Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026

Lord Cameron of Lochiel Excerpts

Wednesday 28th January 2026 Grand Committee

[Lord Cameron of Lochiel (Con)]

My Lords, as the Minister has set out, this statutory instrument is technical in nature and its purpose is clear. It makes the necessary consequential amendments to ensure that the Scottish Government’s changes to carer support interact properly with a reserved benefit system. For that reason, we on these Benches will not stand in its way. It is right that new or additional devolved benefits do not lead to unintended knock-on effects elsewhere in the UK system, and this instrument sensibly preserves the agreed approach between the UK and Scottish Governments.

However, although we will not oppose this order, I wish to place on record our ongoing frustration with the Scottish Government’s approach to carer support. The creation of a parallel system, duplicating work already carried out more efficiently and at lower cost by the DWP, adds unnecessary layers of bureaucracy. This continual duplication adds complexity to what should be a simple and accessible system for carers, while also increasing administrative costs and wasting public money. This reflects a broader tendency towards unnecessary bureaucracy, with the bill ultimately falling on Scottish taxpayers.

We have always stood firmly behind carers and recognise the vital role that they plainly play. Our concern is not with supporting carers but with a system that prioritises administrative expansion over efficiency and value for money. For these reasons, although we will of course allow this technical instrument to pass, we remain critical of the wider approach that has made such extensive consequential legislation necessary in the first place.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I thank both noble Lords for their contributions to the debate this afternoon; some very important points were made, even if our time was short. I reiterate the point made by the noble Lord, Lord Cameron, about the vital role that carers play. Although this makes technical amendments, and the approach of the Scottish Government is a decision for them, we should all put on record our genuine thanks for the work that carers do every day to look after some of the most vulnerable in our society.

I turn to the specific points raised by the noble Lord, Lord Bruce. Regarding a clarification on finances, I will write to him so that he has it in writing. My understanding is that he is absolutely right—the core remains the core; it is the additional element—but I will write to him.

He raised a very important point about the strength of the union while we have devolved Administrations. As Noble Lords will be aware—many of us will be on the doorsteps in the coming months—a very important election is coming in Scotland. The noble Lord is absolutely right that the contribution of the British Government can be obscured on such points, when political parties tend to be interesting with their definition of events to make sure that they do well. There is a responsibility on the political parties represented here today to make an argument both for the union and for truth in how the British Government interact with the Scottish Government in the forthcoming elections. We have a proud argument to make. This Government strongly believe in devolution, but we also believe in the strength of the union, as we made clear during the referendum.

I clarify for the noble Lord, Lord Bruce, that the UK Government consider all changes to be in line with the fiscal framework that we have outlined. We may need to review that position if there is deemed to be a significant divergence in the future, such as in the costings associated with this policy.

Both noble Lords made points related to the increasing differences between the carer’s allowance and carer support payments, as well as how those now look across the country. The Scottish Government have designed their own carer benefit to be broadly similar to the carer’s allowance at the outset, with minor differences in the past presence test, enabling some carers to access the carer support payment while studying full-time. The UK Government consider all changes that the Scottish Government make to their social security benefits in line with the fiscal framework.

In this instance, the changes are not considered significant. This Scotland Act order ensures that the carer additional person payment, the Scottish carer supplement, the replacement for the carer’s allowance supplement and the extension to the carer’s support bereavement run-on, which come into force on 15 March 2026, are treated appropriately by reserved and Northern Ireland social security.

The noble Lord, Lord Bruce, also asked an important question about Reform, including any changes that a Reform Administration in Scotland may make and their impact. Obviously, as noble Lords will appreciate, many of us will be campaigning to make sure that that does not happen; I look forward to seeing Anas Sarwar as First Minister. However, devolution means that the Scottish Government are able to design their own benefits. We have to win the elections and convince the electorate to make sure that our view of the world wins in the forthcoming elections, so that we do not necessarily have to worry about some of the things that the noble Lord, who is about to depart, may or may not be saying.