Disability Living Allowance: agency agreement

5. Delivery of Disability Living Allowance

5.1 Prior to the launch of Child Disability Payment on 26 July 2021, DWP, on behalf of, and as agreed with the Scottish Ministers, continued to process new claims to Disability Living Allowance for Children, whilst the Scottish Government prepared to take new claims to Child Disability Payment, from 26 July 2021, for people resident in Scotland.

5.2 From 26 July 2021, Scottish Ministers have processed and will continue to process new claims to Child Disability Payment across Scotland, their replacement for DWP's Disability Living Allowance for Children.

5.3 From 11 October 2021, and during the term of this Agreement, the existing claims of all Disability Living Allowance for Children claimants resident in Scotland who are eligible are being transferred to Social Security Scotland from DWP, under an agreed programme of case transfer. See paragraph 5.11.

5.4 From 29 August 2022, Scottish Ministers have processed and will continue to process new claims to Adult Disability Payments across Scotland, their replacement for DWP's Disability Living Allowance for working age claimants.

5.4 DWP will, on behalf of and as agreed with the Scottish Ministers, continue to deliver an operational service for people resident in Scotland with existing Disability Living Allowance claims. This operational service will be consistent with the delivery of Disability Living Allowance and its related functions under the same procedures that cover the delivery of Disability Living Allowance paid to people resident in England and Wales. This Agreement covers all people resident in Scotland and in receipt of Disability Living Allowance during the Term of this Agreement.

5.6 For the avoidance of doubt, this means that the Scottish Ministers will not be requesting changes to DWP business as usual arrangements subject to the terms of this Agreement and the Personal Independence Payment Agency Agreement as referenced in Section 4 (Derivation) of this Agreement.

5.7 The delivery of Disability Living Allowance includes delivery of all associated functions such as administration of the award, notifying other parts of DWP that an award of benefit has been made, settling, in part or in full, payments due under an arrangement for the hire or purchase of a vehicle to Motability, handling queries on individual claims and general enquiries, debt recovery action and investigating information that would indicate fraud and/or error has occurred on a claim. This list is not exhaustive.

5.8 Information on DWP Disability Living Allowance can be found in the DWP Decision Makers Guide. This is an approved guide to help Disability Living Allowance Case Managers make decisions. It is a plain English representation of social security law and case law. It can be found on www.gov.uk at

• Decision Makers Guide
• Decision Makers Guide Vol 10 Ch61 - Disability Living Allowance
• Decision Makers Guide Vol 2, Ch7 Part 2 – International Subjects

5.9 Any recent updates and/or amendments to the DWP Decision Makers Guide can be found online.

5.10 From the 1 April 2020 and during the Term, any existing recipients of Disability Living Allowance resident in Scotland who turn 15 years and 7 months, will no longer be invited to claim Personal Independence Payment by DWP when they reach age 16. DWP will, for these claims, continue to establish with a parent or guardian whether an appointee is required and will collect bank payment details where required as per DWP business as usual arrangements. These claims will be transferred to Social Security Scotland by DWP, on a staggered basis, based on the claimant's age, as jointly agreed between DWP and the Scottish Government.

5.11 DWP, in agreement with the Scottish Ministers, will provide for the purpose of transferring Disability Living Allowance claims as follows:

• Existing recipients of Disability Living Allowance for children resident in Scotland will be transferred to Social Security Scotland by DWP, on a staggered basis, based on various selection criteria, as agreed between the parties.
• Persons with an existing award for Disability Living Allowance resident in Scotland will no longer be able to make a claim to DWP for Personal Independence Payment but will remain on Disability Living Allowance until their case is transferred to Social Security Scotland by DWP.
• The claims of all Disability Living Allowance for working age claimants who choose to voluntarily transfer to Adult Disability Payment and claimants with changes in needs, including Special Rules End of Life (SREL) cases, will be transferred to Social Security Scotland from DWP, under an agreed programme of case transfer.
• Persons with an existing award for Disability Living Allowance for Pensioners resident in Scotland will be transferred to Social Security Scotland by DWP, on a staggered basis, based on various selection criteria, as agreed between the parties.

5.12 This agreement relates to Disability Living Allowance as delivered by DWP on behalf of Scottish Ministers, it does not relate to Child Disability Payment or Adult Disability Payment. For the Term of this Agreement, the Scottish Government will maintain parity with DWP rates of Disability Living Allowance as part of the normal uprating cycle.

5.13 For the Term of this Agreement, the Scottish Government will maintain parity with DWP in terms of the eligibility criteria to all Disability Living Allowance claims.

5.14 There will be no difference in the application of debt policy to Disability Living Allowance as delivered in Scotland by DWP, during the Term of this Agreement. This will include, but will not be limited, to recovery methods and rates, hardship considerations, priority order, write-off, and waivers.

5.15 For surveillance matters, under section 8(1) of the Regulation of Investigatory Powers (Scotland) Act 2000 ("the 2000 Act"), individuals holding such offices, ranks and positions as are prescribed, may grant authorisations under sections 6 and 7 of that Act for the use of directed surveillance and covert human intelligence sources respectively. Article 2(2) of, and Schedule 1 to, the Regulation of Investigatory Powers (Prescription of Offices, etc. and Specification of Public Authorities) (Scotland) Order 2010 ('the 2010 Order'), as amended in 2018 and 2020, prescribes the person(s) authorised to grant authorisations. The Scottish Administration, of which Social Security Scotland is a part, is prescribed as a relevant public authority for the purposes of section 8 of the 2000 Act.

5.16 An operational process has been developed and agreed between both parties that reflects the 2010 Order (as amended) that is in force for benefits administered under Agency Agreements.