Schedule 1 of the BSG regulations
1. We have proposed that applicants must be habitually resident in Scotland to qualify. Do you agree with this approach?
Please explain your answer.
The draft regulations require that, to qualify for a BSG:
• the applicant is habitually resident in Scotland
• the applicant is either not a “person subject to immigration control” (a UK
immigration law concept); or is in a group who can claim social security
benefits in spite of that status.
These rules are like the current reserved rules and are consistent with the residence test for the qualifying benefits for the BSG. We agree this may make sense in most situations but feel some flexibility should be given on this criterion, for example an appeal on habitual residency can take months, so when HR is awarded a claim should be allowed out with the Best Start application window.
Thought should be given to whether the time - limit for applications could be extended
until the result of appropriate UK benefit applications or challenges has been concluded. At the moment, a second application for SSMG can be made in certain cases where entitlement to relevant benefits is established after the initial deadline for an application.
• the applicant is habitually resident in Scotland
• the applicant is either not a “person subject to immigration control” (a UK
immigration law concept); or is in a group who can claim social security
benefits in spite of that status.
These rules are like the current reserved rules and are consistent with the residence test for the qualifying benefits for the BSG. We agree this may make sense in most situations but feel some flexibility should be given on this criterion, for example an appeal on habitual residency can take months, so when HR is awarded a claim should be allowed out with the Best Start application window.
Thought should be given to whether the time - limit for applications could be extended
until the result of appropriate UK benefit applications or challenges has been concluded. At the moment, a second application for SSMG can be made in certain cases where entitlement to relevant benefits is established after the initial deadline for an application.
2. There are two alternative responsibility tests set out in the consultation:
Please explain your answer.
We are very pleased to see that the regulations do not include making the
maternity and new baby grant conditional on the applicant receiving advice
from a health professional, in the same way as the SSMG is. We agree with the government that the requirement for a midwife signature would be a barrier to on-line applications.
The Scottish Government sets out two different tests to establish who has responsibility
for the child. The first involves receipt of Child Benefit and, where relevant, a care order while the second test is based on receipt of either Universal Credit or Child Tax Credit, or Child Benefit.
OPFS believes Test 2 is better in that it is more robust and open to a wider number of families in need. It should also cover parents with an underlying entitlement to Universal Credit.Moreover the person claiming UC/CTC lneeds to be resident in the home with a child before a payment of CTC or UC is made.
Many single parent kinship carers OPFS supports do not have formal care arrangements We would propose that more thought is given to enabling that, wherever possible, all informal kinship carers are able to qualify
For example some councils enable kinship carers who do not have a formal order in place to advise social work of the arrangement, which enables them to receive other passported benefits.
maternity and new baby grant conditional on the applicant receiving advice
from a health professional, in the same way as the SSMG is. We agree with the government that the requirement for a midwife signature would be a barrier to on-line applications.
The Scottish Government sets out two different tests to establish who has responsibility
for the child. The first involves receipt of Child Benefit and, where relevant, a care order while the second test is based on receipt of either Universal Credit or Child Tax Credit, or Child Benefit.
OPFS believes Test 2 is better in that it is more robust and open to a wider number of families in need. It should also cover parents with an underlying entitlement to Universal Credit.Moreover the person claiming UC/CTC lneeds to be resident in the home with a child before a payment of CTC or UC is made.
Many single parent kinship carers OPFS supports do not have formal care arrangements We would propose that more thought is given to enabling that, wherever possible, all informal kinship carers are able to qualify
For example some councils enable kinship carers who do not have a formal order in place to advise social work of the arrangement, which enables them to receive other passported benefits.
3. We have proposed that qualification by UC should be an award of more than £0 in the month before or the month in which the application is made.
Please explain your answer.
BSG payments will be made to people who have been correctly awarded a
qualifying DWP or HMRC payment, people who are dependent on someone who has
been awarded a a qualifying payment or who are under the age of 18. Qualifying
payments are listed in the consultation document.
We agree with CPAG that believe that maternity allowance should also be a qualifying benefit where the claimant does not have a partner. Maternity allowance is generally paid to women in low paid, insecure employment during the maternity period. If these women are single and not eligible to receive help with housing costs (and therefore not in receipt of UC or HB) they would not currently be eligible for a Best Start Grant.
