taken in the Chamber on Tuesday, 04 June 2024

See further details of the motion


  • Motion title: Social Security (Amendment) (Scotland) Bill: Financial Resolution
  • Text of motion: That the Parliament, for the purposes of any Act of the Scottish Parliament resulting from the Social Security (Amendment) (Scotland) Bill, agrees to— (a) any expenditure of a kind referred to in Rule 9.12.3A of the Parliament’s Standing Orders arising in consequence of the Act, and (b) any charge or payment in relation to which Rule 9.12.4 of the Parliament’s Standing Orders applies arising in consequence of the Act.
  • Submitted by: Shona Robison
  • Date lodged: Friday, 17 May 2024
  • Motion reference: S6M-13176
  • Current status: Taken in the Chamber on Tuesday, 04 June 2024

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 4 June 2024

Stage 2: changes to the Bill

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. 

Timetable for Stage 2

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.

First meeting on amendments

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

Second meeting on amendments

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

Bill as amended at Stage 2

The Bill ended Stage 2 on 26 September 2024

Stage 3: final changes and vote

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. 

Daily list of amendments

MSPs can currently submit amendments ("changes") to the Bill. A daily list of amendments will be published each day that amendments are lodged or withdrawn by MSPs. Following the deadline for amendments, the Marshalled List and Groupings of Amendments will be published to replace the daily lists.

Daily list of amendments for 26 September 2024 (112KB, pdf) posted 26 September 2024

The deadline for amendments will be added when the Stage 3 meeting date is agreed.

Final version of the Bill

The final version of the Bill will be published following Stage 3 proceedings.