Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022: children's rights and wellbeing impact assessment

Background

6. The Social Security (Scotland) Act 2018^[1] (the 2018 Act) sets out the broad framework for the delivery of devolved social security in Scotland. On 1 April 2020, the Scottish Ministers took executive and legal competence for non-means tested disability benefits, including Disability Living Allowance for Children, Disability Living Allowance for Adults, Attendance Allowance and Personal Independence Payment.

7. The Scottish Government is replacing Disability Living Allowance for Children, Personal Independence Payment and Attendance Allowance with new forms of assistance under the 2018 Act. These new benefits will be delivered by Social Security Scotland on behalf of Scottish Ministers. People will have a right to challenge determinations made by Social Security Scotland, including a right to appeal to the First-Tier Tribunal for Scotland's Social Security Chamber.

8. At the transfer of executive competence for disability benefits from the Secretary of State for Work and Pensions to Scottish Ministers on 1 April 2020, the Department for Work and Pensions agreed to continue to deliver Disability Living Allowance in Scotland on behalf of Scottish Ministers under an agency agreement- to any individual who was aged between 16 and 65 on 08 April 2013 when Personal Independence Payment. It was also agreed that the Department for Work and Pensions would halt the programme of managed migration onto Personal Independence Payment for individuals resident in Scotland. However, any individual reporting a relevant change of circumstances, due an award renewal, otherwise requiring an award review or requesting to move would still be invited to apply for Personal Independence Payment until such times as Adult Disability Payment was launched in Scotland. These individuals' awards are referred to as 'Working Age Disability Living Allowance' awards, due to the individuals' age at the time Personal Independence Payment was introduced even though some of these individuals may now be over the state pension age. None of these individuals will be aged under 25.

9. The Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations, therefore, make provision for the transfer of the award of any individual in receipt Working Age Disability Living Allowance to Adult Disability Payment, where an individual wishes to move to Adult Disability Payment or would otherwise be required to apply for Personal Independence Payment.