LegalizeThe Care Leaver Payment (Scotland) Regulations 2026
Made: 11th March 2026
Coming into force: 1st April 2026
The Scottish Ministers make the following Regulations in exercise of the power conferred by section 93A(1) of the Social Security (Scotland) Act 2018[^f00001] and all other powers enabling them to do so.
In accordance with section 93A(10) of that Act, the Scottish Ministers have consulted such persons as they considered representative of individuals who have had experience of being in the care system and such other persons as they considered appropriate.
In accordance with section 96(2) of that Act[^f00002], a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.
In accordance with section 97(2) of that Act[^f00003], the Scottish Ministers have informed the Scottish Commission on Social Security of their proposals, notified the Scottish Parliament that they have done so and made their proposals publicly available by such means as they consider appropriate.
Part 1 — Introduction
Citation and commencement
1
These Regulations may be cited as the Care Leaver Payment (Scotland) Regulations 2026 and come into force on 1 April 2026.
Interpretation
2
In these Regulations—
- “the 1995 Act” means the Children (Scotland) Act 1995[^f00004],
- “care leaver payment” means the financial assistance described in regulation 4,
- “continuing care” is to be construed in accordance with section 26A[^f00005] of the 1995 Act,
- “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00006],
- “looked after” is to be construed in accordance with section 17(6) of the 1995 Act[^f00007],
- “relevant authority” means a responsible authority, or the local authority who made a determination under regulation 7(4),
- “responsible authority” means the local authority which last looked after the individual who is entitled to a care leaver payment under these Regulations.
Part 2 — Entitlement and assistance to be given
Entitlement to care leaver payments
3
- (1) An individual who is described in paragraphs (2) or (3) is entitled to a care leaver payment from the responsible authority.
- (2) An individual who—
- (a) was looked after on or after their 16th birthday,
- (b) ceases to be looked after on or after 1 April 2026, and
- (c) is not in receipt of continuing care.
- (3) An individual who—
- (a) was in receipt of continuing care, and
- (b) ceases to receive continuing care on or after 1 April 2026.
- (4) An individual is not entitled to a care leaver payment if the individual has previously received a care leaver payment.
Value and form of care leaver payments
4
- (1) The value of a care leaver payment is £2000.
- (2) A care leaver payment is to be given as money (subject to paragraphs (3) and (4)).
- (3) The responsible authority may, with the individual’s agreement—
- (a) make the care leaver payment (in whole or in part) in the form of a voucher,
- (b) make the care leaver payment (in whole or in part) to a provider of goods or services on behalf of the individual.
- (4) Where the responsible authority considers that the individual may be at risk of financial abuse, it may make a care leaver payment (in whole or in part) in the form of a voucher.
- (5) In making a decision to which paragraph (4) applies, the responsible authority must—
- (a) have regard to the individual’s circumstances (so far as those circumstances are known to the responsible authority),
- (b) give the individual the opportunity to express their views, and
- (c) have regard to any views expressed by the individual.
Making care leaver payments
5
- (1) Subject to paragraph (2), where an individual is entitled to a care leaver payment under regulation 3, the responsible authority must make the payment as soon as reasonably practicable after—
- (a) where the individual is a person described in regulation 3(2), the date on which the individual ceases to be looked after,
- (b) where the individual is a person described in regulation 3(3), the date on which the individual ceases to receive continuing care.
- (2) The responsible authority may, with the individual’s agreement, make the care leaver payment in two equal instalments.
- (3) Where the care leaver payment is to be made in two equal instalments in accordance with paragraph (2), the responsible authority must—
- (a) make the first instalment as soon as reasonably practicable after—
- (i) where the individual is a person described in regulation 3(2), the date on which the individual ceases to be looked after,
- (ii) where the individual is a person described in regulation 3(3), the date on which the individual ceases to receive continuing care,
- (b) agree with the individual a suitable date on which to make the second instalment.
Part 3 — Procedural matters
Notification of entitlement
6
- (1) Where a responsible authority determines an individual’s entitlement to a care leaver payment, the responsible authority must, as soon as reasonably practicable, notify the individual—
- (a) of the determination,
- (b) of the reasons for it,
- (c) where the individual is entitled to a care leaver payment, how the payment will be made,
- (d) of any other information that the responsible authority considers appropriate.
- (2) The responsible authority must fulfil their duty under paragraph (1) in a way that leaves the individual with a record of the information which they can show to, or otherwise share with, others.
