The Welfare Foods (Best Start Foods) (Scotland) Amendment Regulations 2023.
Summary of Information
The Regulations make changes to the Best Start Foods Regulations which set out the rules and eligibility criteria for Best Start Foods.
The IMA’s legislation monitoring report in respect of the Regulations can be found here.
A summary of the changes made by the Regulations and their aims can also be found on the Scottish Government’s website here.
As part of the changes, the Regulations amend the residence requirement in regulation 9 of the Best Start Food Regulations. The IMA identified that it is unclear, how applicants to the EUSS or joining family members in their first three months of residence in the UK will be eligible.
Summary of actions and evidence
Having carefully considered the issues identified, the IMA asked the Scottish Government to clarify how applicants to the EUSS and to joining family members in their first three months of residence in the UK would be eligible to apply for Best Start Foods.
Officials at the Scottish Government acknowledged that the Regulations do not reflect the terms of the Withdrawal Agreements and will be amended. They have confirmed that in the meantime, such applicants will be treated as eligible to apply, subject to meeting any other requirements because the Agreements have ‘direct effect’.
The Scottish Government has also agreed to provide the IMA with the reassurance needed to ensure that no citizens with rights under the Agreements have been placed at a disadvantage on the basis of the Regulations.
Summary of Decision
The Scottish Government have agreed to undertake the following actions:
- For the Regulations to be amended to make it clear that applicants to the EUSS or joining family members in their first three months of residence in the UK are eligible to apply. (by 31 January 2025)
- The Scottish Government to confirm to the IMA what steps it has taken to ensure that those with rights under the Agreements will not be disadvantaged pending amendment of the Regulations, including providing the IMA with any updates to caseworker guidance and applicant guidance. (by 31 October 2024).
- For the Scottish Government to confirm to the IMA whether any applications in respect of those within scope of the Agreements have been wrongly decided on the basis of the regulations, and if so, what, if any, action has been taken. (by 31 October 2024)
On the basis of the proposed actions that the Scottish Government has agreed to, the IMA believes that the potential concerns identified can be resolved and the issue concluded as an Early Case Resolution.
The IMA will monitor the Scottish Government’s compliance with these actions with a proposed end date of 31 January 2025. An update will be published at the end of the monitoring phase.
