Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023: child rights and wellbeing impact assessment

Key Findings and Policy Aims

Changes to the Child Disability Payment and Adult Disability Payment Regulations which relate to the Child Disability Payment to Adult Disability Payment journey

65. We consider that these amendments will have a positive impact on promoting children’s rights and wellbeing. These changes will positively impact disabled young people who are moving from Child Disability Payment to Adult Disability Payment.

At the moment, this group of young people are entitled to Adult Disability Payment from the date that a determination of entitlement for Adult Disability Payment is made, meaning that they receive their Adult Disability Payment later than those who were not in receipt of Child Disability Payment before becoming entitled to Adult Disability Payment. We are altering the start date of entitlement for Adult Disability Payment so that it begins on the day after the individual’s next Child Disability Payment payment cycle ends, following the Adult Disability Payment determination. Consequently, we are making a small amendment to the Child Disability Payment and Adult Disability Payment Regulations. These amendments are to bring entitlement to Child Disability Payment to an end on the day of their next payment of Child Disability Payment, after a determination of entitlement to Adult Disability Payment has been made, and for entitlement to Adult Disability Payment to begin the day after that Child Disability Payment payment. Terminally ill clients moving from Child Disability Payment to Adult Disability Payment will similarly have their weekly in advance payment cycles maintained.

This change to preserve payment dates will benefit disabled young people moving from Child Disability Payment to Adult Disability Payment as it will provide them with financial continuity, reduce the risk of gaps in payment or overpayments and ease their transition from one form of assistance to another. There are a small and finite number of non-terminally ill clients who also receive their payments weekly in advance as Social Security Scotland have honoured their payment cycle when their award was transferred from the Department for Work and Pensions. These clients will move from a weekly in advance to a four weekly in arrears payment cycle without any break in entitlement, to align with all other ADP applicants. Importantly, this change does not negatively impact on the overall amount a person will receive.

66. Furthermore, there will be extensive support and advice available to individuals undergoing this process. Support will be available through a choice of channels. It will be made clear to all individuals that there are some instances in which it will be an individual’s interests to remain in receipt of Child Disability Payment for as long as possible, and others where they may receive more favourable entitlement to Adult Disability Payment. We will recommend that individuals access independent advice in order to make an informed decision about what is best for them.

67. There is provision in the Child Disability Payment Regulations to extend entitlement to Child Disability Payment to age 19 for those transferring from Disability Living Allowance to Child Disability Payment or those moving to Child Disability Payment following a cross border move. This was included to provide case transfer or cross border individuals, approaching 18 at the time of transfer, sufficient time to make their Adult Disability Payment application before their Child Disability Payment comes to an end. We are now at a point in the case transfer process where we know all Disability Living Allowance for Children recipients over age 16 have been transferred, are receiving appropriate communications about making an application for Adult Disability Payment and have adequate time to submit their Adult Disability Payment application.

68. As such, we are amending this provision to apply only to those who turn 18 on or before 31 December 2023. We are confident this means the extension to age 19 has enabled those individuals who needed additional time to apply for Adult Disability Payment, have had that. Following these amendments all young people who are aged 18 after 31 December 2023, regardless of whether an individual was originally in receipt of Disability Living Allowance or not, will be subject to the same rules regarding receipt of Child Disability Payment over the age of 18. They will all be eligible for Child Disability Payment to continue over age 18 (up to a maximum age of 19) if they have submitted a full application for Adult Disability Payment before they reach 18. Child Disability Payment will then continue until the earlier of the date their Adult Disability Payment commences (or if their Adult Disability Payment application is unsuccessful the date of that determination) or when they reach age 19.

69. Going forwards there is no issue of people not having time to submit an Adult Disability Payment application; these can be made at any point from 15 years and 9 months onwards and Child Disability Payment individuals receive multiple communications regarding when they may want to make an application for Adult Disability Payment in the period between 15 years 9 months and 18 years.

Other Amendments to the Child Disability Payment, Adult Disability Payment, and Adult Disability Payment transitional provisions Regulations

70. We are amending the Child Disability Payment and Adult Disability Payment Regulations to make explicit that the care/daily living component of Child Disability Payment / Adult Disability Payment is restricted to individuals for whom the United Kingdom is the correct state for paying these components. This clarifies the existing legal position, and as such is expected to have no impact.

71. The Child Disability Payment and Adult Disability Payment Regulations are also being amended to make provision to state that, where a Determination Without Application is made on an individual’s entitlement to Adult Disability Payment when Scottish Ministers become aware that the individual has died, their entitlement will end on the day the person dies. This has always been the policy intention but this additional clarification ensures this is put beyond doubt.

72. We are also clarifying Regulation 34(b) of the Child Disability Payment Regulations by inserting the word ‘Payment’ after ‘Child Disability’ as this is currently missing.

73. The Adult Disability Payment and Adult Disability Payment transitional provisions Regulations are being amended to clarify who changes are reported to before the transfer determination. Further amendments to the Adult Disability Payment transitional provisions Regulations clarify when and how changes that occur after the point of transfer should affect a person’s award.

74. These are technical amendments and we do not consider that they will have any significant impact on individuals other than to clarify these provisions in terms of the Regulations..

Amendments to the Social Security (Invalid Care Allowance)

75. We are making amendments to the Social Security (Invalid Care Allowance) Regulations 1976 to reflect the current legal position for carers to be able to receive Carer’s Allowance when abroad and caring for someone who is in receipt of Child Disability Payment or Adult Disability Payment. This will ensure Carers providing care to someone in receipt of Child Disability Payment or Adult Disability Payment are treated consistently with those providing care to someone on Attendance Allowance, Disability Living Allowance or Personal Independence Payment.

76. There is not sufficient data available to evaluate the impact of this amendment on individuals however this is a small amendment to align with what currently happens and as such we do not predict any significant impact. We will however continue to engage with relevant stakeholders and key organisations to monitor the impacts of this policy.