Right to request entitlement determination
7
- (1) An individual, who believes that they are entitled to a care leaver payment but has not been notified in accordance with regulation 6(1), may make a request to a local authority for their entitlement to a care leaver payment to be determined.
- (2) A request under paragraph (1) must—
- (a) be made in such form, if any, as the local authority requires, and
- (b) specify the reasons why the individual believes that they are entitled to a care leaver payment.
- (3) If the local authority, to whom a request under paragraph (1) is made, is not the responsible authority for the individual that local authority must, as soon as reasonably practicable and with the individual’s agreement—
- (a) take reasonable steps to ascertain whether there is a responsible authority for the individual,
- (b) where the responsible authority for the individual is identified, send the request to the responsible authority to make a determination of the individual’s entitlement to a care leaver payment.
- (4) Where no responsible authority for the individual is identified, the local authority to whom the request under paragraph (1) was made must, as soon as reasonably practicable, determine the individual’s entitlement to a care leaver payment.
- (5) Where a local authority determines an individual’s entitlement to a care leaver payment under paragraph (4), the local authority must, as soon as reasonably practicable, notify the individual of—
- (a) the determination,
- (b) the reasons for it,
- (c) any other information that the local authority considers appropriate.
- (6) The local authority must fulfil their duty under paragraph (5) in a way that leaves the individual with a record of the information which they can show to, or otherwise share with, others.
Right to review of entitlement determination
8
- (1) Where a relevant authority determines that an individual is not entitled to a care leaver payment, the individual may request a review of that determination.
- (2) A request under paragraph (1) must—
- (a) be made to the relevant authority who made the determination,
- (b) be made before the end of the day that falls one year after the day on which the individual is notified of the relevant authority’s determination under regulation 6(1) or, as the case may be, 7(4),
- (c) be made in such form, if any, as the relevant authority requires, and
- (d) specify the reasons why the individual believes that they are entitled to a care leaver payment.
Duty to review entitlement determination
9
- (1) On receiving a request under regulation 8(1), the relevant authority must appoint an officer of the relevant authority who was not involved in the determination to which the request relates.
- (2) The officer appointed under paragraph (1) must review the determination as soon as reasonably practicable after receiving the request.
Notification of outcome of review
10
- (1) Where a responsible authority reviews a determination under regulation 9, it must, as soon as reasonably practicable, notify the individual—
- (a) of the outcome of the review,
- (b) where the individual is entitled to a care leaver payment, how the payment will be made,
- (c) of any other information that the responsible authority considers appropriate.
- (2) Where a local authority reviews a determination under regulation 9 it must—
- (a) as soon as reasonably practicable, notify the individual of—
- (i) the outcome of the review,
- (ii) any other information that the local authority considers appropriate,
- (b) where the individual is entitled to a care leaver payment, as soon as reasonably practicable and with the individual’s agreement, send the outcome of the review to the responsible authority.
- (3) Where a responsible authority is sent the outcome of a review in accordance with paragraph (2)(b), it must, as soon as reasonably practicable, notify the individual how the care leaver payment will be made.
- (4) The relevant authority must fulfil their duties under paragraphs (1), (2) or (3) in a way that leaves the individual with a record of the information which they can show to, or otherwise share with, others.
Presumption for purposes of regulations 6(1), 7 (5) and 10
11
- (1) Paragraph (2) applies where a relevant authority is required to notify an individual in accordance with regulations 6(1), 7(5) or 10.
- (2) Where a responsible authority sends information—
- (a) through the postal service, to the last known address the relevant authority has for the individual, or
- (b) by email, to the email address most recently provided to the relevant authority for the purposes of these Regulations,
the individual is to be taken to have received the information 48 hours after it is sent by the relevant authority, unless the contrary is shown.
Obtaining information
12
Where a relevant authority—
- (a) is—
- (i) determining, in accordance with regulation 6(1) or, as the case may be, 7(4) whether an individual is entitled to a care leaver payment, or
- (ii) reviewing a determination in accordance with regulation 9, and
- (b) requires further information in order to satisfy itself about any matter material to that determination,
it may request that the individual provide it with such information as it requires.
Right to a supporter
13
- (1) The relevant authority must comply with an individual’s request to have another person (“a supporter”) present during any discussion relating to a care leaver payment, unless the request is unreasonable.
- (2) The role of a supporter is to support the individual during the discussion, and includes making representations on the individual’s behalf.
- (3) Nothing in this regulation is to be read as requiring the relevant authority to provide or pay for a supporter.
Duty to provide advice and assistance
14
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