A SCOTTISH Tory MSP has been accused of making "skin-crawling" remarks after denying there is a benefits rape clause.

Brian Whittle said its was a political invention to bash his party, and should be seen as an “exemption clause”.

Labour said the comments were "staggering" while the SNP said Mr Whittle had show "total contempt" for rape victims.

The rape clause is an exemption to the two-child cap on tax credits and universal credit.

Mothers who wish to claim benefit for a third child conceived by rape or in an abusive relationship must fill out a form describing their circumstances to qualify.

Critics say it forces the survivors of sex attacks to relive their ordeal to get help.

The SNP MP Alison Thewliss popularised the term ‘rape clause’ after first highlighting the bureaucracy involved in 2015.

Around 200 women, including 10 in Scotland, have applied for money under the clause so far, according to the Department of Work and Pensions.

In an interview with Holyrood magazine, Mr Whittle, a former athlete who is the Scottish Conservatives’ sports spokesman, was asked about unpopularity of the rape clause.

He said: “Well, number one, again, this is where politics is appalling, there is no such thing as a rape clause. That’s an invention. There’s an exemption clause.”

Pressed on whether it was effectively a rape clause, he said: “No, it’s not.”

The South of Scotland MSP went on: “Why don’t we call it a children in care clause?

“Because it’s part of the same thing. I’ll tell you what I think about that, there’s a legitimate debate to be had around the child cap that will never happen because, politically, you wouldn’t be allowed to say what you’ve got to say.

“The term ‘rape clause’ is an invention to beat the Tories with. It’s the invention of another political party.”

Mr Whittle, who has three children, also said a two-child cap on benefits would have no effect on the support for a third child.

"The the child will not [suffer]," he said, adding he had not been approached by constituents struggling with the cost of living.

He also said he was not answerable for Tory policies set at Westminster.    

Labour MSP Mark Griffin said: “This is a staggering interview packed with disgraceful comments from Brian Whittle, with arguments that could have come straight from Esther McVey or Iain Duncan Smith.

“Calling the ‘rape clause’ an invention to attack the Tory party is simply skin-crawling.

“The clause is the product of an unfair cap that was implemented to penalise poor families so George Osborne could hand massive tax cuts to the wealthy.

“Labour across the U.K. will redesign social security - but Holyrood has the powers to defend families from the cap now.

“It’s clear that the Scottish Tories are every bit as nasty as their colleagues down south and are happy to leave the cap in place. The mask has slipped.”

SNP MSP Shona Robison said Mr Whittle illustrated how his party had become detached from the real world and entered a state of denial.

She said: "Brian Whittle has shown total contempt for victims of rape and coercion with his comments, when the reality is that the Tory government has inflicted this policy on low income families. 

"The ‘rape clause’ is not a political invention - it’s an utterly horrific and abhorrent invention of the Tory government, and last year impacted on 190 women who had to fill in the 8 page form to get financial support for their child. 

“It is staggering that Mr Whittle not only fails to understand the reality of Tory welfare cuts, but thinks he shouldn’t be expected to answer for the callous actions and policies of his own party.  He seems to be in total denial about the hardship and misery his own party is causing.

“It is time for the Tories to take responsibilities for their own damaging welfare policies and face up to the real life consequences they are causing their constituents.”