Extension of social security timescales in Scotland where delay is as a result of the COVID-19 outbreak

New measures set out in Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday

Social security timescales in Scotland have been extended where a delay is as a result of the COVID-19 outbreak.

The changes are provided for by the Coronavirus (Scotland) Act 2020 that received Royal Assent yesterday. Schedule 7 (introduced by section 8) to the Act amends the Social Security (Scotland) Act 2018 to provide that - 

• late applications for assistance through any of the devolved benefits will be accepted where the lateness is due to coronavirus - in addition, the amendments allow for a late application to be accepted and considered where a person has passed the age limit for assistance, and would otherwise lose their entitlement to assistance, where the application could not be made earlier due to coronavirus;
• reasons relating to coronavirus will be accepted as 'good reasons' for extending the time limit for redeterminations and appeals by one year; and
• the timescale for Social Security Scotland to complete redeterminations is extended by nine weeks on top of the current 16 working days.

NB - Section 11 of the Act provides for the new measures to expire on 30 September 2020 unless the Scottish Parliament extends this date, by way of regulations, to 31 March 2021 or 30 September 2021.

For more information, see Coronavirus (COVID-19): guidance for stakeholders on the Coronavirus (Scotland) Act 2020 from gov.scot

Update (24 August 2020): In force from 29 September 2020, the Coronavirus (Scotland) Acts (Early Expiry of Provisions) Regulations 2020 (SI.No.249/2020) provide for the early expiry of certain provisions in the Coronavirus (Scotland) Act 2020. In relation to social security and the changes outlined above that were introduced by Schedule 7, the explanatory note to the new regulations advises that the provisions 'made amendments to other legislation which are now in force. Accordingly, it is not necessary to retain these provisions...' and the policy note to the new regulations advises that the changes 'are already spent and their expiry will have no impact on the relaxation of timescales for individuals to apply for certain forms of assistance, and to request a re-determination or appeal, when the delay is related to coronavirus-related disruption. The relaxation will continue to benefit individuals whilst there is coronavirus-related disruption.'