Expiry of coronavirus-related social security provisions in Scotland from 30 September 2021

Coronavirus (Extension and Expiry) (Scotland) Act 2021 receives Royal Assent

Provision for the expiry of certain coronavirus-related social security provisions in Scotland has been made with the Coronavirus (Extension and Expiry) (Scotland) Act 2021 having received Royal Assent.

The new Act, that was voted through the Scottish Parliament in June 2021, provides at section 2 for the expiry of provisions at the end of 30 September 2021 relating to -

• 'social security: period for re-determination of entitlement' at paragraphs 1 and 5 of schedule 7 of the Coronavirus (Scotland) Act 2020.
  
  The explanatory note to the 2020 Act outlines that the measures under schedule 7 make provision to modify, and modify the effect of, certain provisions of the Social Security (Scotland) Act 2018 that relate to statutory timescales that are likely to be affected by the coronavirus pandemic, for example in relation to re-determination and appeal deadlines.
   
• carer’s allowance supplement at paragraph 6 of schedule 1 of the Coronavirus (Scotland) (No.2) Act 2020 that provides for an increase in the amount of the supplement.
  
  A new Carer's Allowance Supplement (Scotland) Bill has however been introduced to the Scottish Parliament that makes provision to increase the amount of the supplement in respect of the period from 1 October 2021 to 31 March 2022, and to give the Scottish Government the ability to increase the amount of the supplement in future.

In addition, at section 5, the new Act provides for the Scottish Ministers to have to lay before the Scottish Parliament no later than one month after the day of Royal Assent a report that includes their view of its effect on social security support available for carers, and the support available to persons who are required to self-isolate for a reason relating to coronavirus.

NB - in relation to other areas of social welfare law, the new Act also provides -

• at section 1, for the extension, from 30 September 2021 to 31 March 2022, of provisions including -
  • an increased notice period of six months to protect private and social sector tenants from eviction, up from the pre-pandemic 28-day notice period;
  • an increase in the minimum debt level that an individual must owe before a creditor can make them bankrupt to £10,000, up from £3,000 pre-pandemic; and
  • the ability for hearings across courts and tribunals to be held remotely.
• at section 6, for provisions in relation to reporting on the status of eviction provisions; and at section 7 in relation to reporting on the effect of the new Act on social care services

The Coronavirus (Extension and Expiry) (Scotland) Act 2021 is available from legislation.gov.uk