Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023: business regulatory impact assessment

Scottish Firms Impact Test

Scottish businesses, including the third sector, responded to the ‘A New Future for Social Security’ consultation during summer 2016. Responses were received from 14 private businesses and 5 business organisations all of which requested that their responses remain anonymous.

Stakeholder events were also run in tandem with the Consultation on Disability Assistance between 5 March and 28 May 2019 to obtain as wide a view as possible on the forthcoming Scottish social security system. Views were received from many different types of interested stakeholder organisations, such as Child Poverty Action Group in Scotland, Citizens Advice Scotland, the Scottish Association for Mental Health, Engender, CEMVO Scotland, Rights Advice Scotland, LEAD Scotland, MND Scotland, National Deaf Children's Society, Royal Blind and Scottish War Blinded, the National Association of Welfare Rights Advisers, Down’s Syndrome Scotland, Royal College of Paediatrics and Child Health, Scotland, One Parent Families Scotland, Children’s Hospices Across Scotland (CHAS), The Poverty Alliance, Epilepsy Scotland and Glasgow Disability Alliance.

These events helped inform the principal legislation we are amending with their responses considered in the context of ensuring any policy introduced, including subsequent amendments, align with the principles of dignity, fairness and respect.

It is expected that the introduction of these regulations could cause minor additional requests for information and support from existing advice services. As the move from Child Disability Payment to Adult Disability Payment is a new journey the small improvements being made in these amendments, may result in a minor new pressure on advice agencies as they become familiar with it. The Scottish Government will continue to engage with the advice services sector as the programme to implement the social security system in Scotland progresses.

Competition Assessment

The Scottish Government does not believe that these amendments will have an adverse impact on the competitiveness of businesses or the third sector in Scotland, the UK, Europe or the rest of the world. They do not directly or indirectly limit the number of suppliers, nor do- they limit the ability of suppliers to compete or reduce suppliers' incentives to compete vigorously. Additionally the Scottish Government does not expect there to be any significant impact on the operational business of local authorities or health boards as a result of introducing these provisions.

Any procurement required to support the administration of new case transfer regulations will be subject to the Public Contracts Scotland (2015) regulations and the Procurement Reform (Scotland) Act 2014, which together provide a national legislative framework for sustainable public procurement which supports Scotland's economic growth through improved procurement practice.

• Will the measure directly or indirectly limit the number or range of suppliers? No
• Will the measure limit the ability of suppliers to compete? No
• Will the measure limit suppliers' incentives to compete vigorously? No
• Will the measure limit the choices and information available to consumers? No

Consumer Assessment

The Scottish Government does not believe that these amendments will have an adverse impact on either eligible people or any other consumer either within Scotland, the UK, or elsewhere in Europe or the rest of the world. They do not directly or indirectly limit the choices of consumers, nor do they limit the ability of consumers to compare the quality, availability or price of goods or services in a market. Furthermore, they will not impact a consumer's ability to understand their rights.

• Does the policy affect the quality, availability or price of any goods or services in a market? No
• Does the policy affect the essential services market, such as energy or water? No
• Does the policy involve storage or increased use of consumer data? No
• Does the policy increase opportunities for unscrupulous suppliers to target consumers? No
• Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these? No
• Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues? No

Test run of business forms

We foresee no need for new business forms as a result of this policy.