We also think recipient of Council Tax Reduction should be a qualifying benefit. We still see in work poverty in families who don’t get UC and at moment don’t get HB but get CTR.
This would take into account students and families affected by the Benefit Cap.
qualifying DWP or HMRC payment, people who are dependent on someone who has
been awarded a a qualifying payment or who are under the age of 18. Qualifying
payments are listed in the consultation document.
We agree with CPAG that believe that maternity allowance should also be a qualifying benefit where the claimant does not have a partner. Maternity allowance is generally paid to women in low paid, insecure employment during the maternity period. If these women are single and not eligible to receive help with housing costs (and therefore not in receipt of UC or HB) they would not currently be eligible for a Best Start Grant.
We also think recipient of Council Tax Reduction should be a qualifying benefit. We still see in work poverty in families who don’t get UC and at moment don’t get HB but get CTR.
This would take into account students and families affected by the Benefit Cap.
4. We have proposed that in cases where the parent is under the age of 16, or is 18 or 19 and the grandparent (or another carer) is still in receipt of tax credit or UC because the parent is in training or non-advanced education, the grandparent or carer will be the eligible person.
Please explain your answer.
OPFS support the regulation providing that all expectant parents under 18yrs
will be considered eligible for BSG without requiring a qualifying benefit. This is an
improvement on the Sure Start Grant.
However, there appears to be a potential issue in how young parents can receive the payment. The current proposal is to make the payment via the baby’s grandparent/carer, rather than directly to the new parent. We are concerned that this may not be empowering for the new parent and feel option should be pursued so the parent can receive the BSG payment directly for their child.
will be considered eligible for BSG without requiring a qualifying benefit. This is an
improvement on the Sure Start Grant.
However, there appears to be a potential issue in how young parents can receive the payment. The current proposal is to make the payment via the baby’s grandparent/carer, rather than directly to the new parent. We are concerned that this may not be empowering for the new parent and feel option should be pursued so the parent can receive the BSG payment directly for their child.
Request for a re-determination
7. Can you identify any gaps in the regulations?
Please explain your answer.
We would like clarification regarding situations where for example a father claims Child Benefit and Best Start Grant and the couple split up because of dometic and financial abuse , how we can prevent the 2nd payment going to father ?
Further clarification would be helpful if for example a Single Parent is working full-time and is not in receipt of a qualifying benefit but she loses her job (sps are often in temp jobs) and is just outside the application window; or if for example a single parent was only recently part of a couple with 2 incomes , they split up and s/he wishes to apply but is just outside window for redetermination.
There are 3 staged payments – a couple applies but the mother never receives the money for child – the parents split up due to abuse including financial abuse but the parent with care is denied making a second claim for the same child
Further clarification would be helpful if for example a Single Parent is working full-time and is not in receipt of a qualifying benefit but she loses her job (sps are often in temp jobs) and is just outside the application window; or if for example a single parent was only recently part of a couple with 2 incomes , they split up and s/he wishes to apply but is just outside window for redetermination.
There are 3 staged payments – a couple applies but the mother never receives the money for child – the parents split up due to abuse including financial abuse but the parent with care is denied making a second claim for the same child
8b. We have proposed that a BSG re-determination should be processed within 15 working days of receipt of a request.
Please give reasons for your response.
The regulations say ‘if there is a failure to make the re-determination within the 15 day period, the individual will be informed that they have the right to appeal to the First-tier Tribunal against the original determination.’ We believe the regulations should say :
‘ If there is a failure to make the re-determination within the 15 day period, the individual
will be informed that unless they opt out their case will go to appeal to the First-tier Tribunal against the original determination.’
‘ If there is a failure to make the re-determination within the 15 day period, the individual
will be informed that unless they opt out their case will go to appeal to the First-tier Tribunal against the original determination.’
Impact Assessments
10. Are you aware of any impacts on children’s rights and wellbeing which are not identified here?
If yes, please explain.
We feel it’s important to highlight the link between the child and the parent who holds the money. Will the money go to the child ?
About you
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One Parent Families Scotland