Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023: island communities impact assessment

Policy Background

8. The Social Security (Scotland) Act 2018 (the 2018 Act) sets out the broad framework for the delivery of social security in Scotland. Child Disability Payment was the first of three types of disability assistance to be introduced by the Scottish Government and launched nationally on 22 November 2021. It is available to children and young people from the ages of 3 months to 18 years old who have care and/or mobility needs as a result of a disability.

9. Adult Disability Payment was also introduced by the Scottish Government on 29 August 2022. This form of assistance provides disabled individuals with support for extra costs incurred as a result of disability. Both Child Disability Payment and Adult Disability Payment have been co-designed with stakeholders and disabled people to ensure that the values of dignity, fairness and respect are embedded throughout.

10. In addition to supporting new applications, Scottish Ministers have made provision for the transfer of responsibility for delivering disability benefits for individuals who receive Personal Independence Payment and Disability Living Allowance for Children from the Department for Work and Pensions to Social Security Scotland. They are also responsible for changing the disability benefits for these individuals from Personal Independence to Adult Disability Payment and Disability Living Allowance for Children to Child Disability Payment. We refer to this process as “case transfer”.

11. The Disability Assistance (Miscellaneous Amendment) (Scotland) Regulations 2023 make amendments to the following sets of principal regulations for Child Disability Payment and Adult Disability Payment: the Disability Assistance for Children and Young People (Scotland) Regulations 2021; the Disability Assistance for Working Age People (Scotland) Regulations 2022; and the Disability Assistance for Working Age People (Transitional Provisions and Miscellaneous Amendment) (Scotland) Regulations 2022. These changes to the principal regulations are intended to smooth the transition for individuals moving between these benefits. In addition they include some minor technical amendments. They also make a small adjustment to the Social Security (Invalid Care Allowance) Regulations 1976 to clarify eligibility criteria for Carer’s Allowance.

12. As of 31 December 2022, it is estimated that 54,375 children and young people were in receipt of Child Disability Payment. Of this total, 13,005 were new applicants and 41,370 were people who had their award transferred to Child Disability Payment.^[5]

13. As of the 31 October 2022, 3,470 people were in receipt of Adult Disability Payment. Of this total, 3,135 people were new applicants and 335 were people who had their award transferred from the Department for Work and Pensions’ Personal Independence Payment.^[6]

14. Scottish Ministers set out a number of case transfer principles which were used to guide the development of the approach to case transfer. The principles set out by Scottish Ministers are:

• Correct payment at the correct time – ensuring that the case transfer process is designed so that individuals will receive the same amount for the Scottish benefit as they received for the corresponding UK benefit to include checks at the point of transfer
• No re-applications – we will not require individuals to reapply for their benefit as part of the case transfer. We will work with DWP to move individuals automatically to Social Security Scotland and the corresponding new Scottish benefit.
• No face to face DWP re-assessments – we will ensure that no-one will be subject to a face to face re-assessment by DWP when new applications for Adult Disability Payment open. DWP do not conduct face to face assessments for Disability Living Allowance for Children renewals, so this is not a consideration for Disability Living Allowance for Children case transfer.
• Complete as soon as possible – whilst the previously set out timetable will no longer be possible due to the impacts of Covid-19, Scottish Ministers have been clear that they want to complete the transfer of cases as soon as is possible in a way that will not create unacceptable risks for individuals.
• Clear communication with individuals – we will inform our individuals the date their case will be transferred and will keep them informed at the various stages of the case transfer process.

15. To achieve the policy intent for a smooth Child Disability Payment to Adult Disability Payment journey in line with the above principles, we are doing the following:

Amendments relating to the Child Disability Payment to Adult Disability Payment journey

• Providing individuals moving from Child Disability Payment to Adult Disability Payment with financial continuity by allowing their payment cycles to be maintained. This will be achieved by allowing entitlement to Adult Disability Payment to begin the day after an individual receives their final payment of Child Disability Payment following the Adult Disability Payment determination
• Narrowing the extension of entitlement to age 19 for transferring individuals (being those who were transferred to Child Disability Payment from Disability Living Allowance for Children) through case transfer or a cross border move) to only those turning 18 on or before 31 December 2023

Other amendments to the CDP, ADP and ADP transitional provisions Regulations

• Creating additional provisions within the Child Disability Payment and Adult Disability Payment regulations to make explicit that the care/daily living component is restricted to individuals for whom the United Kingdom is the correct state for paying these components.
• For cases where a Determination Without Application is made on an individual’s entitlement to Adult Disability Payment when Scottish Ministers become aware that the person has died, bring entitlement to an end on the day the individual dies.
• Clarify Regulation 34 of the Child Disability Payment regulations by inserting the word ‘Payment’ after ‘Child Disability’ as this is currently missing
• 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.

Amendment to the Social Security (Invalid Care Allowance) Regulations 1976

• Ensure that Carers who are caring for an individual in receipt of Child Disability Payment or Adult Disability Payment while abroad continue to receive Carer’s Allowance

16. This policy is closely aligned with the Healthier, Wealthier and Fairer Strategic Objectives, and contributes to the following National Outcomes:

• We respect, protect and fulfil human rights and live free from discrimination;
• We tackle poverty by sharing opportunities, wealth, and power more equally;
• We live in communities that are inclusive, empowered, resilient and safe; and
• We grow up loved, safe and respected so that we realise our full potential.

17. This impact assessment is one of a package to accompany the regulations. The others are: Business and Regulatory Impact Assessment (BRIA); Equality Impact Assessment (EQIA); Children’s Rights and Wellbeing Impact Assessment (CRWIA); and the Fairer Scotland Duty Assessment.

Scope of the Island Communities Impact Assessment (ICIA)

18. This ICIA gives consideration to the impact of the introduction of these amendments on disabled people who live in remote and island communities.

19. A variety of sources were used in compiling this ICIA, including:

• Scottish Health Survey 2021^[7]
• Social Security Experience Panel findings^[8]
• Responses to our Consultation on Disability Assistance in Scotland^[9]
• Scotland’s Census 2011^[10]
• Child Disability Payment Statistics – February 2023^[11]
• Adult Disability Payment Statistics – December 2022^[12]